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2012-03-07 Special
EIDIAN-- IDAHO NOTICE OF CANCELLATION OF THE REGULARY SCHEDULED MEETING OF THE MERIDIAN CITY COUNCIL Mayor Tammy de Weerd City Council Members: Keith Bird Brad Hoaglun Charles Rountree David Zaremba NOTICE IS HEREBY GIVEN that the regularly scheduled meeting of the Meridian City Council for Tuesday, March 6, 2012 at 7:00 p.m. has been CANCELLED due to the Idaho Republican Caucus If you have any questions, please contact the City Clerk's Office at 208-888 4433. Thank you. DATED this 2nd day of March, 2012. JAYCE8 HOLMAN — CITY SEAL 4, risk& Meridian City Council Meeting Cancellation — March 6, 2012 All materials presented at the public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. CiWEOZ IDAH CITY COUNCIL SPECIAL MEETING AGENDA Wednesday, March 07, 2012 at 7:00 PM 1. Roll -Call Attendance X David Zaremba X Brad Hoaglun X Charlie Rountree X_ Keith Bird X Mayor Tammy de Weerd 2. Pledge of Allegiance 3. Community Invocation by Steve Moore with Ten Mile Christian Church 4. Adoption of the Agenda Adopted 5. Proclamation A. Skills USA Proclamation 6. Consent Agenda Approved A. Approve Minutes of February 14, 2012 City Council Workshop Meeting B. Approval of Beer/Wine/Liquor License Renewals 2012-2013: Wahooz/Pinz 1385 S. Blue Marlin BWL Piehole Pizza 726 Main St. B Joy Garden 2951 E. Overland Rd. BW C. Approval of Utility License Agreement with Settlers Irrigation District for Sewer Line Crossings of the Settlers Southside Canal D. Award of Project Management Software Subscription Agreement to E -Builder for the Not -To -Exceed Amount of $116,383.00 and Authorize the Mayor to Sign and the Clerk to Attest Meridian City Council Meeting Agenda — Wednesday, March 07, 2012 Page 1 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 7 J U131 E. Award of Bid and Agreement for "Meridian City Hall Remediation Roof Repair / Replacement" to Modern Roofing for the Not -To -Exceed Amount of $302,893.00 and Authorize the Mayor to Sign and the City Clerk to Attest F. Findings of Fact, Conclusions of Law for Approval: PP 11-012 CenterCal Subdivision by Meridian CenterCal, LLC Located Northeast Corner of E. Fairview Avenue and N. Eagle Road Request: Preliminary Plat Approval Consisting of 15 Building Lots on 80.1 +/- Acres in a C -G Zoning District G. Findings of Fact, Conclusions of Law for Approval: SHP 12- 001 Northpointe Commercial by Blackhawk/Meridian, LLC Located Northwest Corner of W. McMillan Road and N. Linder Road Request: Short Plat Approval Consisting of Two (2) Commercial Lots on 1.40 Acres in C -G Zoning District H. Resolution No. 12-843: A Resolution Amending the Meridian Comprehensive Plan to Remove 2.675 Acres of Land Known as the Gibson Property From the Future Land Use Map and the Area of City Impact (CPAM 11-003) Community Items/Presentations A. Presentation of the Draft Analysis of Impediments to Fair Housing Choice Study and Open 30 -Day Public Comment Period Items Moved From Consent Agenda Department Reports A. Mayor's Office: Mayor's Youth Advisory Council (MYAC) Update Removed from Agenda Action Items A. Continued from February 28, 2012: AP 12-001 Request: Appeal for a City Council Review of the Director's Denial of an Accessory Use Permit (AUP 12-001) for a Home Occupation by Lee White Located at 1750 N. Ten Mile Road Continued to March 13, 2012 Meridian City Council Meeting Agenda — Wednesday, March 07, 2012 Page 2 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. B. Discussion and Action on Transfer of Franchise Agreement to Perform Solid Waste Collection and Disposal Services From Sanitary Services Company to Republic Services C. Resolution No. 12-844: A Resolution Approving the Transfer of the Franchise Agreement to Perform Solid Waste Collection and Disposal Services from Sanitary Services Corporation, Inc. to Republic Services Moved to March 13, 2012 agenda D. Public Hearing: TEC 12-002 Centrepointe Subdivision No. 2 (North) by Blue Marlin Investments, LLC Located West Side of N. Eagle Road, Approximately 114 Mile North of E. Ustick Road Request: Two Year (2) Time Extension on the Preliminary Plat Approved E. Public Hearing: RZ 11-007 Accolade Apartments by Gramercy, LLC Located South of E. Overland Road and West of S. Bonito Way, Between E. Blue Horizon Drive and the Ridenbaugh Canal Request: Rezone of 12.29 Acres of Land from an R-15 (Medium High -Density Residential), a TN -C (Traditional Neighborhood Commercial) and a C -G (General Retail and Service Commercial) Zone to an R-40 (High -Density Residential) Zone Approved F. Public Hearing: PP 11-014 Accolade Apartments by Gramercy, LLC Located South of E. Overland Road and West of S. Bonito Way, Between E. Blue Horizon Drive and the Ridenbaugh Canal Request: Preliminary Plat Approval of Two (2) Residential Lots and Two (2) Common Lots on 17.12 Acres in an Existing R-15 and Proposed R-40 Zoning Districts Approved G. Public Hearing: CUP 11-010 Accolade Apartments by Gramercy, LLC Located South of E. Overland Road and West of S. Bonito Way, Between E. Blue Horizon Drive and the Ridenbaugh Canal Request: Conditional Use Permit for 264 Multi -Family Dwelling Units on Approximately 11.53 Acres in a Proposed R-40 Zoning District Approved H. Public Hearing: MDA 11-013 Accolade Apartments by Gramercy, LLC Located South of E. Overland Road and West of S. Bonito Way Between E. Blue Horizon Drive and the Ridenbaugh Canal Request: Amend the Recorded Development Agreement (Inst. #106141056) for the Purpose of Meridian City Council Meeting Agenda — Wednesday, March 07, 2012 Page 3 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Excluding the Property AND Creating a new Development Agreement for the Proposed Accolade Apartments Approved 11. Continued Department Reports A. Police Department: Budget Amendment for Idaho Transportation Department (ITD) Distracted Driving Grant for a Not -to -Exceed Amount of $14,285.00 Approved B. Police Department: Budget Amendment for Idaho Transportation Department (ITD) Alive at 25 Grant for a Not -to - Exceed Amount of $17,900.00 Approved C. Planning Department: Draft Five -Year Community Development Block Grant (CDBG) Consolidated Plan Strategies and Objectives 12. Future Meeting Topics A. Add update to Kleiner Park to March 13, 2012 workshop Adjourned at 9:43 p.m. Meridian City Council Meeting Agenda — Wednesday, March 07, 2012 Page 4 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Meridian City Council March 7, 2012 A meeting of the Meridian City Council was called to order at 7:00 p.m., Wednesday, March 7, 2012, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, David Zaremba, Keith Bird, Brad Hoaglun and Charlie Rountree. Others Present: Ted Baird, Jaycee Holman, Bill Parsons, Kyle Radick, Mike de St. Germaine, Chis Amann, Lori den Hartog, Steve Siddoway, and Dean Willis. Item 1: Roll -call Attendance: Roll call. X David Zaremba X Brad Hoaglun X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd De Weerd: Okay. Well, I would like to welcome you here this evening. Thank you for joining us and it's always nice to see young faces in our audience. Not that we don't always have young faces, but in particular those with the red jackets. Thank you for joining us. For the record it is Wednesday, March 7th. It's 7:00 o'clock. We will start with roll call attendance, Madam Clerk. Item 2: Pledge of Allegiance De Weerd: Item No. 2 is our Pledge of Allegiance. If you will all rise and join us in the pledge to our flag. Item 3: Community Invocation by Steve Moore with Ten Mile Christian Church De Weerd: Item No. 3 is our community invocation. Today we will be led by Pastor Steve Moore and he is with the Ten Mile Christian Church. If you will all join us in the community invocation or take this as an opportunity for a moment of reflection. Thank you for joining us, Pastor Moore. Moore: Thank you. Appreciate the invitation. God, sometimes I get just way too busy and forget about your presence and tonight seems like a good time to remember that it's your world and that you're a lot bigger than -- than we are and it seems appropriate to ask for your will to be done here tonight. I pray your blessing and your direction on our Mayor and these Council members and the city servants here in Meridian, that both volunteer and have given their life and employment, their best hours of the day to make our community better. God, we ask a blessing on their homes, on their spirits. We pray that what's done tonight would improve our community life. We thank you for these and the weighty decisions that they have to make that sometimes aren't popular Meridian City Council March 7, 2012 Page 2 of 55 and often what pleases one displeases another. So, we are just grateful for people with character and with passion for their community to even put themselves in such positions, in the name Jesus, amen. Item 4: Adoption of the Agenda De Weerd: Thank you. Well, Item No. 4 is adoption of the agenda. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: Just a couple items to note on tonight's agenda. Under Consent Agenda, Item 6-H, that resolution number is 12-843. Under Item 9, Department Reports, we need to remove that beings we moved the meeting to Wednesday night we don't have a youth person available to make the update, so the request is to remove that item from our agenda. Under Item 10, Action Items, 10-C is resolution number 12-844. So, with those items, Madam Mayor, I move adoption of the agenda as amended. Rountree: Second. De Weerd: I have a motion and a second to adopt the agenda as amended. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES Item 5: Proclamation A. Skills USA Proclamation De Weerd: Item No. 5 is a proclamation and, Council, I will move down to the podium. Well, it is always great to have our Skills USA group with us. We have been very impressed not only with what you do in our community, but how you compete on a national level and I will say at this time that you are very fortunate to the advisor that you have. So -- advisors. Well, we see one face, usually, all the time, so -- I know. Me, too. But I would like to read this proclamation and, then, I would like to invite you forward, if you would like to say any -- well, actually, I'd like to invite you forward and introduce yourself. If you will state your name, the grade that you're in and what your area of expertise, what you compete in as well. So, first the proclamation. Whereas the City of Meridian is proud to recognize deserving citizens in the community, especially students who accomplish great things on behalf of our community, and whereas Skills USA Team Renaissance willingly performed numerous hours in planning and constructing a home within the Joint School District No. 2 during class time and weekends for a family in need and whereas Skills USA Team Renaissance has demonstrated it's willingness to educate the meaning of Skills USA not only to citizens of Meridian, but also to the state and federal legislative officials and whereas Meridian City Council _ March 7, 2012 Page 3 of 55 Skills USA Team Renaissance has reached out to other community organizations, such as the Lion's Club and the Boys and Girls Club by constructing a child's playhouse no cost for these organizations and whereas all major curriculum areas of masonry, architectural drafting, residential building construction and digital home technology integration offered, which helped the members of Team Renaissance complete this home and whereas the Mayor and City Council of the City of Meridian acknowledge Skills USA Team Renaissance and the efforts of their classmates and Mr. Ingers -- Engers -- sorry. I think I do that every single year. Enger: I have been called so much worse. De Weerd: I know. And that's what I'm guilty of. In his residential construction class. Therefore, I, Tammy de Weerd, Mayor of the City of Meridian, do hereby proclaim March 7th as Skills USA Team Renaissance Day here in the City of Meridian and I encourage all residents within the city to celebrate the accomplishments of the Skills USA Team Renaissance and join us in this celebration. Thank you for joining us. And, again, I would love you to come forward and tell us what your area of expertise is and how you participate in this home and if you will be competing at the national level and so we will just start and rotate around. Demaboton: My name is Julia Demaboton. I'm a senior at Renaissance High School. I am part of the residential building construction program. It's my third year. But I actually compete in the community service competition. McFadden: My name is Cheryl McFadden and I am a senior at Rocky Mountain High School and I am part of the residential construction building program at Renaissance and I will be competing in community service this year. Rogers: My name is Luke Rogers. I am a junior at Mountain View High School and I will be competing in the firefighting. Sutherland: I am Jake Sutherland. I am also the president of Team Renaissance Skills USA and I'm going to be participating in firefighting. Luna: My name is Carlos Luna and I am a senior at Mountain View High School and I will be competing at -- for firefighting. Woford: I'm Cole Woford and I go -- I'm a junior at Rocky Mountain High School, but I go to Renaissance High School for the firefighting program and I will be competing in the firefighting competition. Martino: My name is Nick Martino. I'm a senior at Renaissance High School and I'm involved in the firefighting competition. Mavis: I'm Shane Mavis. I'm a senior at Meridian High. I'm going to be competing in digital home technology integration and display. Meridian City Council March 7, 2012 Page 4 of 55 Yoder: My name is Hailey Yoder. I'm a sophomore at Renaissance High School and will be competing in firefighting. Ross: My name is Zach Ross. I'm a junior at Eagle High School. I'm part of the construction of the house in the class and I'm also competing in the community service program. Casey: I'm Zach Casey. I'm a third year senior in the construction building area and I'm going to be competing in carpentry. Cole: My name is Cameron Cole. I'm a senior at Mountain View High School. This will be my third year participating with the building of the habitat home through Renaissance and I will be participating the carpentry competition. Enger: My name is Mark Enger. I'm the -- one of several advisors dealing with Team Renaissance and it's, obviously, a handful with all the different types of curricula dealing with these duties involved in from, obviously, firefighting, police, fire, building construction, digital home technology integration. You have masonry. You have architectural drawing. It's a never ending saga of what -- the talents that the youth have of today's world and it is a true challenge and we always take that on wholeheartedly, obviously, year after year. Frankly, we just flat out love it. At least I can't speak for my colleague, I suspect they are much like myself, we flat out love what we are doing and seeing these kids excel. Last year we were very successful. I can't speak for this particular curriculum, I really know nothing about it, but the gentlemen behind can speak about it. They were fortunate to take number two in the nation on digit home technology integration. What that means is very simple. You have a home basically being run by a computer. It's a smart home. All the homes we build now for Habitat for Humanity are all being prewired for low voltage wiring, cable TV at no cost is for these particular issues of the school. Meaning the materials are purchased by Habitat for Humanity, the issue is the cost of labor, obviously, in these homes, but the kids come in and do this for the learning and they do a beautiful job and they prewire all these homes for with Cavite wiring for all the particular rooms and cable TV. I think the young man could probably speak to it probably a whole lot more efficiently than I can, but, like I said, they came back last year with number two in the nation and to me what a noteworthy opportunity for that particular group and their advisor himself who could not be here tonight and his name is Mr. Greg Grove. We have another advisor in-house, his name is Mr. Clay Long, who is taking photos right here in the front row who is dealing with the firefighting. So, with that thank you, City Council, Madam Mayor. Let's hand that to, obviously, the two young ladies there on the community service team if we could, please. De Weerd: And, again, I would like to commend all of you for what you do. You do put a great face on our community as you go and compete nationally. We appreciate that. We have had the opportunity to participate and help the community service teams and it was, indeed, a joy. We have worked with the construction team as they have built the Habitat For Humanity home and I can tell you we have had nothing but positive Meridian City Council March 7, 2012 Page 5 of 55 experiences. So, we appreciate all of you. It's my honor and pleasure to present this proclamation to you and wish you great success. Item 6: Consent Agenda Approved A. Approve Minutes of February 14, 2012 City Council Workshop Meeting B. Approval of Beer/Wine/Liquor License Renewals 2012-2013: Wahooz/Pinz 1385 S. Blue Marlin BWL Piehole Pizza 726 Main St. B Joy Garden 2951 E. Overland Rd. BW C. Approval of Utility License Agreement with Settlers Irrigation District for Sewer Line Crossings of the Settlers Southside Canal D. Award of Project Management Software Subscription Agreement to E -Builder for the Not -To -Exceed Amount of $116,383.00 and Authorize the Mayor to Sign and the Clerk to Attest E. Award of Bid and Agreement for "Meridian City Hall Remediation Roof Repair / Replacement" to Modern Roofing for the Not -To -Exceed Amount of $302,893.00 and Authorize the Mayor to Sign and the City Clerk to Attest F. Findings of Fact, Conclusions of Law for Approval: PP 11-012 CenterCal Subdivision by Meridian CenterCal, LLC Located Northeast Corner of E. Fairview Avenue and N. Eagle Road Request: Preliminary Plat Approval Consisting of 15 Building Lots on 80.1 +1- Acres in a C -G Zoning District G. Findings of Fact, Conclusions of Law for Approval: SHP 12- 001 Northpointe Commercial by Blackhawk/Meridian, LLC Located Northwest Corner of W. McMillan Road and N. Linder Road Request: Short Plat Approval Consisting of Two (2) Commercial Lots on 1.40 Acres in C -G Zoning District H. Resolution No. 12-843: A Resolution Amending the Meridian Comprehensive Plan to Remove 2.675 Acres of Land Known as the Gibson Property From the Future Land Use Map and the Area of City Impact (CPAM 11-003) Meridian City Council March 7, 2012 Page 6 of 55 De Weerd: Okay. Council, Item No. 6 is our Consent Agenda. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: On the Consent Agenda, Item 6-H is resolution number 12-843. With that I move approval of the Consent Agenda and the Mayor to sign and Clerk to attest. Rountree: Second. De Weerd: I have a motion and a second to approve the Consent Agenda. Any discussion? Rountree: I have none. De Weerd: Madam Clerk, will you, please, call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 7: Community Items/Presentations A. Presentation of the Draft Analysis of Impediments to Fair Housing Choice Study and Open 30 -Day Public Comment Period De Weerd: Item 7-A under our community presentations. I will turn this over to Lori. Den Hartog: Madam Mayor, Members of the Council, it's nice to be before you again this evening. I just wanted to briefly introduce the item this evening. As you know we have contracted with BBC Research and Consulting to complete an analysis of impediments to fair housing choice. This report is required for the city to complete as part of our participation in the Community Development Block Grant program through the U.S. Department of Housing and Urban Development. So, I have Rachael Thompson here this evening from BBC Research and Consulting to present our findings from the report. This meeting opens up our 30 day comment period on the report, so those who have participated and who have been a part of supplying information to the city and you as well know members of the community will have an opportunity to provide any comments and, then, I will be back before in April to close the comment period to officially adopt the report. And with that I will turn it over to Rachael Thompson from BBC. Meridian City Council March 7, 2012 Page 7 of 55 De Weerd: Thank you, Lori. Welcome, Rachael. Thompson: Thank you. It's great to be here. I have very much enjoyed working with Lori and your stakeholders are incredibly engaged, so I appreciate the opportunity to work in Meridian and to present our findings to you tonight. I'm going to quickly just give you a little bit of a background on our joint comp plan and the Al effort that Lori just introduced. Give you a brief demographic in housing profile update from the data that we gathered during this process. A summary of a resident survey that we took and, then, also present some of the meat of the Al, which is the impediments in the fair housing action plan, which I will be referring to as the FHAP. Are we up and running? It's a very engaging presentation, so I want to make sure everyone can see it. So, Lori mentioned BBC was hired to complete both the HUD consolidated plan and Al. It's smart when communities do these two studies together. The two studies have a lot of overlap and data collection and public input, so we were glad that we could do both studies at the same time. We conducted a resident survey between November 16th and December 15th. We had about 330 residents participate in that. I will talk a little bit more about that later in my presentation. I came to Meridian in January. Had a focus group with I think about seven stakeholders. It was a great meeting. We are in the process of putting together the strategies and objectives for the comp plan, which Lori will present to you later. This is, obviously, the findings from the Al. This opens up the public comment period. Lori I believe on Monday will present that Al -- the action plan process and, then, all of this gets wrapped and submitted to HUD in August of this year. A little bit of background on what an Al actually is. AI entitlement communities that receive funding from HUD are required to complete an Al. The Al had received quite a bit more scrutiny from HUD really within the last three years. There was a pretty well publicized lawsuit against West Chester County, which is a wealthy county north of New York back in 2009 in which HUD found that not only were they not affirmatively -- affirmatively furthering fair housing, but they were also not completing their Al sufficiently. So, after that lawsuit HUD has really, like I said, scrutinized the AI's more closely and they are putting a lot of pressure on communities to complete sufficient AI's. So, what we do when we do an Al is we try to identify activities that may have a disparate impact on protected classes and what those protected classes are are race, color, sex, religion, national origin, disability and familial status and these protected classes are identified as part of the Civil Rights Act. As part of the AI we identified barriers to fair housing,. We also call them impediments. And, then, we put together a fair housing action plan, which gives the community action items that will help mitigate the impediments that we identify. I thought it would be interesting just to present a few of the data items that we gathered as part of both the comp plan and Al process. We are doing it at a good time, because the 2010 census was just released. If you have lived in Meridian for a few years it's not a surprise to know that you're incredibly fast growing. Your city is aging. It's not aging as much as other communities, but you will certainly see growth in your baby boomers and also in your seniors. Your racial composition has changed very little. You have seen some growth in your Hispanic population, but it's still a small growth. You're relatively wealthy, particularly compared to some of your surrounding communities, the state, and the U.S. as a whole and your poverty rate is low. Your low income Meridian City Council March 7, 2012 Page 8 of 55 households are relatively concentrated really right around City Hall here in your downtown area and that's important, because HUD has designated this area as a low and moderate income area, which means that you can spend your CDBG dollars within this neighborhood. The last ten years you have seen a decline in your homeowners rate. It has been impacted by foreclosures and anticipate that as the market picks up here a little bit you will probably see an uptake in your home ownership rates. Your housing stock is new. You have older stock here and it's pretty much new everywhere else. Your rents are high, particularly compared to Boise, Nampa, Ada county, some of the other surrounding communities. Like many communities you have a gap in rental units for households earning less than 25,000 dollars per year. By gap I mean that your demand, essentially, exceeds supply. Your housing market down turn has certainly impacted Meridian, both in sales activity and also in sales prices. In the last four years your average sales price has decreased by about 37 percent. There are a number of data items that we have to collect specifically for the Al one piece of information that HUD is very interested in is racial and ethnic concentrations and by concentration I mean that you have small geographic areas in your community that house more minorities than the city as a whole. There are no racial or ethnic concentrations in the City of Meridian. Public transit opportunities are relatively limited. This is of interest to Al, because it may dictate where people live and limits low income residents' ability both to live in Meridian and particularly where they are living within the city limits. In the last five years you have had 18 fair housing complaints filed within the city. Sixty-one percent of those have been filed in the disability status. Typically cases are filed for disability status, if some requests a certain modification to a home and that's denied by a landlord. There has been some legal cases -- legal cases within the region. Most of them have occurred in Boise and most of them have also involved disability status. Those have mostly been related to new construction that hasn't been in compliance with the ADA. Another data item that we looked at is lending data. So, these are individuals that applied for a mortgage or refinance or home improvement loans. This is, obviously, timely given the prime lending that's taken place in the last few years. Again, Meridian has no lending disparities. So, we conducted a resident survey both for the consolidated plan and the Al and we had 330 residents participate in that and I really wanted to thank the city for their help in promoting the survey. We are incredibly happy with the response rate that we received. The table there has all the organizations that helped us publicize the survey. And, then, we used a number of other distribution mediums for survey distribution. Public schools were incredibly helpful in spreading the word about the survey. Some of the findings from that survey. I thought I would get better at this as the presentation went on, but it still isn't going very smoothly. There we go. I urge you to read the comp plan when it comes out for more exhaustive summary of the survey, but a few findings, particularly pertinent to the Al are residents are incredibly satisfied living in Meridian. You're probably not surprised by that. And just a side note, we are working with a few other Boise regional communities and what we hear in the surveys is that a lot of regional residents aspire to move to Meridian, so your population may continue to increase. Residents said their homes are in good condition. That's good. About four percent said they lacked repairs that made their homes unlivable. By and large residents hadn't experience any sort of discrimination when finding housing in Meridian City Council March 7, 2012 Page 9 of 55 Meridian and that's good news. In some communities that could be has high as 20 or 30 percent that respond to that. And in general we asked residents if they felt like fair housing services were needed in the city, if the city should start funding fair housing services more and residents essentially said that they were not needed here. So, with that I wanted to talk a little bit about the impediments to fair housing and, then, also present your fair housing action plan and so this is what will be presented to HUD as your Al. The first impediment that we found was an overall lack of affordable housing, particularly when compared to your households. And HUD considers this to be an impediment, because of a lack of affordable housing can lead to income, racial, and ethnic segregation and may disproportionately restrict housing choices for certain protected classes. So, the two action items that we identified for the city are, first, to preserve the affordable housing that's here. Make sure you are working with -- with the owner of these properties to insure that they are going to stay under affordability, continue to stay affordable to residents. And, then, they also talked about convening an affordable housing task force to investigate ways to develop new affordable housing. This task force should probably include members of city staff, affordable housing developers, and other -- the downtown development corporation and other stakeholders in the community and their primary task would be to look at what other communities are doing to encourage affordable housing and determine if any of these tools or policies might be something that could work in Meridian. The second impediment was potential resident opposition to affordable housing development. This is identified by the stakeholders. In some communities this is called not in my backyard syndrome or Nimbyism. This is considered an impediment, because HUD gives consideration to how communities hold themselves out to residents and so what we suggest is that you just continue your good neighbors plus fair housing equals strong communities campaign. It's been effective in the past and we just suggest that you start tweaking that, so that it's specifically geared towards your impediments. Impediment three is limited public transportation opportunities. BBC has a pretty active public finance practice area as well and we do transportation financing studies and we know that public transit is incredibly expensive and so this is not something that's going to be fixed overnight. And so what we suggest is that city staff continue to stay engaged in regional transportation planning efforts, be noisy, there is funding available, try to find it, and make sure that you're staying aware of any sort of state, local, or federal funding sources with regards to transit. Impediment four, the lack of understanding by developers and landlords about housing accessibility requirements. We saw this in -- obviously, in your complete data and, then, also it's in the lawsuits that have occurred regionally. This is simply an impediment, because persons with disabilities are a protected class under the Fair Housing Act. So, again, we encourage the city to continue their fair housing campaign, tailor their outreach efforts to make sure that particularly landlords understand their responsibilities and obligations under the Fair Housing Act. Expand outreach to Meridian's landlords. Potentially hold a fair housing training. And, then, also train community development staff on ADA and fair housing design and guidelines to make sure that when they see approvals or permits coming through that they meet all the guidelines and requirements of that. So, what happens with this information is we will put together some action items and each year as part of the action plan to the keeper will report back to HUD what you all have been Meridian City Council March 7, 2012 Page 10 of 55 . doing or you will include information about what you have been doing with regards to fair housing and mitigating these impediments. With that I'm open to any questions that you may have. De Weerd: Thank you, Rachael. Any questions from Council? Bird: I have none. Rountree: I have none De Weerd: Okay. Thank you. So, Lori, next steps? Den Hartog: Madam Mayor, Members of the Council, I have a department report this evening later in the agenda and -- De Weerd: Okay. Den Hartog: -- I will provide some next steps for you. The key thing to note about the fair housing action plan is that it does -- the responsibility of that falls within the community development department, primarily with me, insuring that we follow through on our action plan items and that we have -- and Rachael and I have worked together -- worked out together a multi-year strategy and kind of figured out a way how best to approach that and kind of taking small steps each year and showing how we are -- in showing HUD how we are moving forward on some of these items. So, I will present kind of the next steps moving forward when we have the department report this evening. De Weerd: Very good. Thank you so much. Den Hartog: Thank you. Item 8: Items Moved From Consent Agenda De Weerd: Okay. There were no items moved from the Consent Agenda. Item 9: Department Reports A. Mayor's Office: Mayor's Youth Advisory Council (MYAC) Update De Weerd: We did have a change to our regular agenda where we removed under Department Reports the Mayor's Youth Advisory Council and we will reschedule that to next week. Item 10: Action Items Meridian City Council March 7, 2012 Page 11 of 55 A. Continued from February 28, 2012: AP 12-001 Request: Appeal for a City Council Review of the Director's Denial of an Accessory Use Permit (AUP 12-001) for a Home Occupation by Lee White Located at 1750 N. Ten Mile Road De Weerd: So, I will move to Item No. 10, Action Item 10-A is continued from February 28th on AP 12-001. 1 will ask for comments from Mr. Baird. Baird: Madam Mayor, I can help kick this off. Mr. Nary advised me on what happened this week. As the agenda states, this is a continuation of a hearing from last week. Staff was directed to meet with Mr. White and work out issues as best they could. During the intervening week legal staff, planning staff, building department staff, met with Mr. White. My understanding they did resolve the attachment issue. I understand that Mr. White has agreed to attach his dwelling to the accessory dwelling to resolve that portion of the situation. Outstanding issues tonight include access, parking, screening -- those are the ones I'm aware of. There may be others. So, I will hand it over to Madam Mayor and the Council to decide how to proceed tonight. De Weerd: Okay. And I must apologize in advance since I was not here last week for the discussion to know what the outstanding issues are and so, Council, I would ask if you have any comments, any questions at this point? Baird: Madam Mayor, before the Council interjects, I understand that last week the public did have an opportunity to comment. The intention tonight was that the Council would not take further public comment, but perhaps you would inquire of Mr. White and see if that's -- how the Council wishes to deal with the appeal. De Weerd: Okay. Bird: I have no problem if Mr. White would like to -- has got anymore to add or anything, I have no problem with that. De Weerd: Okay. Mr. White, if you will, please, join us. I understand you received designation last week as man of Meridian or man of the year, so, you know, I'm honored to have you in front of us again this evening and if you will, please, state your name and address for the record. White: Lee White. 1750 North Ten Mile Road, Meridian. De Weerd: Thank you. White: Thank you for the designation. De Weerd: And I do understand that you have met with staff and have tried to work out the number of suggestions and issues that were raised in last week's discussion, so I will ask you to provide comment. Meridian City Council March 7, 2012 Page 12 of 55 White: Okay. I have prepared about a three minute comment here if I might De Weerd: Well, that's great, because I also understand that Mr. Hoaglun's a lot more free with his time than I am. So, you have three minutes. Go. No. I'm turning it over to you. White: Thank you, ma'am. I stand before you tonight as a strong proponent of free enterprise and the right to be an entrepreneur and limited government. Those things are important to me and I try to live within that realm. I also come before -- well, you have already said that -- as a person that's loved by some, hated by others, and admired by a few. De Weerd: We know how that feels White: Yes. Very true. I have had a lot of favorable comments. In fact, I had a phone call this evening. What's happening with you and the city. I don't see anything out there. Would like to see you back doing business. So, we are going to work toward that end. We did -- oh. We ended up last week with some ideas that I have taken home, reviewed, and we will discuss them. But, first, we heard from Councilman Rountree that he also made shovels -- made and sold shovel handles and he told me they had to be better than mine, so I kind of offered the idea that I would like to come and see what he does and how he does it and waited all week for an invitation. Never happened. So, I guess I'm not on the guest list. Competition is a good thing and the two of us have something in common that is kind of a lost art. There are about five issues -- either five or six issues that were discussed. One of them I received these notes directly from the city clerk via e-mail. The first one said nothing in the front yard that relates to sales, including signs. Here is what I have written. No problem. I haven't had anything of any kind or sign that relates to sales since the last year sale and the kids' yard sale that I had last year. The existing sign on the north fence is that of a service performed -- that I perform for the community. As you heard last week, it's a landmark, which is getting fame far and wide in some of our neighboring states. When telling someone where I live at Ten Mile and Cherry, they say Ten Mile and Cherry, anywhere near that guy that replaces shovel handles and I say, yes, I know exactly where you are. So, it's a landmark and, therefore, I would deem it as a historical point of significance. It's been there long enough that people know where it is and what it is and how to find me. It is not relating to sales. Number two. On the back garage -- this is quoted directly from the e-mail. On the back garage the separate facility, a professional sign that says that Mr. White does -- and in parenthesis not hand painted or done with stencils -- would have to meet the sign code. I haven't come up with an exact sign, but I have some people working on them. Here is one that I just had the one copy. If you want to pass it around I will bring it to -- De Weerd: Yes. If you will give it to Madam Clerk over there. Meridian City Council March 7, 2012 Page 13 of 55 White: It, in essence, states my mission statement and I think it has some merit. We can discuss that. Mission statement meaning -- or saying that I repair, rebuild, and recycle. And, number four, try to be a good neighbor. So, the circle shows recycling the shovels. One of the things I repair and the wording is self-explanatory. Would be open for suggestions. If that is -- if we are on the right track for a sign. I think we are. Okay. Number three item was materials stored in back -- your back yard. A fence that would not allow vision. Doesn't care what size. He's suggesting that on the fence -- it went blank. There is nothing further recorded at that point. I don't fully understand -- thank you -- all that I need to I suppose there. But there already exists a four foot fence that closes off a major part of the view from Ten Mile and from Walgreens to my property. You can see the pictures and I can't. You have to really focus on anything if you want to see the shop from Ten Mile Road. So, as you're driving down Ten Mile Road and want to see it back there at the shop, you're not paying attention to your driving and might cause an accident. I don't know. I think we need to have some discussion on that. But if you want me to go through the rests of the items first -- shall we do it that way? De Weerd: Uh-huh. Yes. That would be great. White: Okay. Let's do. Number four. Creating a tunnel from your home to that back garage that might have acanvas top. Might have a vine covering it. But it will have something that connects the structures, so that they are not separate. In discussing this with Mr. Nary, Kristi, and a man from the building department, we came up with the notion that we would have a solid piece of two by four -- or four by -- excuse me. Two by six running building to building, fashioned to the buildings on double legs at intervals of 20 feet. Makes it secure. Makes it an adequate piece of merchandise to fulfill the requirement. The main reason for this is that if we go to putting a cover of any kind on that we are in a wind tunnel. Damage can be extreme and totally unnecessary. The only problem or question I have is what is this doing to the property valuation -- assessment valuation? What will it do for my insurance? But I think that I'm willing to take that and put it up, so that it will work. I had a drawing here and wouldn't you know I left it. I have one. When you see that realize that I'm not an architect. Here is a vague idea of what we can do. I have a double row on that, but I -- I believe after further analysis a single two by six secured with four-by-four double posts, 20 foot intervals, will make it a very strong and nice looking piece of structure and that's what we want. We want it to look nice and be able to fulfill the requirements of the permit. Hoaglun: Well, I think, Madam Mayor and Mr. White, you know, it may satisfy us, but your wife may be the one you really ought to satisfy in how it looks, so -- White: Point taken. Point well taken. Okay. That's pretty much that one. Number five. That the goods sold would be stored in the evening. This is a wide open one. Not much description of what we needed. But I assume from that that we might be intending to leave my display on the outside of the wooden fence and bring it in at night. If we take it just to the east of my front -- back yard dividing fence this would be Meridian City Council March 7, 2012 Page 14 of 55 a good thing, out of the way, not causing any traffic hazards, any problems and people would be able to park further back toward the well house and meet that requirement. That is -- now, wait a minute. Number six. Any approval granted to this particular application would be subject to revocation by the city with 30 days notice and approval would go with -- would not go with the property if it sold. With the understanding at the present time that Ten Mile is to be widened within a one to two year period, that means they are going to be supposedly taking somewhere between ten and 15 feet off my frontage. That means my property is totally worthless as a residence. I would not be able to back out of my garage, enter into the garage, without being in a very dangerous position. So, 30 day notice -- or going with the property, that's an understood thing. It would not go, because there aren't any -- very many people that are going to want to continue doing recycling and things that I do. I would like to know on what grounds the revocation would be and who the enforcement people are and the guidelines. We would have to work through that. That's -- that's my part of the presentation. I think we need to have questions and answers. De Weerd: Thank you, Mr. White. Counsel, any questions? White: Don't stump me, please. Rountree: Madam Mayor, there is a couple things that were brought up earlier. Access and parking is an issue. Apparently the property doesn't have a deeded access to that back portion, that back garage. It's either owned by Walmart or it's owned by the adjacent property owner, at least that was my understanding, and that really and truly, not only for our benefit, but particularly Mr. White's benefit, he needs to get written permission from the property owners to, one, allow access on that personal property -- White: I have it. Rountree: -- and also allow parking on that personal property and if you do have that that would be something that would be needed -- be required with submission of an application for permit. You mentioned a couple questions about no signing in the front yard and that means what it says. No signing in the front yard. Your sign on the fence, in my opinion, is not an historic monument. At a minimum it would have to be 50 years old to meet any definition of that and have some regional significance. Your sign -- and I will just give you my comments -- is just fine, as long as it meets the sign code. I don't have any dimensions on it. and I don't have my calculator to compute what six square feet is on a circle, but it has to be six square feet or less to meet the sign code. I got a question about materials stored in the backyard out of the view. That means what it says. You will notice -- if you will turn around and look and the pictures, you have a bunch of material that's stored outside of a fence and apparently in a driveway and the parking apron in front of your garage. That is not consistent with city ordinance in and of itself, let alone with any business activity. So, that needs to be stored behind a fence in the backyard out of view. White: That can be taken care of very easily. Meridian City Council March 7, 2012 Page 15 of 55 Rountree: That -- please. Your arbor for connecting the house is -- and I think that's a grand idea and you can grow grapes out there or do whatever you want on that to make it even esthetic, so -- so, you and your wife and Brad can get together on that. Goods sold -- if they are out for public view, it means what it says, they are to be stored out of view in the evening. And as far as revocation, the revocation would be based on any significant issues related to the activity on the property or any violations of the conditions of any permit that might be granted, just like any other application or permit in the city and that would be done by code enforcement. Observation, based on what I re -word from last week, you said a number of times that money is not an issue and a number of people testified saying it's not an issue for Mr. White. So, I take it from that that this is more of a hobby and I can appreciate that and hobbies certainly are something we would encourage on a residential property and keep in mind this is a residential property. It is not a business if were a business you should be very worried about the fact your insurer probably isn't insuring it as a commercial establishment and you don't have liability insurance covering a commercial establishment. You're not paying property taxes for a commercial property. There is a lot of things you're not doing by saying you're running a business in a residence. So, I'd like to keep this in the realm of a hobby and I would suggest that you might want to think about that as well. So, those were the conditions and some of them you suggested, some of them I suggested, some of them I picked from what was said in the discussion when I gave you the list last week. I'm comfortable with those, the way they have been explained, to move forward with this. If you're not comfortable with those, then, it's up to the Council to either figure out another way to make this work or -- or do it -- I don't think any of us want to do necessarily is -- is uphold the denial. But I guess -- and for your opening statement -- I don't know that I said mine were better than yours, but I alluded that they might be pretty nice and after all of this is resolved and this isn't an application before the city, when we can actually talk and it's not considered ex -parte, you're welcome to come to my shop anytime and see the one shovel I have left that you can -- actually it's not even a shovel, it's a -- it's a spading fork, but it's -- it's the one I have that hasn't been either given away or broken or whatever. But, anyway, so -- White: If you need a replacement I know where a guy could -- Rountree: Well, I do, too, so -- White: Okay. May I ask a question? De Weerd: Yes, sir. White: Madam Mayor, it hasn't been totally clarified where I am going to be allowed to display my merchandise that I have as a hobby that I can bring it in at night. Can we come to some idea on that? Am I going to be okay there on the south side of the wooden fence -- the east side of my dividing line -- dividing line between front and back yards? Meridian City Council March 7, 2012 Page 16 of 55 Rountree: Madam Mayor, I'll offer an opinion on that. I -- if that is your property you can display it out there. If that's not your property I can't -- I can't give permission one way or another. I suggested when you clean all the materials off of your apron, your garage or your parking pad, that there is going to be sufficient room to display a lot of stuff out there that you might want to sell. But, again, my comments are that has to be cleaned off and that material has to be stored in some other location out of view. White: Not a problem. Rountree: You have got a lot of stuff there. I'm not sure that you and I both could make something out of that in the rest of our days, but -- White: I have quite a bit of firewood there. Rountree: Yes, you do. White: As soon as the firewood season starts again that will be chopped up and put out for the public to purchase and use in their camp fires. Hoaglun: Madam Mayor? De Weerd: Yes, Mr. Hoaglun. Hoaglun: I have just a comment and follow up with a question with Mr. White. The way I saw it, you know, goods stored in the evening and the materials in the backyard, I was even thinking last week that you have a fence that opens up that allows access -- you're able to see everything that you're offering or that you want to display and in the evenings to store it, to get it out of view, you can just close that fence. That was kind of something I had in mind last week when we were talking about this as a way to -- whether it slides or opens or what have you -- as a possibility to -- and that way it's stored for the night, it meets that criteria, you don't have to move everything back and forth, but that kind of was my thinking on that. White: That's acceptable. And there is a double gate that opens there. Can't see it. Hoaglun: On the other -- that one on the lower left, I think that's part of it there. To the far left. White: That's it. Yeah. You can see part of the gate right in there. Somebody's moving the worm. Hoaglun: We are at the far left in the yard part; correct? Where you will display your items? White: Right -- bring the arrow down. Meridian City Council March 7, 2012 Page 17 of 55 Hoaglun: And, then, swing it -- White: I can display it there. If you will let me, I will continue to do it -- yeah. Up -- top left picture. Oh, it switched on me. Hoaglun: There we go. White: Top left picture. About halfway down where the cement is, down in that area -- Hoaglun: Uh-huh. White: Am I touching this and that's making it move? De Weerd: Uh-huh. White: Okay. Five or ten feet at the end of that curb is a good area. It's out -- it's a safe area to put things out. I would like to keep the firewood in that area. People can, then, make the turn and come out. They are not causing any traffic problems. Pick that up. I would like to move the rest of the stuff on back toward the area we were talking about in the top right picture. After that those railroad ties and that dirt is moved and the two by fours are chopped up for firewood that area will be cleaned and if that's okay with the group we are okay. Hoaglun: Madam Mayor, just to clarify. Which side of the fence is that firewood on? Is it on the street side or is it on your yard side? White: It has to be on the street side to be visible for people to see. And that is not a street, it's a road, which is half owned by Walgreens, half owned by the neighbor behind me. I have permission for the use on the half owned by the neighbor behind me with their blessings, as long as I keep the place neat. So, I have got to neaten it up a little bit there in back. Rountree: Yes, you do. Hoaglun: Okay. De Weerd: Mr. Zaremba Zaremba: Madam Mayor? Just a couple of comments, I guess, for -- to some extent for the record. In accordance with our ordinances I would clarify that, of course, the director was right to follow the ordinances and deny this. It's now before us to make an exception and on that note I would like to express my appreciation to Councilman Rountree for the suggestions he has made that would move this forward. Those two things said, I'm still fuzzy on a couple of things. My vision of the discussion last week was that the area between this access road, which is half owned by your neighbor and Meridian City Council March 7, 2012 Page 18 of 55 half owned by Walgreens, between there and this building that we are looking at -- in other words, what I would say is the pad leading to a garage or the separate shop, it was my understanding that that would be cleaned entirely and, therefore, would become available for parking if you had -- I guess customers isn't the right word, but people that are coming to share your enthusiasm and your hobby. Whether the materials that are there are put behind the fence or put on the north side of the shop garage building isn't something I need to decide, you can decide where you'd rather have it, but I want to make sure that we are clear that none of it stays on that pad south of the building; is that correct? White: None of what? One more time. Zaremba: I didn't hear that. White: None of what? Zaremba: All the stuff that's currently stored outside -- all the stuff that's on what I would assume is a driveway into that building. There is a cursor moving around on the screen that I'm looking at. The area that's being circled should be cleaned. Is that the direction that we are going? White: On the outside of the fence? Yes. Inside the fence has to be used for the storage display area. Rountree: No. Zaremba: Well, display of things you make, not display of -- White: Excuse me? Zaremba: Display of things that you make or improve or have finished your recycling effort on, not display of raw materials. I don't think we are envisioning anything that's sitting there now staying there. White: I said that would be moved and taken care of. Zaremba: Yeah. Okay. Zaremba: Okay. All right. White: Yeah. I have no problem with -- Zaremba: All right. We are together on that one, then. Thank you. Meridian City Council March 7, 2012 Page 19 of 55 White: Very good. Zaremba: Then the other I was a little confused about your introductory discussion about a sign. It isn't necessarily about what's on the sign, but I thought the direction that we were going was, essentially, no signage in front of your house, including that north fence. But your discussion was that that sign would remain. So, I'm not clear on what everybody's intent was. I was thinking there would be no sign -- the only sign on the property would be -- this is fine if that's an example, but that would be the only sign on the property -- anywhere on the property. White: I have reservations on removing the one in the front. If you want it rebuilt, redone, I think that it is a -- I use the term landmark for the community -- we were told last week by a young lady that it was on Twitter or what have you in California and Oregon and it's something that's -- I'd like to keep it. I think it brings friendly people to have comment, make phone calls to me. It's a conversation piece. I really would like to see it stay. I have a problem with not having anything else on the front yard, but that one is kind of dear and near to me I guess is what I'm saying. Zaremba: Well, I agree with you that it's noticeable and it sort of adds character, but we are still struggling with the issue that this is a residential property and we are trying to figure out how to allow things that we don't allow on residential properties, because your property is unique and I recognize that, so I guess I would listen to some other discussion. My thinking was there would be no sign, but I'm not the only opinion here, so -- White: Well, I have stated my feelings on it. I -- it's near and dear to me and I think that I have done quite a bit here to comply with the balance of the requirements that are being placed in order to get the permit. I think there needs to be a little give and take. There is -- you're to be commended for what you have done so far. I appreciate it. De Weerd: Well, Mr. White, being somewhat neutral, since I wasn't here last week, I think there has been great compromise on both sides, but the -- what you see Council is trying to do here is find not only a compromise, but something they feel comfortable that they would apply evenly and fairly to all residents, so they are not giving preferential treatment to any one person and that is a fine balance sometimes. White: Can't argue the point with you, Madam Mayor. De Weerd: So, Council, the other members, do you want to weigh in? Do you have any comments on what has been discussed to date or so far this evening? Bird: Nothing has been said that I -- what I would say has already been said, so -- De Weerd: Okay. So, I guess to recap for where I think we are, is that if Mr. White can give the city documentation on the access and parking agreement with the Meridian City Council March 7, 2012 Page 20 of 55 neighbor I believe to the east of him to use that area, that people can park along, is what the city is looking for. The sign looks -- looks appropriate. It's very nice, I would add. Would need to work with Planning staff to make sure it does fit the criteria as in once dimensions are known. The fencing -- I think what, Mr. White, they are looking for is screening, so that -- that on your probably chain link you can put slating in it to provide the screening, so -- White: At what point, ma'am? All of the south chain link fence? De Weerd: No. I just think along the front of it, so it's screened from the street. Is that my understanding from Council? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: That -- that opens up the parking lot of -- can you hear me, Dean? De Weerd: Yes. Bird: Anyway, that -- that fence runs all along there in the parking lot. That -- you can see all the way back to the east end of his property on that. If you're going to -- you should slab the whole thing. My opinion that should be all undercover and -- I don't know, I -- I want to see us be able to work out a solution, so we can have it, but I've got a real problem -- you put a sign up, he puts firewood out for sale, his product is for sale. He wants to leave his sign in the front. How do you not -- how do you say it is a hobby and not a business and how do you not say it's a commercial piece of property? And if it's the only property in the city that we had to deal with these things, there would be no problem. But as sure -- I don't know. I don't know if our Planning and Zoning people or our attorneys can defend this or not. I mean I want to -- I don't want to see the guy have to give up his hobby, but at the same token I don't want to see us setting something out there that's going to come back to haunt us or haunt future councils. Baird: Madam Mayor? De Weerd: Mr. Baird. Baird: If I could engage in a discussion of our code's definition of a site obscuring fence. Bill over there is from the Planning Department and it's my understanding the slates do not meet that requirement. So, if it's appropriate you might want to hear from Bill Parsons on that. The other thing while I have the floor -- if the Council is inclined to grant the appeal, it would be my suggestion that you give staff direction to make specific findings, return with them in two weeks, so that staff in drafting those can listen to tonight's record. I'm not sure we have a meeting of the minds of what the expectations are at this point. So, as you work towards that direction that's what staff will be looking for. Thank you. Meridian City Council March 7, 2012 Page 21 of 55 De Weerd: That is what I was trying to accomplish. Bill, could you perhaps give some -- enlighten us on the fencing requirements and what exactly is being requested. I -- and I guess what I would like to address -- and I understand, you know, the fencing looking in from Ten Mile and to at least the driveway, I don't understand why the fencing across the driveway would have to be obscured. But if you could maybe help provide some clarity on that. Parsons: Be happy to, Madam Mayor, Members of the Council. Because this is an accumulation of recycled material, we do allow for storage of materials on property as an accessory use. Under that specific section of code it's clearly specified that the fencing should be six feet in height and a solid material and so we are looking -- as far as a planning standpoint and the code standpoint, Mr. White's fence would need to be six feet in height and either be wood or vinyl or some -- some type of solid material and also if it is supposed to be screening material, then, it can't be chain link with slats, like Mr. Baird had mentioned earlier. So, I think that was the direction to you, Mr. White, from my understanding is that you would put up a six foot fence and block some of that from view. De Weerd: Okay. So, Bill, does that include the enclosure that covers the pad to the garage? I -- the garage door? White: No. That will not be fenced. De Weerd: Okay. Parsons: Madam Mayor, Members of the Council, I think if he was to -- if he's going to keep it -- if he's going to move the junk -- excuse me -- the recycled material from outside of the fence and put it in the driveway, then, yes, he would need to screen that. If he was to just clean it up and, then, keep -- keep that stored in the driveway or just display his materials, I don't see why we would need to screen that. He's just displaying finished goods. He's not displaying raw material or his recycled materials for the neighbors to see. White: At what -- excuse me. At what point do you want this six foot fence located? I can see right -- I wish I could run the -- De Weerd: I guess, Mr. White, I will ask that staff meet with you to discuss those details, so we don't build the fence tonight, but you can -- you can kind of go over the details and make sure that we are all clear on what each other are agreeing to, so that when this does come back to Council there are no further questions. Does that seem reasonable? White: Sounds reasonable to me. De Weerd: Okay. So, at this point I believe that the City Council agrees that this is a nice sign that you have given us by your example, that the arbor does sufficiently Meridian City Council March 7, 2012 Page 22 of 55 connect the house to the garage. You will work the fence issues out with staff. Materials will be stored behind the fence and the removal of the sign from in front of your -- in front of the house, unless I'm hearing Council differently. I believe that was -- okay. And I know you -- White: There goes a landmark. De Weerd: -- are partial to that and you believe it is a landmark -- certainly not historical, because it hasn't been there long enough, but a landmark all the same, but because of the -- the residential designation that it -- that's not something that they can see fits within the allowed flexibility of what they are trying to accomplish here. So, the only remaining issue would be making sure to get details clear on the fencing and make sure we have a copy of the agreement for the access to the easement and parking is -- did I summarize that? Any further questions or topics that need further clarification? Zaremba: Madam Mayor? Rountree: I don't think so, Madam Mayor. De Weerd: Mr. Zaremba. Zaremba: Not to throw -- yes to all of that. De Weerd: Okay. Zaremba: If that's the direction that we are thinking of going. I missed part of the discussion last week, so, again, if I'm asking a question that was discussed, please, forgive me, but are there other alternatives? I mean could this property be rezoned to a mixed use -- we can't rezone it to commercial, because, then, you can't live in it and we are struggling with it neither being fish nor fowl, but is there a possibility that this one piece of property could be rezoned to mixed use and solve some of these problems and have both the residence and a commercial on the same property? De Weerd: Mr. Zaremba, at this point it's a timing issue. Zaremba: Yeah. I know. De Weerd: Finding something that can keep Mr. White in his hobby without that time lapse. I do think that next steps moving forward is it would -- it would be good for a discussion on these transitional uses and what we can look at longer term, because I don't imagine this will be the only property in -- in the city that might have these kind of issues, in particular as we started getting closer to that neighborhood level commercial and how that might impact other out -parcels similar to this. So, we would want to have further discussion on that. Okay. So, thank you, Mr. White, for being here again and I guess I will ask, Bill, if you will be responsible for the follow up and setting up an Meridian City Council March 7, 2012 Page 23 of 55 appointment for Mr. White to go over the remaining details, so we can bring back findings for staff to -- or for Council to accept. Is next week too soon? Next week is a workshop, but if it's available and there is agreement on all sides, it could be put on the agenda. Baird: Madam Mayor, we do want to set it for a date certain and Bill Parsons is shaking his head that he thinks it's possible. We can certainly shoot for that. Let's -- in your motion you can move to set it to that date and if staff needs another week we will report to you at that time, but if we set it as a goal we will certainly try to meet that. I'm going to suggest that we come up with a map of the property designating the exact locations of certain types of fences, what will go where, where the firewood is and is not allowed, just so that there is no question about what -- what will be before you for approval. De Weerd: That would be great. Okay. Mr. Hoaglun. Hoaglun: Madam Mayor -- and assuming Mr. White would be available next week and everything gets worked out -- are you around, sir? White: I will make myself available. Hoaglun: And we work -- a workshop is an afternoon session, so we start at 3:00 o'clock, so -- White: I am retired. Hoaglun: Well, okay. My dad is retired, too, and he's busier now than he was I think when he was working. White: I don't know how I found time to go to work. Hoaglun: Madam Mayor, I would move that we continue AP 12-001 to our next meeting March 13th, 1012. Bird: Second. De Weerd: I have a motion and a second. Any discussion? Rountree: Madam Mayor, did the maker of the motion intend to have draft -- coordinate with Mr. White and prepare a draft findings for our consideration? Hoaglun: Yes. That -- as we discussed that staff would work with Mr. White and, then, there would be Findings of Fact and maps available and, hopefully, an agreement that can be presented to the Council. Rountree: Thank you. Meridian City Council March 7, 2012 Page 24 of 55 De Weerd: Okay. All those in favor of the motion say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. White: Can I say aye? De Weerd: Absolutely. White: Thank you very much. B. Discussion and Action on Transfer of Franchise Agreement to Perform Solid Waste Collection and Disposal Services From Sanitary Services Company to Republic Services De Weerd: Okay. Under 10-B we have a discussion and action on the transfer of a franchise agreement. Mr. Baird, are you commenting on this? Baird: Madam Mayor, my understanding that Mr. Sedlacek is here, along with a representative of the company to assume the franchise. We also have a resolution that approves the transfer of the agreement, which is a necessary component of the due diligence for the purchaser of the business. I think it would be appropriate to have Mr. Sedlacek and his guest come up and make that presentation with regard to Item B before you move -- and, then, move on to Item C if all your questions have been answered. De Weerd: Okay. Thank you. Steve. Sedlacek: Madam Mayor, Members of the Council, we have discussed this issue with you in the past -- or recently a couple weeks ago. I wasn't actually prepared to speak tonight about this topic. We certainly can answer any questions you might have. The issue at hand is we would like to exercise our ability to transfer the franchise agreement from Sanitary Services to Republic Services and in so doing we would have the opportunity to construct a MERF at our transfer station and -- well, add jobs and this capability into the valley, which is something that we need to do. That's the short summary I suppose. De Weerd: Okay. Bird: I have none. Hoaglun: Madam Mayor, just a comment. It's difficult to see you go, I mean in terms of the service that SSC has provided to the city. Certainly Republic is a well known reputable company, I know they will serve our residents well, but, Steve, for you and your employees at SSC have been great to work with. There are times when we have ideas, you have ideas, and we just do it and we don't get those -- we don't even put Meridian City Council March 7, 2012 Page 25 of 55 those in writing, because we know it's going to happen and that's been great and, like I said, we don't want to -- we can't stand between you and a business transaction, but we want to make sure what our residents are going to receive is quality service and we are glad to see that Republic has a good reputation out there in providing service in the valley already and we are excited about the other opportunities that you're looking at and moving forward with out there and bringing jobs to our community with some activity in recycling, so it's just -- it's bitter sweet, I guess, is the word I'm looking for. So, we really enjoyed working with you. I know I have and the things that you have done for this community, so -- Sedlacek: Well, Madam Mayor, Members of the Council and Councilman Hoaglun, this isn't my obituary. I mean I'm going to be around and working and, you know -- De Weerd: Well, most people don't even get to hear that, Steve, so -- Well, I appreciate your support, you know, Sanitary Service has been in the city since 1948, right after World War II and, you know, it has had multiple owners and we have had changes and now those changes were necessary and they improved things. It -- I think -- I hope that those changes made things better and I think this will also,. You know, you have to -- we have to figure out a way to grow and provide things that cost a lot of capital, you .know, our business is different than it used to be and it's a highly capital intensive business, it's a utility, and so how you keep that personal touch, but bring in all the horsepower of a larger firm and that's -- I think that's what this does and I think the citizens will be well served by this. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Just a little add on to Councilman Hoaglun. You know, Steve, I think the biggest thing that I can say about you guys is you give -- you give so much back to the community. I mean you came to us with ideas that -- that -- that we had no way of knowing about or anything and gave back out of your profits to the community and I -- I believe Republic has probably got that same reputation, but I can't thank you and your staff enough for everything you have done and given to this community. Sedlacek: Thanks. Bird: I appreciate it. De Weerd: Well, Councilman Rountree, I believe this was discussed at SWAC and -- Rountree: Yes, it was, Madam Mayor. SWAC was -- they expressed the same thing that we all expressed when we first heard about it, the loss of the relationship between SSC and the community and Steve in particular, we have kind of grown together and I second what Councilman Bird said about the generosity of their company and their Meridian City Council March 7, 2012 Page 26 of 55 employees. They are at every function within the city, they donate their time, they donate their services, they pump back tens of thousands of dollars in recycle funds into the community, which is just unheard of and it's my understanding that relationship will continue, which, actually, raises a question I had with the material we have before us, but I guess we can do that with the next item. But we have heard what's going to go on, we have seen what's going to go on, I think it's going to be great for the region that we have a facility like this in the region that can minimize the amount of stuff we stick in the ground and recycle that material that can be reused in a facility that's a commercial facility that's designed to do it. Zaremba: Madam Mayor, I wish to add my appreciation as well. You know, it's part of our growing pains as a city and as businesses that things do change as the horizon gets bigger and bigger and I can see that there is some very fine opportunities in this for everybody, for you, for Republic, for our citizens and it's a pleasant and painful next step, but the opportunity to increase the service, to have a recycling center right here so that we have cut down on trucks going hundreds of miles to get that service done. It improves our transportation, it improves our air quality again, it does all sorts of good things not to have to go somewhere else and to actually have people coming here. So, I see it as a wonderful opportunity, I'm glad you're still personally going to be involved in it and appreciate you being here. Sedlacek: Thank you. And Madam Mayor, Members of the Council, it is -- you can't stand in the way of those good things, you know, you have to -- you have to at some point say, yes, we do need to have that and so the consequences sometimes you have to do things you don't want to do, so -- that's okay. De Weerd: Well, I would I guess agree with everything that's been said and I know this -- this transfer of ownership is a little bit different than it was when it was last transferred, because things are very positive, a positive relationship and, Steve, I know you have looked for -- in the best interest of your employees and the future of this service that you have committed to over the last number of years to our citizens, it's been exemplary, you have made sure that many of our citizens will not even notice the transfer of ownership, because they will still have the same personnel, the same trucks -- eventually it might turn into a blue one -- eventually. Disgusting. Bird: Nothing wrong with that. De Weerd: But I appreciate as Republic has looked at the relationship that SSC has had with the City of Meridian that you see what we value and the relationship we have with this company. They are more than just a contractor, they are part of our city family and we appreciate that. They take the same pride in ownership that our employees take in providing quality care to our customers and we expect that to continue to happen under this new partnership. So, I know, Steve, you didn't go into this taking it lightly. I'm glad that you will continue to be involved in and we will continue to have an excellent working relationship with you. Meridian City Council March 7, 2012 Page 27 of 55 Sedlacek: Thank you. I think that's true. We will have a great relationship still. De Weerd: Okay. Anything further on this item? Sedlacek: Any questions for Republic? De Weerd: Republic -- would you like to make any comment? Thank you for being here. Fisher: Mayor and Members of Council, my name is Dave Fisher and I'm the general manager for Republic Services in Idaho and, you know, as I have told Steve and his folks that work with him, we don't buy bad companies and we were really looking for a great partnership between two great companies to come together to really enhance this community and we are -- so, we are very very excited about this. A little bit about my background. I was born in Boise, went to Boise State University, left the area for a few years out of school. I came back in the mid '80s, moved to Meridian, and went to work for BFI, the blue guys in Boise, Nampa, and Caldwell. I worked here for nine years and, then, went to work for Allied Waste in Arizona and sold our home here in Meridian and, then, I worked in Nevada, Arizona, some in California and Utah before moving back here when Allied Waste actually became BFI. So, I'm very excited to be back in Meridian. Family goes back a long ways here on both me and my wife's side and I'm excited to be able to service the citizens here and I have a personal vision of what I want to see in our valley and several years ago when we were being -- looking down the gun barrel of five dollar a gallon diesel fuel we decided to go out and make a change and since, then, we have been able to bring natural gas trucks into the valley and we are -- and that fuel is available to the public, too. Actually, Valley Ride is using it and we are selling it to Valley Ride over in the Nampa location as a way that they can afford to even run buses in Nampa and Caldwell. So, we are excited to work with the people in the community. The next thing after that is really looked at how do we move from low teens to over 40 percent recycling. That's my personal goal and kind of my challenge that I gave to my team a couple of years ago and what we found was that we didn't have the facilities to be able to do that. We couldn't really get more people to just participate, we have to dive into the waste stream and mine it out before it goes to the landfill and Steve had that same vision and -- but we both realized that it was going to take, you know, just about everything we had here in the valley to be able to do this, because you got to have economies of scale, so that's where this discussion started and I couldn't be happier with the outcome. I'm excited to be able to work with Steve and everything that we thought was good about the company, that we thought, you know, being your neighbor, we are finding is true. So, we are really excited to be involved and I'll stand for any questions if you have any. De Weerd: Well, Dave, I think that kind of goes above and beyond to make sure that whoever is picking up your garbage you go ahead and buy it. I will say that your COO had mentioned that you do vehicle wraps, so perhaps instead of blue vehicles when you have to transfer in you just vehicle wrap them, rather than blue ones. Still we will Meridian City Council March 7, 2012 Page 28 of 55 -- anyway, this Mayor will go kicking and screaming to make sure that we keep that Meridian identity, which we kind of enjoy here. Fisher: Absolutely. We'd love to do that. De Weerd: And as you talk about diving in, I'm not sure if that's really the right term to talk about diving -- Zaremba: Quite an image. De Weerd: I know. Uh. But it's always been a goal and I think we have taken great pride that generally the Meridian community has had a higher participation in recycling and to continue to grow that and see more and more participation, making it more customer friendly and easier for our residents to participate and our businesses to participate in that recycling. That's exciting. Fisher: It is. We are really pushing forward in one community here in the valley this summer -- by the end of this summer every business in that city will be recycling and that's -- we want to bring that same thoughts and work that out here in Meridian, too. So, we are adding 4,000 commercial recycling customers this summer and we will be in here talking to you about how do we do that in a way that promotes the businesses and makes them more competitive. That's -- that's my purpose is I want to have a very very competitive valley that draws people away from Portland and Seattle, they can come here, feel like the environmental issues are being handled properly, but we can be very very competitive as a community and that will help us thrive for everyone. My goal is to be able to have my great grandchildren be able to have jobs here in the valley and not have to move away, so -- De Weerd: Well -- and by doing this you are adding jobs and those will be value added and certainly where you can reduce a company's bottom line expense in accomplishing that, that's -- that's fantastic as well. Counsel, any comments? Any questions for Dave? Just, Madam Mayor, real quick. Dave, glad that you guys are coming on board. As you can tell from comments by Mayor and Council you have big shoes to fill. Fisher: I see that. Size 12. Hoaglun: But as heard -- size 12. Water skis. Wow. It's about the relationship and the partnership. It's more than just a contract and that's what we have enjoyed with Steve and, you know, from talking to people who you service, it sounds like you guys do a good job with that as well. It is a partnership. So, we look forward to working with you in the years ahead the ideas that you bring to the table and everything else that -- and with the activity that Steve is going to be doing, we think there is -- it is exciting. Very exciting. So, thank you. Fisher: Thank you. Meridian City Council March 7, 2012 Page 29 of 55 C. Resolution No. 12-844: A Resolution Approving the Transfer of the Franchise Agreement to Perform Solid Waste Collection and Disposal Services from Sanitary Services Corporation, Inc. to Republic Services De Weerd: Thank you. Okay. We will move to Item C, which is Resolution 12-844. Council. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I have a question on the resolution. It refers to Exhibit A and one of the things we have had in the discussion in the transfer is that there be a -- some kind of a memorial of those things that SSC does that's not included in the -- in the agreement that will be carried forward and I can't find it in my packet. Holman: Madam Mayor? De Weerd: Yes. Holman: Madam Mayor, Council Members, Councilman Rountree, I have it in my packet. Somehow we didn't scan it in, so that was an error on the clerk's part. Would you like me to go make copies? Rountree: You know, I'd like to -- I don't have a problem doing the resolution and we can make a motion that upon review of that it's passed, but I'd like to see it to make sure we haven't missed something. Bird: Yeah. Holman: Want me to make -- I can make copies real quick. De Weerd: Okay. Council, shall I move to the next item and we will just come back to this. Rountree: Yeah. That would be great. D. Public Hearing: TEC 12-002 Centrepointe Subdivision No. 2 (North) by Blue Marlin Investments, LLC Located West Side of N. Eagle Road, Approximately 1/4 Mile North of E. Ustick Road Request: Two Year (2) Time Extension on the Preliminary Plat De Weerd: Okay. Item D is a public hearing on TEC 12-002. 1 will open the public hearing with staff comments. Meridian City Council March 7, 2012 Page 30 of 55 Parsons: Thank you, Madam Mayor, Members of the Council. Before you this evening is a time extension for two years. This project is Centrepointe No. 2. In fact, this was before you in 2006. The site consists of 18.7 acres and the plat is approximately -- is 14 building lots. If approved tonight this extension would extend that plat until February 27th, 2014. Back in November Council did approve some new surety requirements that were made part of the UDC that this project was not required to comply with back in the day and since this is a time extension and Council has the authority to grant additional conditions with the time extension, staff has included those two new provisions in the time extension request. The applicant has received those changes. He's in agreement with that. And so before you this evening staff has no knowledge of any outstanding issues before you and with that I would be open to any questions you may have. De Weerd: Thank you, Bill. Council, any questions? Bird: I have none. De Weerd: Does the applicant have any comment? Good evening. Seal: Madam Mayor, Members of the Council, Jonathan Seal, W.H. Moore Company, 1940 Bonito, Meridian. De Weerd: Thank you. Seal: I have no comments. I think as Bill said we are just asking for an extension, because I think as we are all aware, the economy hasn't exactly been real favorable and I think with that, unless you have any questions, just ask you to approve it. De Weerd: Any questions? Bird: I have none. Rountree: I have none. Seal: Okay. Thank you very much. Bird: Madam Mayor? De Weerd: This is a public hearing. Is there anyone who would like to provide testimony on this item? Okay. Mr. Bird. Bird: Madam Mayor, I move we close the public hearing on TEC 12-002. Rountree: Second. Meridian City Council March 7, 2012 Page 31 of 55 De Weerd: I have a motion and a second to close the public hearing. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve TEC 12-002. Rountree: Second. De Weerd: I have a motion and a second to approve TEC 12-002 allowing for the time extension. I will call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. E. Public Hearing: RZ 11-007 Accolade Apartments by Gramercy, LLC Located South of E. Overland Road and West of S. Bonito Way, Between E. Blue Horizon Drive and the Ridenbaugh Canal Request: Rezone of 12.29 Acres of Land from an R-15 (Medium High -Density Residential), a TN -C (Traditional Neighborhood Commercial) and a C -G (General Retail and Service Commercial) Zone to an R-40 (High - Density Residential) Zone Approved F. Public Hearing: PP 11-014 Accolade Apartments by Gramercy, LLC Located South of E. Overland Road and West of S. Bonito Way, Between E. Blue Horizon Drive and the Ridenbaugh Canal Request: Preliminary Plat Approval of Two (2) Residential Lots and Two (2) Common Lots on 17.12 Acres in an Existing R-15 and Proposed R-40 Zoning Districts Approved G. Public Hearing: CUP 11-010 Accolade Apartments by Gramercy, LLC Located South of E. Overland Road and West of S. Bonito Way, Between E. Blue Horizon Drive and the Ridenbaugh Canal Request: Conditional Use Permit for 264 Multi -Family Dwelling Units on Approximately 11.53 Acres in a Proposed R-40 Zoning District Approved Meridian City Council March 7, 2012 Page 32 of 55 H. Public Hearing: MDA 11-013 Accolade Apartments by Gramercy, LLC Located South of E. Overland Road and West of S. Bonito Way Between E. Blue Horizon Drive and the Ridenbaugh Canal Request: Amend the Recorded Development Agreement (Inst. #106141056) for the Purpose of Excluding the Property AND Creating a new Development Agreement for the Proposed Accolade Apartments De Weerd: We will go ahead and move to the next items on our agenda, Item 10-E, F, G and H and we will open the public hearings on RZ 11-007, PP 11-014, CUP 11-010 and MDA 11-013. I will ask for staff comments at this time. Parsons: Thank you, Madam Mayor. As you stated the applications before you this evening is a rezone, a preliminary plat, a Conditional Use Permit and a development agreement modification to develop a 264 unit family development. The subject site is located south of Overland Road, west of South Bonito Way and it's located between East Blue Horizon Drive and the Ridenbaugh Canal. Current zoning on the property three commercial lots are zoned C -G. There is a small portion zoned TN -R and the remainder is zoned R-15. Here is an aerial of the site. It currently sits vacant. Surrounding this property is commercial to the north and to the east and, then, also a small portion along the northwest corner and, then, along the west boundary we have an existing 48 family -- multi -family -- 48 unit multi -family development and to the south will be vacant lot and, then, Thousand Springs Subdivision and, then, there is also three -- excuse me -- 14 single family detached homes that are constructed along the southeast corner that I have highlighted here. Here is the original concept plan that was presented to you back in 2006. The vision for this property did include multi -family development and the location for that multi -family development was in the four corners of the project and also centrally located. At the time that the applicant presented this to you it wasn't clear on the amount of density that was going to be proposed there or the number of units planned for that multi -family development. So, with that the applicant has come back before you this evening, going ahead moving forward and planning to rezone a portion of the property, which is approximately 12.29 acres and that's the larger lot here that you see that's on the plat and a five acre lot here will remain zoned R-15. Both of these lots do conform to the dimensional standards of the R-40 zone and the R-15 zone. Here is the site plan the applicant is proposing this evening. It contains 12 three story multi -family buildings. The product mix would be two four-plexes and the rest will be ten eight-plexes. Again, the density for this project is 23.6 units to the acre. With the requested R-4 zoning that they are requesting this evening, this is far below what's allowed and also I would mention to Council that these structures will not exceed 30 feet in height. So, as part of the DA provision before you this evening this density and that height restriction is tied to the proposed DA provisions that we will be discussing later in the presentation. Amenities for this site include a swimming pool, two tot lots, walking paths, rec facility and also a sitting pergola area. I would point out to Council that the development of this site will be done in two phases. The applicants are proposing to break it into a north phase and a southern phase and that line goes right through this parking area here, so six buildings Meridian City Council March 7, 2012 Page 33 of 55 are planned to be constructed with phase one and six buildings will be constructed with phase two. I would mention to Council that the proposed multi -family development does comply with the multi -family standards contained in the Unified Development Code. I would also let Council know that the applicant -- given the concerns from the neighbor, the applicant is proposing access to come from East Blue Horizon Drive, so the majority -- or all of the traffic is planned from that street that connects to the commercial portion here. Nothing should be entering or exiting the single family portion of Gramercy No. 1. The applicant did that intentionally to address some of the neighbor's concerns. The applicant has also -- if I can move to the landscape plan, the applicant's also providing sufficient open space and amenities consistent with the UDC and particularly -- in particular two concerns with the neighbors the applicant has provided a denser buffer along the southern boundary and also the southwest boundary and those were commitments that they provided to the neighbors when they were working through the planning process in the neighborhood meetings. I'd also move to these elevations. It is a contemporary style, so there will be a mix of building materials, looking a corrugated metal, stucco and hardy board siding and also the clubhouse and the proposed garages will also be designed and built with the same construction materials and, then, here is the rendering for the clubhouse. Again, you can see that there is a mix of materials on that as well. And in moving forward, because this project does differ substantially from the previous concept plan I just showed you, the applicant is proposing to modify that DA and these are the provisions that I am presenting to you tonight that basically ties them to their density and their amenities. The application substantially complies with the elevations and the landscape plan before you this evening. Maximum building height is at 35 feet and that number is consistent with other residential zones, like the R-2, the R-4 and the R-8 zones. Also one concern and some things that have come to staff's attention with these multi -family products -- or projects is what's happening is the different property managing companies operating each different unit, so what's happening is one -- one building may be subject to some different requirements than the other. So, with this DA provision we wanted to make it clear to the applicant that if you actually sell these buildings we want it understood that it's one property management company that runs the whole development, not separate entities. So, that's what we have done there. Also because the garage spaces are part of the required parking for the development we wanted to make sure that folks aren't storing boats or any other miscellaneous items on the site. It is meant for the vehicle storage for the tenants and the residents. Also given the concerns from the neighbors, if they wanted to limit the traffic through the subdivision, staff has conditioned the applicant or DA provision here to have them provide connectivity through the multi -family site, so with the final plat on the property they will have to submit a private street application and at that point staff will be looking for an easement depicted on the plat showing connectivity to that five acre parcel and, then, also hearing the concerns from the neighbor we are proposing a DA provision that that landscape -- the perimeter landscaping be installed with phase one and it be installed as presented to you this evening with the denser landscaping happening at the southern and southern most boundaries. Planning and Zoning Commission did recommend approval of the project with no modifications at their February 2nd hearing. There were a number of folks that testified in opposition, both in writing and verbally. Meridian City Council March 7, 2012 Page 34 of 55 Most of those concerns dealt with traffic density, increased crime, lighting, denser landscaping, increased foot traffic through their surrounding neighborhoods and, of course, many folks wanted the applicant to design it in accordance with the original concept plan. The Commission took that under advisement. What they saw and what staff presented to them seemed to fit and addressed the neighbors' concerns. So, again, the Commission did forward this recommendation onto you without any modifications to the DA provisions or conditions of approval. Key items of discussion by the Commission were really nothing too significant. Again, no changes were made by Commission. Staff has not received any additional testimony since the Planning and Zoning Commission hearing and to staffs knowledge there aren't any outstanding issues before you this evening and with that I'd be happy to answer any questions you may have. De Weerd: Thank you, Bill. Any questions from Council at this point? Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: Bill, under Item G it talks about a wrought iron fencing that's on the southern boundary. Is there not a fence there now for those single family homes or -- Parsons: Madam Mayor, President Hoaglun, the concession to the adjacent neighbors in Thousand Springs would be that the application would construct a wrought iron fence along the southern boundary and the southern most boundary, not along the entire project boundary. So, right now, no, it's a vacant dirt mound on the property. There is nothing there yet. Hoaglun: And it was the residents' request to have wrought iron, as opposed to a solid -- solid fence. Parsons: To my knowledge that is correct Hoaglun: Okay. Thank you. De Weerd: Bill, is that up against the canal? Parsons: Madam Mayor, Councilmen, no, it does not. The application -- the applicant has worked with the neighbors to shift the whole project farther north, so it's more surrounded by the -- a canal or the commercial property, so if I can just go back up to the aerial here. So, basically, what I have highlighted on this aerial shows where the multi -family development will be located and this at some point may be a nursing care facility, but it's yet to be determined. It will remain R-15. De Weerd: Okay. Thank you Meridian City Council March 7, 2012 Page 35 of 55 Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Every time somebody has a maximum height I have to ask the same question, because I either forget or I don't understand. Maximum height doesn't necessarily mean that there will be no -- there will be nothing higher than that. If it were peaked roofs it's measured from someplace other than the peak or these don't appear to be peaked roofs, but remind me again how maximum height is measured and what can end up above that. Parsons: Madam Mayor, Councilman Zaremba, you're correct, if it has a pitched roof the way the Unified Development Code reads it's -- basically you measure from the ground to mid point of the roof and that's your height and that's how it's defined in the building code. For these particular -- this contemporary style there really won't be any pitched roof, it's -- it's a flat roof, so, basically, it's measured to that parapet or whatever that roof line is for that structure. So, the drawings that I received from the applicant it did -- it's a little over 30 feet. So, it's right in there. So, we figured given 30 feet -- 35 feet, a little wiggle room there consistent with the other zones and they can fall within that. And I would point -- like to mention to Council that the scale of these buildings is similar to what's constructed out there with the 48 unit multi -family development as far as scale and height, because that is a pitched roof and I think that's sitting 33 -- 32, 33 feet. So, it's pretty consistent. Zaremba: Sorry, I will probably ask that question again the next time, but I understand it at the moment. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Bill, when you went through the DA changes, the Item A change, I thought when you gave us the description you said there would be two tot lots, but this only refers to a tot lot. Parsons: Yeah. I had it worded as a playground and a tot lot. So, one will be for -- one area will be for larger kids and the little play area will probably be for the smaller children. Rountree: All right. Item E. You used the vehicle parking. What -- what do you mean by vehicle? Personal automobile? Parsons: Councilman Rountree, that is correct. Rountree: A boat's a vehicle. Meridian City Council March 7, 2012 Page 36 of 55 Parsons: Correct. We can tweak that language if you want to say automobile. Rountree: If that's your intent, then, let's say it. Parsons: It is for automobile -- automobile parking, yes. Rountree: Okay. De Weerd: Okay. Anything further from Council? Bird: I have none. Rountree: Not at the moment. De Weerd: Would the applicant like to make comment? Good evening. Thornton: Madam Mayor, Members of Council, my name is Robert Thornton, at 220 North 10th Street in Boise, Idaho. I'm with Carver Thornton Young Architects. De Weerd: Thank you. Thornton: I guess we'd like to add one or two points to what Bill has already pointed out. The clubhouse is going to be a part of phase one, the northerly portion of the development and the vast majority of site amenities will be in place during phase one, as well as all of the perimeter plantings that go down the east and west sides of the property and across the southern property line. We are in agreement with all the staff facts and findings and requirements of staff. De Weerd: Thank you. Council, any questions for the applicant? Bird: I have none. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: You have stated that a vast majority of the amenities will be in phase one. What does that mean? Thornton: The tot lot, the gazebo, and that clubhouse will be all in phase one. The playground to other side of the street to the south is a part of phase two. Rountree: Swimming pool. Thornton: Swimming pool is a part of phase one. Meridian City Council March 7, 2012 Page 37 of 55 Rountree: Okay. Thank you. De Weerd: Okay. Anything further? Thornton: Thank you. De Weerd: I did have two people signed up. When I read your name if you would like to come forward and provide testimony I invite you to do so at that time. Gloria Fern signed up as neutral. Please come forward. Welcome. If you will, please, state your name and address for the record. Fern: Sure. Gloria Fern. 2660 East Green Canyon Drive in Meridian and I live in Thousand Springs. De Weerd: Thank you. Fern: Thank you. Madam Mayor and Members of the Council, I have a couple of things that I would like to address. The first thing being the landscaping. The trees on the south and the southwest side of the project, we -- I'm also talking on behalf of the Corey Barton homeowners and the Thousand Springs homeowners and we would like to ask for the -- the, trees to be just deciduous trees to be three inches in caliper, instead of two inches, which is bare minimum. On the conifers we would like them to be eight feet instead of six feet, which is the bare minimum. And we would also like to see the landscaping project start on day one of the construction when phase one starts. All of the landscaping to go in. I have -- I was told at some of the previous meetings that there would be no problem with enhancing the landscaping and having bigger trees, so we would like to see those bigger trees go in right at the start. One other issue that I would like to address is to make sure that the lighting -- the downward lighting would be subdued. I actually live directly on the -- I'm on the south side directly behind this project, so the lights are really a big issue also. So, we want to make sure that they are downward and subdued lighting. Again, I want to thank you for listening to me and all of us at both Corey Barton homeowners and Thousand Springs and I just wanted to make sure that this was on record and I also made the same request at the Planning and Zoning meeting on February 2"d' Thank you. De Weerd: Okay. Thank you very much. Also signed up was Larry Kovarik. Kovert. I'm sorry, I couldn't quite read the writing. And I couldn't guarantee I'd say it right anyway. Kovarik: Okay. My name is Larry Kovarik and I live at 2686 East Green Canyon Drive. Madam Mayor and Council Members, I guess tonight was not the right night to talk about this project, because your opening discussion tonight was with HUD and how they talked about your -- the city's lack of public transportation and in need of more apartments and -- and whatever the case may be. De Weerd: We didn't plan it that way. Meridian City Council March 7, 2012 Page 38 of 55 Kovarik: I have a funny feeling you did, but, anyway, first of all I need to commend Bill Parsons, Greg Johnson, Taylor Merrill and Rob Thornton and Becky McKay all sitting there in the back, owner -developer, his project manager and the architects, for sitting down and discussing some of the issues that the neighbors had, those being Thousands Springs and if you call Corey Barton Homes, that's the homes -- 13 residences that are in that area. I need to say in my opinion, before I go any further forward, that I have only lived here two and a half years and I pretty much like it here in Meridian. I came from Ruidoso, New Mexico, I -- in 2009 1 headed up -- I started in San Diego, went all the way up to Seattle, went over to Coeur d'Alene and started my way down through here and this is where I ended up at and I really like it here in Meridian, I like the people, I like the modernness, I like the affordability. I don't like July and August. It's too hot. And I'm not in favor of this administration's plan to increase population density for public transportation. I'm not opposed to public transportation. I graduated in 1971 with a degree engineering and minor in city planning and public transportation, urban geography, so public transportation has been part of my lifetime. I have worked for the auto industry. I am -- I am I guess adamantly opposed to increase in density by means of rubber stamping apartments in Meridian. I don't think that's the right thing to do and I just -- I just don't feel comfortable with it. However, knowing that this is -- this administration's agenda, their vision, three of you in November ran on your ballots and I believe the number -- the first and foremost thing on your ballot was public transportation in Meridian, when we will see it happen. I guess you're going to continue to go forward doing whatever necessary to make that happen, but I -- once again I do want to commend the folks from Gramercy for sitting down with the residents and coming to some resolution to what we want to do. Bill, I have got a question for you. We talked earlier today about that downward lighting and being subdued and I don't see it listed here tonight. I guess I got to ask why. De Weerd: If you will direct your questions through me. Kovarik: Okay. De Weerd: I certainly will ask Bill to address that. Kovarik: Okay. One of the issues that we were -- we had a concern with was that downward subdued lighting and I guess that we were assured that that was going to be part of the conditional use or whatever to build the project and I see it missing on the board. Secondly, we still do have a disagreement on the size of the trees. The residents of both Corey Barton Homes and Thousand Springs would like to see three inch deciduous trees planted in the beginning, along with eight foot conifers. De Weerd: Ms. Fern had brought that up -- Kovarik: That's correct. De Weerd: -- but we will ask the applicant. Meridian City Council March 7, 2012 Page 39 of 55 Kovarik: And I'm just reiterating that. De Weerd: Okay. Kovarik: Other than that I -- I can't say that I'm happy about it, but I totally -- I do support what the gentlemen back here are proposing to do and, hopefully, they will be a good neighbor. Thank you. De Weerd: Thank you. Council, any questions? Okay. Rountree: I have none. Zaremba: Not really a question, but -- and maybe Bill will clarify this, but I -- I think the reason the downward lighting isn't called out separately is that it's already a part of our ordinance and they have to do that anyhow. Am I correct about that? Parsons: Madam Mayor, Members of the Council, you are correct. But there is a condition under the Conditional Use Permit in the staff report that says they will downshield it and not impact the single family residences, so it is addressed in the conditions of approval. De Weerd: Okay. And did the Planning and Zoning Commission make any specific recommendation on caliper and height of the additional landscaping? Parsons: Madam Mayor, Members of the Council, they did not. De Weerd: Okay. Well, we will ask the applicant for -- and, you know, elections are over, so I just will say you didn't see public transportation on any of my literature, I can guarantee you. But this -- this project has been approved for high density and being someone that lived in high density apartments until I was 35 1 certainly am looking at some of the testimony -- take issue to those kind of people that live in apartments, because I was one of them. People, as a community, it is our responsibility to offer choices of housing and we take that responsibility very serious. This was part of the original approval -- is this was a mixed area, anyone in the Corey Barton Homes knew what was planned in this area I would imagine and you moving here two and a half years ago probably were not part of -- of the process when this first came through, so I can understand why you didn't know about it at that time. But we have a great deal of single family housing all across our community and we do need a balance and that balance does belong in areas that have better infrastructure that can accommodate future public transportation, because not everyone drives a car. So, I guess as we look at a full service community we have to understand that not everyone -- I live on almost a half an acre. I like my land and I like my yard and I like all of that, but that doesn't mean everyone does and so we do have to accommodate more than what we personally believe. So, I -- for the record I will tell you that I did not have any of that on my literature and I can't answer for the two council candidates, but I will at least address my own -- my own feeling on that. Does the applicant have any response? Meridian City Council March 7, 2012 Page 40 of 55 We would certainly like to hear from you on the landscaping and -- thank you. If you will just restate your name for the record. Thornton: Okay. Madam Mayor, Members of the Council, my name is Robert Thornton, I'm the architect of the development. Before I would go any further I would really like to -- to thank Larry and Gloria. Larry Kovarik and Gloria Fern for spending so much time working with us on this -- on this project. The neighbors were very concerned initially. What we had come to the neighbors and Planning and Zoning with was a development that was 400 feet further to the south than where this is now, so it was on that five acre parcel to the south. The neighbors had a number of very real concerns and we addressed them. We were concerned as well and it made so much sense to move the development to the north where we could access to a much more public street and have the ability to, essentially, keep all of our vehicular and pedestrian traffic away from the single family portion of the development. We did work with them on creating much higher density along the southern property line with a much higher content of conifers than is typical in the development. We are building -- or are creating that landscape buffer and the fence buffer at phase one. So, while the trees will be, essentially at two inch nominal caliper when they go in, by the time we do get to phase two they will be significantly larger already. Another thing that Mr. Johnson our client had pointed out to me is that we opted for a higher density of trees -- of conifers, rather than a larger scale tree. When you put in the bigger trees they are going to be a little further apart when you first plant them and the major concern that we had, particularly from the Corey Barton homeowners, was that you will be able to see under and between those trees. If we go to a larger caliper deciduous tree, the deciduous trees don't really screen as well as the conifers do, but if we do have the six foot conifers we do have them fairly close together, we are going to have the kind of density that we really need to get when they planted and by the time phase two of the development does come in they will be much taller and we may actually have to start thinning some trees at that point because of the growth of those trees. De Weerd: And when -- is it at first the building permit the landscape goes in? When does that go in? Parsons: Madam Mayor, Members of the Council, that is correct. They would -- with their submission of their certificate of zoning compliance or their building permit we would be looking at a landscape plan that shows that whole perimeter and, then, they would not get certificate of occupancy until that was completed. De Weerd: Okay. So, on occupancy, not on building permit? Parsons: That is correct. De Weerd: Okay. Hoaglun: Madam Mayor? Meridian City Council March 7, 2012 Page 41 of 55 De Weerd: Mr. Hoaglun. Hoaglun: Just to comment on that. Yeah. I'm concerned about if they put it in too soon -- I mean having access to water -- you don't want to have landscaping in and have it die and -- that's a big problem. I mean I want to make sure this stuff thrives and as they said grows the buffer that they want to have, because that is important to them, so -- Thornton: That's a very good point. Yeah. It's such a -- it's a very large investment, especially for putting this much in on the phase two portion. I don't think my client really would want their landscaping materials to start dying in the next year or two after they went in. De Weerd: Kind of counter productive. Thornton: Yes. Hoaglun: I would like to see it as soon as practical. I mean that's -- to get that stuff growing and providing that screen and that buffer. So, it would be a good thing. De Weerd: Any follow-up questions from Council? Okay. Okay. Thank you. Thornton: Thank you. De Weerd: Council, anything further for staff? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Bill, on the graphic you have up on the screen on the southern end, mid lot, is that a point of access or is that halfway or just what is that? Parsons: Madam Mayor, Members of the Council, that is correct. That's that cross - access that I was referencing. This will be a private street through here and it will stub there in that -- what will be the primary access for the nursing care facility if it goes in. Rountree: Thank you. Parsons: Yes. Hoaglun: Madam Mayor, Bill, I thought in my reading there was one more access that was going to be emergency access. Where is that located? If you could point that out for me. Meridian City Council March 7, 2012 Page 42 of 55 Parsons: Madam Mayor, Members of the Council, Council President Hoaglun, there is two ways we can work it. Right now we have a condition that they just provide a secondary access here and bollard it and leave the landscaping in and the fire department is okay. If it's your discretion to remove that certainly this connection here that we already have stubbed could serve as the -- the emergency access as well for fire department. But the applicant was willing to go here and fire and police were definitely looking for a third -- third point of access given the close proximity to these two. Hoaglun: Okay. Thank you. De Weerd: Anything else, Council? Bird: I have none. De Weerd: Well, I would await for your direction on these items. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve -- actually, question first. De Weerd: We would need to close the public hearing after -- Rountree: We have to close the public hearing, but -- sequence items, all at once? One at a time? Baird: Madam Mayor, Council Member Rountree, you can certainly close the public hearing all at once, but my suggestion, as tedious as it may seem, to approve them one by one, because they do flow from one another. Rountree: Deny them -- one or the other. Baird: Yeah. Rountree: Okay. Madam Mayor, I move that we close the public hearings on Items E, F, G and H. Hoaglun: Second. De Weerd: I have a motion and a second to close the public hearings on Items 10-E, F, G and H. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Meridian City Council March 7, 2012 Page 43 of 55 De Weerd: We will take 10-E. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve Item 10-E, RZ 11-007, subject to staff comments and their clarification of the downward subdued lighting in the ordinance and that added to the development agreement that the size of the conifer trees to be planted in their southern boundary be a minimum of eight feet. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: He read by mind. Second. De Weerd: Okay. I have a motion and a second. Any discussion on Item 10-E? Madam Clerk, will you, please, call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. De Weerd: Item 10-F. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve Item 10-F, PP 11-014. Hoaglun: Second. De Weerd: I have a motion and a second to approve Item 10-F. Any discussion on this item? Madam Clerk. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. De Weerd: 10-G. Meridian City Council March 7, 2012 Page 44 of 55 Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve the Conditional Use Permit for 11-010, subject to staff's conditions and agreement from the applicant. Hoaglun: Second. De Weerd: We have a motion and a second to approve Item 10-G on CUP 11-010. Any discussion on this item? Hearing none, Madam Clerk. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. MOTION CARRIED: ALL AYES. De Weerd: And the last Item 10-H. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve Item 10-H, MDA 11-013. Hoaglun: Second. De Weerd: I have a motion and a second to approve Item 10-H. Seeing no discussion, Madam Clerk. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. De Weerd: We will move to Item 11-A under Department Reports and -- Bird: Wait a minute. De Weerd: Yes. C. Resolution No. 12-844: A Resolution Approving the Transfer of the Franchise Agreement to Perform Solid Waste Collection and Disposal Services from Sanitary Services Corporation, Inc. to Republic Services Meridian City Council March 7, 2012 Page 45 of 55 Bird: We need to go back to 11 -- or 10-C. De Weerd: Oh, yeah. I'm sorry. Council, you do have in front of you on Item 10-C Resolution 12-844. Three pages that detail out what was provided in terms of service to the city. On this it doesn't include some of those extra programs in terms of the hazardous waste collection and -- not that I can see. So, Councilman Rountree, are you looking for more information than what we have on here? Rountree: I believe this is an extensive list, Madam Mayor, but there is two that I don't see on here that are -- I think are pretty significant. One is the recycle program and the other is the one you mentioned. And I believe that those both should be included as part of this and certainly continued. De Weerd: And I guess in looking at exhibits in addition to the hazardous waste and the recycle program, just something that makes sure that we have the prices, the programs that -- that I know SWAC had worked with SSC on in terms of the fall and spring collections, the Christmas tree pickup, some of those additional programs just make sure that they are detailed out. Baird: Madam Mayor, Members of the Council, if the intention is to approve this resolution tonight, we need to amend this exhibit to include those items. Otherwise, we will have to bring it back. There has to be specificity as to what you're approving with the resolution. De Weerd: I would suggest to bring it back -- Bird: Amen. Baird: Yeah. I'm not sure what their timeline was, but from what I'm hearing it sounds like you're looking to pin down not just specific events and bin amounts, but the existence of important programs that need to be cataloged and listed specifically. De Weerd: I think it's important to assure the continuation of those programs that they are included in this resolution. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I might add one more subject to the list and I'm not sure quite how to put it, but the role of SWAC probably is not identified in the original contract and somehow we need to understand that that's a commission that does give some direction to the city and to the contractor. Meridian City Council March 7, 2012 Page 46 of 55 Rountree: Oh. And I think that's a good point that they -- they have said they will continue to be an ex officio of SWAC, but it could be memorialized here that they will participate in SWAC. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I'm sure they will uphold it, but I'm like Councilman Rountree, I want to see it put in here. Rountree: Yeah. Bird: In the resolution. Then there is no question for either party to get confused De Weerd: So, Mr. Baird, if we can include all of those, make sure to run it by utility billing and maybe Mollie and the environmental division, just to make sure that we have remembered everything. Baird: And, Madam Mayor, I'm also going to recommend that, you know, instead of just saying recycle program, we need to list out what that is as it exists, what's important about it to maintain. Same with the spring and the fall and the holiday collections, the number of days, the fact that it's free of charge. So, you might even -- you might bring back a second exhibit, an Exhibit B, because this -- this first exhibit is more of just a spreadsheet of special collections. So, anyway, we will work out the details, but, yeah, I have made notes and we will check with both SWAC and our Public Works Department to get the details in front of you and make sure that it's scanned into the packet. De Weerd: Okay. Thank you very much. Then we will go ahead and ask that that be put on the Council agenda next week. Bird: On the 13th De Weerd: Okay. Mr. Attorney, we don't need a motion as such? Baird: No, it doesn't need to be a date specific, but our understanding is that you will see it on your next agenda. Item 11: Continued Department Reports A. Police Department: Budget Amendment for Idaho Transportation Department (ITD) Distracted Driving Grant for a Not -to -Exceed Amount of $14,285.00 Approved Meridian City Council March 7, 2012 Page 47 of 55 B. Police Department: Budget Amendment for Idaho Transportation Department (ITD) Alive at 25 Grant for a Not - to -Exceed Amount of $17,900.00 De Weerd: Thank you. Item 10-A under the Police Department. I will -- who is taking this one? De St. Germaine: I have traffic Sergeant John Gonzales here to address any questions that you may have about the grants. De Weerd: Okay. Council, in front of you you do have a budget amendment for a not to exceed amount for distractive driving grant, as well as Alive at 25 grant, not to exceed as well. So, any questions on Items A -- 11-A or 11-B we have Sergeant Gonzales here with you to answer. You know, John, I think it would be great if you could just give an overview on what we have done to date and what -- what these will allow to move forward. Gonzales: Thank you, Mayor and Council. I thought I was going to get off easy. De Weerd: We are not in the mood tonight. Rountree: You need the practice. Gonzales: Thank you, sir. Madam Mayor and Council, talking about distracted driving, Meridian is a leader in distracted driving enforcement in Idaho, much to your credit and to the work that you have done to make this an important item for -- an important item, something of importance to our community, and based on that we haven't done anything in particular towards the distracted driving grant. That's partially why we are here. What we would be asking for is the authorization to be able to do this, so we can put officers on overtime, which is paid through this grant to be available to do the enforcement. To date -- in 2011 53 citations for distracted driving were issued, but with that something more important occurred in that because we did have an ordinance anytime there was an issue or the media was interested in an issue with distracted driving, Meridian always became the place where the media came. It allowed us to also have an open dialogue with individuals, young people as well, about the dangers of distracted driving. With all that said, Meridian, as you have seen in the last legislative session, has also played an important role in being able to provide testimony for the Senate and for the House in their consideration for a statewide statute. So, in this particular -- for distracted driving towards the grant we haven't done anything, but we do plan on being able to use these monies to be able to do the enforcement piece and have officers dedicated just to that whenever we are on that grant. De Weerd: Well -- and, Sergeant Gonzales, I think you're being very humble in this regard, but because of his involvement in some of the activities and officer training and working with our youth council, he did receive -- I thought it was some kind of a grant. Meridian City Council March 7, 2012 Page 48 of 55 It was certainly an award to go back to Washington DC and participate in NOYS in their conference that he brought with -- four of our youth council members that learned more about distractive driving and the role that they can play in finding answers to have safer roads. Certainly Officer Gonzales has been a model and, yes, a sought after voice at the legislature in trying to bring this to the state level what we have been able to do at the local level and you need to be commended for it. Gonzales: Thank you. For -- I appreciate that, Mayor. I don't know if we want to move onto the item of Alive at 25 and what that entails. Alive at 25 is a distractive driving course that we provide for individuals between the ages of 14 to 25. It's a course that's four and a half hours long, taught by a police officer. We have four certified officers that are able to teach this program. We have taught seven classes so far, reaching out to 125 young people. We initially thought we were going to be teaching two classes per month, but our demand and our -- demand for the seats have been such that we have had to increase it to three. So, we have seen some success already with the program. Our chief gave us an initiative to look for places where we could engage with youth in a nonenforcement capacity and this certainly is an opportunity for us to talk to young people and to give an engagement -- and especially on a topic where we know that traffic crashes are the leading cause for people in this age range of 14 to 25, this is the leading cause of death is traffic crashes. So, we are hoping that with changing the attitude and behavior and making some personal decisions to be safer drivers through this program we think that we will be able to impact our young people. Through this program the Mayor did talk about the NOYS conference in Washington DC. It was under the umbrella of this program that that conference was made available to MYAC students and where I was also able to travel back to Washington DC to participate in that. In July -- June I'm going to be traveling to Orlando, Florida, as part of this as well, to be able to go to the 2012 lifesavers conference as well. So, hopefully, we can bring back some more good ideas to be able to implement here in Meridian. De Weerd: And certainly the follow-up to the NOYS conference, the four youth council members were asked to convene a youth summit that will happen in May. We are working with the folks at Wahooz and who are partnering and helping us find additional sponsors to provide for additional training in distractive driving and bullying and -- what is the third one, John? Gonzales: I'm sorry. Driving, bullying and -- as soon as we leave here I will know for sure. Rountree: You're not that old yet. Bird: I was going to say, you don't get that excuse. I do. De Weerd: But it's -- it's starting to get very exciting as far as what is underage drinking. Meridian City Council March 7, 2012 Page 49 of 55 Gonzales: Yes, it is. It's drug, alcohol, and underage drinking. De Weerd: Thank you. But -- any questions on either of these budget amendments, Council? Rountree: I have none. Bird: I have none. De Weerd: Okay. I would appreciate your action on Items 11- A and B. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve the budget item request of 11-A, not to exceed the amount of 14,285 dollars. Bird: Second. De Weerd: I have a motion and a second to approve the request on Item 11-A. Any comments? Madam Clerk. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. MOTION CARRIED: ALL AYES. De Weerd: Item 11-B. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve Item 11-B, the budget amendment not to exceed 17,900 dollars. Bird: Second. De Weerd: I have a motion and a second. Any discussion? Madam Clerk, will you, please, call roll on 11-B. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. Meridian City Council March 7, 2012 Page 50 of 55 MOTION CARRIED: ALL AYES. C. Planning Department: Draft Five -Year Community Development Block Grant (CDBG) Consolidated Plan Strategies and Objectives De Weerd: 11-C. I will turn this over to Lori. Den Hartog: Thank you, Madam Mayor, Members of the Council. I just had a presentation and now it's not pulling up. I submitted a memo to you as part of your packet. I wanted to touch base with you and let you know where we are at in terms of the consolidated plan, which is our next five year plan for the Community Development Block Grant program and present our initial strategies and objectives, the information that we gained from doing the research and working with BBC research and consulting, a lot of work has went into with the surrey and the stakeholder interviews. I'll see if I can get this up. I don't know why it's not working. Anyway, it's pretty basic, so I will read it. The first strategy was to improve access to affordable housing opportunities to Meridian residents. I guess I'll provide this one caveat. The three strategies and the objectives under each of those are pretty consistent with our first five year plan, there is nothing too outrageous or unusual, so I think we will continue to see some of the same programs and, hopefully, some new things as we move forward in the next five years. Under that first strategy to improve access to affordable housing we have one objective, which is to address the need for affordable decent housing by supporting a downpayment assistance program for qualifying households. This has been one of our most successful programs under this grant. We have worked with the Ada County Housing Authority and Neighborhood Housing Services to provide the downpayment assistance and that was one of the things from the survey that people identified as an important priority. The second strategy is to improve the lives of Meridian residents with special needs and residents at risk of homelessness. The objectives under this plan are to support public service activities that serve the city's LMI residents and the second is to invest in public facility improvements that serve persons with special needs and low income residents, as well as public facility improvements located in the city's low to moderate income areas. Again, projects that we have done under this type of strategy, we have made ADA improvements to our community center, we have supported different public services within our community through the Boys and Girls Club and the Meridian Food Bank and the Meridian Senior Center. A number of things have been consistent with that. The third strategy is to improve economic opportunities in the city's LMI area and the two objectives under that are to partner with the Meridian Development Corporation to identify fagade improvement projects in the downtown area. We are currently in discussions -- we had -- we have a project identified in this current program year to do just that, so we are working out some of the details with MDC. So, that is another thing that showed up as a priority in working through some of this information. And the second objective under that was to fund streetscape improvements in the downtown area, which I thought had the potential to do some exciting things, probably partnering with MDC again and, hopefully, some of these things come to fruition. The reason I'm before you this Meridian City Council March 7, 2012 Page 51 of 55 evening -- I just wanted to give you a heads up on some of these strategies and objectives. This isn't an official presentation of our consolidated plan, I will come back to you later. I'll kind of just talk about the timeline a little bit. This coming Monday, March 12th, I have a CDBG workshop here in our main conference room. I sent out an invitation to those that we have partnered with in the past and those who we are currently partnering with and have extended the invitation out so people can come and hear about our program, hear what's important to the city, and also to hear back from them. Most of them have been involved in this planning process and to hear what they think about these strategies and some of our objectives. With that we have a deadline for those persons in the community that want to submit an application for funding for our next program year. The deadline for that will be April 20th and we have an internal work group that will score and rank the submitted applications and I will be back before you mid May to show you the applications that have been submitted and how they -- how they were ranked by our internal group and in mid June there will be a public hearing on our consolidated plan and the first action plan under that new consolidated plan. So, all of that happens together. I know it seems a bit much, we had talked to HUD about first doing a five year plan and, then, doing our one year action plan and they said, no, you submit it all at the same time and we are like okay. So, that's how we are proceeding. And, then, at the end of July when we are looking for formal adoption of the new five year plan and that first action plan, which will start October 1 of this year and that seems like a really long ways away as we are sitting here in March, so -- so that's kind of where we are at. I would encourage you if you're interested to feel free to come to the workshop on Monday at 10:0 a.m. in Conference Room A. So, I would be happy to answer any questions that you might have. De Weerd: Thank you. Council, any questions? Bird: I have none. Rountree: None. Den Hartog: Thank you. Rountree: Madam Mayor? De Weerd: Yes. Rountree: Just a question -- one question. Lori, some of these programs that we have had in the past that we continue have not been utilized to much extent. One in particular is streetscape. Has there been any interest expressed in that in the most recent program? Den Hartog: There has been some. We -- the first -- the first one that we funded under the streetscape kind of started before me. It was funding the design for the lighting and it -- well, that's kind of how it came down. I think it started in terms of -- I think we were looking -- they were looking at, you know, some of the benches and Meridian City Council March 7, 2012 Page 52 of 55 some of the bike racks and things like that. It kind of got whittled down to the lighting for that split corridor and the way that that has turned out with MDC is that the grant has funded the design, which is -- which is almost complete just for the street lighting and MDC has to pay for the construction of the lighting itself. So, I'm hoping to see some different things, not just lighting, in coordination with MDC that we can move forward and, hopefully, not have some of these that seem to get drug out for a longer period of time. I think one of the things that's really important to bring forward and that's one of the things we are seeing from HUD is to have very actionable things that we can do each year and maybe even over a two year period, but as you well know HUD has been getting a lot of pressure from Congress, they have had an internal audit of their own for projects that have been open and not completed and so I think that's -- it's one of my -- it's one of my focuses on the program is to make sure that when we prioritize and select projects each year that they actually can be accomplished, can be completed, can be closed and I think that's really important to moving forward. Rountree: Terrific. Thank you. Den Hartog: Thank you. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I guess I better turn my mike on. Just a general question and I guess this is brought about by being a little bit leery of the federal government and how once they get the foot in the door and you accept a dollar from them, then, it starts costing you more than what you're making. As we develop this impediment action plan, which I'm in favor of, I think we need more affordable housing and more balance of choices. But if we allow the federal government to make the decisions on that -- I guess my question is when you bring forward the action plan are we identifying -- are we able to identify what the costs of that action plan will be and, then, my second question will be can we pay for it -- and the one thing that comes to mind that rings a bell is -- one of the suggestions that was already made is that the city get involved in the relationship between landlords and tenants. I'm not real thrilled on that. I could be sold on it if I thought there was going to be enough benefit, but that would also cost us something to do and I guess my question is if there are going to be additional costs to the action plan, can we pay those out of the block grant or do we have to come up with separate money to do that. Is that a question that makes sense? Den Hartog: Madam Mayor, Councilman Zaremba, it makes perfect sense and I think it's a very -- very valid question. I had some of the same concerns myself moving forward. The items that we discussed earlier with the fair housing action plan, the CDBG administrative funds can be for our fair housing activities. One of the things that we were looking at very specific activities to defer that action plan. I was looking for some things that could be done at low cost or potentially in conjunction with what some of the other cities are doing. For example, she mentioned that fair housing Meridian City Council March 7, 2012 Page 53 of 55 campaign. That was a very good campaign that the city of Boise put forward and offered to us to be a co-sponsor for 250 dollars. They put in -- they did all the billboards, they did all the radio ads and we had our name put on as a co-sponsor and that 250 was paid for out of the -- out of the administrative funds from the grant. So, when I bring forward the action plan with those specific items I can work out an estimate on the cost for that and make sure that we can cover it through our administrative funds in the grant. I think that's important moving forward and I think it's an absolutely valid concern knowing how the federal government operates. I think it's a very valid concern. And one other thing I just might mention. The last time I was before you back in December I think I had talked to you about potential of this next year being cut back and mystery of all mysteries, we got our estimate and it increases the following year. So, this year our allocation is 230,000 dollars. Next year they are estimating it at 256. So, I guess you just never know. It was sort of valley wide. Nampa and Meridian's entitlement increased and everybody else's decreased -- or statewide. Excuse me. Decreased. And that was a slight shift in how they used the American Community Survey, which I think is probably what impacted the formula. So, it's hard to say. Zaremba: Great. Thank you, Lori. De Weerd: Anything further from Council? Bird: I have nothing, Mayor. De Weerd: Okay. Thank you, Lori. When did you come back? Den Hartog: About two weeks ago. It's been a little hit and miss. I'm in the office about two days a week, so -- De Weerd: Well, welcome back. You don't have bags under your eyes or -- Den Hartog: No. She's doing really well. I will show you a picture afterwards. De Weerd: Okay. Zaremba: Welcome back. Den Hartog: Thank you. Item 12: Future Meeting Topics De Weerd: Okay. Council, we are at Item No. 12, Future Meeting Topics. Is there anything to consider to put on future agendas? Rountree: Madam Mayor? Meridian City Council March 7, 2012 Page 54 of 55 De Weerd: Mr. Rountree. Rountree: With Mr. Siddoway out there in the audience, maybe just a quick update on what's going on with Kleiner Park would be of interest, particularly are things getting done? And maybe we could even schedule a field trip to see the status. It looks like a lot of stuff's been completed or near complete, either for five or ten minutes this evening or at our next workshop. Steven's here. He hopefully knows. Siddoway: Thank you, Madam Mayor, Councilman Rountree, Members of the Council. De Weerd: I guess, Councilman Rountree, our esteemed city attorney is saying because we don't have it posted that we can post it for next week. Rountree: I kind of figured lawyers would be involved. Baird: Madam Mayor, Council Member Rountree, it's a slippery slope and we want to hold the line, so that when citizens come before us and want to get a word in edgewise, that it's our policy that we set the item for the next agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: And I -- for once I have to agree with the lawyer. I think it should be publicized, because there is a lot of people -- there is a lot of the public that want to hear, too. They are all interested in when we are going to get that beautiful park up and going and stuff. So, the workshop next week, what a perfect time. De Weerd: And, you know, I hate to agree with the attorney, so I won't, but -- so, we will put you on, Steve, next week and ask for an update, so that people can tune in and see what's going on. Okay. Any further topics? Rountree: And, Madam Mayor, you mentioned one earlier about the -- taking a look at some of our ordinances as it relates to some of the issues we talked about with the first action item. Let's not lose that and don't have a date certain and certainly not next workshop, but something we need to take a look at in the future. De Weerd: Thank you. We will. We will do that. Okay. If there is nothing further, Council, I would entertain a motion to close. Rountree: So moved. Bird: Second. De Weerd: All those in favor say aye. All ayes. Meridian City Council March 7. 2012 Page 55 of 55 MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 9:43 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYORIA ZVMY DE WEERD DATE APPROVED Changes to Agenda: None REcEI-VB MAR n 7 D Item #101): Centrepointe Subdivision No. 2 (TEC -12-002) Application(s): CI TY CHER OFF �E ➢ Two (2) year time extension on the preliminary plat to obtain the City Engineer's signature on the final plat Size of property, existing zoning, and location: This site consists of 18.7acres of land, is currently zoned C -G and is located on the west side of N. Eagle Road; % mile north of E. Ustick Road. Summary of Request: The subject plat consists of 14 building lots. This is the 3rd time extension requested by the applicant. If approved, the applicant will have until February 27, 2014 to obtain the City Engineer's signature on the final plat. Staff is proposing two (2) new conditions of approval with the subject time extension to coincide with the new surety requirements set forth in the UDC. Written Testimony: Jonathan Seel, Applicant's Representative (in agreement w/staff report) Outstanding Issue(s) for City Council: None Staff Recommendation: Approval Notes: Item #10E, F, G & H: Accolade Apartments (RZ-11.007, PP -11-014, CUP -11.010, MDA -11.013) Application(s): ➢ Rezone, Preliminary Plat, Conditional Use Permit and Development Agreement Modification Size of property, existing zoning, and location: This plat consists of 17.12 acres of land and the proposed multi- family development consists of 11.18 acres, is currently zoned C -G, TN -R and R-15, and is located south of E. Overland Road and west of S. Bonito Way between E. Blue Horizon Drive and the Ridenbaugh Canal. History: In 2006, the property received annexation and preliminary plat approval. As part of the approval, a DA was required that ties the property to a specific concept plan. The approved concept plan contemplated multi -family development but the number of units or density was never defined. Residential development in the Gramercy Subdivision consists of 13 single family detached homes and a 48 -unit apartment complex. Summary of Request: The applicant has applied for rezone, preliminary plat, conditional use permit and development agreement modification to develop a 264 multi -family development. (RZ): The rezone encompasses 12.29 acres of C -G, TN -R and the R-15 zoning districts. The requested zoning designation is R-40 to accommodate the proposed density of 23.6 units to the acre. The proposed density and building height is below the maximum allowable density of 40 units to the acre and the allowable height of 60 feet in the R-40 zone. DA provisions limiting the maximum height of the buildings to 35 feet and the proposed density 23.6 units per acre are recommended. (PP): The proposed preliminary plat consists of two (2) large buildable lots and two (2) common lots. A portion of this plat includes the re -platting of three (3) commercial lots that were platted with Gramercy Subdivision No. 1. Lot 1, Block 2 is 11.18 acres in size and is proposed for the 264 unit multi -family development and rezone to R-40. Lot 2, Block 2 is 5.19 acres in size. The applicant indicated that it may develop with an assisted living facility in the future. This lot will remain zoned R-15. Both lots conform to the dimensional standards of the proposed R-40 and existing R-15 zoning districts. (CUP): The proposed development consists of twelve (12) three-story buildings (two four-plexes and ten eight- plexes), one (1)1,870 square foot office/club house building, four garages and multiple carport structures. Development of the site will be done in two phases (north half and the south half). The buildings will consist of (60) one -bedroom units, (132) two-bedroom units and (72) three-bedroom units. Amenities for the development include a pool, clubhouse, pergola, internal walking paths and two play areas. Access to the site is from E. Blue Horizon Drive to limit the apartment traffic from impacting nearby single family residences. The proposed development is primarily surrounded by commercial and high density projects with the exception of the 13 single family homes constructed with Gramercy No. 1. The proposed development substantially complies with the multi -family specific use standards outlined in the UDC. Denser landscaping and fencing is proposed along the southwestern and southern property boundary to mitigate some of the concerns from adjacent neighbors. A recommended DA provision requires the perimeter landscaping to be installed with Phase 1 of the project. (Elevations): The applicant is proposing twelve contemporary style (12) three- story multi -family structures (two four- plexes and ten eight-plexes) with similar architectural design in two different color schemes. All of the structures are proposed to incorporate a mix of building materials to include the following: stucco, hardie board lap siding and corrugated metal siding. The proposed club house and garages are also proposed to be with similar construction materials. (MDA): Since the project differs from the original concept plan, the applicant is requesting to amend the recorded to DA to incorporate the new concept plan/project boundaries and conditions appropriate to this project. Staff is recommending seven (7) DA provisions for the project. Commission Recommendation: Approval at the February 2ad public hearing Summary of Commission Public Hearing: i. In favor: Rob Thornton, Applicant's Representative ii. In opposition: Kristina Denning, BJ and Stephanie Myers, John Medica, Michael Farrar, Richard Larsen, Rich and Gloria Fern, Lymon and Allie Holyoak iii. Commenting: Kristina Denning, BJ and Stephanie Myers, Larry Kovarik, Richard Larsen, Gloria Fern, Lymon and Allie Holyoak iv. Written testimony: (16 petitions in opposition ) Larry Kovarik, Harvard and Geneva Hanks, Joshua and Allyn Overgaard, Lymon Holyoak, Joshua and Rachel Paul, Mark Stello, Richard Clark, Stephenie Lord, Felix Cruz, Tom and Barb Medica, Richard and Gloria Fern, Rochelle Hersley, Christopher Prindle, Mark and Jenna Saari, Kristina Denning, Chris and Laura McDougal compliance with the original Gramercy concept plan. Key Issue(s) of Discussion by Commission: i. None Key Commission Change(s) to Staff Recommendation: i. None Written Testimony since Commission Hearing: None Outstanding Issue(s) for City Council: is None Notes: Meridian City Council Meeting TE: March 7. 2012 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Skills USA Proclamation MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: March 7. 2012 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Approve Minutes of the February 14, 2012 City Council Workshop Meeting MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: March 7. 2012 ITEM TITLE: ITEM NUMBER: PROJECT NUMBER: Approval of Beer/Wine/Liquor License Renewals 2012-2013: Wahooz/Pinz 1385 S. Blue Marlin BWL Piehole Pizza 726 Main St. B Joy Garden 2951 E. Overland Rd. BW MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Beer, Wine & Liquor License Renewals for 2012-2013 Approval by City Council on Special Meeting—Wednesday, March 7th, 2012 DBA LOCATION B/W/IL Wahooz/Pinz (Rest) 1385 S. Blue Marlin BWL Piehole Pizza (Rest) 726 Main St. B Joy Garden (Rest) 2951 E. Overland Rd. BW Meridian City Council Meeting DATE: March 7, 2012 ITEM NUMBER: 6C PROJECT NUMBER: ITEM TITLE: Approval of Utility License Agreement with Settlers Irrigation District for Sewer Line Crossings of the Settlers Southside Canal MEETING NOTES lqw.4�4111 Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS EIDL AV* -- Public I H O Works Department TO: Mayor Tammy de Weerd Members of the City Council FROM: Roxanne Holland, Staff Engineer Mayor Tammy de Weerd City Council Mernber$s Keith Bird Brad Hoaglun Charles Rountree David Zaremba DATE: February 13, 2012 SUBJECT: APPROVAL OF UTILITY LICENSE AGREEMENT WITH SETTLERS IRRIGATION DISTRICT FOR SEWER LINE CROSSINGS OF THE SETTLERS SOUTHSIDE CANAL I. RECOMMENDED ACTION A. Move to: 1. Approve the utility license agreement with Settlers Irrigation District for sewer line crossings of the Settlers Southside Canal; and 2. Authorize the Mayor to sign the agreement H. DEPARTMENT CONTACT PERSONS Roxanne Holland, Staff Engineer 489-0347 Clint Dolsby, Assistant City Engineer 489-0341 Warren Stewart, PW Engineering Manager 489-0350 Tom Barry, Director of Public Works 489-0372 111. DESCRIPTION Background As part of ACHD's Split Corridor Phase 2 Project, the City is installing a sewer main under the Settlers Southside Canal. This installation is necessary to connect the mains in Meridian Road and provide relief to a portion of the Five Mile Trunk. Settlers Irrigation District requires the City to enter into a license 1 of2 agreement to document the crossing locations and ensure no complications to their facilities will result from the City's work. IV. IMPACT A. Service/Delivery impact: This agreement makes it possible to connect the City's sewer collection system across the Settler's irrigations facilities. Without an agreement, the collection system connectivity might not be possible, affecting capacity in the Five Mile Trunk. B. Fiscal Impact: This license agreement does not have any fees associated with it other than a nominal recording fee with Ada County. V. ALTERNATIVES Council may choose not to approve the agreement; however, without the agreement, Settlers may not approve the construction of the new sewer lines during ACHD's roadway construction project. VI. TIME CONSTRAINTS The project is expected to go out to bid in summer 2012. VII. LIST OF ATTACHMENTS A. Utility License Agreement Approved for Council Agenda: 2 of RECORDING REQUESTED BYAND WHEN RECORDED RETURN TO: Moffatt, Thomas, Barrett, Rock & Fields, Chartered 101 South Capitol Boulevard, IOth Floor Post Office Box 829 Bowe, Idaho 83701-0829 ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 16 BOISE l 12 12:49 PM DEPUTY Gal Garrott III 11111111IIIIIIII'lll'IIIIIIII VIII RECORDED -REQUEST OF 112925436 Meridian City (Space Above For Recorder's Use) UTILITY LICENSE AGREEMENT This Utility License Agreement ("Agreement'), is entered into and made effective this 15 day of ' I'GLrck , 20 1.1 , by and between SETTLERS IRRIGATION DISTRICT ("District"), an irrigation district organized and existing under and by virtue of the laws of the State of Idaho, whose address is P.O. Box 7571, Boise, Idaho 83707, and 5-7 City of Meridian ("Licensee"), whose address is name o o[ er party 33 East Broadway Avenue, Meridian, Idaho 83642 NOW, THEREFORE, in consideration of the mutual benefits to be received by the District and Licensee, and other good and valuable consideration, which consideration is hereby acknowledged by the parties, and the promises, covenants, agreements, and conditions hereinafter set forth, the parties agree with one another as follows: Grant of License. The District hereby grants a License ("License") to Licensee for the purpose of crossing the Settlers Southside Canal (name of canal, lateral, or ditch) at the location described in Exhibit A, appended hereto, in order to construct, operate, inspect, maintain, and repair sewer line crossing . This grant (list crossing(s), power,gas, cable, phone, cta) of License is subject and subordinate to any and all property rights the District may have in the Settlers Southside Canal j (name of canal, lateral, or ditch) UTILITY LICENSE AGREEMENT -1 CLIENT.673846.4 Revised 4008 Licensee expressly acknowledges and agrees that this License does not grant Licensee the right to install any property or equipment, except as may be described in this Agreement, or the right to impair any rights of the District or others in the use of the Settlers Southside Canal (name of canal, lateral, or ditch) This grant is expressly conditioned upon the prior receipt by Licensee of any and all necessary approvals from governmental entities and private parties for its activities to be performed under the terms of this Agreement, and is further expressly conditioned upon the District's prior approval of all drawings and plans concerning the activities to be conducted by Licensee under this Agreement. 2. Term of Grant of License. The term of the License shall commence upon the effective date of this Agreement and shall continue for so long as Licensee is in compliance with the terms of this Agreement. The District reserves the right to revoke this License, effective upon thirty (30) days' prior written notice to the Licensee thereof, should Licensee at any time fail to materially comply with the terms of this Agreement, and fail to correct such noncompliance within thirty (30) days following service of written notice by the District ("Cure Period!). If Licensee begins, but cannot complete, corrective action within the Cure Period, the Cure Period may be extended, at the sole discretion of the District, for such amount of time as may be reasonably required to complete the corrective action. 3. Construction, Inspection, Maintenance. Repair, and Replacement of rossin Licensee, following execution of this Agreement by the parties, may have access across the Settlers Southside Canal to conduct such construction, (name of canal, lateral, or ditch) inspection, maintenance, repair, and replacement of the sewer line crossing as may be reasonably necessary, (list crussing(s), power, goo, cable, phone, etc.) subject to any restrictions imposed on Licensee's activities as may be set forth in this UTILITY LICENSE AGREEMENT - 2 Revised 413108 CLIENr:573845.4 Agreement. Licensee or its agents and contractors shall perform any work in a workmanlike manner, and in accordance with the Engineering Plans and Specifications referenced in Exhibit B. Any activities by Licensee which may impede or impair the flow of water through the Settlers Southside Canal may only be performed (name of canal, lateral or ditch) during the non -irrigation season, which is usually between November I and March 15. Licensee expressly acknowledges that the District does not relinquish its ownership rights in any portion of the Settlers Southside Canal 4. Utility Crossings. Licensee shall not allow any Utilities (except Licensee if it is a Utility) or any private party to attach to Licensee's facilities governed by this Agreement, cross any portion of the Settlers Southside Canal , or (name of canal, lateral, or ditch) // otherwise use or encroach upon the District's easements, without the express written consent of the District. Said written consent may take the form of an addendum to this existing Agreement or, the District, in its discretion, may require that separate license agreements be executed between the District and the Utility or private party seeking to cross the Settlers Southside Canal Express Waiver. In the event that any Utilities or private parties do attach to Licensee's facilities governed by this Agreement, cross District facilities and/or systems, or share in the use of District's facility and/or system easements, Licensee, and Utilities or private parties, waive any and all claims against the District, now and in the future, concerning the District's water distribution, operation, and maintenance activities upon its facilities and/or systems. UTILITY LICENSE AGREEMENT - 3 CLIENT:573045.4 Revised 4/3109 6. Indemnity. Licensee, and any Utility or private party that attaches to Licensee's facilities governed by this Agreement, crosses a District facility or system, or uses an exclusive easement, agrees to protect, defend, indemnify, and hold the District and its officers, directors, employees, members, and agents harmless from and against any and all liability, suits, losses, damages, claims, actions, costs, and expenses of any nature, including litigation costs and attorney fees, which shall include paralegal fees, arising from or out of any acts or omissions of the Licensee or any crossing Utility, their agents, or contractors related to or in connection with their crossing of District facilities, use of the exclusive easements of the District, any attachments to Licensee's facilities governed by this Agreement by a crossing Utility or private party, or any activity under this Agreement and the exercise of any privileges or performance of any obligations by the Licensee or crossing Utility hereunder. Furthermore, the Licensee and any crossing Utility agree to protect, indemnify, and hold the District and its officers, directors, employees, members, and agents harmless from and against any and all liability, suits, losses, damages, claims, actions, costs, and expenses of any nature, including litigation costs and attorney fees, which shall include paralegal fees, arising from or out of water quality violations, flooding, or any interruption or interference with the flow of water in the Settlers Southside Canal caused by any act or omission of the Licensee and any crossing Utility or their agents. Notwithstanding any other provision of this Agreement, Licensee, and any Utility or private party that attaches to Licensee's facilities, shall be responsible for their own actions only, and not the actions of any other party hereunder. Each party's liability shall be separate only, and not joint. 7. No Liens. Licensee shall allow no liens as a result of any labor performed or materials supplied in connection with the activities of Licensee, its agents, or UTILITY LICENSE AGREEMENT - 4 CLIENT:573845.4 Revised 4008 contractors, to attach to the Settlers Southside Canal or to any (name of canal, lateral, or ditch) adjacent lands held by the District. 8. Permits. Licensee represents that it has obtained all permits, licenses, and acknowledgments required to conduct the activities to be performed under the terms of the Agreement. Additionally, for those projects which fall under the purview of the Clean Water Act, 33 U.S.C. 1251, et sey., prior to commencement of construction impacting the District's facilities, Licensee shall deliver to legal counsel for the District a copy of a Section 404 Permit it has obtained from the United States Army Corps of Engineers. In the event that a Section 404 Permit is not required, Licensee shall certify that its construction impacting the District's facilities does not fall under the purview of the Clean Water Act and a Section 404 Permit is not required. The parties hereby recognize and agree that this Agreement will not be executed by the District and recorded until legal counsel for the District is in receipt of the appropriate Section 404 Permit or written certification by Licensee that a Section 404 Permit is not required for the construction contemplated under this Agreement. Such certification shall be attached to this Agreement as Exhibit C and made a part hereof, 9. Operation. Maintenance and Repair of Crossing Improvements. It is recognized by the District that maintenance, repair and/or replacement of the crossing improvements constructed by Licensee and which cross the Settlers Southside Canal under the terms and conditions of this (none of canal, lateral, or ditch) Agreement and as identified in Exhibit B, may be necessary subsequent to the execution and recording of this Agreement. In the event that Licensee desires to perform any maintenance, repair and/or replacement of such crossing improvements, they acknowledge and agree that the prior written consent of the District is required prior to commencement of any such UTILITY LICENSE AGREEMENT - 5 CLIENT:673945A Revised 4rMa - maintenance, repair and/or replacement of the crossing improvements, unless an emergency reasonably precludes obtaining prior written consent. In such an event, Licensee shall provide written notice to the District of such emergency repair or replacement, as soon as reasonably possible after undertaking such work. The District agrees that it will consider and act upon all non -emergency written requests for written consent from Licensee in a business -like manner. 10. Limitations on Liability Attorney Fees. The parties hereto agree that nothing herein contained shall be construed to create a joint venture, partnership, or other similar relationship which might subject any party to liability for the debts and/or obligations of the others, except as otherwise expressly agreed in this Agreement. In the event of any suit or proceeding by either party herein against the other party arising out of this Agreement or in connection with the activities of the Licensee, or their agents or contractors, under this Agreement, the nonprevailing party in such suit or proceeding shall pay to the prevailing party such sum or sums as the court shall adjudge reasonable for attorney fees and costs, including such fees and costs on appeal. 11. Further Consideration. In further consideration for inducing the District to grant this License, the Licensee agrees to promptly pay all expenses incurred by the District relating to the negotiation, preparation, and execution of this Agreement. 12. Entire Agreement. This Agreement contains the entire agreement between the parties hereto with respect to the subject matter of this Agreement. Amendments to this Agreement shall be made only by written instrument executed by each of the parties hereto. 13. Binding Effect. The promises, covenants, conditions, and agreements herein contained shall be binding on each of the parties hereto and on all parties and all person UTILITY LICENSE AGREEMENT - 6 CLIENT:573845.4 Revised 413/08 claiming under them or any of them; and the rights and obligations hereof shall inure to the benefit of each of the parties hereto and theirrespeGtive successors and assigns. No third parties are intended to benefit from, or obtain any rights under, this Agreement. 14. Severability. If any part of this Agreement is held to be illegal or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall be given effect to the fullest extent reasonably possible. 15. No Waiver. The failure of a party to insist on the strict performance of any provision of this Agreement or to exercise any right or remedy upon a breach hereof shall not constitute a waiver of any provision of this Agreement or limit such party's right to enforce any provision or exercise any right. 16. Governing Law. The validity, meaning, and effect of this Agreement shall be determined in accordance with the laws of the State of Idaho. 17. Representations ofParties. (a) District. The District represents and warrants that: (i) it is an irrigation district organized and existing under and by virtue of the laws of the State of Idaho; (ii) it has the capacity and all legal rights necessary to enter into and perform the District's obligations under this Agreement; (iii) all organizational and other actions required to authorize the District to enter into and perform -this Agreement have been properly taken; and (iv) this Agreement has been properly executed and delivered by the District and is valid and binding upon the District in accordance with its terms. (b) Licensee. Licensee represents and warrants that: (i) it has the capacity to enter into and perform its obligations under this Agreement; (ii) all actions required to authorize Licensee to enter into and perform this Agreement have been properly taken; (iii) it has UTILITY LICENSE AGREEMENT - 7 CLIENT.573545.4 Revised 4/3/05 obtained all permits, licenses, and acknowledgments required to conduct the activities to be performed under the terms of the Agreement; (iv) this Agreement has been properly executed and delivered by the Licensee and is valid and binding upon the Licensee in accordance with its terms; and (v) (check one of the following, if applicable): m Licensee is an Idaho municipal corporation incorporated and in good standing in the State of Idaho. ❑ Licensee is a and is in good standing in the State of ❑ Licensee is a and in good standing in the State of partnership established incorporated or organized 18. Notices. All notices permitted or required to be given under the terms of this Agreement shall be in writing and shall be deemed effective upon receipt if sent by first i' class mail, postage prepaid, and addressed to the respective party hereto as follows, or at such other address as a party designates in writing. SETTLERS IRRIGATION DISTRICT Post Office Box 7571 Boise, Idaho 83707 City of Meridian Name 33 East Broadway Avenue Meridian, Idaho 83642 City, State & Zip Code 19. Recording. This Agreement shall be recorded at the Ada County Recorder's Office. [Signature Page Follows] UTILITY LICENSE AGREEMENT - 8 CLIENT.573845.4 ReNsed 4/3/08 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date first set forth above. Attest: roll" SETT ERS IRRIGATION ISTRICT f ) By President of its Board of Directors ;ity of Meridian (name of Licensee) Tammy de W Its Mayor UTILITY LICENSE AGREEMENT - 9 CLIENT.573845.4 Revised 4/3/08 STATE OF IDAHO ) ) ss. County of Ada ) On this 15 "day of IL&h 20L, before me, the�undersigned Notary Public in and for the said state, personally appeared J�t1 f� known or identified to me to be the President of SETTLERS IRRIGN DISTRICT, the person who executed the instrument on behalf of SETTLERS IRRIGATION DISTRICT, and acknowledged to me that SETTLERS IRRIGATION DISTRICT executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Y 4e+o "so, 44.4%, Z! '%%oTARI,N ••q;TE OF ��..•'� STATE OF IDAHO ) ) ss. County of Ada ) ed NOTARY P BL C FOR IDAHO Residing at .%3?s11 ,� My Commission Expires On this day of / mok 20/A before me, the undersigned Notary Public in and for the said state, personally appeared —yiitrTp(x /Y%RIOg'I known or identified to me to be the Secretary of SETTLERS IRRIGATION DISTRICT, the person who executed the instrument on behalf of SETTLERS IRRIGATION DISTRICT, and acknowledged to me that SETTLERS IRRIGATION DISTRICT executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. '�NI. N• Dygi�OtC 2e �OTARy'�rP pU8Vv .•r0 �,�•�.qTF OF �QP�. UTILITY LICENSE AGREEMENT -10 ReVIsed 4008 ZAC—� NOTARY P LIC FOR IDAHO Residing at My Commission Expires CLIENT:573845.4 STATE OF County of. ads ; ss. On this day of NA A VC4 201_,? before me, the undersigned Notary Public in and for said state, personally appeared Tammy de weerd known or identified to me to be the Mayor of City of Meridian who is the person who executed the instrument on behalf of City of Meridian and acknowledged to me that City of Meridian executed the same, IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate fast above written. UTILITY LICENSE AGREEMENT -11 CLIENT:573645.4 Revised 413MB q EXHIBIT A Legal Description of sewer line Crossings Southwest Quarter of Section 6, Township 3 North, Range 1 East, Ada County, Idaho EXHIBIT A CLIENT:573646A EXHIBIT B Engineering Plans and Specifications Please refer to the following plans prepared by Civil Survey Consultants for the City of Meridian: Sheet 10 - Water and Sewer Improvements, dated November 2011 EXHIBIT B CLIEN7:573545A EXHIBIT C Clean Water Act Section 404 Permit Certification The undersigned represents he/she is a duly authorized representative of City of Meridian ("Licensee'), and hereby certifies that a (name of Licensee) Clean Water Act Section 404 Permit is not required for Licensee's sewer line crossing (description of crossing(s)) crossing(s) of the Settlers Southside Canal for the following (name of conal, lateral, or ditch reason: ❑ The crossing(s) contemplated under this Agreement will be overhead crossings and will not include any excavation in or around or any discharge of dredged or fill material into the District's facility. ❑ Licensee will use the "boring" method of construction which will not include any excavation in or around or any discharge of dredged or fill material into the District's facility. ❑X The Settlers Southside Canal is an existing (name o carla.'ateral, or ditch) piped facility; thus, any construction impacting the facility will not include any discharge of dredged or fill material into the facility. ❑ The crossing(s) contemplated under this Agreement will be inserted into existing conduit crossing(s) of the Settlers Southside Canal (nameof canal, lateral, or ditch) ❑ Licensee is in receipt of a Clean Water Act Section 404 Permit exemption letter from the United States Army Corps of Engineers (attached hereto). DATED THIS _ day of , 20_ City of Meridian (name of Idcensee) By Written Name: Authorized Title: EXHIBIT C CLIENT:573845.4 Meridian City Council Meeting DATE: March 7, 2012 ITEM NUMBER: 6D PROJECT NUMBER: ITEM TITLE: Award of Project Management Software Subscription Agreement to E -Builder for the Not -To -Exceed Amount of $116,383.00 and Authorize the Mayor to Sign and the Clerk to Attest MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Builder. �� e -Builder incorporated 1800 NW 69ffi Avenue, Suite 201 Plantation, Florida 33313 Fhone:800-580.9322 S')(ollu.u. ymn_ Q �rt�� gra a W Jit iir0le __ For City of Meridian; Idaho February 17, 2012 Version 1.0 TbO document 41utgude onb foi-the we of Client personnel under the terms of tile NDA on file. It tiny not be distfabutel outside 4f the client oxganizallon-without previous authorizolionfi•on eByilder, 4 Copyright e -Builder, Inc., 2011 Table of Contents Company Background. ..I.... « 3 Product Overview ............ .,.... , ,..,,............. ...... . ....... ......... .............5 Implementation Methodology............................................................. ........................... 12 GateProcess ...................................... ,...,,.,..14 Implementation Duration ... .... ......... ......?.. .. , ....... ......,..15 Client Life-Cyele .................16 - Maintenance & Support .. .17 TechnicalSupport .......... . ....I... ........ ... ........ .... .,..... .......17 Account Management...... ......... ......... ......... ......... ........ ,,,.,,,..17 Release Schedule,. „ .. 18 Enhancement Release Process 18 ......... .......... .,...... ,. ...... ... Availability & Redundancy.. .... ....... .... 20 ......... ..... ........, .....,.. ?m, .... TeehrucalSupport Access ................. ....... .., ...•..... ..... ......... Network architecture,.. .......... ......... ......... ......... ....... .....,,.20 Disaster recovery ......., ........................... ......... .......•. _....... ...23 ServiceStats, ............................................................ ................................. ....,. 23 Monitoring and Alerts . 23 , _ .. , .... , , , . Hardware / Software Requirements ....... ......... ........, ....«. ........ 24 Framework".,. _ ..,..... ......... ...... ......... . ......• ......, ......., 24 Minimum Recommended Desktop Standards . , ...... ...... .. „.... , ...............:,24 Client Responsibilities ...............,......: .......... .... ..... . ......... ......... 25 Assumption......... ........._............................................................................................26 Implementation Scope .««.......,, .«.., - .27 e -Builder Software Licensing Scope.. ....... .,,................ I.,. ......, ........37 Investment Summary _............................................. . .......... ..........................................38 Acceptance ......... ......... ......... ....... _ ................. ....................................... 39 Confidential 2. Solution Overview- Schedule A Builder Company Background e -Builder developed an Online Collaboration and Project Management (OCPM) System ,that has been meeting the needs of owners and program managersfor over fifteen years. Its founders and leadership team were raised and formerly schooled in the design and construction field, implementing practical approaches that might otherwise be overly complicated. Earned Prestige and Trust e -Builder is trusted by some of the, biggest Owners and Program Managers in North America (project portfolios in excess of $100 billion) to provide a reliable, cost effective, and flexible platform to strategically manage cost, schedule, and scope information during planning, design and construction. e -Builder also provides these organizations with an auditable control mechanism to meet regulatory requirements. Accessible and Responsive Team e -Builder prides it in being accessible to our clients, and responding to their needs as part of our product roadmap definition — 75% of our enhancement requests' come from clients. Also, e Builder's leadership team is available to addressissues or concerns quicldy,, Experience in the AEC Space Our team consists of seasoned experts who have been named based on their past experience implementing our software throughout -the world. The e -Builder team is experienced in the implementation, deployment, training, and; support of complex OCPM systems - we do not subcontract these fimc_tions and have built 15 years of best practices experience in how we manage and execute these projects. This experience affords us a unique understanding of what it takes to effect a successful implementation, and results in our clients achieving its stated goals. e -Builder's focus and experience has always been on the AEC space, as opposed to generic project management systems — we have not ventured, nor, do we plan to venture, outside of this space. Owner -Focus e -Builder is Owner Driven (vs. Contractor Driven) — Unlike many systems that have been derived from contractor roots, e -Builder has been developed from an owner's perspective. Particularly in the areas of cost and schedule, e -Builder Confidential 3 Solution Overdrew— Schedule A allows for the ability to manage draft budgets and schedule during the early planning stages as well as during construction. Program Management Focus e -Builder was built as a program management tool. This means users benefit from single project or program -wide Workflow Management, Collaboration, Document Management, Communications, Reporting, Knowledge Management, Performance Management capabilities. The solution is flexible to allow individual users to configure the system to present information :according to their role and responsibilities, for instance program manager vs. project manager., The collaborative nature of the system allows for multiple parties to access and update °information, tasks, and workflow to decrease the time and resources required to achieve these, tasks on traditional, non -collaborative platforms; Fully Integrated System Fully Integrated Cost, Schedule, Scope, Reporting- e -Builder does not use third - party applications to complete its product set. All its modules have been developed by e -Builder as one system on one common platform. Some of the benefits to the client include a) ease of use through consistency; b) the ability to report 'cost, schedule, and scope information on one single projector across an entire program; c) the ability to configure the reports; generated without requiring costly customizations and/or intervention by outside parties. Engineered for Lowest -risk Deployment Rapid Deployment + Reduced Risk — we believe our proposed solation has the right combination of "out of the box" functionality while simultaneously allowing the configuration of the system to mold to a client's processes. This approach reduces our client's time to market, allows the system to be phased in based on the team's absorption, and ultimately reduces the client's risk. Additionally, e -Builder's track record of reliability (0 system outages; documented SSAE 16 Type 2 certified controls; world-class data center, backup, and security features; 99% uptime) provides the Client with a greatly reduced level of risk that could only be achieved through a significant investment. Flexible Platform to Change as Your Needs Evolve e -Builder's flexible platform also affords clients with a way to configure the system to meet existing processes, but also have the capability to adapt the system as these processes are fine tuned over time, without requiring outside intervention and the added costs associated with less flexible platforms. Confidential " 4 Solution Overview - Schedule A Builder "A' Product Overview e guilder Enterprise TM is the most innovative capital program and project management system of its kind and the leading system for executing capital construction projects. Whether you are managing a single project, multiple projects, or multiple programs each with several projects, e -Builder Enterprise Tg provides one integrated, system to manage the cost, schedule, and scope of each, project as it moves from planning to design, construction and occupancy. The system is modular, and is entirely accessible and configurable via the Internet, malting it the fastest system to deploy. Developed,, refined and upgraded over 15 years with input from thousands of users ensures that e -Builder Enterprise's capabilities enable you to execute 'the most complex capital program with ease: Over 5,000 companies involved in facility planning, design, construction, and operations leverage e -Builder to improve capital project execution. The results are increased productivity, accountability, and much tighter control over costs and schedule, which ultimately reduces cos_ts.and speeds time to market. e -Builder is an integrated Online Collaboration and Project Management (OCPM) system for owners managing the design and construction of ;their facilities. The system is designed to address the specific needs of owners who manage capital projects from the planning phase to construction and operations. e-Tiuilder Enterprise TM connects all of the internal ;and external stakeholders to efficiently manage documents, schedule, and communications across all of the projects in the organization, Key capabilities inch>de Cost Management— e -Builder Cost,module provides financial control and audit features in a secure environment to help you improve how you manage your budgets across one project or your entire capital program. Create and track budgets during planning or construction, and conduct budget reviews, change management and approvals online. Quickly identify past, current, and future costs, commitments and, changes as a project progresses, Forecasting features enable you to accurately predict the cost -to -complete and cash flow needs to avoid unpleasant surprises.. The Cost module will also provide you with cost, summaries across one or multiple projects with a couple of mouse clicks, with drill -down Confidential 5 Solution Overview - Schedule A -Builder' capabilities for you to access more detailed information, Information can be viewed in many different ways (eig„ by vendor, or by project type). Used in the project planning phase, e -builder acts as a budget creation and project prioritization tool, which allows you to leverage existing data from completed projects to develop accurate budgets, Schedule Management —'The Schedule module integrates the power of CPM scheduling with the collaborative capabilities made possible with the Internet to provide a program -wide milestone, tracking system. Efficiently manage schedule and scope changes from a central location that is accessible by the different project resources online. Integration with common deslttop_ scheduling systems (e,g, Primaverpi MS Project) lets you import existing project files, Track performance against a baseline, while the system automatically updates the critical path as you approve schedule changes and tasks are completed. Integrated Gantt views and reports give you a graphical perspective of your project's activities (e.g., Completed, percent complete, behind, etc.), including the project milestones that give you an accurate forecast of your project completion date, as well as an early - warning system to alert you about potential issues. C f ,Mlor INIfO p�4aelMrbByYM� 'v� _. AC m.r«art..w ..,ul waw ile Industries„ rytgryep, ^rl�ao+A.lo !'nM 'M F In? 6NM1 � 911fkFFl : 11oW x.wyybe:wl8 NY^I19�N 11A!Illb t3Wl. Fd MWMugI pal«« e{i � _�` Vw ),pYl f lw�i 4.:+n..eawN��xr� Ox 11 1 M , e� dM w tnFn a Anw��...s, F« m a 1 Ir4X'Nof•!�' � P �v+nw'bnn{gra lRNro2mn. ex rf f.iN I wlnnq .� }�1da^ fxNwi«atxu .�vliiteeF IM«« gx3wM !«hVlt� Ina ', I nqk 41w, a r �rwq.uan �oxlx nsroa�, I nglel w.w,� mo yw�m t-�«op tMM+'i IV!F++w. �:pdX !x 1« M rdo1P6 e« .. � IMynfuaa Ipgwlt� wYN'w pp FM.rN MrwM n3pen ]!10 4�.pMunFNn 0« ba 9M 31wwp5 !r0«x In9.er Yxi IxnmrnN,m prem NWtmaR^�"Ta 1' �JJI AMA, MF ! My *fqo ^• N �N PewM np It.uun.q 41v («�1 p1 wx w..n vm.s. d G£Ilrt uyj 1«1m eco w tY x �:��:' Na McFwe�.afaN lIWVI owld .N`IKl+b }C �l[{✓♦YI` OW i« IU M 15N uJ�lpi '. cq` I w,..u. nxmM+d 1 xan ipna.`wM is oN 3 N 1wn rn. le••.w' ror nofery, dww IlnN e,wnw.w :Mlht«« ex IM(q?M� sw r2w.lN« 4e1 t I,RNelr xbtwa Imwew xwa« e0:} leeWr 00 «! Ikn PIhN a« IN K fyw [aµxs i« IAIr]Ntl i Schedule Management —'The Schedule module integrates the power of CPM scheduling with the collaborative capabilities made possible with the Internet to provide a program -wide milestone, tracking system. Efficiently manage schedule and scope changes from a central location that is accessible by the different project resources online. Integration with common deslttop_ scheduling systems (e,g, Primaverpi MS Project) lets you import existing project files, Track performance against a baseline, while the system automatically updates the critical path as you approve schedule changes and tasks are completed. Integrated Gantt views and reports give you a graphical perspective of your project's activities (e.g., Completed, percent complete, behind, etc.), including the project milestones that give you an accurate forecast of your project completion date, as well as an early - warning system to alert you about potential issues. Confidential 6 Solution Overview - Schedule A CM Industries pM W[ AY/Ii1M rytgryep, F,�.�„�„xl !'nM rw«men � Ins Hssnw VM VI VU Iw I xWla.Sl t= Inll�IMenr lw�i 4.:+n..eawN��xr� re�ie4i�w a� Anw��...s, ^vac s�.r�wl •r,ml�-rnmlb=.wls^a.•rvl icnr�,.sws�w s.w, 'n=1 l lRNro2mn. ma lag” 1FFl m Im uwie< I nyu4lyAr j4••.� �T911 LwJ,M li. MLl'Sfl[L xF1 lLi�'.. xl Confidential 6 Solution Overview - Schedule A Builder • Process Management - The Process module is a sophisticated workflow engine that puts you ' control of your processes. With the Processes module you can use rigid processes that make it easier to enforce your policies and procedures. Your project administrators will appreciate- the ease with which they can create and configure workflow processes using the graphic Workflow Designer tool. Electronic processes enable you to capture and route information based upon the business rules you define. For instance, route an item to an individual or a group and _set rules that permit on a specific action to be taken, which can then initiate other workflows ;and include the document- 9r attachments, ofiher forms, schedules, cost approvals and byblLF !1 more, Processescan be standardized across your entire program, or on an individual, project by project basis. • Form 'Management - The Forms module ;is a powerful workflow engine that provides you all the power of the Process module, but, in a less rigid environment that allows the users to drive the process. Forms are often used where a strict process is not needed, or is not well defined. Forms can be used as a starting point to test and refine your processes i and still achieve the benefits of the tracking and reporting. These forms can � _iyaiN Pleaaa iR aE+n Mon Y then be used to "help map° your defined process and - moved into the Process I I�L-_M - module. Confidential 7 Solution Overview — Schedule A Builder' • `Docltment Mana eg ment - The Document module serves as the central repository of all your project files, including documents, .drawings, photographs, CAD files and more, This central repository will help you ensure stakeholders work off the most current file versions, and collaborate using the integrated markup tools. Project teams benefit from improved communications, faster data exchange, and improved collaboration by accessing files from one secure location. e -Builder tracks and records all :activities (e.g., upload, view, download, email, etc...) occurring in the system. Built-in version control automatically renames documents and files upon transfer, and a copy of the previous version(s) is automatically generated. view over 250 file types in e -Builder using the integrated viewer without needing to have the application that created _ the file installed on your r4wJ iiFF�F�vnnoi r qy computer. You can Industries '.3� m"" `-,�vw�^�>.,,•r�w� au`j e:.an �almr.r �Alr �r� wury,.�p 4t-: ^tea Nii. iw;xra.�aa. 5i ^�Ird �] preview and markup a SJ � mabpc ,q....yrj �p PN•a N•w �e rtwtM q PDF version of the ;mae w. E n a ril. wwrvn K wom Adaw.d•. �uw.ruelm^g 9°4��4wr,xeS�i Original, without ; {� l91 aYM1i j416 IIM �. altering the original file.;' "A'•" a°`^'"y`'M t 1103 ;Snuryimenw+.sF xr•or E-mail and fax (m and u� •.N'. tl° w ° w.0 m wry v out) capabilities and complete integration with the other modules provides users with additional collaboration and communication options that promote use and adoption.` Capital Planning - The 'Planning module is fully integrated with e - Builder's cost, schedule; workflow and document management, built-in reporting, and third -party ;integration systems. Simplifying the planning process by creating a capital plan with accurate and up-to-date information and projects prioritized based on your organization's strategic goals. A user-friendly capital planning dashboard gives you immediate access to summary information you need to analyze and prioritize new projects, and drill down into more detail information. Links to active project data gives you a complete picture on evolving cashflow needs,. One database which takes advantage of historical data you can use to develop more accurate estimates of future projects. Confidential 8 Solution Overview —Schedule A Builder a • Contact Management — The Contact module allows you to easily manage all of your contacts across all of your projects in a central location for easy access by your team. The Contact module provides the ability to associate one or multiple contacts with a company and lets you maintain one master contact list for all of your projects. In addition, the system makes it easy to Centrally view integrated project information with each contact (e.g., contracts, change orders, insurance information, etc::.) for Companies that are vendors. The zContact module also provides you the data to historically report and trad< vendor capability (e.g., total contracted amount, vendor issues and rating, amount of change orders) with drill -down ACME capabilities for you to Industries °w^�'M'' Nawmk,. �pib access more detailed M information. Used with our ;„ � integrated Reporting n�M,uK MNN moduleyou will have current and historical reporting capability to manage, your vendors and identify who are performing best for your company. • ;Calendar Management.— The Calendar; module provides the capability to centrally schedule and maintain project specific meetings. As many project meetings typically involve multiple companies, each with their own company calendar system (e,g„ Outlook, Lotus Notes, etc,), the Calendar module provides a central calendar that is accessible by all members on the project to improve the coordination of " project meetings with multiple companies. Additionally, this provides new project team Members with a clear view and 3 `' access to the necessary key project meetings they need to be involved in when they join a project as it progresses through Confidential 9 Solution Overview- Schedule A Builder each phase. Bid Management - The Bid module provides the capability to invite bidders to a project, distribute plans and specifications to them, manage all communications, and 'keep projects, Whether you are bidding for a General Contractor or a Subcontractor, the bidding module ',helps clients improve bid coverage, reduce printing and shipping costs, standardize the bid management process, and maintain historical project data, It also provides easy access for an unlimited number of bidders in your vendor database who can view and download information as well as communicate with you throughout your process. • Non -Licensed Access - e-Builder,provides several tools that allow you to interact with individuals who are minimally involved in your project, but provide -or need access to key project data. These tools enable access and; reduce the training and learning curve that can occur when a new system is introduced as part of your process. Without any training, you can provide non -licensed individuals methods of submitting, responding or accessing key data without changing the process of what they are .doing today. Examples of these tools allow you to provide limited access to specific documents within e -Builder, ability to submit documents via entail or fax to the correct 'project folder, and the ability to respond and initiate key project communications (e,g., Field Reports, Change Orders, etc...). This capability is widely used throughout the construction process to provide a way for users to interact without having to log into e -Builder; Alternatively, this capability can be used to inform public stakeholders of progress without requiring a logon into e -Builder. • Reporting and Dashboards Engines — Managing your key project information is only part of the benefit you get with e -Builder. The ability to sift through, extract, and review information that can help ;you in your decision making process and reporting to project stakeholders is another important benefit provided by c -Builder. Confidential 10 Solution overview — Schedule A Builder it e -Builder includes a powerful but easy-to-use reporting engine that gives you control over how you k4 ,m . .... .. view your data, without . I requiring third -party applications or programming E, I. AfiddElfle-E-al knowledge. There are a limitlessnumber of reports =wg� ji, that can be created and 'pushedto others in your firm especially those that only require updates and don't need to interact with the system. For instance, email reports to individuals and groups at predefined intervals (e.g., daily, weeldy, monthly). You use our existing report knowledge base, or configure new reports based on your individual or organization's reporting needs; Fully configurable executive dashboards provide a graphical representation of your project and program data using charts, graphs, and gauges you configure, and provide excellent visibility into the status of your projects and program leey performance indicators. You can also configure dashboards for individual use, or those you distribute across your entire - organization. Confidential 11 Solution Overview — Schedule A I E, I. 1. "W Confidential 11 Solution Overview — Schedule A Builder' Implementation Methodology The e -Builder -Professional Services team is responsible for implementing the e - Builder solution to address your ongoingbusiness eballenges as they relate to the efficient, delivery of capital projects. For over 15 years e -Builder has focused exclusively in the construction industry — .during this time we've participated in managing hundreds of billions of dollars in capital projects. This valuable experience has enabled us to develop a -solid understanding of the processes used and regtured for effective and efficient capital, project delivery, and the best ways to automate the complex Chain of processes used by your organization during the planning, design, procurement construction, and operations phases, The resulting set of processes configured for your organization in e -Builder will bes • Repeatable — driving efficiency and productivity gains • Measurable — driving ongoing business process improvement • Auditable — driving accountability and mitigating risk • Efficient — to enable you to do more with less. Whether your organization's processes are mature or in the initial phases of design, we will provide recommendations and tailor solutions that meet your needs so that you get the greatest return on;investment possible. e -Builder clients benefit from a successful implementation track record. Part of this success is based on e -Builder's adherence to a proven implementation methodology modeled after the Project Management Institute's (PMI) recommended 5 -phase project implementation approach of Initiation, Planning, Execution, Control, and Closure. This approach enables cheeks and balances;that give you visibility throughout the process, provide metrics, and gives you control over the implementation's scope. The e -Builder implementation methodology includes the degree of flexibility required to meet your organization's specific needs and time constraints. Our broad range of deployment tools and our team members' experience allows for rapid deployment to minimize your risk while maximize your return on investment. Our repeatable and measurable implementation process along with e -Builder's unique product capabilities result in:. • Phased' implementation approach minimizing adoption risk; Confidential 12 Solution Overview - Schedule A Builder • Rapid time -to -market resulting in a faster return on investment; • The highest degree of quality within the implementation lifecycle; • A high adoption rate post implementation resulting in a higher return on investment. Implementation Process Initiation Execution 4ontrol Major Milestones -FJnixe Reg4Patnents r —�PCo_�ea§ DE�nitfon Requirer�enf $nd _P.roCess bocumentatlon Conflgur tion of e-B_u`Ild t to achieve process' and reztulrement goals, bevertoplpent eniiahcoinente (if regddred) Po"s'} Imp yrnentalipnva5�oplion plan defined -a Tesdng o(eonfigu�ahon afid processes TeVlingpf E'nhangementq (if required') � uLlderAd�ln""Training E EuItdQ7 OseQS ming (productand processes) Adoption Plan Fncdgon - 1 -ori -1 training 04 required., Project post-modern joint reVleW Confidential 13 Solution Overview — Schedule A Builder Gate Process Between each phase of the implementation is a formal gate meeting required to Progress to the next phase. The e -Builder implementation gating process ensures the necessary stakeholders have complete visibility into all facets of the implementation and can accurately communicate the status and every step of the project. Each meeting is used as an opportunity to review the current scope and timeline of the project and to openly comrnunicate any and all potential risks and mitigations. Though a formal meeting is not necessarily required, it is often advised to ensure the constant communication is occurring at the executive level of the project, The following articulates each gate meeting's goals and objectives._ • Gate 1 Prior to the Planning Phase — The goal of this meeting is to approve the timeline for the implementation including remaining milestone dates and onsite meeting schedules for design and training. • Gate 2 Prior to the Execution Phase — The goal of this meeting is to jointly approve the requirements and ensure the scope of the implementation is finalized. Furthermore, the team will jointly review any risks and associated mitigations. • Gate 3 Prior to the Control Phase — The purpose of this meeting is two- fold: 1. To review the e -Builder configuration and ensure that it matches the needs and requirements previously defined, and 2. To review and approve the adoption plan. The adoption plan is :a blue -print for the rollout and defines specific user functions, the projects which will benefit from the utilization of e -Builder at launch and the functional rollout of specific modules. • Gate 4 Prior to the Closure Phase This meeting ensures that the project is complete and the team has been trained and is well versed in performing their specific job function within e -Builder: • Gate 5 After the Closure Phase - By referencing the Adoption Plan approved in Gate 3, the team jointly agrees that the users are utilizing e- Builder as planned and that you are now ;realizing the return on your investment. At this point, the client is formally introduced to the Account Management and Customer Support functions that are now responsible for ensuring you continuously realize the benefits which resulted in your initial decision to purchase e -Builder: Confidential 14 Solution Overview —Schedule A Builder Implementation Duration Though there are universal benefits to utilizing e-Builder,'the specific needs and requirements for utilizing e-Bitilder can vary widely among different clients. That being said, the e -Builder implementation team has a long history of implementing e -Builder efficiently and effectively. As a result, the typical implementation of e -Builder can be completed within 120 days. The following is a high-level project plan representing a typical implementation, 2` Task Maine _ Core Implemeirtation Datlori +05,93 days 043 days --I -hr 1 hr '10 (lays I 19 days 6 days 1 day 1 day 1 day 2 days D days 36 days 10 days '.3 deys 2 days 2 days 3 days 13 days 0 days 5:days 5d - aye 3days 10 days 35 days 5 days 30 days 30 Slays 30 days start Fri 0010 Fri1P1�N0 -Fri 1MMD Fri Ill /10 FriIMP10 FYI 1 M PI0 Thu 112840 FInISh -'Fri 5PI4r10 FIt1P1110. Fri 1PIM0 Fri 14A0 Tim 10040 Thu 1 P26M 0 Thu 214110 Fri 1T2911.d.6 Mon 2M M 0 Tue 2n n- 0 Thu 214A 0 Thu 214M 0 1`03.0610 Thu 2M 8110 Tue 203M 0 Thu 2125PI0 Mon 3M 110 Thu 3141 0 Fri 3M2i40 Predecessors ^ Planning - ItldkolfCall Schedule Implementation Dates Discovery Discovery Sessionswith client -- - Design Review Requlremente, Peflne Migration D@ta Mapping' - - - _ Approve Requirements- Process Responsl611dies Matrix Approve Design - Configuration ProcesslSystem Configuration Core setup Templates -- Repods0ashhoards Process Guides Data Mapping Receive Client bata Data Install cf Data Joint Data Varlllcatlon Production Promotion Client Review and Testing - Training Admin Training User Training - gollout & Adoption - _ Assist wNh user rollout as required 4 6 8 - - 9 10 11 12 14 A S 6 T .g Thu It2m0 9 Fri 1T29M 0 Mon 2M M 0 Tue 212M 0 Thu 214110 Thu 2/4x10 Thu ZI4M 0 9 D '11 12 13 14 15 : Thu 2M 6M 0 Tue WNI0 Thu 2P25M0 116 15 -I 16 17 15 X20 21 22 18,23 24 - - - - 17 16 Mon 3M M 0 Tire.2M3PI0 Tue 212310 Tue .2T23110 19 20 Tue 2P23M 0 Tue 312A 0 Tue WWI0 IFri 3M2M0 Fri 30A0 21 ?2 Tue 30/10 Tus319M0 Fri M2M0 _ `23 24 25 26 t' 27 26 '" Fi1.$)NMO Fri 3126/1 0 Fri 46M 0 Fri 6PI4M0 Fri 5M 4M 0 :Fri 5114110 Fri 02A Fri 5M 4M 0126 Fri 0125PI0 -Fri 6T25P1 D 127 29 As part of the project kickoff, preliminary dates will be set and the actual project plan will be solidified as part of the Gate 1 meeting. Confidential 15 Solution Overview - Schedule A Builder Client Life -Cycle e -Builder is more than just a software vendor, we are a partner who will work, diligently to ensure unwavering success in your construction program. From the 'very first contact with e -Builder, there is a specific individual within our organization who is responsible and accountable for your success and continuing to maximize the return on your investment — we refer to this as the 'e -Builder client life cycle' as there are specific e -Builder team members responsible for your success from your veryfirst contact with e -Builder into the future. As part of our partnership and as we progress our relationship for years to come, there will always be someone is who directly responsible within e-Buitder for your success: Sales - Up until ahe project kickoff meeting your e -Builder sales rep is your main point of contact ;at e -Builder. They are responsible for ensuring that all of your questions are answered and that your needs are met. After the contract is signed, the sales rep will facilitate a kickoff call with the professional services team, The purpose of this call is to formally introduce the professional services team as the responsible individuals for you realizing the near term benefits of the e -Builder application. Professional Services — The kickoff meeting marks the handover from sales to the e -Builder Professional Services team as the implementation of e -Builder is now underway. As previously discussed, the team responsible and accountable for the successful implementation of e -Builder is comprised of experienced professionals dedicated to successful rollouts. The implementation is complete after the users are trained and the rollout .of the application is complete and adoption, is achieved. At this point the implementation team will transition the implementation to the Account Management team for long term sustainability: Account Management Once the implementation is jointly considered complete, the e -Builder Account Management function is responsible for ensuring the long term utilization of e -Builder. Providing oversight to such functions as Customer Support for issue resolution, Product Management for Enhancement Requests, and Professional Services for additional service related needs, the Account Manager will serve your needs to ensure efficient and effective communication and escalation of issues should they be required. e-BuilderFI_mplementation Long Term Accountaklllty Proi@el eSsional (0 Prajecl sale§' AccounCManaBement'� Kickoff159rVices Coinplele Confidential 16 Solution Overview —ScheduleA Builder Maintenance & Support Post implementation support is provided by the e -Builder Support and Account Management teams. These teams work with you to address any immediate issues and also proactively assist you in identifying and overcoming future challenges. There is no cost for post implementation support as it is included in your license cost. Any _additional modules or functionality that you wish to utilize in the future not originally part of your implementation can be quoted through your ,Account Manager, Maintenance and Support provide assistance throughout your use of e -Builder, Technical Support The Support team is available for any product issue or question, The team will receive any call, email or fax into our designated support lines and address your questions, Every single call or request is logged into e -Builder's Client Relationship Management System, and the client is provided with a unique ticket number to their incident or case. All incidents are logged and tracked, by management to iensure timely resolution. e-Builder;has a record of resolving 82% of client incidents within the first phone call. Any incident that cannot be answered or resolved on the first call will be researched by one of our Technical Support Analysts. They will provide updates as to the status of the ticket as it progresses through the 'incident life -cycle. If development involvement is required, the incident will be resolved by our Development team and delivered into the Production environment in :our monthly maintenance releases. Once the incident is corrected and released into Production, the individual who reported the incident will be contracted by our Support team notifying them that the incident has been resolved after they have personally tested the resolution. Account Management The e -Builder Account Management team exists to assist our Client's with non support related issues and is accountable for ensuring the Client's satisfaction with e -Builder. Each account is assigned an Account Manager who will Confidential 17 Solution Overview — Schedule A ,. Builder proactively contact users to ensure that they are achieving the use of e -Builder for which it was purchased, monitoring application and use, and identifying :and mitigating any issues with the process or product that may not have been identified or communicated. To summary, e -Builder is setup to be proactive versus reactive to the needs of the Client. Additionally, the Account Manager is key Client contact for any vital communications and is there to assist with processes and business change.If a Client has new processes_ or other components of e -Builder they wish to utilize, e- Builder will assist in exploring these ,areas and aid with the direction of implementing any additional cornponent(s). Releaser -Schedule e Builder provides monthly maintenance releases on the third Thursday of each month, and an Enhancement release on the third Thursday in the third month of each quarter. Installation of the maintenance releases occurs after hours so as not to affect our client's use of the system, The ;installation process of our maintenance and enhancement releases follows a structured program as documented in the e -Builder SSAE 16 Type 2 to ensure that the proper controls are in place for any new release, Enhancement Release Process Ate Builder, we follow :a specific enhancement request (ER) process to ensure that your feedback is considered in the product and to ensure that we address your suggestions quickly. The goal of our ER process is to capture the needs of our clients and users in our product development efforts and to ensure that we are developing the right features in the right order. Like any organization, we have a diverse user base with different and sometimes conflicting priorities, needs and requests, Our challenge ,is to prioritize and address the diverse needs of our users within defined resource and time constraints. The goals of the Enhancement Release process for each user are; o You know what to expect when you submit a request. o You can communicate the process to other users within your organization, o You can increase the likelihood of getting a request implemented. Confidential 18 Solution Overview - Schedule A Builder When you submit a request, you will receive an email confirming receipt. You may also receive a call from our product manager who may want to clarify certain points of your request. You can check the status of any enhancement request by contacting support or account management: We review the requests in detail once a month and prioritize them to be implemented in the product. We cannot guarantee the exact timeframe of the release because external market conditions often cause priorities to shift ,over time, but we strive to implement features in a 3 to 24 month window. In some cases, the request cannot be implemented at all (e.g., it conflicts with other features) or the request is placed in the low priority category (e.g„ it will not be addressed within two years), If this is the case, you will be notified via; email within 30 days of submitting your request. We will also assist you in finding an alternative solution. If one of your requests is being -implemented, you will receive an email when that feature has been released into beta and you will have an opportunity to try it and provide feedback before its released to general production. For various reasons, we may solve your problem with an enhancement that is different from the one you suggested. In these cases, we want your feedback so that we can be _sure we addressed your need. The enhancement process is a 3 -step process consisting of data gathering, analysis, and product development. The data gathering and analysis process is ongoing and it leads to the development and release of four product upgrades per year. • Data Gathering — Collection of input from internal and external sources o Focus of this phase is to determine the goal of the suggested enhancement. The basics we are trying to determine are (1) what will it solve?, and (2) what impact will solving this problem have on your organization? • Data Analysis — Categorization and prioritization, of each enhancement request to identify the benefit and level of development effort. • Product Development — Selected features are communicated to the development team to be built into the product following our defined Software Development Life -Cycle process. Confidential 19 Solution Overview — Schedule A ,Builder New features are released into production during one of four scheduled release dates, on the 3rd Thursday of March, June, September, or December. Four weeks before the enhancements are released to production, a description of the new features and their benefits are communicated first to the administrators and then to the entire user base. And once the new features are released, we offer several online training courses that you can attend to learn about the new features. New features are generally developed so that they are "non -Invasive," That means a new feature will not affect how you currently use the system. Each client can choose to use the feature through its optional use or through a configuration setting in the account set up. In some cases, where a new feature represents a significant change to the way you are currently using e -Builder today, the new feature set will not be automatically deployed. 'In these cases, the new features are deployed on a per account basis at the direction of each client. Availability & Redundancy TECHNICAL' SUPPORT ACCESS e -Builder provides support twenty-four hours a day, seven days a week (24/7) and does not subcontract its support and account 'management services, :All support is operated and managed by e -Builder at our corporate office in Plantation, FL. If support is needed :at any time, our Support team can be contacted and we will assist and manage the issue through resolution. To contact Technical Support, you can either: Calls 1=888-288-5717 Email: support@e-builder.net Fax: 1-800-576=9322 User Support Case portal: wwwie-builder.net/services/sul2port.html NETWORK ARCHITECTURE The e -Builder network architecture is designed to ensure maximum security, performance and reliability, Users worldwide, including Fortune 100 companies managing multi -billion dollar construction and development programs depend on e -Builder to provide reliable access to project data. As a result, redundancy is built into every portion of ,our Confidential 20 Solution Overview Schedule A Builder network, The figure below provides an overview of the network architecture. The e -Builder application and client data are hosted on two geographically distinct data centers. One is located within the AT&T collocation facility in Orlando, Florida, This AT&T facility is a world-class quality center optimized to provide an industry-leading application - hosting environment, The second data center, a disaster recovery facility, is located at Vericenter's Atlanta data center, and is meant to provide additional data security and backup functionality. Rr4lundaid I and Slrnring Flrawnlle RedundanlWad enlnncata Redundo nt GSS Switch rakic Ralundapt SQI-Sowdf Clustot 'U01y$umm (Vlnvdng, Cooveroons, Plollflcolions) Application Sorw Woh Fan Both centers are designed to stay up and running in the face of possible outages. They are :protected from power failure, physical intrusion and network outages by extensive back-up power and cooling systems, physical security, multi -layered security, and network redundancy and diversity. Confidential 21 Solution Overview — Schedule A Builder The following is a list of some of the physical facility security controls in place at e -Builder's data centers: • 'Flexible, on -demand access to network capacity of 72 Gigabits on an AT&T Local Services ring that is redundant and diverse. • Sprint dual OC -48 Internet backbone • Multiple third -party carriers • Cisco Gigabit switch routers • Dual access routers connecting the data center to multiple AT&T IP backbone nodes via dual OC -48 connections • 24x7 physical security including guards, closed circuit monitors, alarmed doors with secure card access, biometric scanner; and "man -trap" restricted access to the data floor. • 24x7 monitoring of building and environmental alarms by an in - region staff and remotely by the AT&T Network Operations Center. • Dual Uninterrupted Power Supply (UPS) each with multiple modules synchronized to work in tuison or independently. UPS systems receive power from both commercial power feeders and "in case of emergencies" by standby generators. • In case of commercial power failure, backup banks of diesel generators are on-site, These generators consume fuel that is also securely stored ontsite, and also count on fuel suppliers on standby to provide additional service. • State of the art VESDA (air sampling) smoke detection system and alarm system. VESDA systems are 100 times more sensitive than conventional fire detection systems. Fire suppression is via a pre- action dry pipe system, In case of actual fire, water is discharged on the affected area only.. • Multiple Chillers and redundant Computer Room AC (CRAG) units to maintain a room temperature in the range of 75 F. • Raised floor housing with extensive intra -building cable and wiring to support power cables as well as low voltage Telco wiring. Combined, these two centers provide for real-time replication of client data to a geographically separate location to ensure business continuation and data disaster recovery. Confidential 22 Solution Overview —Schedule A Builder DISASTER RECOVERY e -Builder performs regularly scheduled, comprehensive backups of all data. Full back-up to tape of all client data is performed according to the following procedures to ensure the security and availability of customer data in the event of a catastrophic failure of the e -Builder data storage system. The full disaster recovery process is contained in our SAS 70 Type Il certification and can be provided upon request, SERVICE STATS 0 -Builder is delivered as ,a hosted application, meaning customers ;and users access the application via the internet. The data center architecture is described in more detail in the sections above. One of the many advantages of using a hosted application is that the customer does not have to purchase software or hardware, or incur the -costs associated with operation, maintenance and support. This Method of deliver' s commonly referred to as the Software -as -a -Service model. In the past it has also been known as the Application ServiceProvider (ASP) model, with e -builder being the ASP. e -Builder adheres to standards-based on industry best -practices to ensure provision of a reliable and scalable system: `The reliability and scalability are a result of significant ;financial investments in the world-class data management facilities, Additionally, e -Builder's security standards are documented and built based on stringent security processes. Both the data management facilities and processes are certified through,a third -party audit. Service statistics are monitored and managed by the e -Builder Operations team„ Monitoring and Alerts e -Builder Operations team personnel monitor the e -Builder production systems. The overall database health and capacity planning are monitored to ensure the system will meet the needs of our clients. e -Builder utilizes a cross platform server monitoring tool to provide real time monitoring, alerting and reporting on our network equipment, This tool monitors all ,production servers, critical services, disc utilization, CPU utilization and memory utilization. The software is Confidential 23 Solution Overviews Schedule A configured to alert operators when predefined thresholds or critical service failures occur automatically. All alerts are communicated immediately by the sending an email notification and pages to the Operations team mobile devices in addition to a screen notification, All network and security monitoring is performed 24x7x365. The Operations team responds to any alert and addresses it immediately. Hardware / Sofkware Ii! equifelnents e -Builder is a web based application that runs in a browser on the client Workstation. It utilizes ports 80 and 443 (http and https) for communications across the Internet. Active X controls are used to provide optional functionality in many of the e -Builder modules. e -Builder was created using the Microsoft .NET framework and is hosted on Microsoft 2003 application servers and MS SQL Server database servers. FRAMEWORK The e -Builder Framework is the heart of our product suite, our proprietary project management and collaboration platform. The, Framework includes all of the application capabilities - including document management, business process management, calendars, budgets, and cost and schedule control. In addition, the Framework provides the reporting capabilities including the desktop reports, print reports and email notifications. The e- Builder Framework is developed using Microsoft .NET technology and is .NET certified by Microsoft. The Framework is built using a Services Oriented Architecture (SOA) and uses Web Services and XML to facilitate the transaction and integration of data across multiple systems (e.g., ERP, accounting, etc.). MINIMUM RECOMMENDED DESKTOP STANDARDS Use of e -Builder can be easily achieved with a computer and internet connection. Performance is typically driven from the speed of your Internet connection as we are a web -based product versus your computer hardware specifications. However, there is a recommended_ base minimum desktop standard to maintain optimal performance:: Confidential 24 SolutionOverview- ScheduleA Builder • Operating System: Windows XP or newer • Internet Browser: Internet Explorer 6.01sp2+ (Recommended IE 7.0+) o Note: Add itional,browsers such as Firefox and Safari do not support the Active X controls required, • Minimum Recommended Connection Speed: 256k or above Processor Speed. 1 Gigahertz and above RAM; 512 Mb, Client Responsibilities The following its a list of responsibilities necessary for the successful completion of this effort. We have used this information to establish the schedule and pricing for the: services articulated within this document.. In the event that an item below does not occur in the manner or time frame shown, such circumstance may constitute a change and may require e -Builder and the client to meet and mutually agree upon an adjustment to the schedule, 'work activities. and price. L The client will make necessary and knowledgeable team members available as needed during the duration of the project. 2. The ;clierrt will make best efforts to ensure the timely resolution to all issues that may impact the scope of schedule within two (2) business days. I The client will make best efforts to ensure the committed participation of all appropriate technical and user personnel throughout the project, including but not limited to periodic status reviews. 4. All necessary content (data, text and graphics) will be provided to e -Builder' prior to the creative processes (if applicable). Confidential 25 Solution Overview — Schedule A u: I3uilder Assumptions The following is a list of assumptions for the e -Builder implementation project. :e- Builder bases the schedule and pricing of services based in part on these assumptions. In the event, an item identified below does not occur in the manner or time frame shown, such circumstance may constitute a change that will require e -Builder and the client to meet and agree upon equitable adjustment of the schedule and price.. 1, Resources provided by the client during the technical and functional sessions must be empowered to make decisions on project direction. 2. The e -Builder implementation team will work jointly with the client team to resolve all issues including those impacting the scope and timeline in a timely manner: 3. Issues that may impact the progress and the schedule will be documented: If the issue is critical, e --Builder will present the issue to the client in writing as quickly as possible, Once the issue is presented in writing the client is expect to respond within two (2) business days. If the issue cannot be resolved within two days, they will notify e -Builder and arrange a meeting with all relevant personnel to resolve this issue. Failure to do so could impact the cost - and schedule of the e -Builder implementation project. 4, Unless specifically identified as deliverables within this document, data migration, integration developmentandcustom reports are not included within the scope of the e -Builder implementation project. These items can be included through the change management process if identified as required items. 5. The client will reimburse reasonable travel expenses for ;any travel associated with the engagement. 6. The client will key in any historical data from past projects to enable historical analysis. 7. All change requests received from this document If approved will'be listed on a contract Addendum or Work Order. This must be signed and accepted prior to initiating additional work by the e-lluilder Professional Services Team. Confidential 26 Solution Overview — Schedule A Implementation Scope Implementation DetailsThe implementation of e -Builder Enterprise Tm Will consist of these detailed components which will be performed with multiple onsite visits with City of Meridian and remotely from e -Builder corporate offices: The implementation will include_ use of the following modules by City of Meridian; • Document Management • Form Management • Process Management • CostManagement • Schedule Management • Capital Planning • Contact Management • Calendar Management • Bid Management • Reporting and Dashboard Engines • Data Import Toolkit Implementation Phases • Initiation wick-offl - This begins the implementation process. This consists of a conference call between City of Meridian and e -Builder Implementation and Sales teams. Prior to the call the Professional Services team will forward via email the e -Builder Implementation Guide that details the implementation process and steps that will be managed during the implementation. The purpose of the Kick-off call is to L Formally transition City of Meridian from the Sales team to the Implementation team, This includes a recap of the purpose for the selection of e -Builder for City of Meridian. R. Introduce the Professional Services Implementation team that will be performing your implementation. iii. Define the success criteria of City of Meridian to achieve a successful implementation and the metrics in which these will be measured. Confidential 27 Solution Overview - Schedule A iv. Discuss potential risks/issues based upon City of Meridian and e -Builder experience, v. Identify City of Meridian project team and their responsibilities. vi. Review the Implementation Guide that :outlines the guidelines and assists in the proper data gathering and delivery prior to the Professional. Services team arriving at the City of Meridian site, vii. <Set dates for the implementation schedule, This Schedule will be maintained by the e -Builder Project Manager in coordination with the City of Meridian Project Manager. Deliverables; (1) Data Gathering Guide (2) Irttplementation Goals and Specific Metrics (3) Initial Implementation Schedule • ,Initiation .(Discovery) - The e -Builder team will perform this _phase on the implementation remotely. This phase is comprised of several scheduled two (2) hour online sessions with City of Meridian users who have been identified during the Kick-off. These ;sessions are to introduce e -Builder, discover specific user level process steps, and validate the data gathering information prior to arriving onsite, These sessions assist the implementation team in defining the business and functional requirements. This will help determine how your current processes will fit within e -Builder. Deliverables; (1) Seven (7) scheduled Online Sessions (2) Finalized Project Schedule Planning (Design) - The e -Builder team typically performs this phase of the implementation onsite with City of Meridian. The implementation team will facilitate a series of sessions over a one to two week period of time, The goal of this phase is the final validation the; information gathered in the Discovery Phase and confirming the final configuration of e -Builder for City of Meridian. Part of this process is to review and confirm each process to be delivered as part of the implementation. These sessions require the involvement of the necessary City of Meridian team members for each session. A detailed agenda of each session will be provided prior to the onsite visit. At the completion of this -phase the implementation team will provide a. Solutions Requirement document that details the e -Builder configuration for City of Meridian. Confidential 28 Solution Overview—ScheduleA -Builder Deliverables: (1) Design Session Agendas (2) Solutions Requirements Document Execution (Configuration) — The e -Builder team will perform this phase of the ,implementation remotely and requires minimal involvement by City of Meridian. This phase includes the configuration of the City of Meridian account per the approved Solutions Requirements document. The City of Meridian defined Administrators will have the ability to modify the configuration and create new items (e.g., Forms, templates, reports, etc.) in the future without e -Builder assistance upon the completion of Administration Training defined In Training phase of the implementation The identified e -Builder configuration for City of -Meridian is currently defined as detailed below: i; General Settings / Filters - 'These settings are ,non -process specific settings that provide City of Meridian with the necessary system procedure and control mechanisms as defined in the Solutions Requirements document. Some key examples as to what is included in this area of configuration are - 1. Logo and color scheme configuration to match. 2 Password Policies — The policy by which you want all users to follow for maintaining their password and password strength. 3. Role -based Views — Throughout e -Builder are views which provide users with the ability to see information by defined criteria instead of viewing all information and having to manually sort or filter,' Examples of these views are: Projects in Closeout, My Meetings in next 2 weeks, Items in My Court. 4. Project Attributes These are defined fields which :are configured within e -Builder to assist with the Client reporting and project/program management. Examples of these attributes are; Square Footage, Project Number, Building, and Project TJpe. ii. Roles and Permission Settings e -Builder security and processes are role -based. As a result, a user is placed into a role(s) and then inherits Confidential 29 Solution Overview ;— Schedule A , Builder the permission access granted to that role(s). Thee Builder team will configure all the identified City of Meridian roles and their defined permission rights. iii, e -Builder Licensed Users Each user who is provided access to ;e- Builder by City of Meridian will be required to be configured. The e- Builder team will configure the identified users and assign them to their roles (which provide their permission access rights). iv, e -Builder Non -Licensed Users (Contact Management) — Non -licensed users can be. stored and accessed in e -Builder and'utilized, as a Contact Directory of all the companies and contacts within each vendor that City of Meridian does business. This contact directory will be created from one (or multiple) files imported into e -Builder from the City of Meridian system(s). e -Builder will provide a formatted MS Excel spreadsheet that the client can place all of their contacts into for import into e -Builder. Typically the contact directory is utilized by the Cost and Bid Management modules in addition to providing the ability of creating project directory of all involved users (licensed and non -licensed). In addition, this contact directory allows licensed users to ,communicate with non -licensed users. Examples of this communication would be; Bend files stored within the Document Management module via email, invite a Bidder to view projectbid information and respond electronically, and send a report via email, v, Document Management This is the creation of a document folder structure(s) with associated role based permissions defining the access rights as to who can view, upload, download and add, sub -folders.. This structure is maintained as a template, which allows it to be easily applied upon the creation of a project to allow project information to be stored in a structured in an ordered manner as defined by City of Meridian. 1. Folder Structure templates to be configured = One (1) vi. Form Management — -The Forms workflow engine allows City of Meridian to standardize the field formats required on forms typically Confidential 30 Solution Overview— Schedule A maintained in a MS Word or IVIS Excel file thatare routed via email for communication (e.g., Project Issue, Invoice Approval, Change Order). This form can then be routed within e-Builder utilizing a "ball-in court" methodology where the initiator of the form determines who needs to take action, where it is then placed in that persons "court".. This form is then tracked with an audit trail as it progresses from person to person through completion. This information can then be reported on at the field level providing transparency and real-time reporting. 1. Form Types to be configured Six (6) 2. Form Types to be provided Sixty (60) 'Out -of -the -Box Form Types Potential Form Types identified during the sales process that could utilize this workflow engine area 1. Architect's Supplemental Instructions (ASI) 2;; Request For Information (RFI) 3. Potential Change Order (PCO) 4,, Submittals (Phis will utilize the Submittal Management module) 5. Meeting Minutes (This will utilize the Calendar Management module) These Form Types may be interchanged for other Form Types during the implementation, This will be managed with the City of Meridian and e -Builder Project Managers during the Initiation and Planning phases; The out-of-the-box Form Types may be modified by City of Meridian after the implementation by their" designated system administrator(s). vii, Process Management - The Process worRflow'engine allows City of Meridian to not only standard' the field formats required on forms typically maintained in a MS Word or MS Excel file that are routed via email for communication (e.g., Project Issue, Invoice Approval, Change Order), but, also automate them to follow a City of Meridian defined workflow. The form is structured to follow this process based upon Confidential 31 Solution Overview — Schedule A Builder City of Meridian defined variables (e.g., approval limit levels, cost or schedule impacts). Additionally, these form types can interact the Cost Management tnodule minimizes duplication of data entry and updating the project cost summary in real-time. This ensures that the process follows this workflow every time which provides an additional level of control and management. As with Form Management, this form is then tracked with an audit trail .asit progresses from person to person through completion, This information canthen be reported on at the field level providing transparency and real-time reporting. 1. Process_ Types to be configured = Five (5) Potential Process Types identified during the sales process that could utilize this workflow engine are; 1. TBD During Discovery These Process Types may be interchanged for -other Process Types during the implementation. This will be managed with the City of Meridian and: e -Builder ProjectManagers during the Initiation and Planning phases. viii. Cost Management - This is the configuration of the Cost Management module which includes setup, of items such as the cost control settings, account codes (budget line items), forecasting and cashflow. The budget structure is maintained as a template(s), which allows it to be easily applied upon the creation of a project to allow the Project Manager to immediately start entering project cost information, The template is structured in an ordered manner as defined by City of Meridian. 1. Cost Structure templates to be configured = One (1) ix. Schedule Management - This is the .configuration of the Schedule Management module which includes setup of items such as the work days/hours and milestones. The schedule structure is maintained ;as a template(s), which allows it to be easily applied upon the creation of a Confidential 32 Solution Overview- Schedule A project to allow the Project Manager to immediately start entering project schedule information. The template is structured in an ordered manner as defined by City of Meridian. 1. Schedule Structure templates to be configured = One (i) Capital Planning - This is the configuration of the Planning module which includes setup of items such as plans, scenarios and escalation percentages, This provides the ability to manage capital plan(s) that link into project scenarios and active projects. In addition to the core configuration, the template(s) are structured in an ordered manner as defined by City of Meridian, 1. Planning Scenario templates to be configured = One (1) x. Report and Dashboard Engines — The reporting and dashboard engines are utilized to present information graphically and segmented/grouped based upon requirements defined with City of Meridian in the Discovery and Design phases of the .Implementation, Unless indicated below, reports and dashboards will utilized the e Builder Reporting and Dashboard engines. e -Builder provides as asupplement to City of Meridian defined reports/dashboards our best -practice reports and dashboard. The reports are a set of approximately seventy (70) reports that have been developed based upon the industry and our :experience with our existing clients. These reports can be utilized immediately: and require no initial configuration by City of Meridian. Examples of these reports Are: 1. Cost Items Requiring My Approval 2. Anticipated Cost Report 3, Contingency Burn Rate 4. Cash Flow (Program Summary, Grouped by Month) 5. % of Total Budget Committed 6. Change Order (Project Sum Grouped by Reason Code) 7, Document Log 8. Critical Tasks (Program Summary, Grouped by PM) Confidential 33 Solution Overview - Schedule A Builder The dashboard e -Builder provides is an Adoption dashboard. This dashboard provides visibility to City of Meridian to ensure the system is being utilized by their team. 1. Number of reports to be configured = Eight (8) 2; Number of 'dashboards to be configured (Up to 6 graphs ;per dashboard) = One (1) xi. Data Import Toolkit — e -Builder will provide the Import Toolset, Toolset guides and training on the tool for City of Meridian. These tools and training will provide City of Meridian the ability to import key project information from existing systems (e.g., =Lawson, MS Access, etc.). The import tools being included as part of this deliverable are; 1. Pxpject Import, —Ability to import core project information (e.g., Project Name, Project Number, project attributes), 2. Form Import -- Ability to import form fields and information (e.g.,- Request For Information, Project Issues, etc.) 3. Cost Import Ability to import cost detail for project(s) (e.g. budget, budget changes, commitments (contracts), change orders, invoices and journal entries), The provided fools will require: City of ',Meridian to extract the data from their existing system and format the data to the Import Toolset criteria. The Schedule A encompasses the Import Toolset, the associated training and guidance on the mapping of the information from other applications to e -Builder. City of Meridian will perform the data import activities from any other application(s). City of Meridian May decide during the implementation to request e -Builder to perform any identified data transfer or data migration. If requested, the scope of work and associated investment will be determined and presented to City of Meridian. 1.Import Toolset 2,lmport Toolset Guides Confidential 34 Solution Overview -Schedule A Builder Ilmport'Toolset Training (Up to 3 users) Deliverables: (1) Configured e -Builder Environment per approved Solutions Requirements • Control (Trainine) :- The e -Builder team typically performs this phase ofthe implementation onsite with City of Meridian. The success of any software or technology implementation hinges on; a quality education program that is tailored to a specific process or processes. The project team will be changing the way they work —>so it is critical that we are sensitive to the change and work to make the transition as, smooth as possible, The implementation team Will educate the team in the features and functions of the software but more importantly, how the: system is used for your processes. During this phase Administrator and User training will be performed. The Administrator training will be for City of Meridian identified users who will be accountable for maintaining e -Builder ,post -implementation. These users will be trained on the detailed aspects of the setup and configuration of e Builder. They will be able to perform such key tasks as: create new projects, users, reports, and workflows. They will have the ability to modify e -Builder as City of Meridian processes change moving forward. User training will be provided to City of Meridian users in a series of sessions over multiple -days, This training is process/role based zand users may not have to attend every session. The implementation team will provide a training agenda to City of Meridian which will detail the sessions and users who need to attend each session. Deliverables: (1) Detailed User Training Content & Delivery (Up to 20 users) (2) Administrator Training Content & Delivers,/ (Up to 3 users) Closure (Adoption) - The, e -Builder team typically performs this phase of the implementation remotely. Following the rollout of e -Builder, our team will review the system use and initiate calls to users to collect any feedback or lessons learned and to provide any additional training as needed. The feedback and lessons learned will be used to modify the process or configuration as needed so that it is optimized, Confidential 35 Solutlon Overvlew — Schedule A (--Builder_ The implementation team will be coordinating with the City of Meridian Project Manager of any findings and what solutions e -Builder recommends. This phase typically takes thirty (30) to ninety (90) days. This phase is not complete until the City of Meridian success criteria defined in the Initiation phase is agreed upon as achieved. Deliverables; (1) Client Sign -off Confidential 36 Solution Overview— Schedule A }Builder e -Builder Software Licensing Scope e -Builder Enterprise'rM Software License: The proposal is for a 30 user licenses of e -Builder Enterprise TM and can be used with unlimited projects and unlimited data storage. Users can be City of Meridian employees or partners and vendors that work with Client in the development, and construction of its projects. The license includes =full use of e -Builder Enterprise'TMincluding all of the modules provided above. Furthermore, the License provides the e -Builder software as a service including: • ,All hosting, operation, maintenance and data backup of e -Builder Enterprise W software as well as your data in our state-of-the-art data centers located throughout the United States. • Unlimited phone, email and web based support 24x7. • Proactive account monitoring and management to drive maximum adoption and ensure that you maximize your return on investment. Confidential 37 Solution Overview — Schedule A 4. Builder Investment Summary The following details the investment summary associated with the purchase of e Builder, item I Scope Welabies I Prim :Software License Numbar of Users. 30 $32,265 AddlllonalCost Per User Upense $1,195.00 Total Annual License $32,265 IMplementatlon: Initial s•Bullder lmplealentallon $84,118 Total Initfal Implementation $84,11B Payment Terms: Payment of the 10 year license cost is due union signing of this agreement. 50% of the Implementation and Additional Services investment is due upon signing and the remaining 50% is due upon completion of the training; Travel and Expenses: Travel expenses ,and course material reproduction (if requested) are not Included in the above investment. These expenses are billed as incurred as actual and will he reimbursed per the City's Travel Policy. Note: The investment summary is considered valid for 90 days from the publication of the Schedule A. Noir-approval of the Schedule A by the client within thistimeframe will result in the redefinition of the investment summary, Confidential 38 Solution Overvlew— Schedule A 'Builder Acceptance This Solution Overview - Schedule A and the Service Agreement constitute the complete understanding between the parties with respect to terms and conditions. The terms and conditions in this Solution Overview Schedule A and the Service Agreement will control over any terms and conditions in any solicitation, request for proposal, proposal, purchase order, acknowledgement or other written form, except for a Contract Addendum signed by both parties. CITY OF MERIDIAN BY: TAMMY de WEAYOR ` 2 Dated: 3 0lz- Approved by CounoiC -7 ¢Qp4pTenAUQ& Attest:city of �o , SEAL, f 16 THE &0%i Purchasing Approved BY: KEIT TT , PURCHAS-INO MANAGER Dated: 3/�// E-B 'Iden, Incorp ted BY: Dated: is ;i `irlc ��s1 NAME: WA4ziLt�PJ TITLE; i nuc zn➢r_kpcno_N1rNJ/lCr� 2 Dated: Confidential 39 Solution Overview Schedule A E -BUILDER SERVICE AGREEMENT e -Builder, Inc. whose address is 1800 NW 691h Avenue, Suite 201, Plantation, FL 33313 ("e -Builder') and City of Meridian, ID whose address Is 33 E Broadway Ave # 200 Meridian, Star, ID 83642.2619 ("Customer') agree Friday, February 17, 2012, as follows: 1. TERM. This Agreement shall continue fora period of 24 months commencing 1/31/2011. This Service Agreement shall automatically renew for additional 12 month terms (the "Renewal Term(s)") at the end of the Initial Term or each Renewal Term unless either of the parties shall provide written notice to the other terminating this Service Agreement or the parties shall agree to a different Renewal Term not less than 30 days prior to the end of the Initial Term or each succeeding Renewal Term, as the case may be. Fees for Services for each Renewal Term shall be at e -Builders standard rates in effect on the first day of each Renewal Term and shall not be Increased by more than 5% of the previous 12 month term. 1.2.1 FUNDING. It is expressly understood and agreed that the obligation of the City of Meridian (City) to enter into and to continue this Agreement is conditioned upon the appropriation of funds by the Meridian City Council. If at any time the Meridian City Council fails to appropriate funds the City shall have the right upon ten (10) working days written notice to E -Builder, to terminate this Agreement without damage, penalty, costs or expenses to the City of any kind whatsoever. e -Builder will be entitled to payment for all services rendered up to the date of termination. 2 SERVICES 2.1 Services. e -Builder agrees to provide the services and the equipment described in Schedule A attached hereto (the "Services") to Customer subject to the terms and conditions of this Agreement in consideration for the payments as set out in Section 3 hereof during the initial term and any Renewal Term. Customer acknowledges that e -Builder Enterprise" software may be modified or upgraded from time to time and that Services and Customer Support shall only include the use of the most recent version of e -Builder Enterprise"'. 2.2 License of Software, Customer's right to, Use the Services (including, without limitation, the limited license to use e - Builder E— n�software) is limited to the restrictions contained herein, including those related to the number of. users, projects and period of use. The Customer acknowledtges that title to and copyright in the software applications supplied by e -Builder (including e -Builder Enterprise"') are reserved by e -Builder. Customer acquires no right in any software, copyrights, patents or any other intellectual property belonging to or licensed by e -Builder other than the specific limited rights to the Services, e -Builder is and shall remain the sole owner of all copyrights, trademarks, patents and other proprietary rights In and to all aspects of the Services (including, without limitation, all software, code and designs used in providing the Services). 3, PAYMENTS. The Customer shall pay to e -Builder the annual fees at the rates outlined in Schedule A attached hereto for the Services and Equipment. Payments more than 30 days overdue shall bear interest at the rate of 1,5% per month. e -Builder shall be entitled to recover its reasonable attorney's fees incurred in the collection of any sum due under this agreement. Unless otherwise indicated on the Schedules, all dollar amounts referred to In this Agreement are In U.S. Dollars. The Customer covenants and agrees to pay all federal, state, and municipal assessments, fees and taxes (collectively called the "Taxes") except those based upon e -Builder's Income or net worth, which may now or hereafter be imposed or levied upon the sale, purchase, ownership, maintenance, supplies, transportation, Installation, other charges, rental, lease, possession or use of the Services and Equipment. The Customer agrees to reimburse and to indemnify and hold e -Builder harmless from and against all Taxes. 4. WARRANTIES 4.1 Representations Customer represents, warrants and covenants the following to e -Builder: (i) Customer currently possesses all necessary licenses, permits, insurance and approvals required validly to execute, deliver and perform its duties under this Agreement and is qualified to do business in all jurisdictions where such qualification is required for Customer's performance of its duties under this Agreement, (ii) To the best of its knowledge and ability, Customer will comply with, and will use its best efforts to cause each subcontractor it may engage to comply with all applicable federal and state laws and regulations in performing its and their respective responsibilities under this Agreement and any subcontracts, and (iii) No information provided to e -Builder or disseminated through its software or systems shall infringe on or violate any trademark, copyright, trade secret, right of publicity or privacy (including but not limited to defamation), patent or other proprietary right of any third party. 4.2 Disclaimer of Warranty and Limitations of Liability. E -BUILDER DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM E -BUILDER'S NETWORK AND OTHER PORTIONS OF THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT CUSTOMER'S CONNECTIONS TO THE INTERNET (OR PORTIONS THEREOF). ALTHOUGH E -BUILDER WILL USE COMMERCIALLY REASONABLE EFFORTS TO TAKE ALL ACTIONS IT DEEMS APPROPRIATE TO REMEDY AND AVOID SUCH EVENTS, E -BUILDER CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR, ACCORDINGLY, E -BUILDER DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS. Version 1.1 (215/01) E -BUILDER SERVICE AGREEMENT EXCEPT FOR THE WARRANTIES SPECIFICALLY AND EXPRESSLY MADE HEREIN, E -BUILDER MAKES NO WARRANTIES EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR WARRANTIES OF FITNESS, AND ALL SUCH WARRANTIES ARE DISCLAIMED. FOR ANY ONE OR MORE BREACH OF THIS AGREEMENT OR DEFAULT HEREUNDER, THE ENTIRE LIABILITY OF THE PARTY IN BREACH OR DEFAULT, AND THE EXCLUSIVE REMEDY OF THE OTHER PARTY, SHALL BE PAYMENT OF THE ACTUAL DAMAGES PROXIMATELY CAUSED BY SUCH BREACH OR DEFAULT, WHICH SHALL NOT EXCEED THE AMOUNT OF ONE (1) MONTH'S FEES PAID BY CUSTOMER HEREUNDER. IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, LOSSES, OR EXPENSES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, FAILURE TO REALIZE EXPECTED SAVINGS OR ANY OTHER COMMERCIAL OR ECONOMIC LOSS OF ANY KIND ARISING OUT OF OR RELATED TO THIS AGREEMENT. THESE LIMITATIONS ON THE LIABILITY OF EITHER PARTY SHALL APPLY TO ANY AND ALL CAUSES OF ACTION THAT EITHER PARTY MAY HAVE AGAINST THE OTHER, IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTION UNDERLYING A CLAIM, DEMAND OR ACTION, INCLUDING, WITHOUT LIMITATION, WHETHER IT SOUNDS IN CONTRACT OR TORT, BUT SHALL NOT APPLY TO OR LIMIT SUMS DUE HEREUNDER TO E -BUILDER FOR SERVICES. 4.3 Indemnity. Customer agrees to indemnify, defend and save harmless e -Builder, its officers, directors; employees or agents from and against any claims made upon e -Builder by any third party, arising out of information or software provided by Customer or actions of Customer, its employees, agents or invitees. 5. CONFIDENTIALITY. Confidential Information refers to all nonpublic information provided by one party to the other. The Parties agree that, except to the extent necessary to implement the terms and conditions of this Agreement, when authorized in writing by the other Party or when otherwise required by law: (i) each Party will preserve and protect the confidentiality of the other Party's Confidential Information; (ii) neither Party will disclose to any third party the existence, source, content or substance of the other Party's Confidential Information, or make copies of such Confidential Information except as required by this Agreement; (iii) neither Party will deliver the other Party's Confidential Information to any third party, or permit such Information to be removed from the premises of the Party receiving such information; and (iv) each Party shall advise any of its employees or agents working on or having access to the other Party's Confidential Information of the confidentiality of such information. 6. MISCELLANEOUS 6.1 Govemino Law and Venue. The validity, construction, and performance of this Agreement shall be governed by the laws of the State of Idaho. Exclusive venue for any action arising hereunder shall Ile In Ada County, Idaho. 6.2 Notices. All notices required or permitted to be sent pursuant to this Agreement shall, unless otherwise specifically provided, be in writing and shall be deemed given when delivered personally or by facsimile, overnight air courier or certified mail (postage prepaid, return receipt requested), to the addresses shown above or such other substitute address designated In writing. 6.3 Force Majeure. Notwithstanding any other provision of this Agreement, if by reason of Force Majeure, any Party is unable to perform certain of its obligations under this Agreement, it shall be automatically relieved of those obligations to the extent, and for the period of time, that such Party is prevented from meeting them by Force Majeure. <Signatures on Page 3> CITY OF MERIDIAN E -Builder, Incorporated Version 1.2 (12/21/09) Page 2 E -BUILDER SERVICE AGREEMENT CITY OF MERIDIAN BY: TAMMY de W EER, AYOR Dated: 3 --7- aC>1 a Approved by Council: A.Ah / ?QloZ- Attest:I<&1 D �1'^ J �o Purchasing Approved BY: KEIT ATTS,.P RC ASIN ANAGER Dated:/ Z Version 1.2 (12/21/09) Page 3 E-eu er, Incorpor ted BY: Dated: SEAL a,n BY: s NAME: (��nt>nl f��fcJlra2 TITLE: �nrznJ> Fi�zNe AA lhel�l� Dated: Z-41?1 1 L Meridian City Council Meeting DATE: March 7, 2012 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Award of Bid and Agreement for "Meridian City Hall Remediation Roof Repair / Replacement" to Modern Roofing for the Not -To -Exceed Amount of $302,893.00 and Authorize the Mayor to Sign and the City Clerk to Attest MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Memo To: Jaycee Holman, City Clerk From: Keith Watts, Purchasing Manager CC: Jacy Jones, Ted Baird Date: 2/29/12 Re: March 7 City Council Agenda The Purchasing Department respectfully requests that the following item be placed on the March 7r City Council Consent Agenda. Award of Bid and approval of Agreement for "Meridian City Hall Remediation Roof Repair/Replacement' to Modern Roofing for the Not -To -Exceed amount of $302,893.00. This Agreement is the result of the formal Invitation for Bid issued January 23, 2012 and opened February 15, 2012. Three bids were received. Recommended Council Action: Approval of Agreement to Modern Roofing in the Not -To -Exceed amount of $302,893.00 and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration 0 Page 1 #AIA Document A132'" - 2009 Standard Form of Agreement Between Owner and Contractor, Construction Manager es Adviser EdNon AGREEMENT made as of the Sixteenth day of February in the year Two Thousand Twelve (!n wards, ind1foate dqy, month and year.) ADDITIOM AND DELETIONS: BETWEEN the owns added Information needed for Its (Name, legal status, address and other ipeormatior) completion, The author may also have revised the led of the original City of Meridien _ - AIA standard forms An Addldoea and 33 East Broadway Avenue DOW01ra Report that notes added Meridian, Idaho 83642: Infortration as well as revlelone to the and the Contractor: )Vame, legal status, address and other information) Quality'lile Roofing, Inc. dba Modem Roofing 8620 West Franklin Road Boise, Idaho 83709 Telephone Number: 208-322-2500 Fax Number; 208-322-2543 for the fohowing Project; (Name, location amidetaikd description) Meridian City Hall Remediation - Roof Repair / Replacement 33 East Broadway Avenue Meridian, Idaho 83642 The Construction Manager: Agreement Between Owner and (Name, legal stafug address and other information) Construction Manager as Adviser. AIA DocumentA292cl-2009 Is - Kreizenbeck, LLC DBA Kreizenbeck Constructors, Other adopted In this document by 251 Bast Front Strad - reference. Do not use with other Suite 110 general condtilons:untesa this Bolsa, Idaho 83702 document Is modified., The Architect (Name, legol matag address and other information) ZdA Architects & Planners 565 West Myrtle Street Suite 225 Boise, Idaho 83702-7606 Telephone Number: (208) 345-8872 Fax Number: (208) 343-7162 AIA Document A16291- 2009 misriy A101" Cles —7092). Copieighl01076.1066.1002 and 2009 by The Amerian Institute of AmMucts. AN rights Init Ieeerved. WARNING: This AIA�Documant Is protected by U.S. Copyright Law and Intemadonal Trestles, Unauthorized reproduction ordlsMbudon of t4 AIAe Document, or any portion of ft, may result In mere civil anderiminsi penalties, and will be prosecuted to the maximum extant possible under t lei law. This doaarler0wee produced byAIA saftars at 11:62:16 on 02129/2012 under OrderNo.6907,120/00_1 which egdles on 01n7f7A17, and le not for fasal9. Wer Now: (976261243) The Owner and Contractor agree as follows. AJA Dmument A132^ —260a Lf morly A101 mCMe-19921. CopyftMO 1975.19M, 1092 9nd 2ooe by The Amedaan lnaUtuts of Architects. All rights Ink mxvI WARNING: Thla AIA` Document Is protected by U4 Copyright Law and International Treatise. Unauthorized reproduction ordlstdbuWh of Z this AJA Document, or any potion of It may result in severe civil and criminal penames.and will be prosecuted to the maximum"Uht possible under the law. This dowmsntwas produced by AIA software at 11:92:10 on 02J29/2012 under Order No.9907428900 1 which wares on 01117013, and Is notfor >raule. UserNotesi (979291243) - TABLE OF ARTICLES 1 THE CONTRACT DOCUMENTS 2 THE WORK OF THIS CONTRACT 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 4 CONTRACT SUM 5 PAYMENTS B DISPUTE RESOLUTION 7 TERMINATION OR SUSPENSION 8 MISCELLANEOUS PROVISIONS 9 ENUMERATION OF CONTRACT DOCUMENTS 10 INSURANCE AND BONDS ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, Conditions ofthe Camtract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution ofth(s Agreement, all of which form the Contract, and are as fully a part of the Contract as if attached to this Agreement or repeated herein, The Contract represents the entire and Integrated agreement between the parties halo and Supersedes prior negotiations, representations or agreements, either written or oral. An enumeration of the Contract Documents, other than Modifications, appears in Article 9, ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor Shell fidiy execute dna Work described in the Contract Documents, except as specifically indicated in the Contract Documents to be the responsibility of others. ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION § 3.1 The date of commencement ofthe Work shall be the date of this Agreement unless a different data is stated below or provision is made for the date to be fixed in a notice to proceed Issued by the Owner, (Insert the date afcommencermnt (fit didersfhom the date of this Agreement or, (fopplicable, state that the date 1v4/1 beflxed in a notice toproceed) The commencement date will be fixed in a notice to proceed, If, prior to the commencement of the Work, the Owner requires time to file mortgages, mechanics' liens and other security interests, the Owner's time requirement shall be as follows: § 3.2 The Contract Time shall be measured from the date of commencement 3.3 The Contractor shall achieve Substantial Completion of the entire Work not later than ( ) days from the def of commencement, or as follows: (Insert number of calendar dry Alternatively, a calendar date miry be hued when coordinated Wth the dale of commencementt tfappropr{ate, insert requirementsforearlier Substantial Completion gfeertain por#ons ofthe Work) The Contractor shall achieve Substantial Completion of the entire Work not lair than August 8, 2012. AIA Document A102o'-2009 many Aiol"'CMa- 1699). copyright 01975,1980,1992 and 2000 by The Amerkan lnedtate ofAroNtwis. AN �h91 Ink rsisrvul WARNING: This AIN Document Is protected by U.9. Copyright Low and lntemallonal Trestles. Unauthorized roprodaodon ordle butl000r a thIsAIA Document, or any porton of k may result In severe civil and criminal penanles, and will be prosecuted to the maximum extentpaseibie under t tha law. This doaimenlwae produced by AIA Beware st 11:52.18 on 02/29)2912 under Order No.990742880G 1 whleh e)gea on 01117013, and Is netfor resale. Uwr Notes! -(978251240) - Portion of the Work subject to adjustments of this Con (Insert provisions, (fany, for liquia Substantial Completion Date -as provided in the Contract Documents. 2ges relatingtofalhtre to achieve Substantial Completion on rime orfor bonus prlymentsforearly completion ofrhe Work) In the event the Contractor, without excuse, fails to achieve Substantial Completion within the Contract Tlme, the Contractor shag pay to the Owner as liquidated damages, and not as a penalty, the sum of One Thousand Dollars (51,000.00) or V/101e ofthe Contract Value (whichever is greater) for each and every calendar day following the end of the Contract Time until Substantial Completion Is achieved; provided that the Contractor shall riot be liable for liquidated damages for a day, or days of the excusable delay occurring during such period following the end of the Convect Time. ARTICLE 4 CONTRACT SUM 4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract, The Contract Surn shall be one of the following: (Check the appropriate box.) [ X [ Stipulated Sum, in accordance with Section 4.2 below I ] Cost of the Work plus the Contractor's Fee without a Guaranteed Maximum Puce, in accordance with Section 4.3 below I ) Cost of the Work plus the Contractor's Fee with a Overanteed Maximum Price, in accordance with Saxton 4.4 below (Based on the selection above, complete Section 4.2, 4.3 or 4.4 below. Based on the selection above, also complete either Section 5.1,4, 3.1.5 or S.1.6 below.) 14.2 Stipulated Sum § 4.2.1 The Stipulated Sum shall be Three Hundred Two Thousand Eight Hundred Ninety-three Dollars and Zero Cents ($ 302,893.00), subject to additions and deletions as provided hi the Contract Documents. § C2.2 The Stipulated Sum is based on the following alternates, Ifany, which are described in the Contract Documents and are hereby accepted by the Owner: (State the numbers or other 14mWation of accepted alternates. {f the bidding orproposal documents permit the Owner to accept other alternates subsequent to the execution of this Agreement, attach a schedule of sack other alternates showing the amount for each and the date when that amount expires) NIA § 4.2.3 Unit prices, if any: (Identify and state the unit price, and state the quantity limitations, (f any, to which the unit price will be applicable.) Item Units and Lhnitations Price per Unlit (S&00) 4.2.4 Allowances Included In the Stipulated Sum, If arty: (Ideritlfy allowance and state exclusions, Yarm from the allowance price.) Item Allowance 4.3 Cost of the Work Plus Contractor's Fee without s Guaranteed Maidrawn Price § 4.3.1 The Contract Sum is the Cost ofthe Work as defined in Exhibit A Determination of the Cost oftho Work, plus the Contractor's Fee.' .Ink. AGDooum"tA132TM reserved, WARNING: 7 :this AIA' DOWMA of t :thbkW.This dooumeni ends. IHa Miss: (875251243) 4 § 412 The Contractor's Fee: (State a lump sun; percentage of Cost of the Work or otherprovlsionfor determining the Contractor's Fee.) § 4.3.3 The method of adjustment of the Contractor's Fee for changes in the Work; § 4.3.4 Limitations, Ifany, on a Subcontractor's overhead and profit for increases in the cost ofits portion ofthe Work: § 4.3.5 Ran tsl rates for Contractor -owned equipment shall not exceed percent ( */a) of the standard rate paid at the place of the project. § 4.3.0 Unit prices, if any: (Identify and state the unit price; state quantity limitations, if any, to which the unit price will be applicable.) Rem Unite and Umltations Price per Unit ($0.00) § 4.3.7 The Contractor shell prepare and submit to the Construction Manager for the Owner, In writing, a Control Estimate within 14 days of oxecilting this Agreement. The Control Estimate shall include the items in Section AA of Exhibit A, Determinsdoq of the Cost of the Wark 4 4.4 Goat of the Work Plus Contractors Fee With a Guaranteed Mtudmum Price § "'I The Contract Sum is the Cost of die Work as defined In Exhibit A, Determination of the Cost ofthe Work plus , the Contractor's Fee. § 4.4.21be Contractor's Fee (State a lump sum, percentage gfCost ofthe Work or otherprovision for determining the Contractor's Fee.) § 4.4.3 The method of adjustment of the Contractor's Fee for;changes In the Works 4.4.4 Limitations, ifany, on a Subcontractor's overhead and profit for increases in the cost ofits portion of the Work: 4.4.5 Rental rates for Contractor -owned equipment shall not exceed percent( %) of the standard rate paid at the place of the Project. § 4.4.0 Unit Prices, if any: (ldent(f and state the unit price, and state the quantity limitations, (fare; to which the unit price will be applicable.) Item Units and I.Imltadons Price per Unit ($0.00) 4.4.7 Guaranteed Maximum Pdce § 4.4.7.1 The sun of the Cost ofthe Work and the Contractor's Fee is guaranteed by the Contractor not to exceed ($ ), subject to additions and deductions by changes in the Work as provided in the Contract Documents. Such maximum AIA Document A132n-2009 rormerlyA101wCIOs-11992).Copydght01975,1960,9992 and 2009 by The AmericanlnstlluleolArddlecle.All lights tbM. reserved. WARNING: Thle AIA7 Document to protected by US. Copyright Law and Intersaaonal Treadles. t hauthort;W reproduction mdbWbuaon of .tap AIA* Document, of any podlon or @. may roWk Id severe chill and cdminel penalties, and will be prsseomMd to the matlmum stent poselble under t the law. This doeumentwas produced byAlA software at 11:6916 on 0212a2012 under Order No.59D7420606 1 which exp4es on 01117/1013, and Is riot for {eesle. User No4s:. - (87526123) (Insert spec0c provisions jfthe Contractor is to participate tr) any savlugs.) § 4.4,7.2 The Guaranteed Maximum Price is based on the following alternates, if any, which art described in the Contract Documents and are hereby accepted by the Owner; § 4A.7.3 Allowances included In the Guaranteed Maximum Price, if any. (Identify and state the abrounts gjatfy allowances, and state whether they Include labor, materials, or both.) Item Allowance § 4.4.7.4 Assumptions, if any, on which the Guaranteed Maximum Price is based: ARTICLE 6 PAYMENTS § 11 Progress Payment §6.1.1 Basad upon Applications for Payment properly submitted to the Construction Manager by Contractor, and upon certification of the Project Application and Project Certificate for payment or Applicedon for Payment and Catificate for Payment by the Construction Manager And Architect and issuanceby the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere In the Contract Documents. § 6.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the Month, or as follows: § 6.1.3 Provided that an Application for Payment Is received by the Construction Manager not later than the Twenty-fifth day of a month, the Owner shall make payment ofthe certified amount in the Application for Payment to the Contractor not later than the Twenty-fifth day of the following month. If an Application for Payment Is received by the Construction Manager after the application date fixed above, payment shall be made by the Owner not lata than Thirty,( 30 )'days after the Construction Manager receives the Application for Payment. (Federal, state or local laws may require prryrnent within a certain period 4fdme.) 6.1.4 Progrttea PaymeMta Where the Contract Sum la Based on a Stipulated Sum 6.1.41 Each Appgcatioa for Payment shall be based on the most recent schedule of values submitted by the Contractor and epprovod in writing by the Construction Malaga and Architect N accordance with the Contract Documents. The schedule ofvalues shall allocate the entire Contract Sum among the Various portions of the Work and be prepared in auch form and auppoRed by such data w substaztbate its accuracy as the Coashvct on Manager and Architect may require. This 81adule, when, and only when, approved in writing by the Construction Manager or Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment. § 6,1.4.2 Applications for Payment shall show the percentage of completion of each portion ofthe Wok as of the end of the period covered by the Application for Payment. § '6.1,43 Subject to the provisions ofthe Contract Documents, the amount ofeach progress payment shall be computed as follows: 1 Take that potion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the total Contract Sum allocated to that portion of the Work in the approved schedule of values, less retainage of Five AU Document A162TM - 200anfreemtady Aitil-CAL -1092). CopydehtO 1676,1980,1692 and 2008 by The Amedcan InsBtute dArchibrots, AN dente IoM. reserved. WARNING: Thle AIAy_Cocument Is protected by U.B. CopydBht Law and International Treaaee. Unauthorized reproduction or distribution of 8. this AIA* Document, or any portion of N, may result In severe dva and odminal ponaaes, and will be prosecuted to the maximum extent posalble under t the law. This document was produced by AIA software at 11:62:18 on 0212012012 under order N0.A807428600 1 WhM eons on 0111712013, and Is not for resale. User Nowt - (076281243) petrorat ( 5.00 eh). Pending final determination of cost to the Owner of changes in the Wok, amounts not in dispute may be Included as provided in Section 1.3.9 of the General Condition; as modified .2 Add that portion ofthe Contract Sum properly allooable to materials acid equipment delivered and suitably stored atthe site for subsequent incorporation in the completed construction (or, if approved in Writing In advance by the Owner, suitably stored off the site at a location agreed upon In writing), less retainage ofFive percent ( 5.00'%); ;9 Subtract the aggregate of previous payments mads by the Owner; 4 Subtract amounts, if any, for which the Construction Manager or Architect has withheld or aulfified a Certificate for Payment as provided in Section 9.5 of the General Conditions, as modified; and .6 Subtract amounts, if any, being withheld by the Owner or Construction Manager as provided in the Contract Documents. Q iw1A.4 The progress payment amount determined in accordance with Section 5.1.4.3 shall be fiuther modified under the following circumstances: 1 Add, upon Substantial Completion of the Work; a sum sufficient to increase the total payments to Ninety-five percent ( 95.00 %) of the Contract Sum, less such amounts as the Construction Manage recommends and the Architect determines for Incomplete or defective Wok, or both and unsettled claims; and .2 Add, if final completion ofthe Work is thereafter materially delayed through no fault ofthe Contractor, any additional amounts payable In accordance With Section 9.10.3 ofthe General Conditions, as modified. § b.1.4.5 Reduction or limitation of retainage, if any, shall be as follows: (Ifit 1s lnrended prior to Substantial Completion q/'the entire Work to reduce or limit the retainage resultingJivin the percentages Inserted in Sections 5.1.4.3.1 and 5. LA3,2 above, and this is not explained elsewhere in the Contract Documents, insert here provisions for such reduction or limitation) No reduction in retainagewill be allowed prior to final completion without written approval of the Owner. § &1.4.8 A condition Will be include_ d forbidding more retainage from a contractor or supplier than retained from their portion ofthe Work § 6.1.5 Progress Payments Where the Contract Sum Is Based on the Cat of the Work Without a guaranteed Mndmum Price § b.1.5.1 With each Application for Payment, the Contractor shall submit the cost control information required in Exhibit A, Determination of the Cost of the Work, along with payrolls, petty each accounts, recelpted invoices or invoices with check vouchers attached and any other evidence required by the Owner, Construction Manager or Architect to demonstrate that cash disbursements already made by the Contractor on account of the Cost ofthe Work equal or exceed (1) progress ?syments atready received by the Contractor; loss (2) that portion of those payments attributable to the Contractor s Pet; plus (3) payrolls for the period covered by the present Application for Payment § 5.1,6.2 Applications for Payment shall show the Cost ofthe Work actually Inured by the Contractor through the end of the period covered by the Application for Payment and for which the Contractor has made. or intends to make actual payment prior to the next Application for Payment. § 6.1.6.9 Subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: .1 Take the Cost of the Work as described in Exhibit A, Determination of the Cost of the Wok; ,2 Add the Contractor's Fee, less retainage of percent( a/o). The Contractor's Fee shall be computed upon to Cost of the Work described in that Section at the raft stated in that Section; or if the Contractor's Pee Is stated as a fixed sum, an amount which bears the same ratio to that fixed -sum Fee as the Cost of the Wok bears to a reasonable estimate of the probable Cost of the Work upon Its completion; .9 Subtract retainage of peroent ( %) from that portion of the Wok that the Contractor self -performs; .4 Subtract the aggregate of previous payments made by the Owner; .6 Subtract the shortfall, If any, Indicated by the Contractor In the documentation required by Article 5 or resulting from errors subsequently discovered by the Owner's auditors In such documentation; and AIA Document At22*0-7000xmm � ery AICINGMa— 1002). Copyright 01076.1000,1902 and Was by The ;American lna8gris olArchllxb. All rights, - rink oeervad. WARNING: This AIA' Document is pmtwW by U.B. Copyright Low And imerrlatlonai Treaties;umwthod:sd..reproduction or dletrlbuaon of this AlAe Document, or any orllon or It. low result In sevsnn civil and criminal pinaltles, and will be prosecuted to the mexbnum extent possible under - t the law. This dowmentwas prrnducad by AIA sollware at 11:02:18 on 02x10/2012 under Order N0.50474281100_1 Which shoes on 01/17/2077, and b nottot - r6iNe. User Not": (676261243) § 6.1.6.6 Except with the Owner's prior approval, the Contractor shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the sitz 6.1.6 Progress PaymsMs Where the Contract Sum Is Bated on the Cost of the Work With a Guaranteed Maximum Price § 6.1,6.1 With each Application for Payment, the Contractor shall submit payrolls, petty cash accounts, recelpted invoices or invoices with check vouchers attached, and any other evidence required by the Owner or Architect to demonstrate that cash disbursemalts already made by the Contractor on account ofthe Cost ofthe Work equal or exceed (1) progress payments already received by the Contractor; less (2) that portiorofthose payments attributable to the Contractor's Pee; plus (3) payrolls for the period covered by the present Application for Payment, § ;6,1.6.2 Each Application for "cat shall be based on the most recent schedule of values submitted by the Contractor in accordance with the Contract Documents, The schedule of values shall allocate the entire Contract Sum among the various portions ofthe Work and be prepared in such form and supported by such data to substantiate its accuracy as the Construction Manage and Architect may require. This schedule, unless objected to by the Construction Manager or Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment. i 5.1,6.9 Applications for Payment shall show the percentage ofcomplation of each portion ofthe Work as ofthe end of the period covered by the Application for Payment The percentage of completion Shall be the lesser of (1) the percentage of that portion ofthe Work which has actually been completed; or (2) the percentage obtained by dividing (a) the expense that has actually been Incurred by the Contractor on account of that portion of the Work for which the Contractor hes made or intends to make actual payment prior to the next Application for Payment by (b) the share of the Guaranteed Maximum Price allocated to that portion of the Work in the schedule of values. § 5,1.6.4 Subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: .1 "Take that portion of the Ouaralneed Maximum Price properly allocable to completed Work as determined by multiplying the percentage ofoomplotion ofeach portion ofthe Work by the share ofthe Guaranteed Maximum Price allocated to that portion of the Work in the schedule of values. Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute shall be included as provided to Section 7.3. 10 of AIA Document A232-2009; ,2 Add that portion of the Guaranteed Maximum Price properly allooable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work, or if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing; .3 Add the Contractor's Fee, less retainago of percent ( %). The Contractor's Pee shall be computed upon the Cost of the Wok at the tate stated in Section 4.4.2 or, if the Contractor's Fa Is stated as a fixed sum in that Section, shall be an amount that bears the same ratio to that fixed -sum fee as the Cost of the Work bars to a reasonable estimate of the probable Cost of the Work upon its completion; .4 Subtract retainage of percem ( %) from that portion of the Wok that the Contractor self -performs; ,5 Subtract the aggregate of previous payments made by the Owner•, AIA Document A1a2m-2809 o rmsdy A101molls -1992). Copytpht01910.1980,1902 and 2009 by The American Insects of Architects. NI dohs InR 1001". WARNING: This AIX 'Document Is protected by U.e. Copyright Law and International Trestles. Urlsuamtzed reproduction or dlsWb0don of 8 this AlA Document crany portion of it,lnwyresult In seven civil and criminal penalties, and will be prosecuted to the maximum extentpoulble under the law. This docume,twas produced byAiA soawera at 71:62:18 on DMW2019 under Order No,6907e29800_1 which **he on 01H7/ I% and Is notfor mala. ` 876261249 .6 Subtract die shortfall, if any, indicated by the Contractor In the documentation required by Section 5.1.6.1 to substantiate prier Applications for Payment, or resulting from a rors subsequently discovered by the Owner's auditors In such documentation; and .7 Subtract amounts, Ifany, for which the Construction Manager or Architect have withheld or nullified a Certificate for Payment as provided in Section 9.5 of AiA Document A232-200. § 5,1.6.5 The Owner and the Contractor shall agree upon a (1) mutually acceptable procedure for review and approval of payments to Subcontractors and (2) the percentage of retainage held on'Subcontmcts, and the Contractor shall execute subcontracts in accordance with those agreements. § 5.1.6,6 In taking action on the Conaactor's Applications for Payment, the Construction Manager and Architect shall be entitled to rely on the accuracy and completeness of the information furnished by the Contractor and shall not be deemed to represent that the Construction Manager or Architect have made a detailed examination, audit or adthmctic verification of the documentation submitted in accordance with Section 5.1.6.1 or other supporting data; that the Construction Manager or Architect have made exhaustive or continuous on-site inspections; or that the Construction Manager or Architect have made examinations to ascertain how or for what purposes the Contractor has used amounts previously paid on account of the Contract Such examinations, audits and verifications, ifrequired "o Owner, will be performed by the Owner's auditors acting In the sole interm of the Owner. 6.1.6.7 Except with the Owner's prior approval, the Contractor shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored it the site. § 6.2 Final Payment § 611 Final payment, constituting the entire unpaid balance of the Contract Sun, shall lie made by the Owner to the Contractor when I 1 the Contractor has fully performed the Contract except for the Contractor's responsibility to correct Work as provided in Section 12.2 of AIA Document A232-2009 as modified, and to satisfy other requirements, If any, which extend beyond final payment; .2 the Contractor has submitted a final accounting for the Cost of the Work, pursuant to Exhibit A Determination of the Cost ofthe Work when payment is on the basis ofthe Cost ofthe Work, with or without a Guaranteed Maximum payment; and .3 a final Certificate for Payment or Project Certificate for Payment has been issued by the Architect; such ' final payment shall be made by the Owner not more then 30 days atter (1) the Contractor has fully performed the Contract and (2) the issuance of the final Certificate for Payment or Project Certificate for Payment, or as follows: ARTICLE 6 'DISPUTE RESOLUTION § 16.1 Initial Decision Meker The Architect will save as initial Decision Maker pursuant to Section 15.2 of AIA Document A232-2009 as modified, unless the parties appoint below another individual, not a patty to this Agreement, to arm as Initial Decision Maker. (lfthe parties mutually agree, insert the name, address and other contacttireormation of the initial Decision Maker, if other than the Architect.) 6 8,2 Binding Dispute Resoludon For any Claim subject to, but not resolved by, mediation pursuant to Section 15.3 of AiA Document A232-2009 as modified, the method of binding dispute resolution shall be as follows: (Check the appropriate bay. # the Owner and Contractor do not select a method of binding dispute resolution below, at do not subsequently agree in writing to a bira6ng dispute resolution method other than IiNgafioe, Claims will be resolved by litigation in a court ofcompetent furlsdictfon.) Init AIA Document A192TM-2609 manly AlOin' Mai -1092). Copydpht0197a,1990,1992 and 2000 by The American lnetlWEs of Arehllsols, An 11904 -raterve�. WARNING: Thi@ AIA�tlocument is protected by U.S. Copyright Law and International Trestles Unauthorized reproduction or distribution of 9 thb A1A Document, oranypordonota, may resuninsevere civil and criminal penalties,■nd will be propeeuted to the maximum oxtentposelble under f the law. This document wee produced by AIA eollwers at 11:62:19 on 0212 9120 7 2 under Order No.6907420900 1 which sioiroe on 007/2010, and U notfor resole. Us rNobe: (x76261243) Init I [ :I Arbitration pursuant to Section 15.4 of AIA Document A232-2009. [ X J Litigation in a court of competent Jurisdiction, [ ] Other: (SPsety) ARTICLE 7 TERMINATION OR SUSPENSION 7.1 When the Contract Sum Is a Stipulated Sum I7.1.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of AIA Document A232-2009 as modified. I§ 7.1,2 The Work may be suspended by the Owner as provided in Article 14 of AIA Document A232-2009 as modified. § 7,2 Whore the Contract Sum Is Based on the Cost of the Work with or without a Guaranteed Maximum Pelee § 7.2.1 Subject to the provisions of Section 7.2.2 below, the Contract maybe terminated by the Owner or the Contractor as provided in Article 14 of AIA Document A232-2009, 17,12 The Contract may terminated by the Owner for cause as provided in Article 14 of AIA Document A212-2009, however, the Owner shall that only pay the Contractor an amount calculated as follows: 1 Take the Cost ofthe Work incurred by the Contractor to the date of termination; .2 Add the Commotoes Fee computed upon the Cost of the Wok to the date of termination at the rate stated in Sections 4.3.2 or 4.4.2, as applicable, or, if the Contractor's Fee is stated as a fixed sum, an amount that bears the same ratio to that fixed -sum Fee as the Cost of the Work at die time of termination bears to a reasonable estimate ofthe probable Cost ofthe Work upon Its cornpletion; and .3 Subtract the aggregate orprevious payments made by the Owner, . §, 7.2.3 If the Owner terminates the Contract for cause when the Contract Sum is based on the Cost of the Work with a Guaranteed Maximum Price, and as provided in Article 14 of AIA Document A232-2009, the etnount, if any; to be paid to the Contractor under Section 14.2.4 of AU Document A232-2009 shall not cause the Guaranteed Maximum Price to be exceeded, nor shall It exceed the amount calculated in Section7.2.2: 1.2.4 The Owner shall also pay the Contractor fair compensation, either by purchase or rental at the election ofthe Owner, for any equipment owned by the Contractor that the Owner elects to retain and that isnot otherwise included in the Cost ofthe Wok under, Section 7.2.1. To the extent that the Owner elects to take legal assignment ofsubcontracts and purchase orders (including renal agreements), the Contractor shall, a3 a condition of receiving the payments redesred to In this Article 7, execute and deliver all such papas and take all such steps; including the legal assignment of such subcontracts and other contractual rights ofthe Contractor, as the Owner may require for the purpose of fully vesting in the Owner the rights and benefits of the Contractor under such subcontracts or purchase orders. § 1.2.5 The Work may be suspended by the Owner as provided in Article 14 of AIA Document A232-2009; In such case, the Contract Sum and Contract Time shall be increased as provided in Section 14.3,2 of AIA Document A232-2009, except that the term 'profit' shall be understood to mean the Contractor's Vee as described in Sections 4;3,2 and 4.4.2 of this Agreement. ARTICLES _MISCELLANEOUS PROVISIONS § 8.1 Where reference Is made In this Agreement to a provision of AIA Document A232-2009 as modified or another Contract Dooumem. the reference refers to that provision as amended or supplemented by other provisions ofthe Contract Documents. § 8.2 Payments due and unpaid under the Contract shall bear Interest from the date payment is due at the rate stated below, or is the absence thereof:, at the legal rate prevailing from time to time at the place where the Project is located. (Insert rate ofinterest agreed upors Yf aW) 10 3/4 of 1% per month § 8.8 The Owner's representative: (Name, address and otherfrformadon) Keith Watts. Purchasing Manager City of Meridian Purchasing Department 33 East Broadway Avenue Meridian, Idaho 83642 § 8.4 The Contractor's representatives (Nameaddress and other irformadorp Tom Dommus 8620 West FtarWin Rosa Boise, Idaho 83709 Telephone Number: 208-322-2500 Fax Number: 208-322.2543 Email Address: tdommus@dearwire net § 8.5 Neither the Owner's nor the Contractor's representative; shall be changed without ten days written notice to the other party': § 8.6 Other provisions: ARTICLE 8 ENUMERATION OF CONTRACT DOCUMENTS § 8.1 The Contract Documents, except for Modifications issued after execution of this Agreenen% are enumerated in the sections below. § 9.1.1 The Agreement is this executed AIA Document A132-2009 as modified, Standard Form of Agreement Between Owner and Contractor, Construction Manager as Adviser Edition. § 91.2 The General Conditions are, AIA Document A232-2009 as modified, General Conditions of the Contract for Construction. Constriction Manager as Advise Edition. § 9.1.9 The Supplementary and other Conditions of the Contract: Document : Tlda bah Pages ExhlbltA Contract Document 2/16/2012 1 Schedule § 9.1.4 The Specifications: (Either list the Speojf cations here or refer to an exhibit attached to this Agreement) Contract Document Schedule, Exhibit A, dated February 16,2012 Section Tide Date Pages § 9.1.5 The Drawings: (Either list the Drawings here or refer to an exhibit attached to this Agreement) .Ink r e t t I _t !. Nota:. (975251243) Contract Document Sohedde. Exhibit A, dated February 16, 2012 Number Title Date 9.1.6 7bo Addenda, Vicar. Number Date pages One 21OW012 14 Portions of Addenda relating to bidding requirements are not putt of the Contract Documents unless the bidding requirements arc also enumerated in this Article 9. 9.1.7 Additional documents, if any, forming part of the Contract Documents ere: A AIA Document A132taL-2009, Exhibit A, Determination ofthe Cost of the Work if applicable. .2 AIA Document E201TO-2007, Digital Data Protocol Exhibit, if completed, or the following) N/A .3 AIA DocumentE2071A-2008, Building Information Modeling Protocol Exhibit, If completed, or the following:' imn .4 Other documents, If any, listed below: (List here m0' additional documents which are intended tofornt part of the Contract Documents. AL! Document A23.22004 provides that balding requirements such as advertisement or invitation to bid Instructions to Bidders, sample fibrins and the Contractor's 61d are notpart ofthe Contract Documents unless enumerated in this Agreement. They should be listed here only if Intended to be part ofthe Contract Documents) All binding documents including the Invitation to Bid, Instructions to Bidders, Supplemental Instructions to Bidders, Bid proposal Forms, and the Project Schedule are intended to be part of the Contract Documents. AIA Document A232-2009 (kneral Conditions ARTICLE 10 INSURANCE AND BONDS The Contractor shall purchase and maintain insurance and provide bonds as set forth in Article i I'of AL1 Document A232-2009 as modified Itefer to Supplemental Conditions modifying AIA Document A232-2009 for changes and additions to Article 11 'Insurance and Bonds". Contractor Is required to provide 100% Payment and Performance Bonds, (State bonding requirements, Ifar0, and limits ofBabilltyfor insurance required In Article I ofAM Document A232-2009.) Type of Insurance or Bond Limit of Liability or Bond Amount (110.00) AIA Document A122m-2000, tmmedy A1011sCMe —1092). CopyrWG 1976.1040.1092 and 2000 by The American Insdk to of AmNtedis. A" e9hb Ink. WAmNINQ; This AIA Document is protected by U B. copyright Low and International trestles. Unauthorized reproductionerdisW utiort'o/ 12 this AIA Document, oreny portion of a, may reaction severe civil antl crimlgal penalties; and wed be prosecuted to the maximum extant poislbta under t the law. This document was produced byAlA eofhvare at 11:6218 on 0212002012 under order No.5907420800-1 which exiiins on 01I17M010, and Is notfot rmie:. . user Notes: (815251243) This Agreement is entered into as of the day and year first written above. I�%tea � ���'r L✓� OWNER ` ignatur� CONTRACTOR (Signature) Tammy de Weerd Mayor Tom Dominus General Manager (Printed name and title) (Printed name and title) Init. AIA Document At 32-- 2000 Vtormady A1011°CMS-1902 reserved. WARNING: This AIA Document Is protected by this AIA® Document, or any portion of It, may result In sew / the law. This document was produced by AIA software at 11:6 resale. User Notes: Copynghl m 1875, 1980, 1992 and 2008 by The American Institute or Architects. All rights ,S. Copyright Law and Intematlonal Treatles.Unauthorized reproduction Ord IstrIbution of 13 9 civil and criminal penalties, and will be prosecuted to the maximum extent possible under 18 on 02/29/2012 under Order No,6907428900_l which expires on 01/17/2013, and Is not for (875251243) CONTRACT DOCUMENT SCHEDULE (EXHIBIT A) Meridian City Hall Remediation — Roof Repair / Replacement 33 East Broadway Avenue Boise, Idaho 83642 KC PROJECT NO. 11-102 February 16, 2012 PROJECT DOCUMENIJ as Issued by ZGA Architects and Planners, Chartered and prepared by the following project team: Architect — ZGA Architects and Planners, Chartered PROJECT MANUALS Project Manual, Complete — Dated January 23, 2012 ADDENDA: Addendum No. One dated February 6, 2012 (14 pgs) DRAWINGS GENERAL — Dated 1/2312012 13.001 > Cover Sheet 6-002 Site Plan - Staging ARCHITECTURAL Dated 1/23/2012 AD -101 North Lower Roof DemolitionPlan AD -102 South Lower Roof Demolition Plan AD -103 North Middle Roof Demolition Plan AD -104 South Middle Roof Demolition Plan A-101 North Lower Roof Plan A-102 South Lower Roof Plan A-103 North Middle Roof Plan AA04 South Middle Roof Plan A-601 Details A-602 Details A-603 Details Meridian City Hall Remedlation Roof Repair / Replacement February 16, 2012 Page 1 of 1 Meridian City Council Meeting DATE: March 7, 2012 ITEM NUMBER: 6F PROJECT NUMBER: PP 11-012 ITEM TITLE: CenterCal Subdivision Findings of Fact, Conclusions of Law for Approval: PP 1 1-012 CenterCal Subdivision by Meridian CenterCal, LLC Located Northeast Corner of E. Fairview Avenue and N. Eagle Road Request: Preliminary Plat Approval Consisting of 15 Building Lots on 80.1 +/- Acres in a C -G Zoning District MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFF/CE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: March 7. 2012 ITEM NUMBER: PROJECT NUMBER: SHP 12-001 ITEM TITLE: Northpointe Commercial Findings of Fact, Conclusions of Law for Approval: SHP 12-001 Northpointe Commercial by Blackhawk/Meridian, LLC Located Northwest Corner of W. McMillan Road and N. Linder Road Request: Short Plat Approval Consisting of Two (2) Commercial Lots on 1.40 Acres in C -G Zoning District MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: March 7, 2012 ITEM NUMBER: PROJECT NUMBER: CPAM 11-003 ITEM TITLE: Gibson Property Resolution No. 1,�L -aq3 : A Resolution Amending the Meridian Comprehensive Plan to Remove 2.675 Acres of Land Known as the Gibson Property From the Future Land Use Map and the Area of City Impact (CPAM 11-003) MEETING NOTES *�4vl'tj Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 3 BOISE IDAHO 12 03:10 PM III IIIIIIIIIIII I'IIIIIII'llll'll II III DEPUTY Bonnienie ObOberbillig RECORDED -REQUEST OF 112021494 Meridian Ciry CITY OF MERIDIAN RESOLUTION NO. i a-' 8 (4 3 BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN TO AMEND THE FUTURE LAND USE MAP OF THE 2002 COMPREHENSIVE PLAN FOR 2.675 ACRES KNOWN AS THE GIBSON PROPERTY LOCATED SOUTH OF E. FAIRVIEW AVENUE, APPROXIMATELY '/4 MILE WEST OF CLOVERDALE ROAD, MERIDIAN, IDAHO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Mayor and Council have the authority pursuant to Idaho Code § 50-302 to establish resolutions not inconsistent with the laws of the state of Idaho as may be expedient, in addition to the special powers therein granted, to maintain the peace, good government and welfare of the corporation and its trade, commerce and industry; and WHEREAS, the City of Meridian Comprehensive Plan was adopted in August in 2002 as resolution 02-382; and WHEREAS, the Mayor and Council have deemed it appropriate to remove approximately 2.675 acres of land from the future land use map (FLUM) and the Area of City of Impact (AOCI). This parcel was recently included in the City of Boise Comprehensive Plan FLUM and will subsequently be included in the AOCI after necessary approvals by the City of Meridian and Ada County. Said land is known as the Gibson Property and is located at the south of Fairview Avenue, approximately 1/4 mile west of Cloverdale Road, Meridian, Idaho, Ada County and abuts the east boundary of Meridian's Area of City Impact (AOCI); and WHEREAS, the Mayor and City Council have provided all the requisite notices, held the necessary hearings, and received the required information necessary to make a final decision as required by the Idaho Local Land Use Planning Act to amend the adopted comprehensive plan. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO AS FOLLOWS: COMPREHENSNE PLAN AMENDMENT FOR FUTURE LAND USE MAP - GIBSON PROPERTY CPAM 11-003— Page 1 of 2 SECTION 1. Pursuant to Idaho Code §67-6509, the Mayor and City Council hereby amend the City of Meridian Comprehensive Plan and Land Use Map, a copy of which is attached hereto incorporated herein by reference. A copy of this Resolution and the attached amendment shall be held on file in the office of the City Clerk. SECTION 2. EFFECTIVE DATE. 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 `7�day of 2012. APPROVED by the Mayor of the City of Meridian, Idaho, this — day of W 0, 2012. ATTEST: By: Off' 444 Jaycee Holman, City Clerk APPROVED: _�06, Mayor Ta de Weerd 40, AL GO 3 I) it Cltyo[ SEAL Hffe O� 1h, i9FA6Ha COMPREHENSIVE PLAN AMENDMENT FOR FUTURE LAND USE MAP - GIBSON PROPERTY CPAM I 1-003— Page 2 of 2 E EnIRVIEW n i m z Area of Proposed Change Meridian City Council Meeting DATE: March 7. 2012 ITEM TITLE: ITEM NUMBER: PROJECT NUMBER: Presentation of the Draft Analysis of Impediments to Fair Housing Choice Study and Open 30 -Day Public Comment Period MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS March 1, 2012 MEMORANDUM TO: Mayor De Weerd and City Council FROM: Lori Den Hartog CC: City Clerk, Pete Friedman, Caleb Hood RE: Draft Report on Analysis of Impediments to Fair Housing Choice in Meridian Background and Purpose of Report As a recipient of Community Development Block Grant (CDBG) Funds through the U.S. Department of Housing and Urban Development (HUD), the City of Meridian is required to conduct an Analysis of Impediments to Fair Housing Choice (AI) every five years or in conjunction with a new Consolidated Plan. The City contracted with BBC Research and Consulting to complete the Al. The Al identifies any existing barriers to fair housing and proposes action items for addressing those barriers or concerns. This plan is an important component of demonstrating to the U.S. Department of Housing and Urban Development (HUD) that the City will affirmatively further fair housing. In addition, the City can learn how best to promote and ensure fair housing within the community. Draft Report and Fair Housing Action Plan A representative from BBC Research and Consulting will be presenting the draft report on March 7, 2012 to the Meridian City Council. The report must be available for public review and comment for at least 30 days after the March 7 meeting. Below is a brief summary of the four impediments identified in the report and the action items that the City's Community Development Department will be responsible for carrying out. More detail regarding the impediments and the associated action items is provided in the full draft report. Impediment 1: Lack of Affordable Housing Action Item 1.1 Preserve existing affordable housing in units in the City. Action item 1.2: Convene an affordable housing task force to investigate ways to develop new affordable housing. Impediment 2: Potential resident opposition to affordable housing development Action item 2.1: Continue to participate in the regional fair housing awareness campaign (Good Neighbors + Fair Housing = Strong Communities) and tailor it to current needs. Impediment 3: Limited Public Transportation Opportunities Action item 3.1: Continue to stay engaged in regional transportation planning efforts, leverage local resources for local transit opportunities and seek partnerships. Planning Department . 33 E. Broadway Avenue Meridian, ID 83642 Phone 208-884-SS33 • Fax 208-888-6854 . www.meridiancity.orq Page 2 Impediment 4: Lack of understanding by developers and landlords about housing accessibility requirements Action item 4.1: Tailor fair housing outreach campaign to address the needs of persons with disabilities. Action item 4.2: Expand outreach and education to Meridian's landlords. Action item 4.3: Train Community Development staff on ADA and fair housing design and construction guidelines. DRAFT REPORT Analysis of Impediments to Fair Housing Choice LE IDIANh City of Meridian, Idaho DRAFT REPORT February 24, 2012 Analysis of Impediments to Fair Housing Choice Prepared for City of Meridian 33 E. Broadway Ave. Meridian, Idaho 83642 Prepared by BBC Research & Consulting 3773 Cherry Creek N. Drive, Suite 850 Denver, Colorado 80209-3868 303.321.2547 fax 303.399.0448 www.bbcresearch.com bbc@bbcresearch.com RESEARCH & CdNSwnm Table of Contents I. Demographic and Housing Market Analysis Population and Household Composition ...................................... Economic Characteristics.............................................................. HousingMarket Analysis.............................................................. Foreclosure Analysis..................................................................... Transportation.............................................................................. H. Public Policies and Practices Public Housing Authority .................................... Assisted Housing Units ....................................... Land Use Policy Review ...................................... Other Public Sector Programs and Services......... 111. Fair Lending and Complaints Fair Housing Complaints.......................................................... LegalCases............................................................................... FairLending Analysis................................................................ IV. Public Input and Participation Resident Survey ................................................... Stakeholder Survey and Focus Group .................. V. Fair Housing Impediments and Action Plan Summaryof Needs.............................................................. Fair Housing in Meridian ..................................................... Fair Housing Impediments and Action Plan ......................... BBC RESEARCH & CONSULTING ..........................................1-1 ........................................1-10 ........................................1-12 ........................................1-18 ........................................1-19 ................................... III -1 ................................... III -4 ................................... Ill --8 .............. IV -1 ............ IV -10 SECTION I. Demographic and Housing Market Analysis SECTION 1. Demographic and Housing Market Analysis This section provides a community and housing profile for the City of Meridian. It includes the racial, ethnic and income concentration maps required by the Department of Housing and Urban Development (HUD) for Analyses of Impediments to Fair Housing Choice (AIs). The primary data sources for the demographic and housing profile include the following: the Census (2010), American Community Survey (ACS) 1 -year (2010), 3 -year (2008-2010) and 5 -year (2005- 2009) estimates, Claritas (2010), COMPASS, and the Bureau of Labor Statistics (BLS). Population and Household Composition Population growth. The current population in Meridian is 75,092. Meridian is a fast growing community that has more than doubled its population in the last 10 years. In fact, Meridian accounted for 44 percent of Ada County's growth i the ast 10 years. Figure 1-1. Population of Cities within Ada County, 2000 and 2010 _ V , Meridian 34,91 75 b92 1,15% 12% source: 4 �., .. 2000 and 2010 U.S. Census. Boise -_=185,787 ' 205,671 11% 1% Eagle -_ -=11,085 19,908 80% 8% Garden _C-ity 10,624 - - 10,972 3% 0% Kun_a. M� — 5,382 15,210 183% 18% SW = 1,795 5,793 223% 22% Ada County Total 300,904 392,365 30% 3% Age. Like many communities in the U.S., Meridian's population is aging. The city's population contains a larger proportion of Baby Boomers and seniors now than 10 years ago. Figure 1-2. Age Distribution, 2000 r t City of Meridian, Number Prml Number pement 2000 and 2010 - Infants and Toddlers (Age 0 to 4) 3,973 11% 6,981 9% School Aged Children (Age 5 to 19) 8,493 24% 19,685 26% Source: College Aged Adults (Age 20 to 24) 1,717 5% 3,296 4% 2000and 2010 U.S. Census. Young Adults (Age 25 to 44) 12,964 37% 22,875 30% Baby Boomers (Age 45 to 64) .5,521 116% 15,542 21% Seniors (Age 65 and older) 2,251 6% 6,713 9% Senior residents currently comprise 9 percent of the city's population. As demonstrated in Figure I-3, there are three block groups within the city that contain a relatively large proportion of seniors. One of the block groups (tract 103.22, block group 2) encompasses the core of the downtown business district. BBC RESEARCH ✓`t CONSULTING SECTION I, PAGE 1 Figure 1-3. Percent Seniors of Total Population by Block Group, City of Meridian, 2010 Source: 2010 U.S. Census. Race and ethni4 Hispanic (93%).'' the last 10 years, in 2000. Figure 1-4. Race and Ethnici e, Legend Less than 3.0% _ S.0% to 15.0% More than 15.0% of Meridian, 2010 11 Si rgely racially White (92%) and ethnically non - las been the fastest growing racial or ethnic group in the city's population, compared with just 3 percent American Indian and Alaska Native"- ' 117 7 0.3% 375 0.5% 0.2% Asian 516 1.5% 1,345 1.8% 0.3% Black or African American - 43 0.1% 573 0.8% 0.6%, Native Hawaiian and Other Pacific Islander 66 0.2% 106 0.1% 0.0% _. _.. White 32,776 94.0% 69,071 92.0% -' 2.0% Some other race 479 1.4% 1,449 1.9% 0.6% Two or more races 861 2.5% 2,173 2.996 ' 0,4% Hispanic/Latino 1,128 3.2% 5,111 6.8% 3.6% Non-Hispanic/Latino 33,730 96.8% 69,981 93.2% -3.6% Source: 2000 and 2010 U.S. Census BBC RESEARCH ✓.`r CONSULTING SECTION I, PAGE 2 Racial and ethnic concentration. One of the key components of a fair housing analysis is an examination of the concentration of different races and ethnicities within a jurisdiction to detect evidence of segregation. In some cases, racial and ethnic concentrations are a reflection of preferences—e.g., people of different races and ethnicities may choose to live where they have access to grocery stores or restaurants that cater to them. In other cases, different race/ethnic populations are intentionally steered away or discouraged from living in certain areas. Housing prices can also heavily influence where minorities live. This report uses HUD's definition of "disproportionate need" to define racial, ethnic and income concentrations. Using this definition, concentrations occur when the percentage of residents of a particular group is 10 percentage points higher than the community -wide average. For example, if 20 percent of residents in a particular Census block group are Hispanic and Hispanics comprise 10 percent of a community's population overall, that Census block group contains a concentration of Latino residents. The following maps show the proportions of Non -White and Hispanic residents by Census block group for the City of Meridian. The concentration thresholds used for the concentration maps are: Non -White. In 2010, 8 percent of residents n-[he-eity reported their race as something other than White. Census block groups that havel8 percent and more non-White residents are concentrated by the disproportionate need dafnif ■ Hispanic concentrations. In 2010;'7 percent'of residents in the city reported their ethnicity as Hispanic. Census blocks that have 17 percent and more Hispanic residents are concentrated by the disproportionate need definition. The maps also report areas that HUD terms 9KUMty areas Zr "racially/ethnically-impacted areas" which are block groups in which minority populations are 20 percentage points higher than the City of Meridian overall. As demonstrated in Figures 1-5 and I-6, there are no areas of concentration or any impact areas in the city. ThW Census block group with the largest proportion of non-White residents (14%) is block group 2 of Census tract 103.22, which encompasses the city's downtown business district. The Census block group with the largest proportion of Hispanic residents (14%) is block group 2 of tract 103.2 ! This block group lies adjacent to the city's main downtown area. BBC RESEARCH St CONSULTING SECTION I, PAGE 3 Figure 1-S. Concentration of Non -White Residents, City of Meridian, 2010 Source: 2010 U.S. Census. BBC RESEARCH & CONSULTING SECTION I, IMAGE 4 Type of households. Seventy-nine percent of the city's households are family households, including 64 percent husband and wife families. By comparison, family households comprise a much larger proportion of Meridian's household composition than neighboring Boise. Family households only account for 59 percent of Boise's households, and 44 percent of Boise's households are husband and wife families. Figure 1-7. Household Composition, City of Meridian, 2010 Source: 2010 U.S. Census. Family Households Husband -wife family with children without children Male Householder - no wi with children without children Female Householder- no with children- _. family Households 19,916 79% 16,173 64%-' 8,859 35% 77Z- - _ 3% 340 1% 626 761 865 5,386 25,302 =10% 7% 21% Famrhal_status rs protected under the Fair Housing Act 1n=Meridlan, M I percent of fair housing complaints fi M!ffil_vlerldlauaince 2005 were based --on familial staWSimilar to race and ethnicity, it is lmportant to n�he place. --of residence of female-houM Mlds wtth�Thildren to determine whether discrrminatlon Is pxeventlfthem from__movin�o certain portions of the city. Seven percent of Merldlan-shouseMlds are!Mle female households with children. Families comprised of a single female householder `and children are far more likely to live in poverty, and may require some form f puff assistance to afford housing and other basic needs. This is certainly the case m-Meric1iMMr example, 5 percent of all Meridian families live in poverty compared with 13 percent=of alLsingle female headed households and 45 percent of female households with children under the age 5 years old. As demonstrated in Figure I-8, female -headed households are most likely to reside in the city's downtown area. BBC RESEARCH & CONSULTING SECTION I, PAGE 5 Figure 1-8. Geographic Distribution of Single Female Households with Children, City of Meridian, 2010 Source: 2010 U.S. Census. Income and poverty. The American Community Survey (ACS) estimated the city's 2010 median household income at $60,230. Meridian's households earn more than state and national residents; the median household income is $43,490 in Idaho and $50,046 for the U.S. overall. Figure I-9 displays Meridian's household income distribution. About half of Meridian's households earn between $25,000 and $75,000 per year. An additional 16 percent of the city's households earn less than $25,000 per year. Figure 1-9. Household Income Distribution, City of Households Households Meridian, 2010 Less than $10,000 1,012 495 $10,000 to $24,999 3,140 12% Source: $25,000 to $49,999 6,563 L25% 2010 American Community Survey. $50,000 to $74,999 6,370 24% $75,000 to $99,999 3,473 13% $100,000 to $149,999 2,911 11% $150,000 or more 2,563 10% BBC RESEARCH & CONSULTING SECTION I, PAGE 6 Figure I-10 displays the geographic distribution of the city's lowest income households by Census block group. Two block groups contain more than 26 percent low income households. By HUD's definition of disproportionate need, these two block groups contain a concentration of low income households in the city. Both block groups are located in downtown Meridian. Figure 1-10. Geographic Distribution of Low Income Households, City of Meridian, 2010 Note: Households earning less than $25,000 per year used as a proxy for low Income. nd state and local policy makers to qualify ling to HUD, the MFI for the Boise -Nampa MSA in utilize MFI to define income levels according to 1 low -30 percent and less of MFI ($18,630 and less); 1 to 50 percent of MFI ($18,631 to $31,050); is Low and moderate -51 to 80 percent ($31,051 to $49,680); is Above low and moderate -80 percent and above of MFI (more than $49,680); BBC RESEARCH & CONSULTING SECTION I, PAGE 7 Figure 1-11. Distribution of Low Income Households by HUD Income Classification Categories, City of Meridian, 2010 Above 8( MFI (59.1 Source: 30% of MFI (10.8%) 2010 American Community Survey. of 11.6%) of 08.5%) Figure I-11 shows the percentage of Meridian households within each MFI category. The largest proportion of households in Meridian (59%) were considered "above low and moderate income," earning more than $49,680. These households would likely not qualify for HUD -funded programs. Eleven percent of Meridian's households earn less than 30 percent of the local MFI and would be considered by HUD's standards "very low income." Meridian's 6 percent poverty rate is relatively low compared to the poverty.#ate in Idaho (16%) and the U.S. (15%). Moreover, Meridian's child poverty rate of 7 percent4s7auclilower than the national child poverty rate of 21 percent.' Figure 1-12 displays poverty rates by age group for Meridian residents The city's college,_age students have the highest poverty rate at 14 percent, which is not surprising m tharmany of these individuals are likely enrolled in college or are just beginning careers Moreover, this segment of the population has been heavily Impacted by the recent economic downtown. Surprisingly only 1 percent of the city's seniors are lrwng-in poverty. Given that this segment ofsfie population often lives on a fixed income, poverty rates among seniors are typically higher than 1 percent. City of lbridiii � 1 O .Infants and Toddlers (Age 0 to 4) 520 10.9% 8.3% Source = - School Aged Children (Age 5 to 17) 1,175 24.5% 6.2% 201oAmerican Commumrysurvey College Aged Adults (Age 18 to 24), 551 11.5% 13.8% Young Adults (Age 25 to 44) 1,715 35.8% 7.4% = - - Baby Boomers (Age 45 to 64),' 763 -: 15.9% 4.5% Seniors (Age 65 and older) 65 1.4% 1.1% Total 4,789 100% rate includes all children under the age of 18. Data source is the 2010 U.S. Census. BBC RESEARCH Sr CONSULTING SECTION I, PAGE 8 Disability status. Disability status is an important component of fair housing analysis, particularly in Meridian and the Boise region. Disability status has been the basis for a number of fair housing related lawsuits. And, according to HUD, 61 percent of the 18 fair housing complaints filed in Meridian between 2005 and 2011 were on the basis of disability. Nearly 7 percent of all residents in Meridian report having a disability. The city's seniors have the highest rate of disability at 24 percent. Figure 1-13. Disability Status by Age, City of Meridian, 2010 Total in Age Group With a Disability Percent o' Age Grour Under 5 years of age 6,284 - 0,0% Souse: 5 to 17 years of age 19,030 372 _ 2.0% 2010American Community survey. 18 to 34 years old - 14,389 594 4.1% 35 to 64 years old 29,846 2,61519- 8 % 65 years and older ___ 5,697 11347 23.6% Total 7SA443 — 4,928 6.S% Ambulatory or physical disabilities are the most residents. Forty-six percent of persons with a dis disability, as do 18 percent of disabled seniors. Figure I-14 maps the location of the city's residents wii the central portion of the city do contain concentratim disproportionate need) of persons with disabilities. Thi senior population. Fi 114 gure - . Percent of Population with a Disability by Census Tract, Tract, City of Meridian, 2011 Source: 2005-2010 ACS 5 -year oAlrnoW. t�gand I. Lan l6an 17.0% - 1L0%ur mae BBC RESEARCH Fr CONSULTING cited 180 an Census tract. Tracts located in HUD's definition of acted by the city's disabled Fr e SECTION I, PAGE 9 Economic Characteristics Unemployment. In the midst of the recent economic recession, the Boise region and the City of Meridian have not been immune to increases in unemployment. The city and the region experienced substantial job loss between 2007 and 2009, which resulted in unemployment rates in Meridian growing from 2.5 percent to 7.9 percent between 2007 and 2009. Meridian's unemployment rates have historically trended below the MSA, the state and the U.S., and it remains that way in October 2011. Figure 1-17. Unemployment Rate, Boise MSA, Idaho, U.S, 2000 to 2011 Meridian '—"- Bolse Nampa MSA -- Stateofldaho U.S. 10.0- 9-0- —_ u 6 0- u o a4.0 E 2-0- 1.0- 0.0- 2001 0 1.0 0.02001 2002 2003 .2004 2005 2006 2007 2008 W2009 2010 2011 - (October) Not.: Data are not seasonally adjustialranual averages. Source: Bureau of Labor Slatistls — - Jobs and wages. As demonstrated in Figure I 18 Ada County s employment base is largely associated with service lobs (85%) that pay an average annual wages of $37,000 per year. Manufacturing jobs_pay the highest wages m the county; however, they only comprise 9 percent of the county s total employment. Overall, the ZMtys private sector employment opportunities pay an average of $40,000 per year. Figure 1-18. Ada County, IQ201 I Note: `- Employment data only available by county. Natural Resources and Mining 722 0.5%' - $32,084 Source: Construction 8,118 5.1% $39,156 Bureau of tabor Statistics. Manufacturing 14,412 9.0% $70,512 Trade, Transportation, and Utilities 36,306 22.8% - $36,036 Information 3,514 2.2% $46,072 Financial Activities .'..10,661 6.7% $51,688 Professional and Business Services 32,785 20.5% $43,680 Education and. Health Services 30,241 19.0% $39,936 Leisure and Hospitality 17,649 11.1% $14,664 Other Services 5,143 3.2% $24,024 Unclassified 18 0.0% $50,908 Total Private Employment 159,568 $40,092 BBC RESEARCH & CONSULTING SECTION I, PAGE 10 Largest employers. Figure I-19 displays the largest employers in the Boise -Nampa MSA. Many of the region's largest employers have multiple locations, some of which are in Meridian (e.g., St. Luke's Regional Medical System, Wal-Mart). The Meridian School District is the fifth largest employer in the region with 4,000 employees. The school district is very large, and does extend outside the city's boundaries. Most of the region's largest private sector employers included in Figure I-17 are located in Boise. Meridian's employment base is primarily comprised of smaller firms involved in retail and services. Figure 1-19. Major Employers, Boise City -Nampa MSA, 2011 State of Idaho 8,489'- Government St. Luke's Regional Medical System 7,677 Healthcare Servlces_ Micron Technology, Inc. 5,000 Semi Conductor Mfg. WalMart 4,235 - Retail/Grocery Meridian joint School District#2 4,000 Education '- Boise State University 3,952'_- =Education St. Alphonsus Regional Medical System 3,407 Healthcare Services Hewlett-Packard Company 4,000 Laser Printing DiV Albertson's/A Supervalu Company 2,500 Grocery/Retail Ada and Canyon County 2,308 Government Boise School District 2,200 Education J. R. Simplot 1,800. HQ/Food Production Nampa -School District 1,700 Education City of Boise 1,600 Government DirecTV._ _ 1,400 Customer Service Citi 1,250 Inbound Credit Card Sales/Service Darmody Enterprlses.(McDonald's) 1,250 Retail Food Veteran's Affairs/Medical Center 1,250 Healthcare Services Frep _ 1,200 Retail/Grocery WDS Global Services _ 1,100 Customer Service Call Center EDS 1,000 Inbound - 3rd Party (military) Teleperformance USA 950 Inbound Customer Service Vallivue School District #139 950 Education URS 900 Construction/Engineering Services _. (Gov't, Mininq & Power Industries) '. Source: Boise Valley Economic Partnership BBC RESEARCH & CONSULTING SECTION I, PAGL 11 Housing Market Analysis Development trends. Figure I-20 displays the number of residential building permits issued in Meridian. As is the case in many communities, residential permitting peaked in the middle portion of the last decade and drastically declined starting in 2007. Figure 1-20. Units In 5 or '..� Residential Permits, 2001 921 . City of Meridian, 2002 950 2001 to 2010 buildings 2003 1,765 Source: 2004 COMPASS. 2005 2006 1,689 2007 849 2008 782 2009 660 2010 552 0 500 1,000 1,500 2,000 2,500 3,000 ;_3,500 4,000 Number of Residential Permits Figure I-21 examines the number of permits issued in Meridian byproduct type. According to permit data, single family units comprised much of the city's development in the last 10 years. Assuming permits resulted in built units; the largest proportion of multifamily units was constructed in 2008 when 26 percent of all permits-were=ifsued for multifamily development. Figure 1-21. Percent of Regional Pel`mits ky Product Type, City of Meridian, 2001 to 2010 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 Note: Percentages based on estimates with imputations. Source: U.S. Census Building Permit Estimates. BBC RESEARCH bt CONSULTING SECTION I, PAGE 12 Units In 5 or '..� more family buildings Units in 2 t 4family' buildings Single family . ..units 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 Note: Percentages based on estimates with imputations. Source: U.S. Census Building Permit Estimates. BBC RESEARCH bt CONSULTING SECTION I, PAGE 12 Housing supply. There are currently 26,674 housing units in the City of Meridian. The vacancy rate reported in the 2010 Census was 5.1 percent, indicating that 1,372 of the city's housing units were vacant at the time of the Census. Most units were vacant because they were either for sale (612) or for rent (293). The city's housing market has experienced remarkable growth in the last 20 years. The city had approximately 3,700 housing units in 1990 and 12,300 in 2000. The 600 percent increase in the size of the city's housing inventory since 1990 has resulted in the city's evolution from a small farm community to the 3`' largest community in Idaho. Tenure. Between 1990 and 2000, the proportion of homeowners in the city grew from 71 percent to 84 percent. However, the percentage of homeowners decreased in the last 10 years and currently stands at 77 percent, which indicates that 23 percent of the city's households currently rent their home. Figure 1-23. Housing Tenure, City of 2a.7%799071.3% Meridian, 1990, 2000 and 2010 10 16.1% 7600 83.9% Source: 1990, 2000 and 2010 U.S. Census 23.1% 76.9% - 100% 80% 60% 40% 20% 0% _ Renter Homeowner Type. Despite the extensive growth in the local housing market, the distribution by type of housing unit has changed very little m the last few years. This means that housing construction in the last 10 years reflected the city s existing housing stock in 2000. The city has lost some of its existing mobile home stock which has resulted in a larger proportion of single family detached units. rtgure j zs Distribution by Type I Detached of Housing_Unit, City single of Meridian, 2000 Family and 2010 JARached2 to 4 UnitSource: 2000 U.S. Census and 2008-2010 American Community Survey. 5 to 50 Unit 5 50 or more uni[s Mobile Home85.2% 88.2% 2.6% ¢� 2000 2.9% 6.0% 4.7% 11.4% ` 0.8% i L5%4 2010 0% 20% 40% 6096 80% 10096 BBC RESEARCH & CONSULTING SECTION I, PAGE 13 0% 20% 40% 6096 80% 10096 BBC RESEARCH & CONSULTING SECTION I, PAGE 13 Age. Given the city's rapid growth in the last 20 years, it's no surprise that nearly 90 percent of the city's housing units were constructed after 1990. However, there are homes in Meridian constructed in the 1970s, indicating that 6 percent of the city's homes are approaching 40 years of age. Figure I- 26 displays the age distribution of the city's housing stock. Figure 1-26. Age Distribution of Housing Stock, City of Meridian, 2010 Source: 2010 American Community Survey. Housing demand and cost. homeownership housing. It the greatest housing needs inMM Rental 24.7% Built 2005 or later70.4% Built 2000 to 200424.3% Built 1990 to 1999 37.6% Built 1980 to 1989 Built 1970 to 1979 i Built 1960 to 1969 Built 1950 to 1959 Built 1940 to 1949Built 1939 or earlier 0% 10% 20% 30% 40% 100% cost of housing for both rental and ;aps in provision of housing to determine the vidian in 2010 was $965, which was an ;629. The city's median gross rent is County overall ($751), as well as neighboring utid of gross rental rates within the City of Meridian in 2000 and atys rental' -rates have become increasingly more expensive. In 2000, :o finclT unit requiring a rent of $1,000 or more; currently, half the $1,000 or more. 2 The Census Bureau defines gross rent as "the amount of the contract rent plus the estimated average monthly cost of utilities (electricity, gas, water and sewer) and fuels (oil, coal, kerosene, wood, etc.) if these are paid for by the renter (or paid for the renter by someone else). BBC RESEARCH Sr CONSULTING SECTION I, PAGE 14 Figure 1-27. Gross Rental Rate Less than $250 Distribution, City of Meridian, 2000 and 2010 $250 to $499 1.9% Source: $500 to $749 2000 and 2010 Census. $750 to $999 L $1,000 to $1,249 r $"1,250 to $1,499!"1', 1,499 's' $1,500 or more 0. 0% 17.0% 1% 42.2% .10.5% 10% 20% 30% 40% 50% N 2010 Renter incomes have increased in the last 10 years to account for increased rental rates. The median household income of a renter household in 2000 was $27,148; it was $38,494 in 2010. While the city's median renter household income did not grow as quickly rental rates in Meridian, the median household income of renters is enough to afford the city's median gross rental rate. Despite=increases m renter's income, the city's median rental rates now require a larger proportion of renters_ household m_come. Median gross rent as a percentage of renter household income in 2000 was 2Gpercent the 2010 ACS 4orted that the percentage had increased to 33 percent. HUD's genetally_accepted definition of a%tdability is fot "a household to pay no more than 30 percent of its annuaMome on itousmg. 3 On average, Meridian's renter households slightly exceed HUD's Rentalgaps To understand more specifically where the rental market in Meridian fails to meet reslde_n_ts=needs, we performed an exercise called a "gaps analysis." The gaps exercise compares the supplp-o xl entaPhousing at various price points to the number of households who can afford such housing: If=[here are more rental units than households, the market is "over -supplying" rental housing at that price range. Conversely, if there are too few units, the market is "under -supplying" housing. Figure I-28 displays the results of the rental market gaps analysis. 3 http,//w .hud.gov/offices/cpd/affordablehousing/ BBC RESEARCH & CONSULTING SECTION I, PAGE 15 Figure 1-28. Mismatch in Rental Market by Household Income, City of Meridian, 2010 Less than $10,000 682 12% $ 250 229 4% (453) $10,000 to $14,999 442 8% $ 375 197 3% (245) $15,000 to $19,999 336. 6% $c 500 74 1% '(262) $20,000 to $24,999 270 5% $ 625 153 2% (117) $25,000 to $34,999 703 13% '-$ 875 1,768 29% 1,065 $35,000 to $49,999 1,037 18% $ 1,250 2,804 46% 1,767 $50,000 to $74,999 1,371 24% $ 1,875. 775 13% (596) $75,000 to $99,999 357 6% $ 2,500 147 2% _ t'_ _ (210) $100,000 to $149,999 288 5% $ 3,750 0 0% (288) $150,000 or more 123 2% $ 3,751 0 096 (123) Total 5,609 100% 6,147_ - Source: BBC Research & Consulting. As shown in Figure I-28, there are 682 renters earning less than $10 000 pet year living in Meridian -but just 229 units to serve them. This leaves a shortage of53 units for the city's lowest income households. These renters have such low incomes that they can only afford to pay $250 per month in rent. Altogether the Ctty's rental gap is 1;077 for renters earning less than.$25,000 per year. Renters earning more than this can find inadequate supply of units. In parnaulat, renters earning between $25,000 and $50:00 have in_abundance of units affordable to them. The City's highest income renters could pay more to rent than what the market has available to serve them; however, these renters likely pay less_than their maximum affordable rent to save for a down payment for a home purchase. Owner costs The median value of an owner -occupied home in the City of Meridian is $190,400 according to the 2010 Census. By comparison the median home value in Boise is $188,900. In 2000, the Census estimated Meridian's median home value to be at $119,800. Based on these estimates, the median has increased by $70,600 (59%), or by an average of $7,060 per year. BBC RESEARCH St CONSULTING SECTION I, PAGE 16 Figure I-29 demonstrates how the city's owner -occupied housing market has changed in the last 10 years. More than half the city's homes were valued between $100,000 and $150,000 in 2000. Many of those homes likely appreciated between 2000 and 2010, and are now valued higher than $150,000. Additional changes to the distribution of the city's housing market are likely attributed to new construction that occurred in the last 10 years. New construction likely favored homes valued at $200,000 or more. Figure 1-29. Owner -Occupied Home Less than $50,00( Value Distribution, City of Meridian, 2000 and $50,000 to $99,999 2010 $100,000 to $149,999 Source: 2000 and 2010 Comm. $150,000 to $199,999 $200,000 to $299,999 $300,000 to $499,999 $500,000 to $999,999 $1,000,000 or more 0% 10% 10% 30% 40% 50% 60% 1W% The housing market downturn impacted Meridian profoundly both in sales activity and sales prices. In the last four years, the average sales price has declined by 37 percent. And, 2010 produced the lowest number of annual sales of the last five years. Figure 1-30. Frequency and Average Sales Price of MLS Sales, City of Meridian, 2006 to 2010 Source: COMPASS and Intermountain MLS. 2006 3,271 $ 269,515.. 2007 1,864 $ 167,924 2008 1,464 $ 234,706 2009 1,614 $ 187,171. 2010 1,426 $ 168,547 BBC RESEARCH & CONSULTING SECTION I, RAGE 17 Figure I-31 maps the 2010 median sales price by Census tract. There was no portion of the city that did not experience a decline in home prices in the last five years. Average sales prices declined by 35 to 40 percent in every Census tract in the city but one (103.31). Figure 1-31. Average MLS Sales Price by Census Tract, City of Meridian, 2010 Source: COMPASSand Intermountain MLS . Foreclosure Analysis According to RealtyTrac, there were 324 new foreclosure filings in Ada County in November 2011. This foreclosure rate indicates that one in every 485 homes in the county received a foreclosure filing in November 2011. This was a higher foreclosure rate than the State of Idaho (one in every 770 housing units) and the U.S. overall (one in every 579 housing units). Meridian's housing stock represents 17 percent of the county's housing stock. Assuming foreclosures in Meridian occur in proportion with the city's contribution to the county's housing stock (17%), Meridian may have had 55 foreclosure filings just in November 2011. BBC RESEARCH & CONSULTING SECTION I, RAGE 18 Figure II -40 maps the percentage of bank owned properties of total home sales in 2010 by block group. Since foreclosures are not identified in the MLS, bank owned properties are used as a proxy for foreclosures. Bank owned properties accounted for 30 to 50 percent of all home sales in 2010 in most of the city's block groups. The proportion of banked owned properties of total sales exceeded 50 percent in two of the city's block groups. Both block groups were located in central Meridian. Figure 1-32. Percent Bank Owned Properties, of Total Sales by Block Group, 2010 Source: COMPA55 and BBC Research & Consulting. Like many western communities, residents in Meridian and the Boise region are primarily dependent on cars for transportation. Nearly 80 percent of Meridians residents drove alone to work each day. And, less than 1 percent of the city's workers relied on public transportation for their work commute! The Boise region is served by Valley Regional Transit (VRT), which provides public transit for both Ada and Canyon counties. Figure I-33 displays VRT's inter -county bus lines. The purpose of the inter -county bus line is largely to connect Boise with the City of Nampa; however, Meridian is served along Interstate 84. Stakeholders and residents engaged during the public input process both noted that public transportation opportunities are very limited in Meridian. Means of transportation to work statistics from the 2010 American Community Survey 1 -year estimate. BBC RESEARCH & CONSULTING SECTION I, PAGE 19 Figure 1-33. Valley Regional Transit Bus Lines, City of Boise, 2011 Middleton Y Star © Eagle Caldwell Y.n Nampa Prerlend , to:albrtdndeP t WrNIRlds BPi1P Ailparl Source: Valley Regional Transit Public transportation forspeclal needs population. The VRT's ACCESS program is a paratransit service for regional _residents with disabilities who are unable to access ValleyRide's traditional bus services ACCESS is an origin to destination' transit service operating Monday through Saturday with the same hoursiis the fixed -line bus system. ACCESS will travel up to three-fourths of a mile off fixed line_routes fog _ service pickups. If residents live further=than three-fourths of a mile from a fixed line service they�t to a bus stop to receive ACCESS services. The Meridian Senior CenMansporfs homebound seniors from their homes to the Meridian Senior Center Monday through Friday for lunch. Every Wednesday, the Senior Center will also take seniors to Albertson for grocery shopping. BBC RESEARCH & CONSULTING SECTION I, RAGE 20 SECTION 11. Public Policies and Practices SECTION 11. Public Policies and Practices This section reviews city zoning and land use policies, as well as the policies and practices of the Boise City Ada County Housing Authority (BCACHA), for barriers to fair housing choice and violations with the Federal Fair Housing Act. The section also contains the results of an examination of a sample of Homeowners Associations' covenants. It concludes with an overview of city goals and objectives related to housing and community development. Public Housing Authority BCACHA serves as the housing authority for the City of Meridian, as well as Ada County, and provides housing to the city's lowest income households primarily through the Section 8 voucher program and public housing units. Section 8 Voucher Program. The BCACHA administers 1,794 Section 8 vouchers in Ada County. Most BCACHA vouchers are used within the City of Boise (64%). The remaining 36 percent of vouchers are spread throughout the remaining portions of the county, including Meridian. The BCACHA currently administers 185 vouchers to residents of Meridian. As of May 2011, there were 5,331 households on the Section 8 waitlist. It is likely that as many as 550 Meridian households are currently waiting for a Section 8 voucher.' The BCHACHA estimates that households on the waitlist will wait four to five years for a voucher. Figure 11-1. BCACHA Section 8 Waitlist, Household Demographics, City of Meridian, 2011 Iplicants on Active Waitlist Household Characteristics Families with children Elderly families Families with disabilities Income Extremely low income Very low income Low income Race/Ethnicity American Indian/Alaskan Native Aslan Black/African American Figure II -I displays the demographic Native Hawailan/pacific Islander characteristics of all households on the White Section 8 waitlist. Waidisted households Hispanic Source: BCACHA. Non -Hispanic 2,920 55% 495 9% 2,064 39% 4,449 83% 820 15% 23 0% 127 211 394 63 4,237 523 4,053 2% 4% 7% 1% 79% 10% 76% are largely categorized as extremely low income. African American and Hispanic Note: Demographic data is not provided for all applicants. Householdcharacteristics income and race/ethnicity categories will not sum to 100 percent. residents are disproportionately represented Source: BCACHA. on the Section 8 waitlist; African Americans account for less than 2 percent of the city's population, but 7 percent of waitlisted households. The BCACHA does not differentiate between City of Boise and Ada County applicants on the waitlist Meridian residents account for 10 percent of all voucher recipients, and are assumed to account for 10 percent of all waitlisted households. BBC RESEARCH & CONSULTING SECTION II, PAGE 1 Section 8 policies. According to BCACHA's website, households can check their status on the waitlist online or by calling or visiting the BCACHA office. Households are notified by mail when a voucher becomes available to them. To stay on the Section 8 and/or public housing waitlist, residents must report changes of address, phone, household members or local preference in writing within 10 working days of the change. Residents must also respond to requests made by the BCACHA. Failure to abide by these rules may result in the removal of residents from the waitlist.2 This information is presented on the rental assistance application found on the BCACHA's website. The online application is only available in English. The BCACHA closed its Section 8 waitlist on April 29, 201 lciting "large demand for rental assistance in the community, a limited amount of funding and federal budget cuts."' The BCACHA also recently suspended all Section 8 waitlist preferences, with the exception of the following categories: ■ Applicants with a Family Unification Program referral from the Department of Health and Welfare; ■ Applicants with a Homeless Program referral from one of the BCACHA recognized referring agencies; ■ Applications with a CATCH program referral from the City of Boise; ■ A household whose head or co-head (or at least one adult member) is working at least 20 hours per week, with verifiable income or whose head or co-head is participating in a BCACHA recognized job preparedness/self-sufficiency program or a household whose head or co-head is either elderly (62 or older), and/or handicapped and unable to work, and ■ A household whose head or co-head is fleeing their home due to domestic violence. If a household does acquire a Section 8 voucher, the BCACHA provides assistance to recipients in the following ways: ■ The BCACHA provides recipients with information on the location of accessible units in the region; ■ They provide residents with an online checklist to evaluate apartments. The BCACHA encourages residents to evaluate the condition of the unit and the neighborhood; the cost of utilities; and the home's proximity to public transportation, employment, schools, medical facilities and shopping. ■ The BCACHA encourages residents to find housing outside of high poverty areas in hopes of increasing access to good schools, job opportunities, better quality housing and responsive landlords. 2 These policies are presented on the rental assistance applications found here: hhro://www.bcacha.org/rental assist app 12- 07-2009.pddf 3 For more information on the Section 8 program: http://www.BC/ACHA.orgtRental_Assistance/Section_8/section_8.htm1 BBC RESEARCH St CONSULTING SECTION II, PAGE 2 Public housing. The BCACHA has 230 public housing units located in Boise. There are no public housing units in Meridian. Both facilities serve elderly residents and persons with disabilities. Both facilities contain a mix of studio, one bedroom and two bedroom apartments. The BCACHA also manages five scattered site duplexes in Boise with federal aid from HUD. If a Meridian resident was interested in moving into a public housing unit, they could obtain a public housing application at the BCACHA office or online. Applications must be mailed or hand delivered to the BCACHA office in Boise. The BCACHA website can be interpreted into many languages through the Google Translate tool; however, the public housing application is only available online in English. There are currently 168 families on the waitlist for public housing units. It is unknown whether any of these families currently reside in Meridian. The average wait time for a public housing unit ranges from three months to two years depending on the unit size requested. Figure II -2 summarizes the demographic characteristics of families on the public housing waitlist. Nearly all households on the waitlist (93%) have a household member with a disability. Figure II -2. BCACHA Public Housing Unit Waitlist, 2011 Nate: Demographic data Is not prnided for all applicants. As such, household characteristics, Income and race/ethnicity categories will not sum to 100 percent. Source: BC/ACHA. Applicants on Active Waftllst 168 100% Household Characteristics American Indian/Alaskan Native Families with children - 0% Elderly families 34 20% Families with disabilities 156 93% Income Extremely low Income 7 4% Very low Income 2 1 % Low income 2 1 % Race/Ethnicity American Indian/Alaskan Native 3 2% Asian 2 1% Black/African American 10 6% Native Hawaiian/Pacific Islander 1 1% White 138 82% Hispanic 15 9% Non -Hispanic 114 68% BBC RESEARCH & CONSULTING SECTION II, PAGE 3 Limited English Proficiency policy. Title VI of the Civil Rights Act of 1964 is "the federal law that protects individuals from discrimination on the basis of their race, color, or national origin in programs that receive federal financial assistance." 4 Compliance with Title VI requires that recipients of federal dollars provide language assistance to individuals with limited English proficiency (LEP). Otherwise, "failure to ensure that persons who are limited English proficient (LEP) can effectively participate in, or benefit from, federally assisted programs may violate Title VI's prohibition against national origin discrimination.v5 In 2007, HUD issued guidance to help federal assistance recipients understand their obligations to serving individuals with LEP. HUD suggests federal assistance recipients conduct a four -factor analysis to determine how to best service LEP individuals (explained below); develop a Language Assistance Plan (LAP); and provide appropriate language assistance to LEP individuals. HUD's four -factor analysis is a "flexible and fact -dependent" approach to helping federal assistance recipients determine which LEP populations to serve and how to best serve these populations. The four -factor analysis includes identifying the following: ■ The number of proportion of LEP persons eligible to be served or likely to be encountered by the program or grantee; ■ The frequency with which LEP persons come in contact with the program; ■ The nature and importance of the program, activity or service provided by the program to peoples' lives; and ■ The resources available to the grantee/recipient and costs. In addition to the four -factor analysis, HUD provides more specific guidance for Title VI compliance. HUD recommends recipients provide written translation of vital documents and oral translation of non -vital documents for LEP languages if the LEP group represents either 5 percent of the total population or 1,000 persons. HUD recommends that federal assistance recipients develop a language assistance plan (LAP) to describe how they intend to serve LEP individuals in their communities. The BCACHA's LAP was last updated in 2004, prior to HUD's 2007 guidance. According to the BCACHA's LAP, the housing authority is committed to quickly connecting LEP individuals to interpreters at no cost to the individual. BCACHA explicitly states that friends or family members of the LEP individual are not valid interpreters. Instead, the BCACHA utilizes bilingual staff members when available and a telephone interpreter service known as the Language Line Services. 4 Information an Title VI and HUD programs can be found here: http://portal.hud.gov/hudpor[al/HUD?sic=/ program offices/fair housing equal ogP/Rromotingfh/leo-faq 5 IBID. BBC RESEARCH & CONSULTING SECTION II, PAGE 4 The BCACHA's implementation plan does not specify when written interpretation of vital documents will be provided for residents, which is an important component of HUD's 2007 Title VI guidance. However, the BCACHA's rental assistance application for its Section 8 and public housing Programs does ask residents whether they need assistance with language interpretation. Assisted Housing Units The following summarizes the city's inventory of affordable housing units directly owned and operated by the city or constructed with federal subsidies and tax credits. Assisted units. There are 50 assisted units in Meridian developed from federal subsidies. All units are contained in one building, the James Court Apartments, located in central Meridian. The affordability requirement of this facility is set to expire in 2018. Figure II -3. Units with Subsidized Rent, City of Meridian, 2011 James Court Apartments 2190N Mendlan� 2018 so 0 -2920— The Idaho State Code requires that Idaho communities examine a number of community development categories in their Comprehensive Plans including land use; school facilities and transportation; housing; and economic development. The city's Comprehensive Plan examines these elements within the framework of seven key community values: ■ Manage growth to achieve high-quality development; ■ Enhance Meridian's quality of life for all current and future residents; ■ New growth should finance public service expansion; ■ Prevent school overcrowding and enhance education services; ■ Expand commercial and industrial development; ■ Improve transportation; and ■ Protect Meridian's self-identity. The Comprehensive Plan states, "opportunities for housing should be available for all income groups with a mix of housing including modular, ranchettes, townhouses, apartment housing, low-income housing, and mansions. A vibrant community needs a good cross-section of housing and therefore must guard against an abundance of subdivisions in like density and price range. High-density housing must be strategically located to public transportation, community services, and not negatively affect property values. ,6 Related to the goal of offering a diversity of housing types for a great range of choice are several action items listed in the City's Comprehensive Plan. Those action items are as follows: ■ Adopt land use designations that will allow for housing opportunities for all income levels. ■ Support a variety of residential categories (low, medium, medium-high, and high-density single- family, multi -family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities. ■ Require an open housing market for all persons, regardless of protected class, ie: race, sex, age, religion, disability, handicap, family status or ethnic background. ■ Ensure that no discriminatory restrictions are imposed by local codes and ordinances. ■ Look for incentives to encourage the development of accessible, single-family home designs. ■ Provide for a wide diversity of housing types (single-family, mobile homes and multi -family arrangements) and choices between ownership and rental dwelling units for all income groups in a variety of locations suitable for residential development' The Comprehensive Plan states, "The City of Meridian, as a recipient of the CDBG federal funds, and its partnering non -profits, are obligated to not discriminate in housing or services directly or indirectly on the basis of race, color religion, sex, national origin, age, familial status, or disability."a 6 City of Meridian Comprehensive Plan, Adopted April 19, 2011: page 36 7 City of Meridian Comprehensive Plan, Adopted April 19, 2011, page 53-55 9 City of Meridian Comprehensive Plan, Adopted April 19, 2011, page 82 BBC RESEARCH Sr CONSULTING SECTION II, PAGE 6 Zoning code review. To evaluate potential fair housing concerns within the city's zoning code, a "Review of Public Policies and Practices (Zoning and Planning Codes)" form recently circulated by the Los Angeles fair housing office of HUD was utilized. This section poses the questions from this checklist, along with responses about the city's code. Does the code definition of `family"have the effect of discriminating against unrelated individuals with disabilities who reside together in a congregate or group living arrangement? The City's code defines dwelling or dwelling unit as any structure, or portion thereof, providing independent living facilities for one "family" as herein defined, including provisions for living, sleeping, eating, cooking, and sanitation. The City's code defines the term family as A) a person living alone or two or more persons related by blood or marriage; B) A group of not more than ten persons who need not be related by blood or marriage living together in a dwelling unit; C) Eight or fewer unrelated mentally and/or physically handicapped or elderly persons residing in a dwelling under staff supervision, provided that no more than two stall members reside in the dwelling at any one time. Thus, group living for individuals with disabilities is allowed at the same level as individuals without disabilities, and group homes are allowed in all residential districts. The code does not discriminate against unrelated individuals with or without disabilities. The Meridian City Code does not reference Idaho State Code Section 67-6531 which defines a single family dwelling to include "any group residence in which eight (8) or fewer unrelated persons with disabilities or elderly persons reside and who are supervised at the group residence in connection with their disability of age related infirmity." However, the Meridian code does restrict the number of physically handicapped or elderly persons living together to eight persons when there is a need for supervision, similar to the State code. Zoning Regulation Impediment: Does the Code definition of `family"have the effect of discriminating against unrelated individuals with disabilities who reside together in a congregate or group living arrangement? NIA, see above. Zoning Regulation Impediment.- Does the Code definition of "disability "the same as the Fair Housing Act? The Zoning Code does not provide a definition of "disability," "disabled" or "handicap." Practice Impediment: Does the zoning ordinance restrict housing opportunities for individuals with disabilities and mischaracterize such housing as a `boarding or rooming house" or `hotel"? No. As discussed above, individuals with disabilities may live together in a single-family dwelling unit. The City code does not have a definition for boarding or rooming house. Practice Impediment: Does the zoning ordinance deny housing opportunities for disability individuals with on site housing supporting services? The definition of family that addresses individuals with disabilities recognizes the need for supervisors, which is linked to on-site support services. However, Meridian's Code does not go beyond that definition to address support services for individuals with disabilities living together in a single family dwelling unit. Does the jurisdiction policy allow any number ofunrelatedpersons to reside together, but restrict such occupancy, if the residents are disabled? No. The City code restriction on the number of unrelated persons who may reside together is the same for all residents, regardless of ability. BBC RESEARCH & CONSULTING SECTION II, PAGE 7 Does the jurisdiction policy not allow disabled persons to make reasonable modifications or provide reasonable accommodation for disabled people who live in municipal -supplied or managed residential housing? There are currently no municipal supplied or managed residential housing units in Meridian. Does the jurisdiction require apublic hearing to obtain public input for specific exceptions to zoning and land -use rules for disabled applicants and is the hearing only for disabled applicants rather than for all applicants? No. Public hearings are required to obtain a conditional use permit or zoning variance, but the hearing is not specific to persons with disabilities. Does the zoning ordinance address mixed uses? How are the residential land uses discussed.? What standards apply? Yes. The Meridian City Code does encourage mixed use, and there are 8 different future land use designations and 3 zoning districts. Depending on the type of mixed use area envisioned, and the zoning district, land uses are discussed/addressed differently. Some of the mixed use land use designations prohibit residential altogether, some have a minimum number of residential required, and some have a maximum. The emphasis in the City of Meridian Design Manual is on promoting aesthetically pleasing mixed-use developments within neighborhoods and building designs that vertically integrate mixed-use structures and/or horizontal mixed-use forms to create compact developments. Does the zoning ordinance describe any areas in this jurisdiction as exclusive? No. Are there exclusions or discussions of limiting housing to any of tbefollowing groups: race, color, sex, religion, age, disability, marital status or familial status and/or creed of national origin? No. Are there any restrictions for Senior Housing in the zoning ordinance? Ifyes, do the restrictions comply with Federal law on housing for olderpersons (i. e., solely occupied by persons 62 years ofage or older or at least one person 55 years of age and has significant facilities or services to meet the physical or social needs of older people)? No. Does the zoning ordinance contain any special provisions for making housing accessible to persons with disabilities? No. However, Meridian City Code 1-15-2.A, Fair Housing, states: With available resources, the City will assist all persons who feel they have been discriminated against because of race, color, religion, sex, national origin, disability, or familial status to seek equity under Federal and State laws by filing a complaint with the U.S. Department of Housing and Urban Development, Office of Fair Housing and Equal Opportunity, Compliance Division. Does the zoning ordinance establish occupancy standards or maximum occupancy limits? Only based on the definition of family which provides for a maximum of 10 unrelated persons in one dwelling unit. No other maximum occupancy for a residential dwelling unit. Does the zoning ordinance include a discussion affair housing? The zoning ordinance does not include a discussion of fair housing, but City code 1-15-2 contains the City's Fair Housing Ordinance which outlines how the City will assist those who feel they have been discriminated against and how the City will promote and publicize the Federal Fair Housing Law. BBC RESEARCH & CONSULTING SECTION II, PAGE 8 Describe the minimum standards and amenities required by the ordinance for a multiple family project with respect to handicap parking. Meridian zoning code requires compliance with ADA accessible parking standards. Does the zoning code distinguish senior citizen housing from other single family residential and multifamily residential uses by the application ofa conditional use permit (cup)? No. There is no separate definition for senior citizen housing. Does the zoning code distinguish handicapped housing from other single family residential and multifamily residential uses by the application ofa conditional use permit (cup)? No. How are "specialgroup residential housing" defined in the jurisdiction zoning code? There is no definition for special group residential housing or similar term. The term family is used, and sometimes Nursing or Residential Care Facility is used to define/classify a use. A Nursing or Residential Care Facility (NAICS Code 623) is defined as the "use of a site for providing assistance to individuals needed to perform the routines of daily life. The use includes, but is not limited to, children's treatment facility, assisted care, skilled nursing facility, residential care facility and drug and alcohol treatment facility." Does the jurisdiction's planning and building codes presently make specific reference to the accessibility requirements contained in the 1988 amendment to the Fair Housing Act? Is there any provision for monitoring compliance? There is no reference to the Fair Housing Act in the zoning code and no provision for monitoring compliance. Meridian City Code Title 1, Chapter 15 discusses Fair Housing discrimination and complaint procedures. The Meridian Building Code (2009 IBC, IRC) does contain accessibility requirements. The code references American National Standards Institute (ANSI) A 117.1 which contains similar language to accessibility requirements contained in the 1988 amendment to the Fair Housing Act. The city actively enforces its building code to ensure compliance with the Fair Housing Act's construction and design guidelines. Other Public Sector Programs and Services City housing and community development activities. Meridian works to ensure that residents have adequate and affordable housing by partnering with the Ada County Housing Authority (ACHA) and Neighborhood Housing Services (NHS) to provide down payment and closing costs assistance to low and moderate income homebuyers through the City's Community Development Block Grant program. COMPASS. The Community Planning Association of Southwest Idaho (COMPASS) serves as the metropolitan planning organization (MPO) for the Boise region. Unlike some states, regional planning organizations and jurisdictions in Idaho are not required to establish and monitor regional and local affordable housing development goals. Instead, COMPASS and other regional planning organizations in the state function as traditional MPOs, whose primary objectives include developing a regional transportation plan that adheres with federal regulations, allocating transportation improvement program funding and serving as a conduit of regional demographic, land use, transportation and GIS data and information. BBC RESEARCH & CONSULTING SECTION II, PAGE 9 COMPASS is an active regional planning organization and many of COMPASS's past and current studies encourage the coordination of transportation and land use planning to promote higher density development and transportation access. Public service provision in LMI areas. The city has served the defined LMI area in a variety of ways to ensure that municipal services are equally provided for throughout the community. The city recently used its CDBG funds for improvements to Centennial Park, located directly south of one of the city's identified LMI Census tracts. The improvements included the installation of a state-of-the- art NEOS 360 electronic play system, a picnic shelter, bike racks and game tables. The city has used CDBG funds to design improvements to sewer and water lines within the LMI area, and those improvements were recently constructed and paid for with city general funds. The main branch of the Meridian Library is located directly north of an identified LMI Census tract, and the Meridian Community Center which offers a wide variety of classes and activities, is located directly south of an identified LMI census tract. The city has used CDBG funds for the design of a segment of the Five Mile Creek Pathway within the LMI Area. CDBG funds will also be used to construct this pathway segment in 2012. This pathway segment will provide an important recreational opportunity as well as an alternative transportation corridor. In addition to the location of these municipal services, the city has coordinated a Community Clean - Up Day for the past 7 years. This Clean -Up Day has taken place within the downtown core of the city, at the heart of the identified LMI Area. The city's contracted waste collection company, SSC, is one of the primary partners for this important community event, and all the metal recycling money collected during the day is given to a local charity. Environmental justice. Title VI of the Civil Rights Act of 1964 requires consideration of the environmental and human health condition in minority and low income communities. Consideration of these areas must include an identification of geographic concentrations of minority and low income areas and analysis of benefits or burdens resulting from activities (e.g., transportation planning) that take place in these communities. The figure on the following page identifies COMPASS' "areas of environmental justice consideration" in Meridian and the Boise region. Meridian has one Census tract identified as an area of environmental justice (EJ) consideration. Currently, COMPASS reviews areas of EJ consideration for new projects. COMPASS tries to determine the impacts new projects (e.g., roadway, transit stop) will have on EJ areas, but projects are not funded simply because they fall within an EJ consideration area.' 9 Currently, the Denver Regional Council of Governments (DRCOG) awards points during the scoring process for transportation projects located in EJ consideration areas. BBC RESEARCH St CONSULTING SECTION II, PAGE 10 SECTION 111. Fair Lending and Complaints SECTION Ill. Fair Lending and Complaints This section of the City of Meridian Al is divided into two sections. The first section reviews fair housing complaint data and legal cases related to fair housing violations to highlight the prevalence of and trends in fair housing violations. The second part of this section contains an analysis of mortgage loan and community reinvestment data to detect fair lending concerns. Fair Housing Complaints The Federal Fair Housing Act, passed in 1968 and amended in 1988, prohibits discrimination in housing on the basis of race, color, national origin, religion, gender, familial status and disability. The Fair Housing Act covers most types of housing including rental housing, home sales, mortgage and home improvement lending, and land use and zoning. Excluded from the Act are owner -occupied buildings with no more than four units, single family housing sold or rented without the use of a real estate agent or broker, housing operated by organizations and private dubs that limit occupancy to members, and housing for older persons.' HUD has the primary authority for enforcing the Fair Housing Act. The State of Idaho's fair housing act prohibits discrimination on the basis of race, color, sex, religion, national origin and disability. It does not recognize familial status as a protected class. The law is also different from the Federal Fair Housing Act in that it covers providers with two or more units or properties. The state's fair housing law is enforced through the Idaho Human Rights Commission. The City of Meridian does not have a fair housing ordinance Contacts for complaints. Meridian residents who feel that they might have experienced a violation of the Fair Housing Act can contact one or more of the following organizations: ■ HUD's Office of Fair Housing and Opportunity (FHEO); ■ The Idaho Housing and Finance Association (IHFA); ■ The Intermountain Fair Housing Council (IFHC); ■ Idaho Legal Aid; and ■ The Idaho Human Rights Commission. Legal Aid and the Idaho Human Rights Commission refer residents who call about fair housing complaints directly to HUD. Similarly, IHFA does not enforce fair housing law and refers complaints or questions to the appropriate service provider. The city was a sponsor of the City of Boise's fair housing public awareness campaign in April 2011. The campaign was called Good Neighbors + Fair Housing = Strong Communities and was intended to increase community awareness and understanding of fair housing rights and responsibilities. Fair This is a very general description of the Fair Housing Act and the actions and properties covered by the Act. For more derailed information on the Fair Housing Act, please see the full text, which can be found on the U.S. Department of Justice's website, w .mdoj.gov/crt/housing/titte8.htin. BRC RESEARCH St CONSULTING SECTION III, PAGE 1 housing messages were spread to Treasure Valley residents through radio and television public service announcements, billboards, bus panels, bus benches and community presentations. The initiative was supported through the financial contributions of 15 partners, including Idaho Housing and Finance Association (IHFA), the Idaho Department of Health and Welfare, local banks, Valley Regional Transit and local broadcasting companies. HUD complaint investigation process. Housing discrimination complaints filed with HUD may be done online at (http://www.bud.gov/complaints/housediscrim.cfm), toll free at 1-800-669-9777, or by contacting the Office of Fair Housing and Equal Opportunity in Washington D.C. or Idaho's Fair Housing Hub located in Seattle, Washington. When HUD receives a complaint, HUD will notify the person who filed the complaint and will normally notify the alleged violator and allow that person to submit a response. The complaint will be investigated to determine whether there has been a violation of the Fair Housing Act. A complaint may be resolved in a number of ways. First, HUD will try to reach an agreement between the two parties involved. A conciliation agreement must protect the filer of the complaint and public interest. If an agreement is signed, HUD will take no further action unless the agreement has been breached. HUD will then recommend that the Attorney General file suit. If HUD has determined that a state or local agency has the same housing powers ("substantial equivalency") as HUD, they will refer the complaint to that agency and will notify the complainant of the referral. The agency must begin work on the complaint within 30 days or HUD may take it back. If, during the investigation, review, and legal process, HUD finds that discrimination has occurred, the case will be heard in an administrative hearing within 120 days, unless either party prefers the case to be heard in Federal district court. The State of Idaho and Meridian do not currently have substantial equivalency nor are they seeking such. HUD complaint trends. BBC obtained data from HUD's Seattle Regional Office of Fair Housing and Equal Opportunity (FHEO) on the number of housing discrimination complaints filed in Meridian from 2005 through 2011. Figure III -1 presents complaints by year. During the six year period, 18 complaints were filed in Meridian. The largest number of annual complaints was five in 2011. Figure III -1. Number of Fair Housing Complaints Filed 200_ with HUD, City of Meridian, 2005 to 2010 200E Source: 2007 HUD. 2008 2009 2010 2011 0 1 2 3 4 5 6 Number of Complaints BBC RESEARCH & CONSULTING SECTION 111, PAGE 2 Most complaints filed in Meridian were on the basis of disability status (61%). The remaining complaints were filed on the basis of race (17%), family status (11%) and national origin (6%) Two-thirds of all complaints filed in Meridian were filed by Meridian residents. Six of the 18 complaints filed in Meridian between 2005 and 2011 were filed by individuals from other communities looking for housing in Meridian, including Boise. The most common violation cited in complaints was failure to make reasonable accommodations (25%).' An additional 18 percent of complaints were filed because of discrimination in the terms, conditions and privileges relating to a rental property. Figure 111-2. Issues Cited in Complaints, City of Meridian, 2005 to 2010 Source: HUD. Failure to make reasanable Dlscdminatory terms, conditions, privileges ., servicesand fadlit ,(14.3%) (3.6%) Discriminatory refusal to rent and negotiate for rental (10.7%) Discrimination in terms/ candidons/privileges relating to rental (17.9%) Discrimination In the selling of residential real property (3.6%) to rent (3.6%) Discriminatory acts under / 6ec6on 818(sing, statements an noticsi(7. statements and notices (7.1%) Discriminatory refusal to rent (3.6%) Of the 18 cases filed in Meridian, I 1 cases were closed. Seven cases are still open. These cases were all filed in 2010 and 2011. The largest proportion of cases (64%) closed following a successful conciliation or settlement. The remaining cases (36%) closed after HUD found "no reasonable cause to believe that housing discrimination occurred."' IFHC complaint process. The Intermountain Fair Housing Council (IHFC) "is a nonprofit organization that promotes fair housing practice for housing consumers and housing providers throughout Idaho."' The IHFC is involved in fair housing education, compliance monitoring, enforcement activities (e.g., complaint investigation, testing, complaint filing) and mediation. When IFHC receives a complaint, they collect all information from the complainant that supports the complaint (e.g. doctor note) and determine whether the complaint meets four important factors to determine whether a complaint is valid: ■ The complaint occurred within the last year; ■ The action seemed to occur because the person fell within a protected class; ■ The individual that committed the potential violation is subject to Fair Housing Act; and ■ The complaint appears to be a prohibitive activity. One case was filed by a relief agency. No basis for discrimination was provided. 3 Complainants are allowed to cite more than one reason for discrimination when filing a complaint. For example, a complainant may cite discriminatory terms, conditions, privileges of services and facilities, as well as discrimination in terms/conditions/privileges relating to rental. ' For a definition of no cause determination, please visit. http,//portal.hud.gov/hudponal/HUD?src=/program offices/Fair housing equal opp/complaint-process 5 For more information on the Intermountain Fair Housing Council, please visit: http,//ifbcidabo,org/about.html. BBC RESEARCH bt CONSULTING SECTION III, PAGE 3 If the complaint requires additional facts to prove its validity, IFHC will conduct extra research and investigation (e.g., testing, check property tax records with the Assessor's office, gather additional documentation). Once sufficient information has been gathered, IFHC will advise the client on next steps. Next steps could include calling HUD directly to file a complaint by phone or IFHC staff can help individuals fill out complaint forms to ensure the complaint has strong documentation. IHFC faxes the complaint directly to HUD and also sends the complaint via registered mail. If IFHC has invested sufficient administrative resources into the complaint filing, they co -file a complaint. IFHC believes co -filing demonstrates to FHEO that there is strong merit to the case. Legal Cases As part of the fair housing analysis, legal cases occurring in the past ten years were reviewed to determine significant fair housing issues and trends in Meridian and the Boise region. None of these lawsuits occurred in Meridian; however, it is important to include them in the analysis to understand the types of cases that could occur in Meridian. Cases were found on websites maintained by the Department of Justice, the National Fair Housing Advocate and HUD. In many cases, text was borrowed directly from the legal briefs. An analysis of statewide complaints completed by BBC in summer 2011 found that the vast majority of fair housing legal cases in the State of Idaho occurred in Ada County and were related to developers, builders, engineers and/or architects failing to comply with the accessibility requirements of the federal Fair Housing Act and the Americans with Disabilities Act (ADA). Disability. United States v. Canal Street Apartments, et al. In 1998, the IFHC filed a complaint with HUD alleging that the Canal Street Apartments located in Boise, Idaho frustrated the IFHC's mission of eliminating discrimination by failing to construct and design the complex so that the public use and common use portions are readily accessible to and usable by individuals with disabilities and ground floor units contain features of adaptive design.' Upon finding reasonable cause for discrimination based on disability, HUD referred the case to the DOJ. In September 2002, the court filed a consent decree requiring the defendants to retrofit the ground floor units and public and common areas to matte them accessible to persons with disabilities; submit to periodic inspections and record-keeping; and pay $3,300 in monetary damages to IFHC, $5,000 to the Accessibility Improvement Program (AIP) of the Idaho Housing and Finance Association to promote handicap accessible housing construction and fair housing in the City of Boise and Ada County area, and a $6,500 civil penalty. The five-year consent order also requires the defendants notify HUD if they again design or construct multifamily dwellings and provide a written statement from any architect involved with the project that the plans include design specifications that comply with the requirements of FHA Accessibility Guidelines. G In this case, adaptive design included: (i) doors sufficiently wide ro allow passage into and within the unit by persons in wheelchairs; specifically including: doors to the bedrooms; doors to the bathrooms; doors to the walk-in closers; doors to the patio; (ii) threshold at the exterior primary entrance low enough to allow entry by persons in wheelchairs; (iii) bathroom floor space sufficiently clear for an individual in a wheelchair to enter and close the door, (iv) providing reinforcement in the walls at the tub and water closer to permit the later installation of grab bus. BBC RESEARCH Sr CONSULTING SECTION III, PAGE 4 United States v. Pacific Northwest Electric, Inc., et al. In January, 2001 the United States filed a complaint alleging that the defendants developers Walter T. Sigmont and Wirt Edmonds, Pacific Northwest Electric, Inc., Edmonds Construction Co., Inc., and architects Teal Whitworth Architects, P.A. and Capstone, Inc. located in Boise, Idaho discriminated on the basis of disability by failing to design and construct five Boise apartment complexes in accordance with the FHA's accessibility requirements for new multifamily housing. The five Boise complexes that were the subject of the suit are Grayling Place, Jade Village, Imperial Court, Eagleson Park and Harborview Station (formerly known as Lawton Apartments). Specifically, the defendants failed to design the apartment complexes so that the public and common areas are readily accessible to and usable by individuals with disabilities; all doors within the 72 ground floor units are sufficiently wide to allow passage by persons with disabilities who use wheelchairs; and the 72 ground floor units contain the features of adaptive design.7 In October, 2003, the court entered a consent decree, which required the defendants to retrofit the complexes by, among other things: removing steps; reconfiguring kitchens and bathrooms to provide added maneuvering space; widening doorways; leveling sidewalks; and adding accessible parking and curb ramps at an estimated cost of approximately $300,000. In addition, the defendants were required to pay damages in the amount of $29,000 to persons harmed by the lack of accessible features at the complexes, pay $5,000 in damages to the IFHC, and ensure that any new construction complies with the FHA. The consent decree remained in effect for two years. United States v. Thomas Development Co., et al. In February, 2002 the United States filed a complaint alleging that Thompson Development Co. and affiliated companies (defendants) engaged in a pattern or practice of discrimination on the basis of disability by failing to design and construct the ground floor units and public /common use areas in compliance with the accessibility requirements of the FHA. The defendants were alleged to commit these violations at 17 apartment complexes located throughout Southern Idaho in the cities of Boise, Meridian, Nampa, Shelly, Rexburg, Caldwell, Rigby, Lewiston and Jerome. The complaint also alleged that some of the defendants retaliated against a tenant family at one of the complexes by attempting to evict the family after one of the family members requested a reasonable accommodation for their disability. In March, 2005, the court entered a consent order, which included injunctive relief and monetary payments totaling $125,000. The consent order remained in effect for three years. Garcia v. Brockway. In May 2003, Noll Garcia (plaintiff) filed a complaint against the original owner/developer and designer of his apartment building in Boise, Idaho. The complaint alleged a failure to accommodate disabilities as mandated by the FHA. Mr. Garcia is disabled and uses a wheelchair for mobility and filed a complaint because the apartment complex he was lacked curb cuts from the parking lot to the sidewalk, didn't have a ramp to the front entrance door, and the doorways were too narrow to allow clear passage of his wheelchair. Mr. Garcia requested that management make appropriate accessibility improvements, which were ignored, as was his request that management build a ramp to his door or that he be relocated to a more accessible unit. In addition, Mr. Garcia sued the original builder and architect (Brockway and Robert Stewart, respectively), and the current owners and management (the Zavoshy defendants). See footnote 2 for qualifications of"adaptive design." BBC RESEARCH & CONSULTING SECTION III, PAGE 5 The defendants (Brockway and Stewart) argued that because they no longer owned the building (which they sold in 1994), their liability was time-barred by the statute of limitations in the FHA. Thus, the plaintiffs complaint would have had to been filed within two years following construction of the apartment building in 1993. The plaintiff countered, arguing that the failure to remodel the apartments constituted a continuing violation and that the statute of limitations take effect upon discovery of the alleged violations. Mr. Garcia also claimed that failure to make modifications constituted new violations. The court ruled that the continuing accessibility issues were an effect of a prior discriminatory act but not a continuing violation. The argument that the two-year statute of limitations should begin at discovery of a violation was deemed unworkable, as a developer would be liable for these violations indefinitely in spite of his or her ownership of the complex. Finally, the original developer was not found to be liable for refusal to make modifications while current management company was at fault. The defendant still had a remedy under the FHA with building owners, but his motion against the developers was dismissed. Claims against the current owners and management were settled out of court. United States v. S-16 Limited Partnership, et al. In April, 2003, the United States filed a complaint alleging that the owners and developers of the 254 -unit Village at Columbia apartment complex in Boise, Idaho and the architects and engineering firm involved in its design failed to design and construct the complex in compliance with the accessibility requirements of the FHA. Specifically, the defendants failed to design the apartment complexes so that the public and common areas are readily accessible to and usable by individuals with disabilities; all doors within the 76 ground floor units are sufficiently wide to allow passage by persons with disabilities who use wheelchairs; and the 76 ground floor units contain the features of adaptive design.a In March, 2005, the court entered the consent order requiring the defendants to retrofit the common use areas of the complex and 76 ground -floor apartments. The order also required defendants to pay $2,000 in damages to the IFHC, the original HUD complainant in the case, and to establish a fund of $40,000 to compensate victims of defendants' discriminatory practices. In addition, the order included a general injunction against future discrimination; a requirement that defendants inform HUD of future development and design work in which they become involved and obtain statements that design plans comply with the FHA; a mandate that defendants require all supervisory employees and agents to participate in fair housing training and certify that they have read the order; post signs describing their policy of nondiscrimination in housing; and meet reporting and record-keeping obligations. The consent order remained in effect for three years. Familial status. United States v. Blue Meadows Apartments, et al. In July, 1995 Blue Meadows Limited Partnership, the owner of Blue Meadows Apartments in Boise, Idaho (defendant) stated, adopted, and enforced a policy that imposed a limitation on the use of facilities by persons under the age of 18 years. Specifically, those rules required all occupants under the age of 18 years to be supervised whenever they were outside of their apartments; the rules also prohibited all people under the age of 18 years from using or occupying any of the common areas after 10 p.m., irrespective of adult or parental supervision. Defendants incorporated these rules into an addendum to the lease that tenants 9 See footnote 2 for qualifications of "adaptive design." BBC RESEARCH SS CONSULTING SECTION III, PAGE 6 were required to sign. Several residents of Blue Meadows that had children under the age of 18 filed complaints with HUD in 1999 and 2000. Upon finding reason for discrimination based on family status HUD referred the case to the DOJ for resolution. In September, 2002, the court entered a consent decree where the defendants agreed to delete the current restriction on persons under 17 from using the pool unless accompanied by a parent; limit any future age restrictions governing unaccompanied children using the pool to those under age 13; and refrain from instituting any other rules that restrict the use of common areas at by persons under 18, except those that apply to all persons, regardless of age. Defendants were also required to pay one of the plaintiffs $1,200 in damages. Religion. Intermountain Fair Housing Council v. Boise Rescue Mission Ministries. The Rescue Mission is an Idaho nonprofit funded through charitable donations from businesses, churches and the general public. The Rescue Mission operates two facilities in Boise. There were recently two cases filed against the Rescue Mission on the basis of religion. Case #1: Plaintiff Richard Chinn was periodically homeless during the years 2005 and 2006 and a guest of the homeless shelter located at the River of Life Facility. During his stays at the shelter, he had no other place to stay and intended to remain in the shelter in excess of several months. Chinn asserts that he was told by shelter staff that he would be required to participate in Christian religious activities such as chapel services in order to reside and eat meals at the shelter. He observed that guests of the shelter who did not attend chapel services were either required to wait in the dining room or were not permitted to enter the shelter until chapel services were completed. Chinn found the practices of the shelter to be coercive, unpleasant, embarrassing, and offensive to his religion. He did, however, participate in the religious services out of fear that if he did not participate, he would be denied housing and other services. Case #2: In addition to the homeless shelter, the Rescue Mission also provides a New Life Discipleship/Recovery Program, which is an intensive, one-year Christian -based residential recovery program for individuals with drug or alcohol dependency. In October 2005, Plaintiff Cowles was in jail on drug-related criminal convictions. Cowles contacted the Rescue Mission and requested that she be admitted into the Discipleship Program, stating that she was "focused on changing my life through God and spiritual growth," and that she is "desperately looking to fill this void in my life with spirituality and not drugs." Following admittance to the program, Cowles was required to participate in religious activities Cowles was upset at being forced to adopt the Christian religion. When Cowles requested that she be allowed to change to a non- religious program, she was put on "30 -day restriction" during which all her telephone calls with her attorney were monitored by Program staff and she was not allowed to participate in other limited activities that she previously had been allowed. Eventually, Discipleship Program staff wrote a letter to the judge presiding over Cowles' criminal case and informed the judge that Cowles "struggled with the Christian based program that was offered." Staff recommended to the judge that Cowles be given an opportunity to complete a non -faith -based program to allow her to "better focus on her recovery without the confliction of her beliefs." BBC RESEARCH St CONSULTING SECTION III, MAGE 7 Both cases were resolved recently in appellate court. The court found that since the Boise Rescue Mission is not a "dwelling," it is not subject to the requirements of the Fair Housing Act. The court also concluded that the religious practice requirements are protected by the Free Exercise Clause of the First Amendment. Fair Lending Analysis This section analyzes fair lending conditions in the City of Meridian using residential mortgage lending data from 2010 (the latest data available at the time this report was prepared). Community Reinvestment Act (CRA) ratings and Home Mortgage Disclosure Act (HMDA) data are commonly used in AIs to examine fair lending practices within a jurisdiction. As of 2004, HMDA data contain interest rates of high cost loans, which allows an analysis of high cost (subprime) lending patterns. CRA review. The CRA requires that financial institutions progressively seek to enhance community development within the area they serve. On a regular basis, financial institutions submit information about mortgage loan applications as well as materials documenting their community development activity. The records are reviewed to determine if the institution satisfied CRA requirements. The assessment includes a review of records as related to the following: ■ Commitment to evaluating and servicing community credit needs; ■ Offering and marketing various credit programs; ■ Record of opening and closing of offices; ■ Discrimination and other illegal credit practices; and ■ Community development initiatives. The data are evaluated and a rating for each institution is determined. Ratings for institutions range from substantial noncompliance in meeting credit needs to an outstanding record of meeting community needs. There are 24 banks with headquarters in Idaho; however, none of those banks are located in Meridian.' The Farmers and Merchants State Bank was located in Meridian, but moved its headquarters to Boise. Its last CRA rating while headquartered in Meridian was in 2002, and the bank received a "Satisfactory" rating. HMDA data analysis. HMDA data are widely used to detect evidence of discrimination in mortgage lending. In fact, concern about discriminatory lending practices in the 19705 led to the requirement for financial institutions to collect and report HMDA data. The variables contained in the HMDA dataset have expanded over time, allowing for more comprehensive analyses and better results. However, despite expansions in the data reported, HMDA analyses remain limited because of the information that is not reported. ' 2011 State of Idaho Al completed by BBC Research & Consulting. BBC RESEARCH & CONSULTING SECTION III, PAGE 8 As such, studies of lending disparities that use HMDA data carry a similar caveat: HMDA data can be used to determine disparities in loan originations and interest rates among borrowers of different races, edmicities, genders, and location of the property they hope to own. The data can also be used to explain many of the reasons for any lending disparities (e.g., poor credit history). Yet HMDA data do not contain all of the factors that are evaluated by lending institutions when they decide to make a loan to a borrower. Basically, the data provide a lot of information about the lending decision—but not all of the information. Since 2004, HMDA data include the interest rates on higher -priced mortgage loans. This allows examinations of disparities in high-cost, including subprime, loans among different racial and ethnic groups. It is important to remember that subprime loans are not always predatory or suggest fair lending issues, and that the numerous factors that can make a loan "predatory" are not adequately represented in available data. Therefore, actual predatory practices cannot be identified through HMDA data analysis. However, the data analysis can be used to identify where additional scrutiny is warranted, and how public education and outreach efforts should be targeted. HMDA data report several types of loans. These include loans used to purchase homes, loans to make home improvements and refinancing of existing mortgage loans, as defined below. Home purchase loan. A home purchase loan is any loan secured by and made for the purpose of purchasing a housing unit. ■ Home improvement loan. A home improvement loan is used, at least in part, for repairing, rehabilitating, remodeling, or improving a housing unit or the real property on which the unit is located. Refinancing. Refinancing is any dwelling -secured loan that replaces and satisfies another dwelling -secured loan to the same borrower. The purpose for which a loan is refinanced is not relevant for HMDA purposes. The HMDA data are separated into two primary loan categories: conventional loans and government - guaranteed loans. Government -guaranteed loans are those insured by the Federal Housing Administration and the Veterans Administration. This section uses the analysis of 2010 HMDA data to examine: ■ The geographic areas in Meridian where high-cost lending and loan denials are concentrated, and the correlation of these areas with concentrations of minority and low income households; and ■ Disparities in high-cost lending and loan denials across different racial and ethnic groups. BBC RESEARCH Sr CONSULTING SECTION III, PAGE 9 Methodology notes. There are two important methodological notes to highlight as part of this HMDA analysis: Only loan applications for owner -occupied properties are analyzed. ■ Loan applications are analyzed at the Census tract level. Aggregating Census tract data to jurisdictional boundaries may result in loan applications outside jurisdictional boundaries being included in community -level analysis. Types of loans. In 2010, there were 6,196 loan applications filed in the City of Meridian.1' Figure III -4 presents the distribution of loan applications by the types of loans applicants applied for in 2010. Most loans in the city were for conventional loans (67%). Figure 111-4. Types of Loan Applications, City of Meridian, 2010 Note: FHA -Insured Less than 1 percent of loan applications were for FSA or Rural Housing loans. These loans are not included in this Figure. The percentages in this Figure will not add to 100 percent. Source: Home Mortgage Disclosure AR, 2010. FSA -RHS Farm Service (0.045) Conventional (67.4%) Twenty-six percent of loans in 2010 were for Federal Housing Administration (FHA) loans. Meridian residents were slightly more likely to apply for FHA -insured loans in 2010 than Boise (22%) and Ada County residents (23%). Purpose of loan applications. When Meridian residents applied for mortgage loans in 2010, 60 percent of loan applicants applied for a mortgage refinance and 38 percent of applicants applied for a loan to purchase a home. Figure 111-5. Purpose of Loan Applications, City of Meridian, 2010 Source: Home Mortgage Disclosure Act, 2010. Reflnancinc (59.996 to These loans were filed in Census tracts that overlap with city boundaries. ne Purchase .3%) iprovement BBC RESEARCH & CONSULTING SECTION III, PAGE 10 The purpose of loan applications by Meridian residents changed between 2009 and 2010. In 2009, 69 percent of all loan applicants sought loans for a mortgage refinance and 29 percent applied for a loan to purchase a home. This change is due to a larger number of Meridian residents applying for refinances in 2009 compared to 2010. This could suggest that the Meridian housing market has stabilized a bit, as homeowners are less urgent to restructure existing home loans. Figure 111-6. Purpose of Loan Applications, City of Meridian, 2009 and 2010 Source: Home Mortgage Disclosure Act, 2009 and 2010. Home Purchase Home Refinancing Improvement Action taken on loan applications. Sixty-seven percent of loan applications submitted by Meridian residents in 2010 originated, while 14 percent were denied. The city's loan denial rate decreased slightly between 2009 and 2010; subsequently, its loan origination rate increased. Figure 111-7. Action Taken on Loan Applications, City of Meridian, 2009 and 2010 Source: Home Mortgage Disclosure Act, 2009 and 2010. 7140% 0% I Loan originated' 67.096 Application approved by not accepted Application denied by financial institution Application withdrawn by applicant File closed for incompleteness 0'M 11.096 I mi, 20% 40% 60% 80% 100% Meridian's 2010 denial rate was slightly lower than denial rates experienced by Boise (16%) loan applicants. Ada County residents overall had a 15 percent loan denial rate. BBC RESEARCH & CONSULTING SECTION III, PAGE 11 Figure III -8 compares loan outcome by loan type. Meridian residents primarily applied for conventional, FHA -insured and VA -guaranteed loan products. Conventional loan products had the highest denial rate at 15 percent, while VA -guaranteed loans had the lowest denial rate at 9 percent. FHA -insured loans had a denial rate of 12 percent. Figure 111-8. Action Taken on Loan Applications by Loan Type, City of Meridian, 2010 Conventional FHA -Insured VAguaranteedFSA-RHS Farm Service Source: Home Mortgage Disclosure Acg2010. Figure III -9 compares loan outcome by loan purpose. Home improvement loans have the highest denial rate at 33 percent. In fact, only one in every two home improvement loan applications submitted by a Meridian resident was approved in 2010. Home refinance loans had a denial rate of 18 percent, and only 7 percent of home purchase loans were denied by the lending institution. Figure 111-9. Action Taken on Loan Applications by Loan Purpose, City of Meridian, 2010 '1.196 ® 1.896 - ■ File dosed for ® incompleteness ■ Application withdrawn by applicant unar�uai upuusuon . Application approved by not accepted Loan originated Home Home Refinancing Purchase improvement Source: Home Mortgage Disclosure Act, 2010. BBC RESEARCH & CONSULTING SECTION III, PAGE 12 Seventy-eight percent of Meridian's home purchase loans were approved in 2010. This is good news for the city's housing market, as it demonstrates that the city has qualified buyers waiting to purchase homes. Meridian had a higher home purchase loan origination rate in 2010 than neighboring Boise (73%) and the county overall (75%). Denial rates by race and ethnicity. When applicants identified their race and ethnicity as part of their mortgage application, they most often identified themselves as racially white (96%) and ethnically non -Hispanic (97%).11 Figure III -10 presents loan outcomes by race and ethnicity. Denial rates were highest for applicants who were Black/African American (31%) and Native Hawaiian (19%). The city's Asian loan applicants had the lowest denial rate in the city (10%). As the last part of Figure II -10 shows, the most extreme disparity in lending occurs between African Americans and Whites: White applicants had loan origination rates that were 26 percentage points higher than African American applicants'. Similarly, African American applicants had denial rates that were 18 percentage points higher than White applicants'. It is acknowledged that African Americans comprised less than 1 percent of all loan applicants in the city in 2010. There is very little lending disparity between the city's Hispanic and non -Hispanic residents. Figure 111-10. Action Taken on Loan Applications by Race and Ethnicity, City of Meridian, 2010 Note: Nine percent of applicants did not identify their race and 9 percent did not Identity their ethnicity, in their loan application. This analysis only includes applicants that identified their race and ethnlc ty. Source: Home Mortgage Disclosure Act, 2010. 11 Nine percent of applicants did not provide their racial or echoic information. BBC RESEARCH & CONSULTING SECTION III, PAGE 13 Denial rate by race/ethnicity by census tract. A further examination of loan approvals by race/ethnicity is provided in the maps that follow. Figures III -11 and III -12 overlay Census tracts containing loan denial rates above the city's 14 percent denial rate with the city's racial and ethnic concentration maps. While there are no racial or ethnic concentrations in the city, the city does have LMI Census tract. One of those tract-103.22—has a higher denial rate than the city overall (16%), as does the adjacent tract, 103.21 (17%). However, the denial rates are not significantly different in these tracts than the city's denial rate overall. Figure 111-11. Census Tracts with Higher than City -Wide Average Denials by Percent Non - White, City of Meridian 2010 Note: The denial rate for all loans In the city overall was 14 percent. Source: Home Mortgage Disclosure Ad (NMDA), 2010 and 2010 Census. U,end HigharthMChy-Inde Aserg (N%) 'tenth. S.0% ""r III■ 5.8%bIB.09E: q _ 1111111'wa, th.1849E BBC RESEARCH & CONSULTING SECTION III, PAGE 14 Figure 111-12. Census Tracts with Higher than City -Wide Average Denials by Percent Hispanic, City of Meridian, 2010 Note: The denial rate for all loans in the city overall was 14 percent. source: Home Mortgage Disclosure Act (HMDA), 2010 and 2010 Census. tegene E�INlllheohm U7wnla Awr, (14%)4111, 14%) n un than 3.0% .,a., ' _ s0%0 v.0%n lllll� aare she, moss Applications submitted for loans in these two Census tracts comprise less than 10 percent of all loan applications submitted in the city. Loan applications submitted in these two tracts resembled loans for the city overall by purpose; however, loans applicants were more likely to apply for an FHA -insured loan in this portion of the city (35%) compared to the city overall (26%). Loan applicants applying for loans in these two tracts were slightly more likely to be denied loans for both conventional (18%) and FHA -insured loans (14%). Subprime analysis. Less than 1 percent (17 of 4,154) of Meridian's originated loans were considered subprime in 2010. There was no racial or ethnic disparity in subprime lending in 2010, indicating that subprime loans were not targeted to the city's racial or ethnic minorities. For example, nearly all subprime loan recipients that identified their ethnicity were non -Hispanic. 12 Additionally, subprime loans in Meridian are geographically dispersed, indicating that low income residents in the city's lowest income Census tracts were not targeted for subprime loans. 12 None of the subprime loan recipients provided racial information. BBC RESEARCH St CONSULTING SECTION III, PAGE 15 Public Input and Participation SECTION IV. Public Input and Participation This section discusses input from citizens, stakeholders and service providers regarding the development of the city's Al. Public input was gathered in the following ways: ■ A resident survey was distributed online and on paper between November 166 and December 156 of 2011-330 residents participants in the survey; ■ An online stakeholder survey was promoted by city staff and BBC in fall 2011-15 housing, fair housing and social service professionals responded; and ■ A focus group and in-depth interviews with service providers and housing developers were conducted in the fall and winter of 2011-12-11 individuals participated. The city's Al was completed in conjunction with its 2012-2016 Consolidated Plan. All public input components of the Consolidated Plan and the Al included questions pertinent to both studies. This insured maximum resident and stakeholder input into both processes. Resident Survey This section presents the results from the resident survey. Distribution strategy. A variety of organizations and mediums were used to publicize and distribute the resident survey. They are summarized in Figure III -1. Additionally, the resident survey was publicized in utility bills mailed to Meridian residents. The resident survey was publicly promoted through the city's website and public schools, as well as distributed through nonprofit organizations. As such, the survey is not meant to be interpreted as a statistically valid survey of all Meridian residents. Rather, the survey reflects the experiences and opinions of residents who were interested in responding to questions about their housing experiences. Figure W -l. Survey Distribution, City of Meridian, 2011 Ada County Boys and Girls Club Boise City/Ada County Housing Authority Clilef Joseph Elementary School City of Meridian City Clerk City of Meridian Planning Department. EI Ada Community Action Partnership Frle4:4 in Action Idaho Leagal Aid Services Idaho Office for Refugees Intermountain Fair Housing Council Under Elementary School Meridian Community Center Meridian Elementary School Meridian Food Bank Meridian: High School.. Meddian Library Meridian Middle School Meridian Senior Center Terry Reilly Health Services United Way of Treasure Valley Source: BBC Research& Consulting and City of Meridian. City of Meridian website City of Meridian electronic newsletter .City of Meridian Facebook page City of Meridian Twitter page HOA email distribution lists Press release to local newspapers Public school email list BBC RESEARCH & CONSULTING SECTION IV, PAGE 1 Demographic profile. The resident survey included several demographic and socioeconomic questions. Where possible, comparisons are made between survey respondent demographics and those for the city overall. Geography. Figure IV -2 displays survey respondents' place of residence in Meridian. The largest proportion of survey respondents live in North Meridian, defined as the area of the city north of Fairview Avenue/Cherry Lane. The remaining 44 percent of respondents were equally split between South Meridian (south of the Interstate 84) and Downtown/Central Meridian. Figure IV -2. Residence of Survey Respondents, City of Meridian, 2011 Note: n=329. Source: Meridian Resident Survey, 2011 and BBC Research k Consulting. BBC RESEARCH & CONSULTING SECTION IV, PAGE 2 Household profile. Figure IV -3 compares the household size of survey respondents to the size of all households in Meridian. On average, survey respondents have larger households than residents in the city overall. The vast majority of survey respondents have a household size of four (31%). Figure IV -3. Household Size of Survey Respondent Compared with Household Size for Meridian, 2011 31.4% 31.2% 21.69616.6% , _ 12.396— -11M 18.996 . _ 15_�-896 _ 14.496 1 person 2 person 3 person 4 person 5 person Note: n=292; According to the 2010 ACS, the average household size in Meridian is 2.89. Source: Meridian Resident Survey, 2011 and 2010 U.S. Census. ------- ----- Household �. Size of Survey. Respondent 10.6% ■. Household EM 6.3% Size (Census) More than 5 person Survey participants were asked to identify the language most commonly spoken in their home. Most respondents speak English (98%) at home.' Race and ethnicity. Figure IV -4 presents the race/ethnicity of survey respondents. Ninety-two percent of survey respondents identified themselves as racially White. Approximately 3 percent of survey respondents identified themselves as Hispanic. Compared to the proportion of Hispanics in the city (7%), a smaller proportion of Hispanics responded to the resident survey. Figure IV -4. Race/Ethnicity of Survey Respondents, City of Meridian, 2011 Note: n=305. Source: Meridian Resident Survey, 2011. n=299. Other (1.6%) Native Hawaiian or Other Pacific Islander (0.3%) 1 Ash Hispanic/Latino (2.696) n (2.396) Black or African American (1.096) Caucasian/White (92.1 %) BBC RESEARCH & CONSULTING SECTION IV, PAGE 3 Income. Figure IV -5 compares the household income distribution of survey participants with the distribution of the city overall. The largest proportion of survey participants earn between $50,000 and $75,000 per year (28%), which is close to the proportion those households represent in the city (24%). Overall, the survey has strong participation from the city's highest earning households. It should be noted that many survey respondents chose not to disclose their household's income. Figure IV -S. Household Income of Survey Respondents Compared with the Overall Household Income for Meridian, 2011 -zr.r%-__ __- 25.2% 24.5% -__ - 13.3% 19.0%, -- Mill 14.2% 12.1% 3.9% 3.9% ■ Household Income of Survey Respondents 21.0% Household Income (Census) Less than $10,000 to $25,000 to $50,000 to $75,000 to $100,000 $10,000 $24,000 $49,999 $74,999 $99,999 or more Note: n=231. Source: Meridian Resident Survey, 2011. Age. Figure IV -6 compares the age of survey respondents with the age of the city's householders. The survey had high participation from residents between 35 and 44 years of age. Sixteen percent of the city's householders are seniors, compared with 9 percent of survey respondents. Exhibit IV -6. Age of Survey Respondent Compared with Age of Householder, City of Meridian, 2011 40% —--- - ----37.9% --- - - - -: Age of Survey ` Respondent 30%-- __.26.5% 23.6% 19.2% 20.3% 163% 14.5% Age of 10.0% useh �.. 10% - -_— - _ _ 8.6% (C nsus)der^ 1.7% 3.2% 0% Less than 25 25 to 34 35 to 44 45 to 54 55 to 64 65 years years old years old years old years old years old and older Note: n=301. Source: Meridian Resident Survey, 2011 and 2010 LLS. Census BBC RESEARCH Er CONSULTING SECTION IV, PAGE Disability. Ten percent of survey respondents reported that a member of their household had a mental and/or physical disability. This is a higher rate of disability than that seen citywide (70/0).2 Most households with a disabled household member live in housing that meets their accessibility needs, as shown in Figure IV -7. Only one survey respondent provided information on their home's accessibility deficiencies. That individual was a senior in need of home modifications to make their home livable for their wheel chair, walker and oxygen machine (e.g., no bathroom on main floor, wider doorways). Exhibit IV -7. Disability and Housing Accessibility of Survey Respondents, City of Meridian, 2011 Note: n=322 and n=33. Source: Meridian Re9dent Survey, 2011. Do you or any member of your family have a disability? Does your current home meet the needs of the disabled. ',.. members of your current household? No (6%) No (90%) IMPI Yes (94%) Fair housing knowledge. Survey respondents were also asked whether they knew who to contact if they wanted to report an incidence of discrimination. Seventy-seven percent of survey respondents said they did not know who they would contact. Figure IV -8. Response to Question: "If you ever felt discriminated against and wanted to report it, do you know who you would contact?' Note: n=312. Source: Meridian Resident Survey, 2011. 2 2010 1 -year American Community Survey. No (77.2%) BBC RESEARCH bt CONSULTING SECTION IV, PAGE Survey respondents were asked what they would do if they or someone they knew felt discriminated against when trying to find a place to rent or buy a home. When respondents were provided with a list of potential fair housing resources, 44 percent of all survey respondents said they would contact the Boise City Ada County Housing Authority. Nearly 30 percent of respondents simply didn't know what they would do if they or someone they knew experienced discrimination when looking for a home. Figure IV -9. Action/Recommendation in Response to Housing Discrimination Note: n=323. Survey respondents were not limited in the number of choices they selected. As such, survey responses do not add to 100 percent. Source: Meridian Resident Survey, 2011. Call/see Boise City Ada County Housing Authority I don't know File a complaint 2 Call/see the Better Business Bureau 21.4% I Call/see Community Legal Services 18.3% Call/see/geta lawyer 13. % Call/see ACLU 6.5% '.. Call/see the Distri¢Attorney5.i% Other 4.6% Nothing 4.(X Call/see church/priest/pastor 3.7% i 0% 10% 20% 30% 40% 50% 100% Three percent of survey respondents responded to the question with "other." Some of the following responses were provided: ■ "It depends on the complaint. I need more information." ■ "HUD." ■ "I think people should be allowed to discriminate. Who am I to say someone else can't choose not to rent me their home for any reason." ■ "Find a different, more tolerant place to live." ■ "Depends on the situation. We have a gay couple in the community that has been targeted since they moved in, which is not OK." ■ "Call W cable news." BBC RESEARCH & CONSULTING SECTION IV, PAGE 6 Experience with housing discrimination. Most survey respondents do not believe they've experienced housing discrimination. Five percent of respondents do think they have experienced discrimination. Figure IV -10. Response to Question: "Have you ever experienced housing discrimination?" Note: n=321. Incidence of discrimination may have occurred outside the City of Meridian. Source: Meridian Resident Survey, 2011. I don't know (3.4%) Yes (4.7%) No (91.9%) As demonstrated in Figure IV -11, most residents that said they had experienced discrimination or were "not sure" if they had experienced discrimination provided their own reason for the basis of their discrimination, which were mostly related to credit and finances (e.g., self employed, on unemployment, partner's credit history). Figure IV -11. Reasons for Discrimination Note: n=20. Incidence of discrimination may have occurred outside the City of Meridian. Source: Meridian Resident Survey, 2011. Othi I have childre I have bad credit/bankruptcy/deb I'm poor/I couldn't afford My rar I'm a studel My gendi My partner/girlfriend/boyfrier and I are not marrie My sexual orientatic I have a disabllil I am not a U.S. citizr My religio I'm on Section 8/receiv government assistance for housin �r 45.0% I n .0 is 20.0 it % %%%'i e i20 10.015 it 10.0% !r 10.0%� d d 10.0%I n 0.0% y 0.0% I n 0.0% n 0.0% 9 0.0% 0% 10% 20% 30% 40% 50% 100% Most survey respondents that felt they had experienced discrimination or were unsure as to whether they'd experienced discrimination (85%) did nothing about the discrimination. In other words, they did not report it, nor did they file a complaint.' 3 n=20. BBC RESEARCH & CONSULTING SECTION IV, PAGE 7 Fair housing information and resources. Figure IV -12 presents the resources most residents would use for finding information about fair housing rights. Most survey respondents (77%) would rely on a general internet search to find information about fair housing. The Boise City Ada County Housing Authority was also identified by survey respondents as an important fair housing resource in the community. Figure N-11. Reasons for Discrimination Internet sea Housing Autho Source: Meridian Resident Survey, 2011. HUD web - Real estate offices or real[ City of Meridian web! Call a lawyer/ACLS or Legal Don't knr Call City Council or Ma: Libn Oil Rac 0'M 20% 40% 60% 80% 100% Summary of housing and community development needs. As part of the Consolidated Plan and Al survey, residents were asked to identify the most important needs in the community. Figure IV -12 summarizes the average response ranking for all activities across all seven housing and community development categories. On average, survey respondents considered fair housing services a low to moderate need (3.9 out of 9.0) in Meridian. BBC RESEARCH Fr CONSULTING SECTION IV, PAGE 8 Figure 111-21. Summary of Housing and Community Development Needs, City of Meridian, 2011 SenlorC Youth C ✓:' Child Care O Fj 9 Park and Recreational Fay b Health Care Fa e CommunityC _ Fire Stations and Equlp nters LR E Drainage lmprow Farr Housing Set Lead Based paint Testing/Abate Energy EHiclent Improven Housing for Foster 5 Source: Meridian Resident Survey, 2011. niers Water/Sewerlmprow Street/Alley Impraw b Street Li, e Sidewalk Improver _ ADA Improver nters Centers/Services for Din ,e Accessibility. Improver y Domestic Molenee Se IllBes 'substance Abuse Se n Homeless Shelters/Se nters HIV/AIDS Cerftairsand 5e N Neglected/Abused Children Came rand Se Family Self-sufficiency Se ent Senior Act C Youth Act Child Care Se E 2 Public Transportation Se eAn"Crime Pia U Health Se Mental Health Se Legal Se a Time Pla s Trash and Debris Rer .t GraBld Rer a° Cade Enforce moi Parking Far 2 Cleanup ofAhandoned Lots and Buil Start -Up Business Assis rents Small Business I lob Creation/Bete Employmentira rents Fagade over M Business Ment siness ,bled Commercial/lndustnal Rehab,ht Accessibility/ADA Improver Owner Ocqupled Housing Rehabllil Rental Housing Rehabilil HomeownershipAssls i m Affordable Rental Hol Ill Housing for qis' o Senior Hol m Housing for Large Far Farr Housing Set Lead Based paint Testing/Abate Energy EHiclent Improven Housing for Foster 5 Source: Meridian Resident Survey, 2011. niers 441 nterns e S A2 nters (Ides 5,5. q.6 IllBes nters 5.4 ent .9 ages 9. ment mant 4.1 ment kiting 5.1. rents 5.3 rents ,bled rents vlces vices 41'B 4:2 Vices q, Vices 3.3 ' I vlces 5.5 5.0 -. -_ vices v!ties 46 I._. es 6.1 vices 4.3 vices 9 52 rams vices 4 8 vices q.0 vices ,ting 41 oval 4.6 ,oval 9 n,mL 4, Iities ,9 ling:.. 5.1 ante 5.3 oars 5.2 IN 6.6 Alon ning 5.6 q.1 ents ving 4. ition 4. encs _ 3B Rion 41 ,tion'. 4,6 mce 48 sing 4.6 tiled 4 2 sing 4 5 Rlias 33 Aces. 9 rent 3.4 eats. 52 5.0 .it, 0.0 1.0 2.0 3.0 4.0 5.0 6.0 7.0 8.0 9.0 BBC RESEARCH & CONSULTING SECTION IV, PAGE 9 Stakeholder Survey and Focus Group Fifteen stakeholders participated in the online stakeholder survey, and an additional 11 stakeholders participated in a stakeholder focus group or key person interview.4 Organizations participating in the public input process represent individuals from a number of protected classes including seniors, immigrants, low income residents, persons with disabilities, persons and families who are homeless, persons with HIV/AIDS, persons with substance abuse/addition, victims of domestic violence, youth refugees, and veterans. Stakeholder survey and focus group results are summarized below. Fair housing discrimination in Meridian. As part of the stakeholder survey, stakeholders were asked to identify the types of discrimination their clients are most likely to experience. Stakeholder responses primarily fall under the following categories: ■ Problems obtaining housing because of strict credit requirement, unreasonable deposits, and a lack of rental history; ■ Denial of service animal requests; ■ Refusal to rent or steering to other properties away from desired property; ■ Discrimination targeting non-English speakers. Discrimination includes lack of interpretation of important documents, retention of security deposit; and ■ Denial of reasonable accommodation requests or requiring too much information for reasonable accommodation requests. Stakeholders were asked to identify the most common reason for housing discrimination in Meridian (e.g., race, familial status, disability). Stakeholders believe residents are most likely to be discriminated against because of disability status.5 Stakeholders also believe residents may experience discrimination in Meridian because of familial status (presence of children) and national origin.6 As demonstrated in their survey responses, stakeholders feel that the most common activity taking place in Meridian is "housing providers placing certain tenants in the least desirable units in a development,"' followed by "housing providers refusing to make reasonable accommodations for tenants with disabilities."' a Stakeholders were allowed to participate in the online survey and participate in the focus group or key person interviews. As such, there may be some overlap. 5 Five stakeholders identified this is a common discriminatory activity. 6 Four stakeholders identified this is a common discriminatory activity. 7 Five stakeholders identified this is a common discriminatory activity. P Four stakeholders identified this is a common discriminatory activity. BBC RESEARCH Sr CONSULTING SECTION IV, PAGE 10 Fair housing barriers in Meridian. As part of the stakeholder survey, participants were asked to evaluate possible fair housing barriers as "not a barrier," a "minor barrier," a "modest barrier," or a "serious barrier" to fair housing in Meridian. "Restrictive covenants by homeowner associations or neighborhood organizations" received the most designations as a serious barrier to fair housing in Meridian.' To further evaluate fair housing barriers in Meridian, focus group participants were asked to identify what they think are the greatest fair housing barriers in Meridian. Focus group participants identified the following fair housing barriers in Meridian: ■ Economic constraints. Census tracts that comprise downtown Meridian are HUD -designated LMI areas. Stakeholders feel it would be difficult for low and moderate income residents currently residing in the city's LMI area to move to other portions of Meridian. Lack of affordable housing. Stakeholders said a lack of affordable housing is a barrier to fair housing in Meridian. There are few subsidized units in Meridian and the BCACHA has no public housing units in Meridian. Additionally, the city's limited affordable housing stock is primarily located in central Meridian. ■ Lack of public transportation. Stakeholders recognize that a lack of public transportation is a barrier to fair housing choice in Meridian. A lack of public transportation may prevent residents from moving into Meridian and it may dictate where some residents reside in Meridian. Stakeholders suggested it was not uncommon for low income residents to move to Boise for greater public transit access. NIMBYism. Stakeholders suggested that certain types of residential projects, such as multifamily development, have been met by resident opposition in the past. As such, NIMBYism could impact future affordable and multifamily housing projects that could diversify neighborhoods and provide low income residents with opportunities to into traditionally higher income neighborhoods. Affordable housing development in Meridian. Three regional affordable housing developers were interviewed to determine why affordable housing has not occurred in Meridian and to identify opportunities for the city to help encourage affordable housing development in Meridian. Their input on the city's affordable housing market is summarized in this section. Development barriers. Affordable housing development, particularly for projects relying on Low Income Housing Tax Credits (LIHTC), has slowed down in all portions of the country. As such, there have been few affordable housing projects completed in the Boise region in recent years. ' Five stakeholders responded to this question. Three out of five stakeholders identified this as a serious barrier. BBC RESEARCH & CONSULTING SECTION IV, PAGE 11 Developers are not optimistic about the return of the LIHTC market because of federal budget cuts and the 5 percent local project investment required by IHFA for LIHTC projects. As such, local affordable housing developers are increasing the affordable housing stock in other ways. One developer has partnered with local private lenders to fund single family acquisition and rehabilitation projects in Meridian. Developers suggested that Meridian has a limited supply of affordable and available land for affordable housing development. More specifically, one developer said "land is currently not available where affordable development would make the most sense." Developers suggested that city -owned land in downtown Meridian should be used for affordable housing development. Affordable housing strategy. Developers suggested that the city first focus on preserving existing affordable units in the city by working with current property owners to ensure that existing affordable housing contracts do not expire. Secondly, the city should adopt a variety of tools to help reduce affordable housing development costs. These tools should be implemented soon to encourage affordable housing development when the market returns. Developers suggested the city should consider adopting the following tools and policies to help encourage affordable housing in Meridian: ■ Land donations, particularly in downtown Meridian where some density currently exists; ■ Property tax abatements on affordable projects; ■ Relax building code and design guidelines for affordable projects (rehabilitation and new construction); ■ Expedited review and permitting process for affordable housing projects to alleviate additional carrying costs; and ■ Development fee waivers (e.g., building permits, infrastructure costs, utility hook ups). BBC RESEARCH & CONSULTING SECTION IV, PAGE 12 SECTION V. Fair Housing Impediments and Action Plan SECTION V. Fair Housing Impediments and Action Plan This final section of the Meridian AI identifies impediments found during the research process; and concludes with a recommended Fair Housing Action Plan for the City of Meridian. Summary of Needs The following summarizes the major findings from Sections I through IV of this report. Demographic and racial and ethnic concentrations analysis. The last 10 years in Meridian have been defined by rapid population growth. The city grew from approximately 35,000 residents to 75,000 residents between 2000 and 2010. Meridian currently accounts for 19 percent of Ada County's total population; however, the city accounted 44 percent of Ada County's growth in the last 10 years. The city's residents are primarily racially White (92%) and ethnically non -Hispanic (93%). Hispanics are the fastest growing minority group in Meridian. In 2000, there were approximately 1,100 Hispanics living in Meridian, compared with more than 5,000 in 2010. There are no areas of racial or ethnic concentration in the city. The city's original downtown area, which is a HUD LMI area, contains concentrations (based on HUD's definition of disproportionate need) of low income households. This portion of the city also contains a larger proportion of persons with disabilities. Housing market analysis. Since 2000, the proportion of renter households in Meridian has grown froml6 percent to 23 percent. In other words, more households rent their home now than in 2000. The median rental rate in Meridian is $965, which is higher than the median rent in Ada County ($751) and neighboring Boise ($718). The rental market has primarily been constructed for households earning between $25,000 and $50,000 per year. As such, there is a gap of approximately 1,000 rental units for the 1,700 renter households in Meridian earning less than $25,000 per year. There are no public housing units and 50 subsidized units in Meridian. An estimated 185 Section 8 vouchers administered by the Boise City Ada County Housing Authority are used in Meridian, and 550 Meridian households are currently on the Section 8 waitlist. The BCACHA recently closed the Section 8 waitlist, indicating that households needing housing assistance in the near future will not be able to apply for the Section 8 program. Like most communities in the U.S., Meridian has been impacted by foreclosures. According to RealtyTract data, Meridian may have had as many as 55 foreclosure filings just in November 2011. While no portion of Meridian has been immune to foreclosures, the city's downtown area has been particularly impacted. For example, in 2010, more than half of all sales in one downtown Census block group were for bank owned properties. BBC RESEARCH It CONSULTING SECTION V, PAGE 1 Public transportation and amenities. Like many western communities, residents in Meridian and the Boise region are primarily dependent on cars for transportation. Nearly 80 percent of Meridians residents drove alone to work each day. And, less than 1 percent of the city's workers relied on public transportation for their work commute.' Public transportation opportunities are limited in Meridian. Although Meridian lies along Valley Ride Transits regional bus line, the purpose of the regional bus system is largely to connect Boise to Nampa. Residents and stakeholders both noted that public transportation opportunities in Meridian are very limited. The city has served the defined LMI area in a variety of ways to ensure that municipal services are provided equally throughout the community. The city recently used its CDBG funds for improvements to Centennial Park, located directly south of one of the city's identified LMI Census tracts. The city has used CDBG funds to design improvements to sewer and water lines within the LMI area, and those improvements were recently constructed and paid for with city general funds. The main branch of the Meridian Library is located directly north of an identified LMI census tract, and the Meridian Community Center is located directly south of an identified LMI census tract. The city has used CDBG funds for the design of a segment of the Five Mile Creek Pathway within the LMI Area. CDBG funds will also be used to construct this pathway segment in 2012. This pathway segment will provide an important recreational opportunity as well as an alternative transportation corridor. In addition to the location of these municipal services, the city has coordinated a Community Clean - Up Day for the past 7 years. This Clean -Up Day has taken place within the downtown core of the city, at the heart of the identified LMI Area. The city's contracted waste collection company, SSC, is one of the primary partners for this important community event, and all the metal recycling money collected during the day is given to a local charity. Complaint, legal and lending analysis. In the last six years, 18 fair housing complaints were filed for activities taking place in Meridian. Most complaints were filed on the basis of disability status (61%), followed by race (17%), familial status (I1%) and national origin (6%). Eleven of the 18 cases are closed. Most (64%) cases closed following a successful conciliation or settlement; these cases involved discrimination based on disability or familial status. No recent fair housing legal cases have occurred in Meridian. An analysis of statewide complaints completed by BBC in summer 2011 found that the vast majority of fair housing legal cases in the State of Idaho occurred in Ada County and were related to developers, builders, engineers and/or architects failing to comply with the accessibility requirements of the federal Fair Housing Act and the Americans with Disabilities Act (ADA). There is no evidence of lending discrimination occurring in Meridian. In 2010, Hispanics accounted for 7 percent of the city's population and 3 percent of the city's loan applicants. Denial rates among Hispanic loan applicants (15%) were slightly higher than White applicants (13%); however, the difference is not enough to suggest lending discrimination. Denial rates among Black/African American loan applicants were 31 percent, which is much higher than White applicants. While Black/African American loan applicants experienced much higher denial rates (38%) than White I Means of transponation to work statistics from the 2010 American Community Survey 1 -year estimate. BBC RESEARCH & CONSULTING SECTION V, PAGE 2 applicants; however, too few applications were submitted by African Americans to truly analyze lending disparities. There were two Census tracts in Meridian that had higher loan denial rates than the city overall; these areas did not correlate to the city's low income areas. Furthermore, there was no racial or ethnic disparity in subprime lending in 2010, indicating that subprime loans were not targeted to the city's racial or ethnic minorities. Public Input. The public input process for the city's Consolidated Plan and Al included a resident survey (330 responses), a stakeholder survey (15 responses), a stakeholder focus group (seven participants) and key person interviews (six interviews)? The city's outreach effort involved numerous organizations representing individuals from a number of protected classes including seniors, immigrants, low income residents, persons with disabilities, persons and families who are homeless, persons with HIV/AIDS, persons with substance abuse/addition, victims of domestic violence, youth refugees, and veterans. Five percent of survey respondents definitively reported that they had experienced housing discrimination in Meridian. Many stakeholders feel that discrimination happens more frequently in Meridian, particularly for persons with disabilities, families with children/pregnant women and persons of a different national origin. Stakeholders identified a number ways discrimination may be occurring in Meridian. These include: ■ Problems obtaining housing because of strict credit requirement, unreasonable deposits, and a lack of rental history; ■ Denial of service animal requests; ■ Refusal to rent or steering to other properties away from desired property; ■ Discrimination targeting non-English speakers. Discrimination includes lack of interpretation of important documents, retention of security deposit; and ■ Denial of reasonable accommodation requests or requiring too much information for reasonable accommodation requests. Stakeholders identified a number of potential fair housing barriers in Meridian. Survey participants noted that "restrictive covenants by homeowner associations or neighborhood organizations" is potentially a serious barrier to fair housing in Meridian. Focus group participants also believe economic constraints, lack of affordable housing, lack of public transportation and NIMBYism may also be barriers to fair housing in Meridian. Fair Housing in Meridian In 2007, one of the housing impediments identified in the city's AI was related to the need for potential renters, buyers, and the general public to understand the requirements of the Fair Housing Act. In response to this impediment, the city added information to its website about the city's Fair Housing Strategy and other housing related resources for members of the community to access. 2 Some stakeholders participated in more than one outreach efForr. BBC RESEARCH St CONSULTING SECTION V, PAGE 3 In addition, the City was a sponsor of the City of Boise's fair housing public awareness campaign in Apri12011. The campaign was called Good Neighbors + Fair Housing= Strong Communities and was intended to increase community awareness and understanding of fair housing rights and responsibilities. Fair housing messages were spread to Treasure Valley residents through radio and television public service announcements, billboards, bus panels, bus benches and community presentations. The initiative was supported through the financial contributions of 15 partners, including Idaho Housing and Finance Association (IHFA), the Idaho Department of Health and Welfare, local banks, Valley Regional Transit and local broadcasting companies. Fair Housing Impediments and Action Plan The City of Meridian has evolved from a small, isolated farm community to an integral part of the Boise region. The city's convenient proximity to the region's major service centers, Boise and Nampa, has undoubtedly contributed to the city's rapid growth in the last 10 to 20 years. However, the city is more than a bedroom community to its neighbors. The city is now the home of a major regional medical facility (St. Luke's), and Meridian is well-positioned to attract additional business growth in the future. As the city's role in the region has evolved, so has its population. The city's residents are aging, and its Hispanic population has grown in the last 10 years. The city's changing population makes fair housing awareness even more important. As such, the Fair Housing Action Plan (FHAP) is intended to help the city welcome new residents and retain existing residents as it continues to grow and evolve in the region. IMPEDIMENT NO. 1. Lack of affordable housing. The city has a limited inventory of affordable units for its size. Affordable housing development has recently been limited to acquisition and rehabilitation of single family units in the downtown area. As such, low and moderate income residents may have a hard time finding an affordable unit, particularly outside the downtown area. Stakeholders participating in the public outreach efforts all suggested that a lack of affordable housing was a barrier to fair housing in Meridian. Why is this a barrier? Lack of affordable housing can lead to income, racial and ethnic segregation and may disproportionately restrict housing choices for certain protected classes. This may occur because racial and ethnic minorities have lower incomes or because persons with disabilities require specific housing accommodations and need affordable housing due to limitations on employment. Action item 1.1. —Preserve existing affordable housing units in the city. The city has a limited affordable housing stock. The city should aggressively attempt to preserve existing affordable units in the city by working with current property owners to ensure that existing affordable housing contracts do not expire. This would include identifying affordable housing owners in the city and understanding their needs for retaining the affordability component of their property. Action item 1.2. — Convene an affordable housing task force to investigate ways to develop new affordable housing. The city should convene an affordable housing task force to identify ways to encourage affordable housing development in Meridian. The task force should include community development staff, developers, representatives of the finance and banking industry and representatives from the city's economic development organizations. The task force could also include existing affordable housing property owners. BBC RESEARCH & CONSULTING SECTION V, PAGE The primary task of the committee would be to identify tools used by other neighboring and regional communities to encourage affordable housing development, and determine what may work in Meridian. Some of these tools, which were identified by local affordable housing developers during the public input process, include the following: ■ Property tax abatements on affordable projects (this task will require input from Ada County); ■ Relaxed design guidelines for affordable projects (rehabilitation and new construction); ■ Expedited review and permitting process for affordable housing projects to alleviate additional carrying costs; and ■ Development fee waivers (e.g., building permits, infrastructure costs, utility hook ups). The Idaho Housing and Finance Association (IHFA) is responsible for administering the Low Income Housing Tax (LIHTC) program in Idaho. Local communities are required to contribute 5 percent of the cost of the project to be eligible for LIHTCs projects in their community. As such, Meridian should identify ways to generate funds for this local match if a potential affordable project is proposed in their community. The city should investigate the fiscal tools other Idaho communities have implemented to generate this local contribution. IMPEDIMENT NO. 2. Potential resident opposition to affordable housing development. Stakeholders suggested that certain types of projects in Meridian have historically been met with resident opposition. Opposition against certain types of development is often referred to as "Not in My Backyard Syndrome" (NIMBY). Strong resident opposition to affordable projects may result in future projects being declined. Why is this a barrier? In reviewing AIs, HUD gives consideration to how communities hold themselves out to residents. Do they appear to be welcoming? Warm? Or exclusive? It is thus important in this era of fair housing that communities and residents project a positive image of housing choice and diversity. Action item 2.1. — Continue to participate in the regional fair housing awareness campaign and tailor it to current needs. In 2011, the city participated in the Good Neigbbors + Fair Housing = Strong Communities campaign to raise awareness of fair housing in Meridian. The city should continue this campaign to ensure residents are aware of their responsibilities, as well as the city's responsibilities, in affirmatively furthering fair housing in Meridian. The campaign should be modified to include issues raised as part of this AI. For example, the campaign should discuss the importance of having a variety of housing types in all neighborhoods to ensure all residents are welcome throughout Meridian. The campaign should also include some outreach to local HOAs to ensure their covenants, conditions and restrictions (CCRs) do not violate the Fair Housing Act. The city should provide HOAs with the contact information for community development and legal staff to review CCRs if necessary. IMPEDIMENT NO. 3. Limited public transportation opportunities. The city has limited public transportation opportunities. This has the effect of disconnecting Meridian from the rest of the region, particularly for residents reliant on public transportation. This has a disproportionate impact on persons with disabilities who often rely on public transportation, as well as low income residents. BBC RESEARCH & CONSULTING SECTION V, PACE 5 Why is this a barrier? Lack of transit opportunities creates a barrier to fair housing choice because it may have the effect of preventing certain types of residents—specifically persons with disabilities, seniors and low-income individuals—from living in a community or in certain parts of a community. Action Item 3.1. Continue to stay engaged in regional transportation planning efforts, leverage local resources for local transit opportunities and seek partnerships. Regional transit is costly, and solutions to solving regional transit issues will not occur overnight. The city must develop a long term strategy to solving public transportation issues in the community. The city's Transportation Task Force should stay intact and should continue working on the city's initial transit plan. This plan is still in its early stages, but is envisioned to eventually provide reliable, fixed -route service throughout the community. Partnerships will be key to getting a public transit system off the ground. Besides VRT, COMPASS, Joint School District #2 and the City Council will all need to play a role. The city should stay engaged in regional planning efforts and identify opportunities for modifying existing bus routes or adding stops to existing routes. The city should also work with the Idaho Transportation Department to identify grant opportunities for improving public transportation infrastructure if additional bus stops become available (e.g., bus shelters, curb cuts). The city should also identify local partners reliant on public transportation to leverage resources and generate local transportation partnerships. This could include using the senior center transportation service for persons with disabilities or identifying opportunities to partner with the local school district for out of district trips. IMPEDIMENT NO. 4. Lack of understanding by developers and landlords about housing accessibility requirements. A "lack of understanding by developers and landlords about housing accessibility requirements under the ADA" was identified as an impediment in the city's last Al, and continues to be an impediment in the city. Nearly all legal cases that have occurred in the Boise region in recent years have occurred against developers, builders, engineers and/or architects failing to comply with the accessibility requirements of the federal Fair Housing Act and the Americans with Disabilities Act (ADA). Additionally, 61 percent of all fair housing complaints filed in Meridian in the last six years have been on the basis of disability status, primarily for failure to make reasonable accommodations for a disability.3 Why is this a barrier? Persons with disabilities are a protected class under the Fair Housing Act Action Item 4.1. Tailor fair housing outreach campaign to address the needs of persons with disabilities. BBC recommends that the city continue its fair housing outreach campaign (Action Item 2.1). As part of that campaign, the city should tailor its message to highlight the needs and rights of the city's disabled population. 3 Twenty-five percent of all complaints filed in Meridian between 2006 and 2011 cited "failure to malce a reasonable accommodation." BBC RESEARCH 6t CONSULTING SECTION V, PAGE 6 Action Item 4.2. Expand outreach and education to Meridian's landlords. As part of the city's fair housing outreach campaign, city staff should visit multifamily properties in the city to ensure landlords are aware of fair housing law and requirements for serving persons with disabilities. City staff could also coordinate with a local FHIP to conduct outreach and training to Meridian landlords. Action Item 4.3. Train community development staff on ADA and fair housing design and construction guidelines. The city should ensure that all staff members involved in the building plan review process are aware of the design and construction requirements of the ADA and the Fair Housing Act to ensure all new units are in compliance with the legislation. PY2012-2016 fair housing goals. The matrix on the following page summarizes the city's FHAP to minimize impediments. BBC RESEARCH & CONSULTING SECTION V, PAGE 7 Ax, City of Meridian, PY2012-2016 units in the city. m Identify existing owners of affordable housing units In Meridian. Coals Accomplishments X • Meet with affordable housing owners and help encourage them to not let X X X X contracts on affordable units expire. force to . Meet with afffordable housing task force quarterly to discuss strategies for X X rdable housing. developing new affordable housing units in Meridian •Identify tools that the city could Implement to encourage affordable housing X development In Meridian. Discuss Implementation of these tools in Meridian. • Present two strategies developed by the affordable housing task force to City X Council for consideration. . Implement affordable housing tools In Meridian. X X rsition to affordable ial fair housing housing development. . Monetarily sponsor the regional fair housing awareness campaign. X X X X X current needs. • Design and distribute flyers and display posters In Meridian specific to the X X X X current fair housing needs in Meridian. I transportation . Research state and federal transportation grants and determine 9 they could X cres for local help support public transit planning efforts in Meridian. erships. • Meet monthly with the Meridian Transportation Task Force, the ACHD Capital X X X X X Improvement Citizen Advisory Committee (ACHD CICAC), the COMPASS Regional Technical Advisory Committee (COMPASS RTAC), and Meridian's by developers Traffic Safety Task Force. and In to address the landlords about housing accessibility requirements. • As part of regional fair housing awareness campaign, address needs of persons with disabllitles, such as including information about reasonable X X X accomodatlons and service animals in campaign message. X X leridian's • Conduct fair housing training in Meridian specific to landlords. X X X on ADA and fair •Conduct an internal training for Community Development staff on fair X X X X X defines. housing design and construction guidelines. moulting. SECTION V, PAGE 8 Structure for Oversight Responsibilities, Monitoring & Evaluation The completion of this Al was overseen by the City of Meridian's Department of Community Development. Community Development will be ultimately responsible for carrying out the Fair Housing Action Plan. To ensure that each activity is carried out, Community Development will conduct an evaluation of each activity during each program year and identify additional areas that require study or analysis and how to address the additional areas. As part of the annual Consolidated Annual Performance and Evaluation Report (CAPER), Community Development will include a summary of the following: ■ Actions taken to affirmatively further fair housing: ■ A summary of impediments to fair housing choice in the Al; and ■ Identify actions taken to overcome effects of impediments identified in the Al. Per Section 2.14 in HUD's Fair Housing Planning Guide, Community Development will maintain the following data and information as documentation of the city's Fair Housing Action Plan: ■ A copy of the Al and any updates. ■ A list of actions taken each year as part of the Fair Housing Action Plan to eliminate the impediments identified in the Al. At the end of each program year, the city will submit information to HUD about the actions taken to fulfill the Fair Housing Action Plan and an analysis of their impact. BBC RESEARCH & CONSULTING SECTION V, PAGE 9 Meridian City Council Meeting TE: March 7, 2012 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Items Moved From Consent Agenda MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: March 7, 2012 ITEM NUMBER: 9A ITEM TITLE: MYAC Update PROJECT NUMBER: MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: March 7, 2012 ITEM NUMBER: PROJECT NUMBER: AP 12-001 ITEM TITLE: Lee White AUP 12-001 Denial Appeal Continued from February 28, 2012: AP 12-001 Request: Appeal for a City Council Review of the Director's Denial of an Accessory Use Permit (AUP 12-001) for a Home Occupation by Lee White Located at 1750 N. Ten Mile Road MEETING NOTES --/, 31,11, / Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: March 7, 2012 ITEM NUMBER: 10B PROJECT NUMBER: ITEM TITLE: Discussion and Action on Transfer of Franchise Agreement to Perform Solid Waste Collection and Disposal Services From Sanitary Services Company to Republic Services MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: March 7, 2012 ITEM NUMBER: 10C PROJECT NUMBER: ITEM TITLE: Resolution No. /oZ - o y� A Resolution Approving the Transfer of the Franchise Agreement to Perform Solid Waste Collection and Disposal Services from Sanitary Services Corporation, Inc. to Republic Services MEETING NOTES %%BUJ Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN RESOLUTION NO. OZ " O q q BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, APPROVING THE TRANSFER OF FRANCHISE AND ASSIGNMENT OF THE FRANCHISE AGREEMENT TO PERFORM SOLID WASTE COLLECTION AND DISPOSAL SERVICES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Sanitary Services Corporation, Inc., formally known as Sanitary Services, Inc. (SSC) owns, operates and maintains a solid waste collection and disposal service in the City of Meridian, Idaho ( the "Franchise Authority"), pursuant to an exclusive Solid Waste Collection and Disposal Services Franchise Agreement ("Agreement'), and SSC is the duly authorized holder of the Franchise; and WHEREAS, SSC has informed the City of its plans to sell its privately held business to Allied Waste Services of North America, LLC, a company wholly owned by Republic Services of Idaho (Republic Services), including the transfer of the Franchise and assignment of the Agreement with the City of Meridian; and WHEREAS, pursuant to Article 15 of the Agreement to Perform Solid Waste Collection and Disposal Services, SSC has the right to assign this Franchise or otherwise transfer it with the express, written approval by the City of Meridian, pursuant to the terms of the Agreement; and WHEREAS, the Franchise Authority has investigated the qualifications of Republic Services and finds it, to be a solid waste disposal entity with sufficient experience and financial resources to be a suitable assignee; and WHEREAS, the Franchise Authority confirms that: (a) the Agreement is currently in full force and effect; and (b) SSC is in material compliance with the provisions of the Agreement; and WHEREAS, approval of the transfer and assignment by the Franchise Authority will require Republic Services to continue to perform under the terms and conditions of the Agreement, and to provide those additional services and programs which are listed in the attached Exhibit A, that have been instituted by SSC since the implementation of the Agreement. The parties may negotiate future changes, additions, or deletions of the current services and programs. RESOLDTION APPROVING THE TRANSFER OF THE FRANCHISE AND THE ASSIGNMENT OF THE FRANCHISE AGREEMENT TO PERFORM SOLID WASTE COLLECTION AND DISPOSAL SERVICES -1 OF 2 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That the Franchise Authority hereby consents to and approves, subject to applicable law, the transfer by SSC of its right, title and interest in the Franchise to Republic Services, and the assignment of the obligations of SSC under the Franchise Agreement to Republic Services. Section 2. That Republic Services will continue to perform under the terms and conditions of the Agreement, including those additional services and programs which are listed in the attached Exhibit A. Section 3. That the City shall direct any future notice under this Agreement to: Dave Fisher, Idaho General Manager Republic Services of Idaho 11101 W. Executive Drive Boise, ID 83713 208-685-7752 Section 4. That this Resolution shall be deemed effective upon Closing, April 1, 2012. ADOPTED by the City Council of City of Meridian, Idaho this 1 day of QA-gL, , 2012. --744— APPROVED 4-.APPROVED by the Mayor of the City of Meridian, Idaho, this day of DM QAXLN–� 2012. APPROVED: Conktnw<d 4o 3/13/Id TAMMY DE WEERD, MAYOR ATTEST: JAYCEE L. 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V CO L C C G :9 N VI V) 4 0 0 Vl VI VYl N V 3 u^ m m m `0Ln o A opo pp N e -I m 0 H O u u u u u 4f) u N H ei m H u 00 Vml Mnp ry V Ln m O c G �? mN L to rl (p _V(o W M Y Ln C C V1 N V1 li1 V��1 lA In m I 'O 'r- ? 'TJ 'v C O E C O E C O E C 'O 'lu E E E E E E E FT H H 9 9 9 r O O N 4f) T N H ei m H N 00 Vml Mnp ry V Ln m O c G �? mN L to rl (p _V(o W M O O O O T G1 V V C Y Ln C C CL C C !1 lL lL (p m I 'O 'r- ? 'TJ 'v C O E C O E C O E C 'O 'lu U) in vA 2 2 Meridian City Council Meeting DATE: March 7, 2012 ITEM NUMBER: 10D PROJECT NUMBER: TEC 12-002 ITEM TITLE: Centerpointe Subdivision No. 2 (North) Public Hearing: TEC 12-002 Centrepointe Subdivision No. 2 (North) by Blue Marlin Investments, LLC Located West Side of N. Eagle Road, Approximately 1/4 Mile North of E. Ustick Road Request: Two Year (2) Time Extension on the Preliminary Plat MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: March 7. 2012 ITEM NUMBER: PROJECT NUMBER: RZ 11-007 ITEM TITLE: Accolade Apartments Public Hearing: RZ 11-007 Accolade Apartments by Gramercy, LLC Located South of E. Overland Road and West of S. Bonito Way, Between E. Blue Horizon Drive and the Ridenbaugh Canal Request: Rezone of 12.29 Acres of Land from an R-15 (Medium High -Density Residential), a TN -C (Traditional Neighborhood Commercial) and a C -G (General Retail and Service Commercial) Zone to an R-40 (High -Density Residential) Zone MEETING NOTES */1Q`4 Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: March 7. 2012 ITEM NUMBER: PROJECT NUMBER: PP 11-014 ITEM TITLE: Accolade Apartments Public Hearing: PP 11 -0 14 Accolade Apartments by Gramercy, LLC Located South of E. Overland Road and West of S. Bonito Way, Between E. Blue Horizon Drive and the Ridenbaugh Canal Request: Preliminary Plat Approval of Two (2) Residential Lots and Two (2) Common Lots on 17.12 Acres in an Existing R-15 and Proposed R-40 Zoning Districts MEETING NOTES (- PWYOV Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: March 7, 2012 ITEM NUMBER: 10G PROJECT NUMBER: CUP 11-010 ITEM TITLE: Accolade Apartments Public Hearing: CUP 11-010 Accolade Apartments by Gramercy, LLC Located South of E. Overland Road and West of S. Bonito Way, Between E. Blue Horizon Drive and the Ridenbaugh Canal Request: Conditional Use Permit for 264 Multi -Family Dwelling Units on Approximately 1 1.53 Acres in a Proposed R-40 Zoning District MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: March 7, 2012 ITEM NUMBER: 10H PROJECT NUMBER: MDA 11-013 ITEM TITLE: Accolade Apartments Public Hearing: MDA 11-013 Accolade Apartments by Gramercy, LLC Located South of E. Overland Road and West of S. Bonito Way Between E. Blue Horizon Drive and the Ridenbaugh Canal Request: Amend the Recorded Development Agreement (Inst. # 106141056) for the Purpose of Excluding the Property AND Creating a new Development Agreement for the Proposed Accolade Apartments MEETING NOTES R-'-r�w'ft � Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: March 7, 2012 ITEM NUMBER: 11A PROJECT NUMBER: ITEM TITLE: Police Department: Budget Amendment for Idaho Transportation Department (ITD) Distracted Driving Grant for a Not -to -Exceed Amount of $14,285.00 MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS n W am =c m < aava nm a1qQ •@r 7 !ll d O 3 0 W Er CO 7 Q Q O O m a a a pry'+ ' <• o 6 m O d c o w ° CL 0o a A C 3 N d W a v3Ca CL N v CO m ° y M ' G 0 17 CL 7 O. 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W A troii Q W d N 7 M s c ,<< m C N O. � � N CD O C N N .Ni• N N •J � CD 9 CD m CD 0 `G w 0 0 G CD CD (D CL 0 N d _a O 7 d _a 0 O_ m E; CD 0 0 C 0 9 C a T (D T (D m �' n ro a < Xk < w o! • N 0 o;; Ne N a O 3 0 E b b p fi Ir Oa ro O 1\ O el d 0 O r (D ct d, 0 m 3 Z z rD"AA AAA AAAI (fin InNN NN0 �CD r Ca o .. z m m T M C 0�� r3 o m<>'d D d O ° — 3 aD �Dn n 2. -yiCD n DfD '! 41 = O N c W M m m x > > - a C Da 00 �o � '�, m a c°Dn o MZ.i1 Z S O O O Cl) * z nn z�A r y wytj 0 m r A my4Dr m u m n 0 4. 1\ O el d 0 O r (D ct d, 0 m 3 Z z V M V � m m (V m < < n CD N T 4 0 0 C 0 o m O 0 Fz ur M c{ m " m D 95 m—y 0 Z 3 Z I -n 00 n 3 CD -1 C d Meridian City Council Meeting DATE: March 7, 2012 ITEM NUMBER: 11 B PROJECT NUMBER: ITEM TITLE: Police Department: Budget Amendment for Idaho Transportation Department (ITD) Alive at 25 Grant for a Not -to -Exceed Amount of $17,900.00 MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS n co am = C N < d CL -0 d c o a N d 0r d J CLSp N � 7 D D3. d _ C 1D S v d a m Cr W oCL 3 d j N O d 7 < o 0 a o a CL tr 0 C p a CL � x (De �o CL tt n d 0 C`G9 ^ A W W MC d r 1 R ' A O S n � d o C1� SNO =M o' CL CD -3 ro..r 02, to N 7 Z d R c dm (D CL d 17 G ID CLR US m A CD W ro C lro/1 � O O ro C ? 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Staff has been working with BBC Research and Consulting on the preparation of the City's 2012-2016 Consolidated Plan. The purpose of the Consolidated Plan is to 1) identify a city's housing and community development needs, priorities, goals, and strategies, and 2) to stipulate how funds will be allocated to housing and community development activities to address the city's housing and community development needs. The majority of the research and preparation for the Consolidated Plan has been completed, and staff would like to present the draft priorities and strategies of the new Plan for your information and feedback. The strategies and objectives identified in the Plan are based on the current conditions within the City, input from residents and community stakeholders, and the requirements from HUD for the CDBG program. Draft CDBG Consolidated Plan Strategies and Objectives Meridian has three strategies and associated objectives for its 2012-2016 Consolidated Plan. Strategy No. 1: Improve access to affordable housing opportunities for Meridian residents. o Objective 1.1: Address the need for affordable decent housing by supporting a down payment assistance program for qualifying households. Strategy No. 2: Improve the lives of Meridian residents with special needs and residents at - risk of homelessness. o Objective 2.1: Support public service activities that serve the city's LMI residents. Planning Department . 33 E. Broadway Avenue Meridian, ID 83642 Phone 208-88a-ss:rz . Fax 208-888-68s4 . www.meridiancitv.ora Page 2 Objective 2.1: Invest in public facility improvements that serve persons with special needs and low income residents, as well as public facility improvements located in the city's LMI areas. ■ Strategy No. 3: Improve economic opportunities in the city's LMI areas. o Objective 3.1: Partner with the Meridian Development Corporation to identify fapade improvement projects in the downtown area. o Objective 3.2: Fund streetscape improvements in the downtown area. Consolidated Plan Timeline Below is the anticipated timeline for completion of the Consolidated Plan (PY2012-2016) March 7, 2012: Present draft Consolidated Plan Strategies and Objectives to City Council March 15, 2012: Present draft Consolidated Plan Strategies and Objectives to the public and to interested applicants of CDBG funds at a City hosted CDBG Workshop. Applications will be available at this workshop and online for those organizations interested in applying for funds for the next program year (PY2012, October 1, 2012—September 30, 2013). April 20, 2012: Deadline to submit application for funding for Program Year 2012 April 23 -May 4, 2012: CDBG Work Group will score and rank submitted applications May 16, 2012: Pre -draft prioritization hearing on PY2012 Annual Action Plan. Presentation of scored and ranked applications. June 19, 2012: Public Hearing and opening of 30 -day comment period on draft Consolidated Plan (PY2012-2016) and draft PY2012 Action Plan July 24, 2012: Final public hearing and adoption of Consolidated Plan and PY2012 Action Plan July 26, 2012: Submit Consolidated Plan and PY2012 Action Plan to HUD (required to be submitted on or before August 15, 2012) Meridian City Council Meeting DATE: March 7, 2012 ITEM NUMBER: 12 PROJECT NUMBER: ITEM TITLE: Future Meeting Topics MEETING NOTES VZ Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS