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2017-03-14Meridian City Council Meeting Agenda Tuesday, March 14, 2017 – Page 1 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk’s Office at 888-4433 at least 48 hours prior to the public meeting. 1. City Council Chambers 33 East Broadway Avenue Meridian, Idaho Tuesday, March 14, 2017 at 3:00 PM 3:07PM 1. Roll-Call Attendance X Anne Little Roberts X Joe Borton X Ty Palmer X Keith Bird __O__ Genesis Milam __X___ Luke Cavener X Mayor Tammy de Weerd 2. Pledge of Allegiance 3. Adoption of the Agenda Adopted 4. Consent Agenda Approved A. Approve Minutes of February 28, 2017 City Council Regular Meeting B. Approval of Street Light Maintenance Agreement for Knightsbridge Subdivision C. Shelburne Subdivision No. 1 (Easement #1) Sanitary Sewer and Water Main Easement D. Shelburne Subdivision No. 1 (Easement #2) Sanitary Sewer and Water Main Easement E. Shelburne Subdivision No. 1 (Easement #3) Sanitary Sewer and Water Main Easement F. Jewel Subdivision Parcel A Sanitary Sewer and Water Main Easement G. Jewel Subdivision Parcel B Sanitary Sewer and Water Main Easement H. Paramount Property and Assets Recreational Pathway Easement I. Initial Point Owner’s Association Recreational Pathway Easement CITY COUNCIL WORKSHOP AMENDED MEETING AGENDA Meridian City Council Meeting Agenda Tuesday, March 14, 2017 – Page 2 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk’s Office at 888-4433 at least 48 hours prior to the public meeting. J. License Agreement Betw een the Nampa Meridian Irrigation District and the City of Meridian Regarding a Multiuse Pathway on the Finch Lateral as Part of Verado Subdivision No. 1 K. REVISED Findings of Fact, Conclusions of Law for Movado Estates Subdivision (H-2016-0112) by DevCo, LLC, Located at the South Side of E. Overland Road Between S. Topaz Way and S. Cloverdale Road L. Resolution No. 17-1198: A Resolution (Handy Wholesale Products - H-2017- 0006) for the Vacation of the 20-foot wide public utility, drainage and irrigation easement platted along the north boundary of Lot 7, Block 2 of Meridian Business Park Subdivision, located at 710 E. King Street, in the SE ¼ of Section 7, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho M. Approval of Community Development Block Grant Program Year 2016 Subrecipient Agreements Between the City of Meridian and: Boys and Girls Club of Ada County for a not to exceed amount of $10,000; Meridian Food Bank for a not to exceed amount of $36,448; Jesse Tree for a not to exceed amount of $7,000; Ada County Housing Authority for a not to exceed amount of $30,000; Neighbor Works for a not to exceed amount of $30,000. 5. Items Moved From the Consent Agenda 6. Community Items/Presentations A. Amended onto agenda: Idaho Air National Guard Open House and Airshow 7. Department Reports A. Mayor’s Office: Annual Department Report B. Public Works: Miscellaneous Water & Water System Repair Fee Schedule Update C. Public Works: Water Service to Un-Annexed Property at 5050 W. Franklin Road D. Agreement For Provision Of Water Service Outside Meridian City Limits: 5050 W. Franklin Road Approved E. Community Development: CDBG Program Year 2017 Introduction Meridian City Council Meeting Agenda Tuesday, March 14, 2017 – Page 3 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk’s Office at 888-4433 at least 48 hours prior to the public meeting. F. Community Development: Issuing Permits Out of Order G. Human Resources: Merit Roadshow for FY2018 Budget 8. Future Meeting Topics Adjourned at 5:51PM Meridian City Council Workshop March 14, 2017. A meeting of the Meridian City Council was called to order at 3:00 p.m., Tuesday, March 14, 2017, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Keith Bird, Joe Borton, Luke Cavener, Ty Palmer and Anne Little Roberts. Members Absent: Genesis Milam. Others Present: Bill Nary, C.Jay Coles, Jaycee Holman, Caleb Hood, Robert Simison, Warren Stewart, Jamie Leslie, Parry Palmer, Todd Lavoie, Crystal Ritchie and Dave Miles. Item 1: Roll-call Attendance: Roll call. X_ Anne Little Roberts X _ _Joe Borton X__ Ty Palmer X_ Keith Bird _____ Genesis Milam __X__ Lucas Cavener __X_ Mayor Tammy de Weerd De Weerd: Welcome. Thank you for joining us this afternoon. For the record it's Tuesday, March 14th. It's seven minutes after 3:00. We will start with roll call attendance, Mr. Clerk. Item 2: Pledge of Allegiance De Weerd: Thank you. Item No. 2 is the Pledge of Allegiance. If you will all rise and join us in the pledge. (Pledge of Allegiance recited.) Item 3: Adoption of the Agenda De Weerd: Item No. 3 is adoption of the agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: We have got on 4-L the resolution number is 17-1198 and with that I move that we approve the amended agenda. Borton: Second. Meridian City Council Workshop March 14, 2017 Page 2 of 52 De Weerd: I have a motion and a second to approve the agenda as read. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. Item 4: Consent Agenda A. Approve Minutes of February 28, 2017 City Council Regular Meeting B. Approval of Street Light Maintenance Agreement for Knightsbridge Subdivision C. Shelburne Subdivision No. 1 (Easement #1) Sanitary Sewer and Water Main Easement D. Shelburne Subdivision No. 1 (Easement #2) Sanitary Sewer and Water Main Easement E. Shelburne Subdivision No. 1 (Easement #3) Sanitary Sewer and Water Main Easement F. Jewel Subdivision Parcel A Sanitary Sewer and Water Main Easement G. Jewel Subdivision Parcel B Sanitary Sewer and Water Main Easement H. Paramount Property and Assets Recreational Pathway Easement I. Initial Point Owner’s Association Recreational Pathway Easement J. License Agreement Between the Nampa Meridian Irrigation District and the City of Meridian Regarding a Multiuse Pathway on the Finch Lateral as Part of Verado Subdivision No. 1 K. REVISED Findings of Fact, Conclusions of Law for Movado Estates Subdivision (H-2016-0112) by DevCo, LLC, Located at the South Side of E. Overland Road Between S. Topaz Way and S. Cloverdale Road L. Resolution No. 17-1198: A Resolution (Handy Wholesale Products - H-2017- 0006) for the Vacation of the 20-foot Meridian City Council Workshop March 14, 2017 Page 3 of 52 wide public utility, drainage and irrigation easement platted along the north boundary of Lot 7, Block 2 of Meridian Business Park Subdivision, located at 710 E. King Street, in the SE ¼ of Section 7, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho M. Approval of Community Development Block Grant Program Year 2016 Subrecipient Agreements Between the City of Meridian and: Boys and Girls Club of Ada County for a not to exceed amount of $10,000; Meridian Food Bank for a not to exceed amount of $36,448; Jesse Tree for a not to exceed amount of $7,000; Ada County Housing Authority for a not to exceed amount of $30,000; Neighbor Works for a not to exceed amount of $30,000. De Weerd: Item 4 is the Consent Agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: 4-L resolution number is 17-1198 and with that I move we approve the Consent Agenda as published and for the Mayor to sign and the Clerk to attest. Borton: Second. De Weerd: I have a motion and a second to approve the Consent Agenda. Mr. Clerk, will you call roll. Roll Call: Bird, yea; Borton, yea; Milam, absent; Cavener, yea; Palmer, yea; Little Roberts, yea. De Weerd: All ayes. MOTION CARRIED: FIVE AYES. ONE ABSENT. Item 5: Items Moved From the Consent Agenda De Weerd: There were no items moved from the Consent Agenda. Item 6: Community Items/Presentations Meridian City Council Workshop March 14, 2017 Page 4 of 52 A. Amended onto agenda: Idaho Air National Guard Open House and Airshow De Weerd: And tonight -- or today, this afternoon, whatever it is, the sun is shining and we are sitting inside. That's all I know. I hear it's nice outside, too. But we have the Idaho Air National Guard here to talk about their open house and airshow. Please join us. Williams: I'm going to try to use -- not use the microphone and I will try to talk to everybody. De Weerd: Sir, you have to use the microphone. Williams: I have to use the microphone? De Weerd: Sorry. Yes. It's the public record. Williams: Okay. I'm recorded. De Weerd: And online. We are streaming you -- Williams: Oh, boy. De Weerd: So, everyone can tune in. Williams: That's a good time. Well, my name is Lieutenant Colonel John Williams. I'm from the Idaho Air National Guard. I'm currently the commander of the 124th Operations Support Squadron and I'm here for Colonel Timothy Donnellan and Colonel Jeffrey Aebischer, who are our wing commander and vice-commander for the 124th Fighter Wing. I'm here to talk to you today about Gowen Thunder and what that all means and what an airshow is all about and why we have airshows and when is it going to be and, then, answer any questions that you may have about the airshow or just anything in particular with the Air National Guard. So, why do we have an open house or -- or an airshow and what you're going to hear throughout the presentation and throughout the next six to nine months is going to be reference to an open house , but also reference to an airshow. Well, the Air Force in its regulations kind of defines an airshow and open house and they do that to promote community engagement and that's why we are able to hold open houses. That's why we are able to use federal money to put on this free public event for all of us to enjoy. So, with that comes a lot of regulations and a lot of handcuffs , if you will, with what we can spend that federal money on and this is really here to explain that this is really a community event, it is for the community, for these goals here. Number one, showcase the Idaho Air National Guard, as well as the Idaho National Guard. So, even though that the Air National Guard is hosting this , we are using it as an opportunity to showcase the Idaho National Guard as well, which has a very Meridian City Council Workshop March 14, 2017 Page 5 of 52 large footprint on Gowen Field as well as throughout many other communities in the state of Idaho. The second piece that is there is to really enhance public awareness. I can't tell you how many times I have worn this uniform right here downtown, either to Albertsons or to pick up my daughter from school or drop her off and have people ask me, hey, how do you like working in Mountain Home. And while I have worked in Mountain Home Air Force Base as an active duty member in the past, I am all Idaho. So, I have been in the Idaho Air National Guard for the last four years and hope to spend the rest of my career in the Idaho Air National Guard. So, that is something that we have lacked specifically in the Idaho Air National Guard for roughly about the last 20 years. Our community engagement has not been what it needs to be and -- and as you can see with many initiatives we have had over the last couple of -- last few years, not only recognizing cities through the state of Idaho, which Meridian has their own A-10 Thunderbolt out on the ramp that they just came back from combat. De Weerd: The picture is in our lobby. Williams: Yes. Not only are we starting that program again, but it's time to really engage the community -- community, not just at the government level, but, really, down to -- down to our schools, down to our children, down to those -- those people in our community that are taxpayers, that are paying for those wonderful airplanes out there and that are paying my salary, as well as all of those 1,300 airmen that I work with on a regular basis. So, through that -- and by putting on an open house slash airshow we are able to demonstrate modern military weapon systems. We are able to demonstrate what those taxpayer dollars are going for and we are able to showcase and kind of highlight the community members that -- that really make that possible and why that is so different in the Air National Guard is because, as you all know, the Air National Guard throughout the United States is directly reliant and tied to communities, with over 75 percent of our force being traditional in nature. So, that means one weekend a month, two weeks a year at a minimum. Usually it's quite a bit more than that. We rely on full-time employment from the communities that surround the Air National Guard bases and that's why you find Air National Guard bases in larger metropolitan areas, mostly state capitals, and that's what you will find across the country. Active duty Air Force bases, you will find them anywhere. So, if we were on the moon we would man it, I promise you. But that is not the case with the Guard. That -- that primary employment has to come from somewhere else and so you need that job base. So, it's even more important in my view that we have open houses and we have a robust community engagement program in the Air National Guard and even though that Gowen Field isn't in Boise, you guys are part of the Treasure Valley and we are part of the Treasure Valley and if you look at the breakdown of the number of airmen that live in Meridian specifically I think you would be surprised and, actually, might not be surprised, because the number is pretty high there and you guys have a great community. So, that's the why. So, with that we have a little video we are going to show you today -- let me get this -- and this is where I will need to get fancy with the mike here. Meridian City Council Workshop March 14, 2017 Page 6 of 52 (Video played.) Williams: So, that's going to be us. That's going to be Boise, Idaho, right here in Gowen Field, October 14th and 15th, in 2017. So, we will talk to you today, we will talk to some performers, we will talk through what we have planned for STEM engagement. We will talk to our organization a little bit and, then, how we are going to hold potentially up to 150,000 people out on the Air National Guard site of the base there. So, that's the dates. Friday is the -- kind of a lead in there. So, Friday, the 13th, is going to be really the STEM day and the vision for that, when we have started putting this together -- De Weerd: Friday, the 13th? Williams: Friday, the 13th, of all days. Crazy. But the vision for that is school buses from all over the Treasure Valley are engaged with STEM through Boise State University and they are coming out for some kind of culmination event. Now, Boise State has stepped up and they are -- they are heavy into this planning as well and Steve Swanson, our former astronaut, is leading that -- leading that charge there. Also on Friday there is going to be several practice performances. So, not only will all the kids that participate in STEM be out there working on a culmination project, they are going to get unfiltered access to the performance, the jet teams, and all the aircraft out there for them to kind of -- it's going to be their airshow, really, for that day. And, then, finally, Make A Wish. Some of the Thunderbirds -- so, I will talk to that shortly, but there is national -- national relationships with several of the jet demonstration teams with the Make- A-Wish Foundation. For Saturday and Sunday, those are both show days. So, gates open to the public at 8:00 -- 8:00 a.m. The performances will go from 10:30 to 3:30 in the afternoon. Apologize for the military time. And the gates will close shortly after that, once we can get people off the installation. So, who is going to show up. Well, what I didn't tell you is in my last assignment on active duty before coming to the Idaho National Guard was I was a member of the United States Air Force Air Demonstration Squadron, the Thunderbirds, and so I do have a little bit of knowledge on what airshows bring to a community after performing about 80 airshows all over the world and it is truly remarkable and in standing here talking to you today I can promise you that -- that that is one of the most memorable experiences of my career and it's truly because of the -- the building to connect back with communities and I don't know if you saw on the video the little girl spinning around? That's the best part. That is truly the best part of airshows is the engagement and the connection with -- with children through that. So, we have got the Thunderbirds, which are truly awesome. When they show up as well, about half the team on that Friday, they will start the day out with a school visit. So, for the kids that aren't coming out for a STEM event, they are going to be out in all of our schools across the Treasure Valley talking about -- basically about dreaming big and following your dreams and not letting -- not letting yourselves -- you know, not selling yourself short. What's Meridian City Council Workshop March 14, 2017 Page 7 of 52 really unique -- and we are only about -- I think about -- between five and ten airshows in the country out of -- over 200 airshows in the country in 2017 -- is that we have two major jet demonstration teams. The second being the Canadian Air Force Snowbirds. So, this is an anniversary year for the Snowbirds and I know that you guys have probably seen them. The y fly through Boise quite a bit. Usually in the beginning of the year and the end of the year when it gets too cold and too snowy in Canada, so they have got to come back down -- down south, hence the Snowbird moniker there. But this is an anniversary year and they are only doing a handful of shows outside of Canada , number one, and, number two, we have two demonstration teams, which is truly a rarity. In my two years on the Thunderbirds we only flew three shows with two jet demonstration teams out of about 80. So, that's pretty significant there. The one in the lower left-hand corner there, you have got a P-51 Mustang and our very own Mark Peterson, Treasure Valley native, there is going to be opening up the airshow in his P-51 Mustang, which, oh, by the way, was the first aircraft the Idaho Air National Guard flew. So, the Idaho Air National Guard was formed in 1946 . It's one year older than the United States Air Force -- is a separate service, believe it or not, and over the years we have flown nine different fighter aircraft and ten aircraft in total and that was the first aircraft. So, we are going to start the airshow with that. And the picture in the lower right, the MSX-R, that is just a civilian high performance aircraft. It's representative of the type of aircraft that we will see from the civilian sector that are performing in the show as well. Other things you will see is jump demonstrations teams. Helicopter teams. As well as T-33 Shooting Star, potentially, which is a military aircraft that was also stationed at Gowen Field over the years. We have also been able to land the A10 Heritage Flight. So, an A10 crew will come from the east coast. They will -- they will come out, they will fly one of our A10s most likely, possibly one of theirs, that’s to be determined, and they will fly with some Legacy aircraft, some of which are found right here in the Treasure Valley with local Treasure Valley pilots and what that does is, basically, as you can see there, you have got, you know, about a 60 year spread of aircraft in that picture you see on your screen . We are going to have a very similar spread there that just highlights kind of heritage and military aircraft in general. Other things you will see -- the main picture there is a P-40 Warhawk. So, the Warhawk Museum in Nampa, they are going to have a big part. They are going to bring a couple of their planes over, actually. The lower right-hand corner, that's actually a powered hang glider. The one that we have -- the performer we have lined up, his name is Dan Buchanan, and he is actually a paraplegic and so talk about dreaming big, he's an airshow performer and he flies a powered glider and he does night airshows as well and he will have a big part in the airshow and will be speaking to the kids as well. Other aircraft you will see are other Legacy military aircraft. But one thing that's really important to know and why this airshow is going to be not only different, because we have two jet demonstration teams, but that picture there in the center is -- is an Aviat -- Aviat Husky aircraft. Those -- those aircraft are actually manufactured in almost Idaho. They are right across the border in Wyoming there is where -- where those are made there -- where that company is headquartered. But, really, what Meridian City Council Workshop March 14, 2017 Page 8 of 52 that signifies is how Idaho is really kind of the gateway to the -- to the backcountry and backcountry aviation is one of the fastest growing segments of general aviation today and we are really the home of that and I see a lot of head nods, because we all know it and that's one really key area that we want to focus on as well. We are also reaching out to the Quest Aircraft Corporation. They are up in Coeur d'Alene. They manufacture a back country aircraft that's used all over the world as well. We are also in -- in talks with the NIFC, so the National Interagency Fire Center, with trying to get same firefighting aircraft as well to drop water during the airshow, because I know a lot of us have either -- you know, we owe either many thanks to some of those firefighters , if you have been directly involved with some of those efforts that they have seen, but I know a lot of us have seen the aircraft flying in and out of Gowen Field and throughout the Treasure Valley over the years that are painted red and white and , then, are primarily here during July and August. They are out there fighting fires and that's a really cool mission. So, highlighting those as well, as long as there is no fires burning I think they will support it. So, let's pray for no fires there. And, then, we have the military side. So, now back to the showcasing the military performance -- the performance of military aircraft and major weapon systems that we use today. We have got commitments for most of the aircraft on this screen already. The highlights there are the A10, which is what we have flown here in the Idaho Air National Guard for 21 years. Other highlights. The F15E, based in Mountain Home Air Force Base, have been based in Mountain Home -- Mountain Home Air Force Base for quite a while and will be most likely for the foreseeable future. And the F-16 in the center, which was based in Mountain Home as well. One of our -- we have the most F-16s in the Air Force inventory out of all fighter aircraft today and, then, we have the two primary trainers at the bottom , the T-6 and the T-38. And, oh, I left one out and that's F-35. So, hopefully, we get an F-35 from Hill Air Force Base up as well, which is the first combat coded F- 35 unit in -- in the United States Air Force and that one's got kind of a special meaning and I won't go too much into that just yet, but if you have questions on that at the end I can answer those. So, we talked a little bit about STEM. Boise State is taking the lead on that and the notification has gone out to -- to several school districts throughout the Treasure Valley. We talked to the STEM challenge. What I didn't talk to you is on Saturday and Sunday there will be several STEM exhibits that will be taking place as well in some of the hangers surrounding the area there. So, not only are they going to get that special day on Friday, but, then, when they come back there will be several STEM exhibits going on for -- for the masses to see. The organization -- this is where it gets tricky and this is part of the reason I'm here talking to you. It's a military run event. It's specifically run by the United States Air Force. We are regulated by those Air Force instructions. We are committing a fair sum of money -- of federal money to this that we are allowed to do by regulation and -- and federal law, but there is a lot of things that we can't pay for with an airshow and that's that bottom piece. Supplemented by non- federal entities. Our specific, but non-federal entity is called Idaho Support Our Troops. It's a 501(c)(3) that was -- that's been based in Idaho for quite a while. That's really there to support our troops and veterans based here in Idaho for Meridian City Council Workshop March 14, 2017 Page 9 of 52 that. And, then, also Gowen Strong. Well, Gowen Strong doesn't have a 501(c)(3) set up just yet. They are advocates for Gowen Field, both the Army and the Air side there and I know you have most likely heard of both of those. So, now comes the challenge. So, how do we put on an airshow with limited funds that we can only use for certain things to host upwards of 150 thousand people out at -- at our guard installation that hosts about 1,500 on a regular basis. So, how do we do that? It's definitely going to be a challenge. As you can see from the numbers on your slide there we are looking to park over 40,000 cars on and around an installation that was definitely not meant to do that and, then, how do we put that many vehicles, not only on the -- on Gowen Road and kind of Orchard in that direct area, if you're familiar, but how do we -- who do we manage traffic flow on I-84, which is already struggling at rush hour, most likely right now, and it will be on my way -- on my way back home. So, we have many challenges ahead of us. Our team right now is approaching 50 people and that's 50 people from all of the community. So, Air National Guard, ACHD, you name it they are probably involved as far as Boise PD, Boise fire, the sheriff's department, you name it they are most likely aware, notified, and working toward a solution to some of these challenges here. So, where is it going to be. It's going to be on the south side of -- you have got kind of an overhead view there. You have got the -- the terminal, which most of us are most likely familiar with up at the top of the orange -- the orange rooftops there is the parking area. You can see the terminal just below that. You cross the two main runways, which are about 10,000 feet long to the south and, then, you get into Gowen Field and Gowen Field, as a lot of you know, is very special. It's one of the largest guard installations in the Air National Guard today as far as ramp size and capacity and even, then, it's going to be a challenge hosing all of these people on the installation specifically near the control tower is where our primary viewing area is going to be. So, static displays in the area labeled there. That's currently where the Idaho National Guard houses it's HH60 helicopters there. But the primary viewing area being in front of one of the Army Aviation support facility hangers and, then, viewing out toward the center of the runway. Now, some of you may be asking, wow, that doesn't quite look right, you know, how come you're not using that ramp space -- that big nice piece of ramp space that's 2,000 feet long and about 500 feet wide just north of the hangers that are blue there. And the reason is is because of legalities with -- with bringing in major jet demonstration teams. They need a blocked-off area that is free from people that is over two miles long and 3,000 feet wide and in order to have an airshow on Boise -- or one Gowen Field here in Boise and not clear out the terminal that supports our community so well, the civilian aviation terminal, we have got to back it up and, then, hold the crowd on our area there. So, that is one of the primary reasons you haven't seen an airshow in Idaho in 21 years. In 1996 with the Blue Angels was the last time that we have had a airshow here in Gowen Field. Those buildings that are all blue that you can see in the upper left , those were built in the years just following that airshow, essentially, blocking what had traditionally been used as the primary viewing area . So, we had to get a little bit creative. So, that's the primary viewing area and that's where we are going to Meridian City Council Workshop March 14, 2017 Page 10 of 52 host most of the people. What you -- what you will see most likely through here, static displays where all those aircraft are that you're going to be able to get up close to and -- and see and feel and, then, between static displays in the primary viewing area you will find everything from food trucks, food vendors, VIP tents, the commander's tent, several of the vendors throughout the community and the challenge here is to really make this an enjoyable , repeatable event that really captures what is and what we love about Idaho. So, things like -- we have a lot of agriculture in Idaho, so we are hoping to have some of the -- either John Deere or Caterpillar dealers out there kind of highlighting some of their equipment there. We will have several ground demonstrations, because one of the challenges as well is you're going to have commercial civilian airline traffic landing and departing at all times throughout the show. So, we will have to take multiple breaks and we will have several -- we have the Metal Militia, which is a professional dirt bike kind of exhibition organization. They are going to be here demonstrating for that and I know a lot of us either have an ATV or some kind of dirt bike or sled or something that we use. So, really trying to tie back into the community. The vendors specifically for food -- it's already written into the contract how all those are primarily Idaho vendors and ideally branded Idaho vendors that we all know and recognize that we can kind of tie and relate to and , then, you have all the other businesses that are aviation specific that we talked to. So, Aviat Husky, Quest, Kodiak, you have got the Jackson Jet Center, as well as Western Aircraft, that have, hopefully, a large influence there, too. So, we are kind of tying that back to the community. So, that is it. That is what all this nonsense is about Gowen Thunder, an open house versus airshow. For all of our discussion purposes it's an airshow and how we have to refer to it with regulations is actually called an open house. You can find information at gowenthunder.org and as well as facebook.com/gowenthunder. If you do get questions I am here just to inform you on -- on what's going on, but if there are people that -- other -- other folks that would like to sponsor or support, information can be found through gowenthunder. org and there is -- there is links and ways to see if you'd like to show interest in that that will funnel you to our 501(c)(3) Idaho Support Our Troops and they can help manage the support there or for whatever role you'd like to be involved with. So, that concludes my briefing today. I'm happy to answer any questions you may have about the airshow, the Idaho Air National Guard, and our future in general. Thank you. De Weerd: Thank you. Palmer: Madam Mayor? De Weerd: Mr. Palmer. De Weerd: I -- yeah. What she said. Thank you. I remember -- I guess '96, I was eight years old, I remember -- maybe even one before that as well, but at least once going out there as a kid enjoying the airshow there and I -- so, thank you for going to all the trouble to make it happen and thank you for doing it in Meridian City Council Workshop March 14, 2017 Page 11 of 52 October and not July. Mountain Home is great, you know, because that's kind of our only opportunity for an airshow, but it's hot and it's not nearby. So, to be able to bring my kids out to experience what I did as a kid I'm really looking forward to it, so thank you. Williams: You got it. And, you know, you bring up some interesting points there. So, number one, you brought up Mountain Home there. The goal is to get in sync with Mountain Home Air Force Base and, tentatively, when we started this process the plan was going to be that at Gowen Field we will hold an airshow roughly every four years. They would hold an airshow every four years, but they would be two years split. Due to scheduling conflicts with the Thunderbirds, Mountain Home is actually going to have an airshow in 2018. So, we are -- we are -- you're going to get a double -- a wham, bam punch this first time. But after that we are going to try to get in sync with every other year there is a show in Idaho and we are partnering together to make that happen . The other key piece is time of year. So, obviously, July and August are no good for a couple reasons. One it's really hot. Last couple of years it's been really smoky. But also when those fires are taking place, if there are fires around here, NIFC is in -- is in full- on operation mode and some of the primary operators of the airfield there and what have first priority are those firefighting aircraft that are taking off and landing at Boise. So, it's not ideal for that. So, then, we started targeting the fall and it's tough to deconflict hunting and I know that's not an ideal weekend for some, but we had to shift slightly to get those two jet demonstration team s, so we felt like it was worth it. We are running a little bit of risk with how late we are going, but this last year in October it was fantastic. We will see what happens here. Pray for good weather. De Weerd: Council, any questions, comments? Bird: Great. Thank you for your service. De Weerd: Lieutenant Colonel Williams, thank you for joining us today and sharing some information about what we can all look forward to and we will see how we can engage our community. Certainly we will help promote using our social media and -- and, again, maybe we can get you out to the chamber to the let the business community know more about what's going on and see how we can help in that fashion, too. Williams: Perfect. Thank you so much. De Weerd: I think -- Little Roberts: Madam Mayor? De Weerd: Commission Member Little Roberts can help us on that one. Meridian City Council Workshop March 14, 2017 Page 12 of 52 Little Roberts: Madam Mayor, I would be happy, so -- I also happen to be the president and CEO of the Meridian Chamber and we'd love to have you come speak. Williams: Perfect. Be happy to do that. De Weerd: Yeah. Great. Thank you so much. Williams: Thank you. Item 7: Department Reports A. Mayor’s Office: Annual Department Report De Weerd: Okay. Council, we will move to Item 7 under Department Reports. We have our annual department report under the Mayor's Office. Simison: Thank you, Madam Mayor, Members of the Council. This will be one of my first times utilizing the system and I believe, if I'm correct, just the arrows will do the job? Excellent. Well, thank you for the opportunity to be here today. I'm going to give you a little overview. Hopefully nothing that you aren't familiar with, A reminder is also good and an update on some things. So, with that I'm just going to kick it off . The Mayor's Office is working to ensure that by 2035 Meridian, now with a population of 98,000 for those that haven't heard, according to COMPASS estimates, will be the west's premier community in which to live, work and raise a family. Just want to focus on that COMPASS population estimate for a second and let you know that's a 7.5 percent increase over their population estimate for the last year. Just let that sink in for a few seconds with that number and with that I -- I will move on. Mayor is CEO and has nine direct reports, just as an update on that, and you really -- her office is the public face of the community, city's mission, vision, CARE values and we are focused on youth, economic development, our community partnerships and to ensure that Meridian is built for business and designed for living. So, here is the new version of the Mayor's Office. I know we briefly had an introduction earlier this year with folks, but wanted just to take a moment to re-highlight the new staff in the office, since we have had a bit of turnover with December -- December 1st we have Morgan Andrus. She took over as administrative assistance and she joined us from the state of Idaho. She's a proud resident of south Meridian -- southside people and she sits at the front desk as the first contact for the community making her in charge of constituent issues, such as Snowmageddon, she was one of the front line defenders here in the city for that issue and phone calls. De Weerd: And we didn't chase her off during that, so that was a good thing. Meridian City Council Workshop March 14, 2017 Page 13 of 52 Simison: Exactly. She also handled the administrative work for economic development issues that can be filled in administrative purpose. Next up was April Guinsler, who has taken over as Peggy as the executive assistant for the Mayor. She moved to the area from Las Vegas and recently purchased a home in the area, so she's here to stay, which is always nice to see people take a job and put down roots. She's handling all scheduling issues, including travel for City Council, so if you ever had travel needs she will be performing that duty for you, as I think she was down here getting some signatures from you all earlier for that to have that. And she will also have a focus on some economic development issues and her focus is really on downtown and she is showing up doing the Chamber ribbon cuttings, handling that aspect when the Mayor is not available to do so. And, finally, our third hire was Jodi St. Martin. She is our new community liaison. She was a recent intern in the office, as people may be aware, and graduated NNU. She is the MYAC advisor, INSAM coordinator. She's our HOA contact, faith liaison, and she's currently in DC at the National League of Cities with our -- with the Mayor's Youth Advisory Council and I got a report back from her -- there was a concern over the weather, but DC was missed. So, assuming flights come back they will not be stuck. So, that was nice to hear. De Weerd: Good job. Simison: So, here is some of the accolades we received in the last year. For Mayor Tammy on the left and the City of Meridian on the right. You know, when you look at the one under -- for Meridian, Idaho's second fastest growing small city, based on the -- or second fastest growing small city from WalletHub. Based on the number I just provided you, that's no surprise. They didn't have that number from COMPASS, their estimate, but we are still on people's radar for growth. That's no surprise. But I think there are departments -- I'm going to speak for our departments on this one, but as Councilman Bird always says, everything we are still doing around here is first class regardless of the growth, but we are still taking the time to do things right and put in high quality amenities and services for the citizens of Meridian. So, I think that we can be proud of that and that's why, you know, Meridian is number two best city in America by USA Today. We are being recognized for those -- those efforts. So, here is a list of a majority of the programs and activities. There is always one offs that aren't going to show up, but just to give you an example of the things that we are doing in the Mayor's Office and just a little -- the Y stands for youth. C stands for community. ED stands for economic development. Just to give you kind of an overview of all -- some of the things that we are doing on a consistent basis . So, as I mentioned, there is a lot of one-offs that occur throughout the year and not everything is listed and every single activity that folks are involved in , but just to give you an idea. As I mentioned, these are in the three focus areas and just to focus on a couple. You know, I think Walking Club is the one that we have really taken off on in the last -- last year and a half, two years and this is part of our healthy Meridian initiative. It kickoffs for our spring in a couple weeks and I want to highlight this to you for a couple different reasons -- is we are going to be Meridian City Council Workshop March 14, 2017 Page 14 of 52 doing a promotional video that's going to go out and you all are going to probably be called out in that video to be challenged to come out and help participate in walking to schools. We have 16 elementary schools that are participating. We have grown this gradually over the last several years, so that now we have every school participating in the program and it's not just going to be City Council, we are going to try to get some of our business and other community partners to come out and participate in the walking, showing being a good example for the kids to be part of that and we will, of course, invite you and the Mayor's going to be there, but we won't prohibit you from going to another one if you want to go and help participate and promote the healthy walking program . And, then, recently I know Councilman Cavener came out last night, but we have helped launch Meridian Mondays with Fleet Feet here in downtown , which is, again, part of our getting people out and to be active and healthy in the community. Like to thank Brandon with Fleet Feet for really taking that and moving forward with it. He brought it to us, so we are helping to promote it and we think it's a great thing for our downtown and not only brings ne w activities once a week, but, hopefully, it helps local businesses with their after walk activities when people are able to do it. So, just wanted to show you -- these are our sponsors and partners of the things that we do in the Mayor's Office, whether it's the State of the City, our kids -- CEO's Book Club, the Walking Club, Do The Right, Faith Leaders Luncheon, Trunk or Treat, Youth Safety Summit, these are the people that help make this -- all these things possible. They are sponsoring our events, activities and sometimes they are doing multiple -- you know, like Idaho Power, who is doing the Youth Safety Summit themselves, but they are also, you know, sponsoring the State of the City and other things from that standpoint and these sponsorships have allowed us to grow our events, activities related to the programs and things we do at really no cost to the city. They are stepping up and supporting these in big ways and I think that's a pretty impressive list, I will just be honest. That's just in the last year. So, here is just a quick by the numbers from the last year on what we were able to quickly identify . When you have a turnover in staff it's not always easy to go back and figure out what all happened in the last year based upon how people have categorized things, but just a quick snapshot on what we have done and I really want to focus on one number, you know, because I think if you went back and looked at our presentation last year to this year, constituent contacts, I think last year we reported about 200 constituent contacts. This year we reported, you know, 400 and part of the reason why we are really going to be able to tell that even better is -- I will get this down in a few minutes about a new system that we are utilizing to capture those constituent contacts. That's a heavy workload and that's, you know, not just looking at, you know, all -- at some point in time, it's not just related to Snowmageddon. Some of these are, but we just had a lot -- a lot more people in this last year that were reaching out to the office. Also, you know, when we talk about how many commission appointments we made, that's not how many people we interviewed. Last year we did -- we interviewed at least 31 people, plus on commissions, there were additional people from that standpoint. But we stay busy. That's kind of what I want to point out with this slide. So, here Meridian City Council Workshop March 14, 2017 Page 15 of 52 were the 2016 Mayor's Office strategic plan objectives. I just want to kind of walk through some of these for you to give you an idea about where we are and where we are headed on some of these. As I mentioned a couple weeks ago when we were before you, we have completed the Youth Farmers Market objective, which that has now been passed along to the Parks commission who is managing the contract for that objective. They are doing a little bit of staffing related to the Parks aspect of the event, but, you know, we will continue to help promote and, you know, as a part of the Mayor's talking points whenever she talks to community people to try to continue to get vendors interest from the community and that, but we were able to complete that. We started our -- to improve citizen access to government and have taken some action that we know are helping with the objectives, such as opengov and Kaycee will kind of touch on those efforts a little bit more when she comes up after I'm done. We did recommend deleting the MDC reform objective, which we look forward to continuing that conversation with you shortly. And, then, we have done some in 3.A.1 and 4.C.3 relating to -- we know that what we are doing and with NextDoor and the website are going to be part of the overall tactics and objective outcomes through those that -- you know, having a more robust website access to information through opengov, utilizing NextDoor and, you know, I personally think I have got some great ideas on how to utilize NextDoor even more, but we are toning down my thoughts on that right now and talking to others to see if it's -- if it's viable or not, but we are taking actions as it relates to those and in 4.C.3, again, we have done activities in support of this objective, such as, you know, we are involved in the homeless forum that Boise has -- is doing. We are one of the sponsoring agencies. We have several faith community activities which we are engaged in. The Meridian Specific Senior Resource Guide, which has just gone to print here recently. And, then, participation with our public safety in safety driving and personal safety classes. So, here is a list of -- you know, in 2017 the strategic plan objectives that we will be focused on. We have had two in progress for a while. We are starting three right now. In fact, I just had them -- I don't know what I was thinking, I scheduled a meeting at 2:00 o'clock today to start working on one of these objectives, which wasn't the smartest thing, and try to also prepare for City Council, I will be honest with you from that one, but we have got three that we are kicking off now in the office with one set to begin in June. I think, you know, from a personal standpoint, you know, after working on getting the strategic plan up and running, being part of that core group, this last year we were working on the one specific one, but also engaged heavily in the priorities of government, looking at that. The presentation from two weeks ago to me was really like a reboot, a refresh, reinvigorated our office and many people's focus on the strategic plan objectives and I know myself and Kaycee have started working on one. It wasn't going to start until June, but for reasons where she may not be here later in October, we felt we needed to get that one going. So, we have moved up some of the activities really to that one . Again, looking back, these were our goals from this last year and I just want to talk about some of these and we really had to focus on improving and expanding what we were doing over the last year. I think we helped make the Youth Farmers Market successful through Meridian City Council Workshop March 14, 2017 Page 16 of 52 that process. The walking challenge, I already kind of mentioned. We expanded from 13 schools to now 16 schools with the opening of Hillsdale and we are able to work with charter, as well as home schooled students to expand that during the last year. Do The Right is an event that we have continued to grow and get more partnerships. In fact, it's taken to National League of Cities by the Mayor's Youth Advisory Council, so we have expanded it beyond Meridian and getting people's interest in that topic and, then, Kaycee will talk a lot about the communications efforts, so I'm not going to spend any time focused on that. Mentioned implementing strategic plan action items and we know we have more to -- more to do here and I mentioned that we are redoubling that effort now with the, you know, refreshing of it. We continue to work on the 20-26 task force. Caleb and I have helped in that and he does a lot of the logistics for the event and we have focused on the community outreach and proud to say that we were able to get 176 comments into the ITIP through our efforts for the improvement to Chinden between Locust Grove and Eagle and that was after ITD's first round of comments all went away and we had to do it a second time. So, who knows what the true number might have been , but I felt that was a very successful effort that we were doing. We continue to work on potential ways to see road improvements and, hopefully, we will have some positive outcomes in next couple months on that topic. Been working with West Ada on pursuing how to help get funding for new schools and that's been good , positive conversations and it's important that we are at the table with the needs here in the community. You know, we have heard where they are headed and it's a lot of new buildings based upon the numbers that you're seeing, not just here in Meridian, but in the other communities which are also growing and that's all going to put stress on the need for more high schools, middle schools, and elementary schools. I think that's plural on all of those in case you didn't hear. High schools. Middle schools. You know, not just talking about one of each in that context. Developing senior resource guide and, then, just want to focus on one thing real quick, the creating of CRM in Accella. So, that's something I want to give kudos to our Information Technology. We have struggled in the Mayor's Office many years over how to best capture constituents when they call and track. We have tried, you know, using such things as a database through Microsoft. We tried using Business Contact Manager through Microsoft. For whatever reason they always were either crashing the program, wouldn't work on people's computers, and really didn't have a good tracking mechanism. So, working with IT over this last year we have been able to create a database which really functions very nicely for the ones that you see versus the ones you don't see in creating some good tracking mechanisms for us. So, that's been really great and as I mentioned it's been in place since August and since August we have had over 200 people contact us that we have logged into that system. So, it's a great way for us to capture and track and we are going to be rolling that out to our other departments here shortly. It's been with the police department, they have been our first test case, kind of running through it, but, you know, it will help us be assigning and -- from that. I think last year I mentioned we were looking at using Accella to do that. Again, we are trying to put a square peg in a round hole and it Meridian City Council Workshop March 14, 2017 Page 17 of 52 just didn't make sense after talking to IT and so they helped us find a solution on that one. The last item to kind of talk about our 2016 goals was the Welcome To Meridian signs. I know that we have had conversations about this in the past. We have successfully got easements from both St. Luke's and the property, which was the Morris property right there where the new hotel is going in, from that standpoint. It's not been without challenges that we are still trying to work through those issues. Most recently we were told that the sign location that we had worked out on Winston Moore's property is in a flood plain and our design for the sign is not built to be flood plain approved by the engineering standards, so we are going to have to have that reworked from that standpoint. De Weerd: A sign is not flood proof? Simison: I don't make up the rules and regulations, I just report them. So -- and, then, we also have power issues that we are trying to -- De Weerd: Yeah. Thanks for moving over so I could stare Dave down. Yeah. Simison: We are also evaluating power costs, you know, whether it's going to be better to -- how long do we want these -- these signs lit? Is it better to run power to them or do solar. And so we -- we did put one of the signs out to bid earlier this year that came back much higher. We hoped by doing two signs at once we would see a little bit of cost saving from having two go out at once, so we are still working with Max on that. I'm hopeful we have enough funds this year remaining to do both signs with the power options. If we don't you will see me back here for your direction just to do one sign that we can complete or if we need additional funds, but I at least wanted to put that out there for your information at this point in time, but we are committed to getting these signs done. So, here in 2017 what are some of the things we are going to be focused on? Training staff. When you have large staff turnover that -- that's still going to be a work in progress. Almost every time they do something it's brand new to them and requires a fair amount of -- it may be only 30 seconds of training, that's a big focus of mine in the office this next year. City survey. I'm going to talk about that here in a few minutes and excited for that one. Record retention. You know, I think that that's a big issue for everybody in the city and we are still trying to get our arms around that in our office, but Morgan is committed to making that work and getting us compliant and have a good system moving forward. So, that's going to be a focus on our strategic plan action items as we talked about, continuing 20-26 task force solutions to help get what -- part of that road completed. Finishing the Walking Meridian signs and, then, as I mentioned, roll out the concession management software to the relevant departments here soon. So, with that I want to talk briefly about the 2017 city survey and I'm going to ask our city clerk to hand something out to you all. But this is -- where we are is I -- I have been working with the departments, in case you saw the minutes from the director meeting recently, provide them a copy of the 2014 city survey. We do the survey every three years and what we do is we look at the survey from the last time and we Meridian City Council Workshop March 14, 2017 Page 18 of 52 kind of walk through the questions to say are these still relevant and to what extent. So, the goal is to have this complete d in the next couple weeks and, then, we would send it out -- it would go out using -- to the company we are using ETC Institute in April. It takes them about three weeks to a month to administer the survey, get the responses back, compile the information that we would get back in May and, then, come back to the City Council in June for a conversation on that topic. So, just to kind of highlight what -- the document you have in front of you, the yellow questions are what I would describe as either revised -- or new or different than what happened in the 2014 survey. The other questions which are not -- does not mean there weren't changes, but they were probably either minor in terms of the lead in, maybe one or two of the items listed below were deleted, but they are -- they are substantially similar. So, from -- when you look at it -- we kept the heart of the survey from -- from the last time, which is really the area where it talks about how are we doing from that standpoint and the comparisons that can be done with other cities or communities around the nation and the changes have been the areas were departments felt the information was no longer needed or -- or we looked at other surveys or other issues that have come up that we felt was important to act out or in one case looked at the strategic plan as an action item and we put a question in there specifically in downtown focused on one of our strategic plan action items. So, we have tried to use -- use these questions as a way to help identify and do follow-up where -- where necessary or other things are highlighted . What we -- just to kind of give you a brief overview of what we did take out and what is now in, we took out questions regarding the -- the value of Meridian utility services for water and waste water and sewer. That was something that it was -- we felt quality-related questions. We were just one value. And after speaking with departments they didn't feel the value gave them any more information than the quality question standpoint. We modified transportation questions compared to the last survey. The last survey we had questions about the quality of the pavement in Meridian. You know, this time we tried to focus more on questions about types of transportation improvements. We had it -- we did have an old bond question the last survey. This time we tried -- we did -- we made it more refined and more applicable to the recent survey that was done wit h MDC on the bond. We took out questions about gym space, since we now have Home Court. We took out questions on parks, regional versus neighborhood, since we have moved forward on how we are doing on our parks from that standpoint. Downtown questions we refined and less open-ended and we took out some other open -ended questions. I think some of that with the open-ended questions it was hard to really quantify the results in a meaningful way. So, we tried to put that back into a more logical way of -- the questions -- the results that we already heard, but also working with the company on what questions are more -- what responses -- type of responses are typically common in other communities. There still is another, so there is always an opportunity for someone to comment if they don't like the way they are categorized, but just felt that would be more helpful. On the transportation questions, for those of you that went to south Meridian town hall, the transportation questions in here are really kind of pulled from that, so it's just Meridian City Council Workshop March 14, 2017 Page 19 of 52 similar to that, but on a more global basis. Just some of them very specific. As I mentioned, there is one about the nightlife in downtown, which is, you know -- again, that's what one of the Mayor's Office strategic action items, specifically in the strategic plan. So, we tried to focus in on that. Have a bond follow-up to the MDC city survey. There is a question in there on preserving farmland. That's one that's come up in the BSU surveys and we often hear -- in fact, I was told it came up today in the Coffee With Mayor. Someone was approached on that topic. And so it's -- these are questions and we want you to have input, because, you know, ultimately the responses are stuff that you guys will see and either have some opinions or want to take action on them or not . But I'm happy to talk to each of you either now or offline about any of these questions and give comments, feedback from that standpoint. But what we are hoping to do is -- it would be nice to have any comments or thoughts from you by Friday, even if you just reach out and call, we can talk through from that standpoint, because I would like to get an idea from you on that place. And, finally, for myself, I will move into kind of where we are headed as it relates to budget. The first item I want to talk about is -- you will be seeing from me -- typically each year we bring forward amendments from the State of the City and MYAC, you know, to -- all those sponsorships that you saw, you know, we don't necessarily account for all those in our base budget, so those -- those will be coming forward with our annual amendments to reallocate those funds that have come in from sponsorships to cover costs relating to different activities, such as Do The Right, Walking Club, MYAC, et cetera. And, then, the other thing is just looking forward to the next budget, looking at bringing an enhancement for performance management training for the Denver Peak Academy. This is something that the Mayor and Tom Barry went to a few years ago and it's really to look at performance management training and focuses on system efficiencies and something that the city of Denver teaches all of its employees and they have got a program based upon this that they utilize and it coaches employees to improve the way government works through innovation and enhance their experiences, change the way government operates to improve experience and this is something we will be looking at bringing here to Meridian , having them come into the training here for about 20 people here at the city from that standpoint and I would defer to the Mayor if she would like to add anything to that. De Weerd: Well -- and the idea behind the Peak Academy experience as well is to bring in the senior leadership team and the Council as kind of a team building activity, as well as teaching the processes of looking at our way of doing business and finding those better efficiencies and so that we are all seeing the same approach as we -- we move forward. But it is not only an exercise to learn about system improvements, but also an activity that can build that -- that team that -- instead of looking at self-improvement, we will look at system improvement. So, we are excited to -- to look at this. Our leadership team has books that -- that really was built on this is using the lean manufacturing approach to government, that industry finds greater efficiencies, so we are Meridian City Council Workshop March 14, 2017 Page 20 of 52 excited to explore this and you will be learning certainly a lot more as we move forward in the -- the budget process. Simison: Yes. De Weerd: So, I guess on this presentation any questions for -- for Robert? Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: The city survey, Robert, you say you are looking for feedback, are you looking for questions, suggestions, thoughts on the current questions that are proposed? What type of assistive feedback are you looking for from us? Simison: I think I was -- sorry, Madam Mayor, Councilman Cavener, I think I would say if there is -- any sort of feedback that is relevant. If there is questions that you have concerns with specifically, I would start there. But if there is questions you think are not asked that you think should be included, I'm happy to take those as well. Ultimately we are limited to seven pages. So, you can see how much -- how much space is on there, so if you're -- if you have got three or four questions that you want to have asked, well, then something might need to come off from that standpoint and formatting is also the other issue, as you can -- the order may not be the perfect order, but that's how it fits best so far in seven pages from what I got, but yes -- Cavener: Great. Simison: -- I will take specifics. If there is wording suggestions -- everyone is provided those comments and I'm happy to take them for anybody else. Cavener: All right. Thank you. De Weerd: Okay. Kaycee. Simison: Thank you. Emery: Madam Mayor, Members of Council, I'm happy to be h ere today. Let's talk communications. This is my first time using this, too. Awesome. Thank you. All right. So, these were the goals I went over with you for 2016 and the actions we took as a result this year. In the following slides I will break down these even more for you, but as you can see we did a lot in the world of communications over the past year. These are really ongoing goals that we need to focus on every year. I always want to be focused on building community. I always want to be focused on streamlining our communication s, so we are doing it most effectively and I always want to be looking to grow our communication channels. Meridian City Council Workshop March 14, 2017 Page 21 of 52 So, one of my favorite things that we launched this year is the hashtag mymeridian campaign. It was also the Mayor's State of the City theme and we really like this, because it's a reminder to people that this is their community, they live here, this is their city, so we really encouraged people to show us what does your Meridian look like. Show us at the hashtag mym eridian and it was really fun to see this grow throughout the year. We saw a lot more hashtags and what a hashtag does is it builds community, but it also forms a folder online where we can Google search mymeridian -- hashtag mymeridian, we can find all these pictures and videos or on Facebook we can search it and on Twitter and Instagram. So, it really becomes this as online folder of these great pictures and videos of our community and that's what we love about it. So, it's also great marketing that we are not only doing, but we are encouraging our citizens to do of our great city. We did more live streams this year. So, our new software implemented in 2016 has made it a better streaming experience . I don't know if you guys have seen them lately. You're usually on them, so you can't really watch them, but if you have watched them back afterward the mobile streaming is so much better. It's high-quality. And we also have a mobile unit, so it makes it easier to stream town halls, the State of the City, anything off site. We don't have to take down our big -- our big machine here and transport it and have to worry about ruining that. Now we have an actual mobile one. So, that works really well. We also started using Facebook Live as a tool this year and I will show you more of those matrix on the next page. But we did the outdoor gym ribbon cutting at Tully Park, Summer Town Hall at Hillsdale Elementary and, then, we do Coffee With the Mayor as well. So, we did that one this morning. In 2017, though, the goal is to stream even more events on Facebook, including town halls and Council meetings. So, I'm working with IT on making it so we can have a dual stream going on both YouTube and Facebook Live of all of our Council meetings just opening that citizen access even more. As you can see on YouTube live streams we stayed at the same average number as last year , so I'm keeping the goal at 25 for 2017 and I want to remind you that these numbers are people that tune in live. When I flip to the next slide you're going to see that we get a lot of posts live, but these are -- this is the average. So, average we are reaching 11 people, which I'm so happy to know we are serving those 11 people -- the average 11 people. We get more on some and you will see that in the next slide, because they want to -- they want a way to view the Council meeting and we are giving them that way. So, again, that's a citizen access and that's very important. The top live streams on YouTube of 2016, the City Council meeting on April 5th, 51 views, and the City Council meeting on December 20th had 51 views and, then, you can see the post views 172. So, they more than doubled in the post views, you know, people came back and watched the video. More people went and found the video, because we have a City Council playlist. So, it's very easy to find a past City Council meeting for a residence. Growth comparison. I am really excited about this. Our State of the City had a lot more live stream views. We went from three during the actual live stream to 68 views and I think this was because KBOI actually ran our live stream on their website. So, that helps get more attention to that live stream and, then, we had 250 total Meridian City Council Workshop March 14, 2017 Page 22 of 52 post -- post State of the City. But you will see why I want to look more at the live streams on Facebook in 2016, because the numbers are a lot higher. So, the Bourne world premiere at The Village garnered us over 1,100 views. Town hall on August 31st was 238 views and there were also comments that the Mayor was able to reply to and the comments were overwhelming on that one. They kept saying this is so fantastic. We love this. Keep doing this. So, that was great to see. Coffee With The Mayor on September 13th was 95 views. Today was 274 views on our Coffee With The Mayor this morning and we reached 925 people this morning. So, that's really good. The reach is really important on Facebook, because that's how many timelines and people are viewing your videos. So, even if they don't stop to watch it, they may come back, because they saw that you were live. Another way we are building community is by making it easier for our residents to reach us and the Mayor. We added the Ask Mayor Tammy A Question forum to our Mayor's office main page and we did this after we heard the fire department has had success with a similar button on their homepage, so in the past year since we implemented that we have had 81 forms submitted. We also had an Ask Mayor Tammy that we ran on the first Wednesday of each month for six months on Facebook. We didn't receive any comments not one. So, we go back to the drawing board and we are going to try something new. This year we are going to try Live Lunch With Mayor Tammy and what this does is it's just giving people another way to connect with her . I have seen another city do this, a city that I look to a lot in another state. They are a little bigger than us, but they have become kind of a sister city for me where I call them and talk to them on a quarterly basis just to get some ideas and they do a live lunch with their mayor and I really like that idea . So, we will see. We will do it -- we won't just try it once and not do it again, we will try it for a while and if it starts to pick up and we continue it, of course. Bringing government to the people. That's what we are doing. We just sent out the first round of our Welcome to Meridian. So, talk about building community, we want to right away let the new residents know that they are welcome and that we are so happy to have them here. So, we just sent out the first round. It was five months of postcards to new residents for this fiscal year. We had budgeted 1,500 for the entire year and you heard the population numbers and the -- it was 7.5 percent increase. We had 1,850 new residents just in the first five months. So, we restructured the program this year in order to meet the budget and so we are going to try two pilot versions this year and we are going to see what people respond to best. The first round we said -- and I will give this to the city clerk afterwards, so he can pass it down to all of you to look at. The first round we sent out this postcard that people will receive and when they open it it's a welcome letter from the Mayor and it has a website here on the postcard where they can go and they get all the welcome information that we would put on a thumb drive and, then, it also has a QR code in case they have one of those on their phone. So, that -- and, then, on the back a little nice postcard picture of Meridian, Idaho. So, that's the first way. The second way we are going to try the thumb drive program and we are going to see what -- we have two different sites, so we have a link to a different site on that thumb drive and we have asked them Meridian City Council Workshop March 14, 2017 Page 23 of 52 to open the flyer and, then, it links to another website. So, we are going to see what websites get the most traffic and see how we want to continue running this program. De Weerd: We are hoping the postcard is wildly popular, because it's certainly more affordable. Emery: And efficient. The Mayor and I do like the postcards, but we also have heard -- we also have heard good reasons why people would like the thumb drive. So, we are -- we are curious to see what people's reaction will be. Streamlining communications. Let's talk about that. I have had regular meetings now with directors and this gives me a chance to touch base wit h them, learn what they are doing and also find out if there is any ways that I can help them, because I found that they -- some directors don't always -- they are not always aware of everything -- all the communication channels that I have to help them out in their different activities and events that might be coming up. So, that's been really good and it helps -- we have been able to pitch more stories to the media that way as well, because I will be talking with the director and I will find out maybe an interesting story that I think will be a great news story and so a lot of -- a lot has come out of those meetings. Canva is the new tool I recently introduced to people throughout the city. It's a great program that is online that makes it very easy to create really good flyers that look like you are a graphic designer. It's such a great program. I love it. It also helps streamline branding, because the logos and city colors are set and I can easily review all items before they go out to the public. So, it's streamlined that process as well. So, I really like Canva. It's been a good addition. And while it may seem small, the Outlook signature project was a huge endeavor and very important when it comes to city branding. Now, we all have the same signature. I worked with IT to develop a signature that would work and we allowed for some customization by department, while keeping the same look and feel. We also included a legal disclaimer, which is important for those who receive our e-mails, to be aware of the fact that it's a public record and we are happy to see this is implemented and our e-mails are branded across the city. It makes my branding heart happy. Facebook. Let's talk about increased presence on social media and let's first look at Facebook. So, in talking with my sister city that I speak with quarterly, they have a lot of likes on their Facebook page. So, I asked them what they are doing. They said they are spending 5,000 dollars a year on ads and that's helping to grow their likes. I don't have that kind of budget and that's fine, I have a budget that I am willing -- that I am able to work with and also I am -- I am focused on likes, but I am also focused on reach. Reach is very important, because beyond how many people like your page you have to be focused on how many people are getting your content. So, I am still working on the likes. Current it is actually -- I just checked it before I came up here. It's 5,896 and I will take those extra likes and put it here on the public record . My goal was 7,000. So, I missed my goal and I'm still going to up it for 2017. I'm going to up it to 10,000. It's interesting. Events like Snowmageddon, we saw a huge uptick, Meridian City Council Workshop March 14, 2017 Page 24 of 52 which made me happy. People were coming to us for -- as a resource. They were coming us for information. So, that actually was a good thing. People found us to be a good source of information. Our reach and engagement are consistently on the rise and one thing noted this year, which was very, very, very interesting, Saturdays and Sundays are huge for our followers. That shifted. This is why I look at our Facebook insights, because I want to see when our -- when our followers are online and I have found that overwhelmingly the people in this city are online on their Facebook on Saturdays and Sundays and so I post a lot of our big events -- my weekly videos now go out on Sunday instead of Monday to capture that audience. Speaking of -- De Weerd: And -- and I think it's worth noting, Kaycee, on the -- on the Facebook or using the website for Snowmageddon was huge and you saw that time and time again, comments on NextDoor, on Facebook, and -- and just even at events that we are at, people really appreciated the information that was being posted on our website and constantly we were sending them back to the website for information. We were not only giving them updates from the city, but Kaycee was working with the other agencies, with Idaho Power, with ACHD, with the county, with the schools and making sure that all of their links were on our website, so we didn't have to keep their information up to date, we would link to their -- their websites and the -- the citizen would get that immediate information as well. So, it worked very nicely and there were a lot of kudos that went out to Kaycee in keeping people informed and making sure they had access to the information that they were interested in. So, kudos. Emery: Thank you. Yeah. I know we were one of the only agencies -- I think we were the only agency in the valley to set up a special website just for storm information or a special page. It was meridiancity.org/storm and, then, that hotline was so helpful for our residents as well. So, yeah, that was that a -- that was a wonderful -- not a wonderful event, but a wonderful way to work together with so many different departments in our city. We just all came together and it was just -- we will never forget that experience, because I enjoyed working so much with people that I usually don't work with every day , so -- and, then, speaking of Snowmageddon, we had our highest reach on Facebook with Snowmageddon. In the Mayor's declaration of the state of emergency the organic reach was 14,455. Our paid reach added 12,937 to that total. And I paid 13 dollars to boost that. So, you're probably wondering why do I boost something like that. Well, I think it's important that with Facebook algorithms you never know where you're going to fall in someone's timeline and when I have really important information like this or I also boosted the hotline, I think it's really important that I put 13 dollars out there, so that I'm making sure that our citizens know what's going on. Here is what's happening. You have snow. Here is what we can do to help. So, that's why we boost stuff like that. We also boost events to make sure our citizens -- because that's one thing they have -- they have reported back to us, they want to know when events are happening. This year we started uploading This Week In Meridian and other videos directly to Meridian City Council Workshop March 14, 2017 Page 25 of 52 Facebook, because video is king on Facebook. We had 89,806 video views in 2016. That's huge. We also started adding more text to our videos. So, now on our This Week In Meridian you may have noticed we have more text. The reason is I looked at our analytics and found that 90 percent of people were watching our videos on silent, because they are sitting in a meeting and scrolling through their Facebook and they are watching the video, but they are still trying to pay attention or they are at the dinner table or something, but we want to make sure they get the information even when it's needed. So, that's what we are doing with our videos now. That's a big shift we have had. We ran ads on all of these videos, except the bottom one, which is -- is another Snowmageddon one. That was Mayor Tammy clearing a storm drain -- showing people how to clear a storm drain. That one had a ton of engagement as you can see. We are at 5,874 followers on Twitter, so I'm keeping our goal at 7,000 for 2017. While we didn't see the followers we had hoped for, our daily impressions and total impressions are way up. So, that's great. Twitter is a good way for us to interact with the media and other entities, as well as businesses. You can -- you have probably noticed that Facebook is my favorite and it is the most popular social site out there and it is the most popular with the widest age group s. So, that's why we really focus on that one. Here is an example of how much Facebook reigns when it comes to video on Facebook. We had 89,000 views here on YouTube for the total 19,465. That's because Facebook, as I said, puts this video right in the timeline and that's why they can -- it's right there and it's -- it's while they are scrolling and it pushes it out to them. But still our numbers on YouTube our way up from last year. On top of our top videos the new utility billing software video was the number one video . So, that really shows that we provided a good resource to people when we launched that new site . They really like that. And we are working on one now for the new opengov page. Very similar where we just walk people through how to use it. So, I'm -- I was encouraged when I saw those numbers, because I thought, well, people must like these videos when they go to a new page . It helps them figure out what they are doing and when they watch the opengov one they are going to figure out, oh, great this is really easy to use, so that video will maybe start a spark in their brain for how they can use it. We even had a town hall and City Council make the top videos of 2017. So, we produced a lot of videos this year. Fifty-two weekly videos, 15 specialty videos for departments, and four videos for the State of the City. The intro, that one was our baby. The intro for the State of the City was our baby. We worked on that video for a whole year and we had fun, right, Mayor? De Weerd: We did. Emery: All right. LinkedIn is a great place for us to post about public meetings and job announcements, but we have also started posting more on LinkedIn. It's becoming a little bit more -- it's still a professional network, but it is more social. People are posting more events there. So, we are posting more events there as well. Our goal for 2017 is 700 followers. As for NextDoor, I listed it last, but it really and truly is one of our best places to communicate with residents , with Meridian City Council Workshop March 14, 2017 Page 26 of 52 15,411 member households, we have the most reach on NextDoor. It's also nice to be able to drill down to specific neighborhoods. Right now we are able to do that when they are doing flushing in certain neighborhoods, we are drilling down and we are just giving them a heads up. This is happening in your neighborhood. And we can do that with different road projects as well. De Weerd: And right now you are working with NextDoor to see if we can see what other agencies post and that's something that -- that came out during the winter event is we wanted to make sure that the other agencies , the county, ACHD, the schools and -- and that sort of thing saw what we were pushing out there and we, in turn, wanted to see what kind of information they were sharing, so we weren't duplicating or contradicting each other. So, that was -- that was very important and still working with NextDoor on seeing how we can make that work. Emery: Yeah. They like the idea and now I -- and now I gave them -- my vision would be maybe even a timeline to the right where you see the agency post and that would help other agencies. Yeah. Exactly. So, with so many social media channels, the goal is to focus on our top ones, but we do want to -- we did launch an Instagram account this year and that's because we do want to start to reach out to that audience. Instagram is a younger audience and so we want to make sure that we were reaching out to them as well. We currently have 292 followers. So, I call Instagram our infant. And my plan for 2017 is to work with HR in hiring a college intern for the fall who could really focus on our social media with a special focus on Instagram, because that's really their bread and butter as well. So, I'd really like to grow our Instagram page a lot this year. You can see I really -- I want to take it up to a thousand followers. And we have increased our outreach. Our This Week In Meridian videos now run on cable channel 22.1, as well as some promos we produce. The Christmas in Meridian promo ran on there. It's an antenna only station and reach es about 30 percent of households reaching a demographic we may not be reaching on other avenues, such as social media. So, that's the thing with my job, I need to find all different ways to reach our residents, because our residents are all different ages, all different demographics, so we want to make sure we are reaching them. We also pitched more stories in the media this year and the Mayor's State of the City blog was published in both the Eagle and Greenbelt magazines. First time we have had anything published in those magazines. And, then, we also have Mayor Tammy trading cards. De Weerd: It's a nice have, uh, Joe? Emery: And I will give this to the city quick as well, so you guys can pass -- and so you can see who her favorite superhero is. De Weerd: I think I was celebrating a football win or something like. Meridian City Council Workshop March 14, 2017 Page 27 of 52 Emery: I know I tried -- I tried to -- I tried to cover over the visor, but she wouldn't let me. All right. Our e-newsletter continues to be a great way to reach people. We changed it to a more mobile-friendly format, because I found that 57.8 percent are viewing it from their mobile device. So, now it's one column, very easy to view on mobile devices. In 2017 I'd like to increase the subscribers to 10,000, which mean we might have to look at other avenues to use, other than the one we are currently using. I'm also working on a way to manage the list better, because I'd like to look into having a public or a media list , so I can put like press releases through MailChimp and that way I can have analytics for my press releases, who is reading them and who is -- who is opening, that sort of thing. I really like analytics, so I can see how people are responding to our communications. With the addition of Katherine, our web developer, our website is in for some great things. In fact, Katherine and I meet on a weekly basis to talk about different items. She's already added more to our homepage and helped us design the new opengov landing page. Our page views are up. You can see that. And we will continue to market our site as a resource for residents and businesses and our most visited pages, still pretty much the same as last year. Looking ahead to 2017. I will be working on the strategic plan, specifically 3-A-1. I have already started on that for evaluating the strategies we use to market city activities and how we can improve those. I will also be contributing to 3-A-2, looking for ways to increase citizen access. Opengov -- it's already been established it's a great -- great tool for increasing citizen access. It's -- it's almost a model of how you do that. It's so transparent and that's why I'm really excited for this video to get it out there on all of our social media channels , on the website, to really show people how they can dive in. We will have -- I want to talk more about possibly increasing outreach and citizen access when it comes to our annual report, getting it into more hands, possibly mailing it to residents. And also our new resident program really helps with the increase of citizen access. I'm looking to update our graphics manual and I also want to track increased outreach through a PR log. We also want to increase video capabilities. I'm currently researching if a drone is something the city should purchase and how that would be operated, what kind of process we would have to put in place and what kind of education people who man it would have to use , but if you think about all the departments we have, there is different reasons that all of them would utilize the drone. So, that's something else I need to do. There is research in that program and process and see if it's right for a city . So, there is lots of work to be done and as always we need to be diligent about reaching out to residents and providing information via many channels to serve the different demographics. That's all I have. Do you have any questions or comments? De Weerd: Any questions or comments? Bird: I have none. Cavener: Madam Mayor? Meridian City Council Workshop March 14, 2017 Page 28 of 52 De Weerd: Mr. Cavener. Cavener: Comment and a question. Kaycee, again, a great report. I just lov e that you share with us the goals that you presented the year before, identify where you hit, where you didn't, what your plan was to achieve that. I think other departments should be taking a page out of your book when they come before us as a way to talk about what they have told us in the past and where they are headed in the future. I think that's great. My question is about boosting social media posts. I'm hoping you can maybe just extrapolate that a little bit more. When I see posts about Snowmageddon that seems to make sense to me, but, then, I also see posts when we talk about the dog that gets the award and we are spending money to post that. I'm hoping you can explain kind of what your matrix is in determining why a post is boosted, why one is not. Emery: That's a really good question, Madam Mayor, Councilman Cavener. I boosted -- so, I will -- I focus on events, because we want to increase attendance to those and I also focus on critical information that we need to get out. Sometimes I will boost a post and I won't spend a lot of money on it, but I will boost a post that's getting a ton of engagement, because it's a way for me to try and get more people to notice our page. Hey, the City of Meridian, Idaho, has a Facebook page, we are out here, and so that one was getting so many shares and so many likes that I boosted it, so that people could see, hey, we are out here and I knew it would be one that caught people's eye and it was a news story that was going viral, so I wanted to -- I did it for the attention for our page. So, that one was one of those exceptions where I did it because I want ed to get more likes for our page. Cavener: All right. Thank you. De Weerd: And I will tell you that that went so viral -- my husband happened to be traveling in a different country, picked up the paper in that different country and read about a home town hero in Meridian, Idaho, that was a dog. I mean it was just -- that -- that story was crazy. I think it hit about 15 different countries and -- yeah, it went viral. Emery: It was crazy. And I wish I would have marked it, but we did get quite an influx of likes after that boost and I -- the next time I will mark something like that, because it would have been interesting to note here in my presentation , because it was an exception to my rule. De Weerd: And so why are you elevating or rushing some of the planning -- Emery: Fitting everything into the next six months? De Weerd: Uh-huh. Meridian City Council Workshop March 14, 2017 Page 29 of 52 Emery: Because I'm three months into a pregnancy. I'm having a third baby. Instagram is not my only baby. Bird: Congratulations, young lady. Emery: Thank you. Very excited. De Weerd: Yes. Okay. Well, thank you, Kaycee. Emery: Thanks. Cavener: Great report, Kaycee. Great report, Robert. B. Public Works: Miscellaneous Water & Water System Repair Fee Schedule Update De Weerd: Okay. Item 7-B is under Public Works. Can you get our sign out of the flood plain, please? Miles: I was just going to say, I was all set and ready to come up here and thank whoever put the agenda together, because I didn't know how it was going to go after the Air Force guy with the airplanes and, then, Robert brings up the sign in the flood plain, so I don't quite know whether to say thank you or not. We are working on that and we are happy to address any questions if you have about it. De Weerd: Just a way to give you a hard time. Miles: Absolutely. So, today we are here to talk about an exciting topic -- I got lots of pictures with color graphs, kind of like the Air Force. Not really. Meridian -- Public Works miscellaneous fees. So, I just want to come before you and have an introductory discussion about miscellaneous fees for the Public Works Department, which are part of a fee schedule that finance houses and every department has a list of what's called miscellaneous fees. So, I have got about six or seven minutes of presentation. We will run through that and, then, happy to open to any questions and conversations that you have. Under Meridian City Code the Public Works Department is authorized to establish and charge fees for water meters, meter fittings and parts, and other fees associated with repair, damages to water meters, and their appurtenances. The fees are referred to, as I said, miscellaneous water and water system repair fees and are separate from the water assessments and rates. So, just for clarification. We know we have -- our assessments our developer driven, preconstruction, based on ERU contributions. Rates are based on average water monthly usage, charged on a monthly rate. What we are talking about today is truly miscellaneous items that don't fall under the assessments and rates. Things like water meters a nd equipment like meter covers and things of that nature. So, that's what we are talking about today. Meridian City Council Workshop March 14, 2017 Page 30 of 52 De Weerd: And I will say that I have already asked is there any way we can call it anything other than miscellaneous. That's not a category I have b een a big fan of. Miles: I agree. It becomes a little ambiguous sometimes and hard to explain. They are fees that we do currently charge and we have had them on the books since at least 2006. They haven't been updated since about 2006 or 2007 and just to -- to clarify, what we are talking about with -- with revenues are these miscellaneous fees for Public Works represent approximately a million dollars of the overall revenue budget for the Enterprise Fund. So , about three percent, a very small amount that we are talking about today, but, nonetheless, one that is important when you're considering cost recovery to insure that we are having the right fees for the right services and the right equipment that we are charging. Again, considering that one m illion dollars that we are talking about in these miscellaneous fees, you see on the left approximately 50 percent of that one million dollars is made up of water specific related efforts , some water meters, water lids, services to put those water meters in there, water meter rentals to contractors, things of that nature, and you can see on the right the majority of that piece of the pie is represented by water meter installations and it's roughly 300,000 and -- 330,000 dollars for water meter revenue. This is an example of our water meter specifically and what it shows here on the top -- you can see approximately 90, 91 percent of all water meters sold are the three-quarter inch residential water meters. So, it's important to note that while we are talking about a lot of changes or proposed changes to the fee schedule, what's driving most of this is the sale of the water meters in the residential market. You can see below maybe from a business perspective there is not going to be a lot of businesses that stay in business if they are charging a cost to purchase a meter and paying more for that meter to buy it. So, it's not necessarily a great business model and that's the primary reason we are here today is supplier costs have gone up and we need to start getting in line on an annual basis to update those costs as needed. In short, the summary is that we have costs that are -- we have fees that are underneath what our current costs are by our suppliers and we do have some elements on the fee schedule -- or, excuse me, some elements of our work that we are currently doing that are not on the fee schedule, so we can't recover those costs through a traditional fee schedule method , we do have a process through recuperating costs and it damages your insurance claim going through the legal department, but our ordnance does require us to have a list of fees and it does require us to use that and if we have that -- in our opinion it's easiest to have that list up to date, so that we can charge those fees accordingly. So, our recommendation to Council and the Mayor is that we look for your support for resolution to update the fee schedule of the miscellaneous water and water system repair fees and also support coming back on an annual basis to update that schedule as is needed based on the supplier pricing. And that's all I have for you today. It's really an introductory conversation with you all and get your Meridian City Council Workshop March 14, 2017 Page 31 of 52 feelings on -- on the miscellaneous fees, including whether or not we can change the name. De Weerd: Thank you. Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: I'm like the Mayor, I -- we can surely, under miscellaneous, get something out there besides miscellaneous. And we definitely need to get our fee schedule up to date. In the private world we wouldn't be very happy with our bank -- our bank wouldn't be very happy with us. In fact, he might pull the plug. So, I'm sure you will be on top of it. De Weerd: Any questions from Council? This will come back, then, in a public hearing on the fees and, then, the typical resolution or ordinance, that kind of thing. So, any questions about this? Okay. Thank you so much. Miles: Appreciate your time and we will work on your sign. C. Public Works: Water Service to Un-Annexed Property at 5050 W. Franklin Road De Weerd: Okay. Also under Public Works, Item 7-C is Warren. Stewart: Madam Mayor, Members of the Council, similar to an item that you heard a while back, although there are some key differences. This next item is a request from Mr. Roger Graham, who you -- hopefully you have received a packet which has a memo from Public Works with Dale's recommendation or his signature on that letter, as well as a letter from the owner and a map showing his property. He is located at 550 West Franklin Road, which is just a little bit west of Black Cat Road on Franklin. So, just a little background. When we do road improvement projects with ACHD and we put in new sewer and water infrastructure, we always, as that new infrastructure is being designed, we go to the residents that will eventually fall next to or adjacent to that infrastructure and ask them if they would like to put in sewer stubs and water stubs to their property during the construction process, because it will be much cheaper for them to do it as part of that construction process than it will be to do it later when they have to do it all on their own and pay for asphalt repair and everything else . So, we did that with the Franklin Road project, as it was being designed we went out and asked residents if they wanted to pay for sewer and water stubs to be extended to their property line, so that they could connect in the future and Mr. Roger wanted that, so he actually paid for, out of his own pocket, to have the contractor include in that contract sewer and water stubs to be extended to his property and it wasn't very long after this that he started having problems with his well and he Meridian City Council Workshop March 14, 2017 Page 32 of 52 has -- since that time his well has gone completely defunct and he has no water at his home presently and hasn't had for several months and he's been getting by without that, because he knew that this project was coming, he knew that eventually the water and sewer lines would be installed and that he would hopefully be able to connect up to that and avoid drilling a brand new well, which I applaud him for, I think that's -- if we can keep a new well from being drilled that's -- that's a good thing. So, we have reviewed his application and from a Public Works perspective and infrastructure perspective support having him connected to the City of Meridian's water system and entering into an agreement with the city -- we would and he would enter into an agreement with the city that when he becomes contiguous he wo uld connect -- or he would annex into the city and that he would also connect to the sewer system at that time and he has agreed to that. You had a copy of that agreement in your packet . I don't know if the new version of the agreement I think -- do they have that? Okay. So, he made some minor modifications to one of the -- one of the items. It's item 2-A. It used to read that all costs related to water infrastructure, construction materials and connection, including, but not limited to, hook up assessment, meter installation, and inspection fees, he was just like, oh, wow, is there a whole lot more to this thing than I'm thinking of and he wanted that language changed. We modified it slightly. I will just let you know what it currently says. It says all applicable costs, including, but not limited to, assessment and meter installation fee. So, it just simplifies that language slightly. But it still leaves him responsible for all fees associated with making the connection to the -- to the city system. So, what you have before you is a request by him . We have, from Public Works, reviewed that, do not see any particular reason to deny this request . In fact, we are supportive of that, but looking for your direction and support. I think the next item on the agenda is actually the agreement . Because he is out of water we wanted to try and expedite this if possible and get both of them on this Council tonight, so that if you concur, if you support this, then, we can go ahead and get the process rolling and get him connected to the water system. And with that I will stand for questions. De Weerd: Thank you, Warren. Council, any questions? Bird: I have none. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Warren, can you tell us what part of that agreement -- or Mr. Nary had asked as well earlier. What part of the agreement empowers the city and ensures that a future annexation, if the future landowner, assuming this landowner sells it and it's 20 years later, that an annexation application will be processed and if that landowner doesn't want to do what they are consenting for the city to be able to do that on their behalf? Meridian City Council Workshop March 14, 2017 Page 33 of 52 Stewart: I believe that's correct, but I will let Bill chime in. De Weerd: Oh, that's the idea. Turn off the attorney. Good job, C.Jay. Nary: All right. Madam Mayor, Members of the Council, Councilman Borton. So, there is a provision in the contract that grants consent and this is going to be recorded against the property, so a future property owner will know that consent has already been granted and under the current state code that's enough for us to be able to, then, annex the property if the person refuses to do so. I mean we could, obviously, enforce this agreement like any other contract if we wanted to and require they do it. That's probably what we would do initially is send a demand letter, say you have this provision, you need to annex. If they don't do it we would probably send them a demand letter saying you have to do this or we will sue you. But I don't foresee that. One of the things I mentioned to the Mayor -- we have done it a couple of different ways over the years. This was the standard way, we had done this for many years, and, then, there was a period of time where the city just took on the responsibility of doing it , because it got to be very contentious with some property owners on officially requiring them at some point in the future to pay the fees. They would come to the -- to the Planning and Zoning hearing with, basically, an attitude of I don't really care what you do . I don't really want to be here. I don't -- I don't want to pay for this. I don't want to be a part of it. But it could be a very expensive process for the city to assume it. So, I think we will -- probably following this, since we have had a couple of these requests now, is probably have an internal meeting and discuss, you know, is there a better way -- when the initial -- like at this juncture when the property owner who needs that service is probably the best time for them to want to participate in this process and is there a different way to go about it and I don't have a great answer today for that question , but since we seem to be getting a couple more of these than we have had -- we didn't get any of these for quite a while -- we probably need to figure out and , then, come back to you as a Council for a policy decision on which direction you would like us to go. But right now I think -- I'm satisfied. Ms. Kane is the one that wrote this agreement and so I'm satisfied that we can record it and the way the future property owners would know that they are obligated to do this is when they purchase that property. Stewart: Madam Mayor? There is also a provision in here that says if their septic system goes down that they would have to connect up to the city's sewer system, either when their septic system goes down or upon annexation . We also have in here, essentially, in this agreement, the ability to go ahead at some point and connect them up to the sewer system and have them pay those sewer assessment fees also and I would probably also mention, based on what Bill just said, yesterday the neighbor across the street -- evidently ACHD, when they were doing their work, hit their -- their drain field and so wiped out part of their drain field. So, there will be another one coming really soon for the sewer system from the neighbor across the street. Meridian City Council Workshop March 14, 2017 Page 34 of 52 Nary: Madam Mayor? Madam Mayor, Members of the Council, Councilman Borton, the other provision that's in here, too, that also gives us some enforcement authority is it also agrees that we can turn off the water if they refuse. So, we could -- we could actually turn their water off if they don't apply to annex or they don't follow through on annexing. That's another remedy that we have, so -- De Weerd: Okay. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Seeing we have any -- I don't believe we have any more questions, I move that we -- the attorney draw up an agreement for provision was water services outside of Meridian city limits for 5050 West Franklin Road. D. Agreement For Provision Of Water Service Outside Meridian City Limits: 5050 W. Franklin Road Nary: Madam Mayor, we are -- the agreement is D. So, you can just approve it. Bird: Okay. I approve it. De Weerd: So, we have a motion to approve Item 7 -D. Do I have a second? Little Roberts: Second. De Weerd: With a second. Any discussion? Mr. Clerk, will you call roll. Roll Call: Bird, yea; Borton, yea; Milam, absent; Cavener, yea; Palmer, yea; Little Roberts, yea. De Weerd: All ayes. MOTION CARRIED: FIVE AYES. ONE ABSENT. E. Community Development: CDBG Program Year 2017 Introduction De Weerd: Thank you, Warren. Item 7-E is under Community Development and our CDBG. Hood: Madam Mayor, Members of the Council, it is my privilege to kick off this next agenda item by introducing your new CDBG administrator. This is Meridian City Council Workshop March 14, 2017 Page 35 of 52 Christopher Pope. I know a couple of you have seen Christopher around at various meetings. This is -- he has been here about three weeks now and -- and comes with some grant experience from the city of Pittsburgh. Worked in a borough or a district there for a councilman and -- and, like I said, about three weeks in and I have really been impressed with his can do attitude and jumping right in and trying to pick up kind of where Sean left off and there is definitely some -- just some things -- some dots to try to connect that aren't easy and, again, I have been real impressed with his initiative and getting this program off the ground, keep it going forward. He's going to run through the 2017 CDBG calendar, at least the next several months anyway. So, I will turn it over to Chris. De Weerd: Thank you. So, is it Christopher or Chris? What do you prefer? Pope: Oh, goodness. Madam Mayor -- you know, it doesn't matter to me. Chris is fine. If you feel like saying Christopher that is also fine. As long as I know that you're referring to me, whatever you choose to call me by it will work. De Weerd: Well, I just heard both, so I thought, okay, it's Christopher and, then, he said I will turn it over to Chris and it threw me off. Pope: It all works. I had a university course is grad school where I was -- there were a number of Chrises and I was referred to as Liam. As long as I knew that they were calling me Liam it works. It really doesn't matter. But, Madam Mayor, Members of the Council, thank you for allowing me to be here. Just really quickly I wanted to run through this program with you as we have it outlined. There was a memo that was left on all of your desks a couple weeks ago, as well as an e - mail sent and it should be in your packet now. Just going to review some of that information for the public record as well. So, this next week -- technically right now we are kicking off the program for the program year 2017 for the Community Development Block Grant program for the City of Meridian. I'm going to refer to the Community Development Block Grant program as just CDBG from now on for the sake of convenience. So, as we get into this -- I do want to discuss just a quick introduction of the process that we are undergoing right now in the program. So, first and foremost, I guess kind of an interesting year this year with it being 2017. Last year in 2016 was the last program year that was part of our last consolidated plan or five year consolidated plan, which is, essentially, a strategic plan outlining the priorities, goals, and needs for this program and the community development needs in terms of housing and low and moderate income individuals here in Meridian. So, this year we get to go through the process of doing that planning and all that strategic work again. We started this year by looking at the program from the last couple of years, the activities and projects that are still open, the ones that have been completed, the success of those and all the information leading up through those projects and activities to better inform where to go from here. We are working with BBC Research & Consulting on helping to develop that consolidated plan for the next five years, from 2017 to 2021. They helped us with our last consolidated plan. They do this Meridian City Council Workshop March 14, 2017 Page 36 of 52 for a lot of other cities around the country, so they know what they are doing and we are working with them closely to make sure we get very clear , concise and relevant strategic goals, needs and priorities here for the city. Following that we are currently -- or this next week we will be starting the application process for funding for the program year 2017. At the end of this little presentation I will ask if you have any recommendations or ideas for organizations or projects that we can consider or look into for funding for this next program year. As we go through that application process we will garner a little bit more information about what the needs are, what the opportunities are for funding, and developing an action plan that will help us implement the goals and meet and achieve all of the priorities and needs that we have outlined in the consolidated plan. Regarding those two plans, the action plan for 2017 and the 2017 through 2021 consolidated plan -- and we will come back and present that to you in about two months' time. We will get more into the schedule here in a minute. After we go through that -- that action planning there will be a public input process where we will have a public hearing in the 30 -- 35 day public comment period, after which we will revise the plans and the goals of the program as needed and, then, later in the summer we will go through the process of presenting that -- these plans to you all, adopting those recommendations for funding and submitting them to the federal government for approval. To get into the specifics here, we have got three phases of activities going on and we are currently in the first one, which is the application and planning phase and I have kind of outlined those activities to you pretty quickly here. After we get through that we will go through the -- the public comment phase and the federal submission phase and those are all pretty self-explanatory, but the key dates that are relevant to you all and also to the public are noted here. Beginning next Monday we will have the submission for 2017 CDBG fund applications. They will -- it will open and that will go for four calendar weeks. They will close on the 17th of April. Next Tuesday we have an information session for all relevant or interested or just -- even just curious individuals, agencies, organizations or representatives to learn about this program. The shift that we have in our strategic goal, with it being a new five year cycle, and how and if they are eligible for funding through the city's program . After the 17th the CDBG committee is going to score and rank those applications, after which an action plan will be developed with the specific recommendations and it will be presented to you on the 16th of May. At that -- at that meeting there will be -- we were hoping, assuming everything goes well, that there will be an opening of the public comment period, which will last for 50 days, culminating in a public hearing, which will happen on the 20th of June. Afterwards, any revisions that need to be made will be made and the plan will be submitted to the federal government for approval. So, with that -- that is a very quick overview and I want to know if you have any questions or concerns about this process. I mean we go through this every single year and this probably isn't new to any of you, but I would like to know if there are any concerns about how we are doing this, where we are going with it or any questions about the process. De Weerd: Council, any questions? Meridian City Council Workshop March 14, 2017 Page 37 of 52 Bird: I have none, Mayor. De Weerd: No. You were very thorough. Pope: Okay. Thank you, Madam Mayor, Members of the Council. Last thing would be do you have any recommendations for projects. I got an e-mail earlier today from Council Member Little Roberts and she recommended the organization CATCH we have worked with previously and we are looking at developing that relationship a little bit further, both professionally and potentially with a funding relationship. But, please, if you have any recommendations for projects, organizations, individuals, ideas that -- that we can look into to further the work as you see the need or priority, I would ask for them now or in the future. Little Roberts: Madam Mayor? De Weerd: Mrs. Little Roberts. Little Roberts: One of the things I had asked Chris about was -- we had had some changes within CATCH, because we -- they had had some money that they had ended up returning and so I was asking him about those. I know at least one of the situations has been resolved and so just kind of -- they are a great organization that just had some changes at the time that they had the funding and, then, had to return the funding. Just wanted to see if there were things within that group that kind of -- they had stabilized enough that would, you know, warrant funding again, because it is a great organization. De Weerd: And I would encourage that if you have any ideas or would like to sit down with Chris to kind of get a better overview of what would qualify and that sort of thing, please, do so. So, what is your timeline on that? Pope: So, the timeline -- Madam Mayor, the timeline on that is this next Tuesday there will be a workshop that's held for the public as mentioned. The sooner I can get recommendations the easier it will be to make sure those individuals get the content and information from that workshop. Otherwise, as long as I have enough time to get in contact with whoever you're recommending or do some research on certain projects or ideas, that I can motivate somebody to get an application in before that April 17th deadline, then, we are good to go. De Weerd: Now -- so, if you had an interested party, what is -- what is the time frame that the money would become available and when would they have to have it spent? Pope: So -- Madam Mayor, that was a great question. So, the program year 2017 does not begin until this October. So, October 1st of 2017 with the Meridian City Council Workshop March 14, 2017 Page 38 of 52 beginning of the new fiscal year. Generally speaking from my understanding the federal government does not release funds -- or release funds to entitlement communities like ours until January -- sometime late January of the following year. So, we will be looking at being able to get funds for these projects come late January of next year, in 2018. When we get those funds we can confirm grant amounts and we can move forward with subrecipient agreements, making sure everything can move forward. Assuming everything goes well, my assumption would be no later than March or April of next year is when the projects could begin. After which, depending on the project, the funding and -- the funding schedule is different for every project. We are in a scenario right now with the federal government where they are urging us to -- to try and push projects through quicker. We had -- we had a backlog of funds with some cancelled projects and some unallocated monies and they got us into a situation where the federal government wants us to choose and prioritize projects that are going to be impactful, but also timely. So, generally speaking, if -- in every one of the subrecipient agreements there is an amount of money -- a percentage of the funds that is expected to be distributed by a certain date within the calendar year . Generally speaking it is within one calendar year of the -- the beginning of the fiscal year in which they are funded and that's usually around 25 to 50 percent, depending on the scope of work and the amount of money that is being allocated to those projects. De Weerd: Several of our community partners in the past have been the Meridian Food Bank, the Boys & Girls Club, the Meridian Downtown Business Association, I'm unsure if they have qualified projects. Caleb or Brian would -- would be more aware of it. But even going and talking to the officers of the MDBA, they might have some ideas. Other service providers in that area certainly are -- Cole Community might have a project with them trying to redevelop the old McFadden -- I don't know if it's a homestead or -- and Meridian Elementary School. They are more than aware of where those -- those gaps are in safe routes to school with sidewalks and that sort of thing, because those are the -- the students that they serve. Pope: Perfect. Thank you, Madam Mayor, Members of the Council. And, again, if you do have any ideas that pop in your head or organizations that you know are doing good work or striving to meet a particular need here in the community, please, let me know and at the very least I can reach out and now where I can develop a partnership with them, if not urge them to apply for funding in this or future years. De Weerd: Well, certainly I assume that you have sat down and talked with Ashley Ford -- or Squires with MDC. Pope: Madam Mayor, yes. De Weerd: Okay. Meridian City Council Workshop March 14, 2017 Page 39 of 52 Pope: Yeah. We have a good working relationship already, so -- De Weerd: That's awesome. Pope: Well, that's all I have. De Weerd: Okay. Well, thank you so much -- Pope: Okay. De Weerd: -- Christopher. Pope: Thank you. F. Community Development: Issuing Permits Out of Order De Weerd: Okay. 7-F is also under Community Development. Hood: Madam Mayor, a couple weeks ago -- or, actually, more than that. About four weeks ago you had a request from a developer about wanting to go as far as occupants -- gaining occupancy on some lots that you had just approved preliminarily for their subdivision. We had a d iscussion about changing a condition there and Mr. Stewart and myself and I think Josh Beach was here as well -- kind of brought up some issues with that request and I believe it was Councilman Cavener said, hey, you know, we need to work with the development community, so tweaks can be made, see if we can meet them kind of part way. So this is a follow-up kind of of that discussion. It wasn't just a one-time thing either. We have seen this request two or three times over the last six months or so. So, before it gets to be too much of a trend we wanted to just kind of address you, make sure you're comfortable and understand the process and why we typically require when someone is subdividing property to see that process through before issuing building permits and/or occupancy of structures ahead of a plat. So, hopefully, you have in your packet a memo. I did -- did the intro to it, but, really, the meat of it is on the following pages as there are six different departments that came up with reasons why it's not a good idea or certainly not preferred to -- to deviate from our standard process of, again, having the recorded plat, lots and blocks, to review permits against before issuing those. One of the reasons we heard from the applicant about a month ago was that the county's backed up and it takes -- it's taking longer than usual to get through that process and while we are somewhat sympathetic with that, we would like that process to be most efficient as well. We found that when you try to make up some time it ends up in the long run, most of the time, being more problematic and causing staff, as well as the applicant builder-developer more headaches in the long run. So, if you think you're doing something and you think you're kind of catching back up on your timeline, but the process is so -- there is so many steps Meridian City Council Workshop March 14, 2017 Page 40 of 52 in the process that are so engrained on doing A, then B, then C, then D. But if you go out of order it screws everything up after that when you try to push that piece back and -- back and do that piece out of order. So, I want to just start with, first, before I get too much into this, just -- just a general process and I'm not trying to talk down to anybody, I just want to make sure everybody understands kind of the process at a very high level from preliminary plat rights , general entitlements, preliminary approval for a subdivision and , then, after that's approved by Council you submit a final plan and that's really your -- you're getting more into engineering and things shouldn't change after that. Final plan is final. It's really your moving towards, again, construction drawings, engineering drawings. That does need to be in substantial compliance with the preliminary plat, but you can make changes between a preliminary and final plat, but it generally needs to be the same. But, again, now you have invested a little bit more in engineering. I do want to just pause for a second and if you read the memo -- not everybody addressed this in their concerns, but there is a slight difference in residential versus commercial and different concerns at different levels. For residential pretty much across the board, all departments, this becomes problematic. Commercial it's as big of a problem for several reasons that I will get -- that I will get into. Multi-family is kind of a tweener. They really sort of got a commercial building, even though people are residing in it, so there are -- they can be problematic, but they generally follow a lot of -- more -- more of the commercial kind of building permit process and so kind of depending on other factors, multi-family projects, may or may not be lumped in with residential or commercial, they may be kind of their own process. But, again, generally speaking, not as much heartburn with a commercial project, because in commercial zones there aren't any setbacks. You can build across these property lines. Now, if a property line ends up showing up from a building department standpoint, there is a fire rated wall that's now necessary, but you don't have a lot of the same issues that you would with -- with residential homes. So, again, back to the process then. So, we got through our preliminary plat. We submitted a final plat to staff. Staff reviews it, compares it side by side with the preliminary says, yeah, this is generally consistent. At that same time they get -- they submit -- developers submit to the city their engineering drawings and so that gets put in a queue for review pending City Council approval with those utility plans. And, then, the Council, obviously, you all review it, approximately two weeks later and approve those 90 percent of the time, unless there is a continuation asked for. The next kind of step in the process is them to do some stuff in order to grant the city engineer's signature on the plat. So, if you're not real familiar with subdivisions, there is a -- there is either a signature page that has a bunch of different spaces of that a whole bunch of different people need to sign and the city engineer is one of them. This is, again, kind of a check for us to say have they -- have they done these things and , if not, you can bond for some things. You can put up a surety to ensure that those things get put in at a certain date. You can kind of buy that -- that stamp or the signature of the city engineer to move on to the next phase get -- start to go through the county surveyor's process and, then, eventually recording it. The reason that recording, then, is Meridian City Council Workshop March 14, 2017 Page 41 of 52 important is, again, now we have got legal lots and blocks to convey property. If we don't go through that subdivision process now it's a metes and bounds description that may or may not match up the lot and block description that's recorded later on and if you issue a building permit based on -- who knows where our best guess is at where a property line will be, that can bite you and I will go into that a little bit more as, again, that was a pretty consistent concern from staff. If we don't know where our lot lines are, how are we supposed do our plan review? It's just a building in the middle of nowhere and it's pretty much -- there is some standards from all departments that are based on separation from a property line. And, then, again, once those parcels are created we go through the addressing process and, then, again, you could obtain building permits provided that water and sewer are in. Now, it's -- come back. If you bonded for those things, they really need to be in now. So, you're caught back up and say, hey, we -- you got to have pressure tests to make sure that we have got fire flows out there for a construct -- constructible materials, woods and stuff, that are bringing -- brought on site. And, then, finally, occupancy in that process. So, they got their building permit and they want final occupancy. So, yes, that's a rush through the entire process, but that's basically, beginning to end, how the subdivision process works. I want to just run through a couple of slides real quick. So, this is city code that we have -- essentially, has been requested to amend through conditions. But first I just want to go with -- with the city code. So, I apologize. I try not to read PowerPoint slides, but A is the city may withhold permits on land being developed or subdivided or structures constructed thereon if the improvements required under this title have not been constructed or installed or if such improvements are not functioning properly. So, that's right there in city code. We need to make sure there is life safety reasons. If you haven't put the things in that are needed to ensure public health, safety, welfare, we can withhold permits. B goes on to say all improvements related to those public life safety and health shall be completed prior to occupancy of the structure and the reason I have that in red -- I think this is maybe where some of the confusion is coming in. So, that's -- that's just a stand-alone sentence, but it's grouped in this B section with the next sentence that says where or when approved by the city engineer an owner my post a performance surety for such improvements in order to obtain city engineer's signature on the final plat. So, the first sentence talks about occupancy of a structure . The second one talks about signature on the final plat. So, the process I just walked you through, this is backwards. We are talking about occupancy of structures and, then, we start to talk about signature on a final plan? So, I think what Warren and I were talking about a little bit is we need to kind of clean this up. It will eventually be the same language. We will put it more of an order, though, that makes more sense, because this is kind of misleading to say, hey, you can bond for the things above to get the city engineer's signature and occupancy. It's all right there. So, I think it just has to do with the way that this is formatted and that's not the intention. It's not that Warren has the ability to say, you know what, it doesn't matter, fire department, if I -- I like this project, I'm going to allow them to go ahead and start constructible materials, even though there is not a road and road signs and all Meridian City Council Workshop March 14, 2017 Page 42 of 52 those things. Now, all improvements related to public life safety -- they need to be completed at a certain point in time. So, I just want -- I highlighted those a little bit differently to say that's -- it's not a material change, but I think it will help. We could maybe even potentially just move that to the end of this section where it talks about how you calculate the surety and, then, make it clear, okay, you can bond for these things at plat signature, but when it comes to occupancy, they need be done and we will give you your surety monies back. And, then, C goes on to say in the event that an applicant or owner cannot complete the non-life, non-safety, non-health improvements -- again, so now we are in a different category. Non-life, non-safety, not-health improvements, landscaping, PI, fencing -- put the money up. It's wintertime, you can't dig, you know, holes for your posts for your fence. Provide a surety. We can move you through the process. We aren't getting -- you have to wait until spring, provide money for those things. You can keep moving through that process, but that's, again, for the non-life, non-safety issues. We can't compromise having drivable roads for the fire trucks to get onto and street signs on top of them, so they know what roads they are actually are on and those aren't -- the street names aren't created until -- again, we go back to the process. The county records the subdivision and those parcels are -- De Weerd: Well -- and, unfortunately, they are not then seen in GIS and so, then, you have a safety call where police or fire need to respond to and you don't have streets. They don't show up. Hood: And, Madam Mayor, just to piggyback that, since you brought it up, and addressing concerns with Terri Ricks. That's when she really goes in the addressing, which is coordinated with dispatch and -- and fire and the roads in GIS and parcel numbers and addresses. That's when start -- things start to show up. So, again, it can be death by a thousand cuts if you do things out of order. Yeah, it seems easy enough to go ahead and issue a couple of permits, but if there is an accident there, there is no way to tell them how to get there. The address could be off a major arterial and you don't know where this is at. So, that's -- that's the code side of things, so that's, again, how it is there and I do think, again, we can assist in this and I know Warren -- he said before this meeting that he's had recent conversations with Mr. Tate, who was the most recent one to ask for a deviation from the process to come back in in the near future and we can kind of run through some of these things with him and maybe other tweets, but this is one we have talked about potentially making. So, I wanted to just show you, then, what the standard conditions are that we have now pertaining to this. So, these -- these are based on the code I just read you. So, the 100 series or the one series are the planning department's conditions, so 1.4.2 is a planning condition and, then, the two series are Public Works conditions and, again, they are in alignment with -- it just says you need to complete, again, public life safety as set forth in the code I just read to you. You can post surety for other improvements. So, fencing, landscaping, those types of things you can post a surety for. But this is, again, pretty standard. We don't Meridian City Council Workshop March 14, 2017 Page 43 of 52 modify this very often. This shows up in a hundred percent of staff reports. The other thing working with Bruce Freckleton on -- so, Condition 2.2.9 you see you have struck through fencing installed. Again, that -- so, it was reading with the fencing installed there, but fencing isn't a life safety thing. So, working with him the standard condition has since been modified to really call out, again, street signs, sewer and water systems, drainage lots, road base. The life safety things. Fencing shouldn't have ever been in there and I don't know how it got there in the first place, quite honestly. But, again, now we are talking about life safety things need to be there before applying for building permits. Fencing -- you don't have to have fencing installed to apply for a building permit. And, then, 2.2.1, again, you can put up a surety for fen cing, landscaping amenities, and, then, 2.2.1 -- all of the development improvements need to be installed prior to occupancy. So, again, we have just a few steps in that process where we have some carrots and some sticks, but if we, you know, go all the way to the very end, quite honestly sometimes people don't even ask for occupancy. We have businesses here that don't have occupancy; right? I mean they just don't even go through that process. So, if we go ahead and issue permits, what's the guarantee they are even going to ask us for a final inspection so they can get occupancy? They may not care about occupancy. But this -- this -- our process kind of protects us a little bit from that in making sure that we have, again, legal lots and blocks to build on, that the buildings are constructed to meet setbacks -- maybe I will just go into a summary here in just one more second. So, I will just leave this up on the screen as I kind of run through a summary of the general themes that I heard from folks that are in the memo. These are the recent requests. So, one was from one of the Hill Century Farms projects, their commercial project, is change one and, then, change two was the one that was recently requested by Mr. Tate. Oh. And change one was approved by the Planning and Zoning Commission. Change two you didn't -- you didn't approve most recently. So, again, general -- general themes. Probably the biggest one is we need lot lines or property lines to do a review. Most all departments have to have something to review a structure against and that's a property line . So, if the property line doesn't exist, at least a portion of the plan review can't be performed. For planning, because that's, obviously, what I'm most familiar with, setbacks and easements, those are the things we are looking for. Is the structure you're proposing to build on this parcel, outside of any easement -- easements and meet all of the setbacks. We don't know for sure where that property line is going to go. I can't guarantee you that it's going to conform to that. We have had instances where a property line or a pin is placed incorrectly for foundations poured in the wrong spot. We can correct it, but now, again, we thought we were trying to save some time and all of a sudden they're back for a variance for a setback that doesn't work or they are vacating an easement. Well, that's another six month process. Or they are doing a property boundary adjustment with their neighbor to move it over a foot, because we put it -- so, we can correct these things, but, again, if the goal is to get -- accelerate things, a lot of times it ends up costing more time and resources to correct these things in the long run. So, again, pretty much everybody needs property lines to do a comprehensive review. There could be a convenience Meridian City Council Workshop March 14, 2017 Page 44 of 52 issue, again, too. You could potentially buy or sell something -- if it's done by metes and bounds and, then, the lot lines with the plat record in a different location, yet you have conveyed the property to somebody. Again, you could clean those things up, but you have to have willing buyers and sellers and it could get ugly if you -- the survey was wrong and that's the deed , now is a metes and bounds description that a lot gets plopped over the top of that and it doesn't exactly match up. For single-family projects, without separate properties, technically we would be issuing multi-family, multiple dwellings on one parcel. So, technically, my planning hat on, I shouldn't be issuing two single family homes on one parcel. That, by definition, multiple-family. So, our zoning code, then, is being violated if we do this ahead of having lots and blocks or at least parcels that are legitimate parcels to build on. It's not the end of the world and some semantics there, but at the same time if the plat never records we can have a bunch of dwelling units that are on one property. Addressing, again, we kind of touched on that. Addressing -- and that really feeds into our -- that database, not only for fire, but our Accella database, that really triggers everything. Now all of a sudden a bunch of parcels are created and populated in Accella and until that point in time it doesn't mean anything to anybody. It's not a -- it's not a legitimate parcel to do anything until it shows up in Accella -- really we can't -- that's what creates the record is giving it a new parcel number. That parcel number comes from the county at recreation and we already talked about the trickle-down effect. Terri did mention that they can do temporary or interim addressing and she's willing to do that, but there is some concerns and it causes confusion. Oh, I was this and now you're telling me my address is that and I pulled a permit under this address and now we are filing under that address -- again, it's not the end of the world, but it's not the most efficient and can be confusing for both sides of that, to the applicant builder and -- and the city when trying do those things. Again, life safety concerns. It also can be an issue for amenities. We have actually had the request to occupy homes ahead of having some landscaping in or their fencing in and things and it's like, well, what guarantee do we have that if we -- if people are moving in and they are occupying, our general rule is to try to not kick people out of their homes and you don't look very good if you're like, well, we got to kick you out because the developer didn't put in the tot lot that they promised us they would put in when the weather turned nice. So, again, occupancy is kind of our last resort and we understand, people will promise things, we want to get them into -- and I will just be honest, we do it sometimes, but we don't like to do it out of order, because it puts us at risk. And, again, just some -- an overarching thing. We have done it in the past. It's typically more of a headache than it gains anyone anything, so -- and, then, finally, again, commercial is not as critical out of order as a residential, although, again, anything that's not -- we are not just hardheaded. I mean we are used to our process, but it's for legitimate reasons I think we have a process, because it's -- it helps everybody in a process and -- and we want to help it move as smoothly as possible, too. We just don't think issuing permits out of order is the best way to maybe pick -- pick up some of the time they may be delayed at the county. Maybe it's us sending a letter to the county saying, hey, can you staff Meridian City Council Workshop March 14, 2017 Page 45 of 52 up or something that -- you know, we are hearing from our developers that it's taking two more months to get a plat recorded. You know, what's going on here. We are trying to help them. But, you know, we are taking on -- the burden on, but -- anyways, with that, Madam Mayor -- and I know we have got a few folks here, so I kind of raise my hand to volunteer to kind of present, but this isn't just a planning issue, again, it spans multiple departments and I -- with your permission, Mayor, I would -- I saw Warren reach for his mike. But Bruce and Sam are also here and if you have anything to add I would -- De Weerd: I think he really drove the point home. Don't do it. Warren? Stewart: Madam Mayor, I just wanted to -- I think he did a great job. I wanted to comment briefly on something that Caleb had said and that is that, you know, multi-family homes are sort of their own little animal. They don't really fit neatly into the commercial development world, because they are ultimately residential in nature, but they are multi-family. So, I would just reiterate that we had a particular situation here just in the last year where we had a multi-family home development where we relented to the request to allow building permits ahead of all the life safety issues -- more or less the sewer system was undersized and we said, okay, you can't build this development until your sewer system is redone and they came back and said, well, can we build just a part of it and, then, we will build the rest -- the rest of it before we go on and we said, all right, you can build, you know your clubhouse and a couple of buildings and so they started that and , of course, when they got their clubhouse and two buildings done they came back and said our framers are going to leave the site and we will lose them for a year, can we, please, just get started on the rest of them and we said, okay, but you cannot market them, because we don't want residents, you know, being told that they can move into these houses until we are positive you got your sewer system up and running. Well, we thought we covered our bases. It did not work. And they marketed them and people were calling the city saying I'm out of my old apartment, I need to move into this one, but the sewer system was not ready. De Weerd: They were calling the Mayor. Stewart: Yeah. And they were pressuring the city to, you know, hurry up and approve a sewer system that was not complete . So, this is the kind of thing that we get into and, unfortunately, it wasn't the developer who really got hurt, it's this poor guy who thought he had an apartment that he could move into that he didn't and that's what we are trying to avoid by not allowing these things to get out of sequence. De Weerd: That was a great example. No one told the marketing person that there was that kind of arrangement. So, Council, is this the kind of information you were hoping to -- to have brought back? Any concerns or desires to make changes? I think there were a couple of ideas put out there of how we could clean it up a little bit. Any comments, questions? Meridian City Council Workshop March 14, 2017 Page 46 of 52 Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Can you go back one slide? How -- I see the problem with the green text, that it implies a definition of such improvements includes life safety and it invites the problem you're describing. How quickly can that change be made to clarify that and reorder it? Because the way it reads right now there is a discretionary authority to do what you don't want to be able to be done. Hood: Madam Mayor, Councilman Borton, just looking at the green it is actually okay for applicants to post a surety to obtain the city engineer's signature. So, really, the text is fine as is. It is -- it is something we allow. What we don't want is posting a surety in lieu of the red text above it. Borton: And that's -- Madam Mayor? That's my point. Hood: Yeah. Borton: That says -- it is in lieu of the red text above it. I think the phrase such improvements -- such is the defining term of the improvements listed above. Hood: And that's -- the others are -- are interpreting it that way, when it really -- Borton: Yeah. Hood: Yes. And we are talking about really signature on the final plat, thoug h, and the other one is talking about occupancy of structures and that's the difference here is we are -- it's out of sequence and the wording it -- it's kind of -- yes, it's a perfect storm here where you got some bad wording, as well as out of sequence, and it's -- De Weerd: So, he's asking what is the process I would imagine to bring it back -- Bird: In order. De Weerd: -- in order -- bring back the suggested change and this is a city ordinance, so you'd have to have a public hearing. Nary: Madam Mayor, Members of the Council, the answer to the question it has to go through the Planning and Zoning Commission first. So, yeah, they can begin that process to reword it. We will work with the planning staff on reorganizing that and, then, we will put it on a future agenda for Planning and Zoning for their input and, then, it will come back to you. Meridian City Council Workshop March 14, 2017 Page 47 of 52 Hood: Madam Mayor, if I can, I'm not going to call this an emergency, but if we are looking to expedite this to some degree, typically and over the last three year or four UDC texting changes we have had, if we have a work group and we vet that through them. We could kind of scale that back, but I feel that we still need to be transparent with them and, then -- but, you know, let them know what's going on here. I guess that my question or my request is can we do an abbreviated workgroup? I don't want to take the time to necessarily coordinate calendars and have a meeting. It would just be an electronic with the BCA type of folks and say, listen, guys, we need to -- but this is an issue that they are bringing before you. So, I want to make sure that -- I appreciate the urgency, but, typically, something like this does take some time and we need to explain to them what we are -- De Weerd: I think, Caleb, in practice this is -- this is semantics. Your practice has been what you're saying that this text doesn't really -- because of the order doesn't support, so the practice isn't changing, you just need to do a cleanup on the wording. Hood: I just wanted your blessing, Madam Mayor, on that -- kind of bypassing that typical process for any UDC change. That's -- that's really all I'm -- De Weerd: Does Council see an issue with that? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: What I hear you saying is not necessarily short track that process, but perhaps a declaration from Council that pending that review should another request come before us, we are more sensitive to the concerns raised by staff and it probably won't be a successful request and that -- and that -- the development community can be made known if you wanted to try this going forward until this change has been made, you're probably not going to be successful. At least no one is caught off guard. Hood: Yeah. Madam Mayor, Councilman Borton, we can certainly relay that -- that message and I think we have been fairly consistent in that thing from staff's standpoint. We have -- we haven't ever recommended to you those changes that you saw. I mean that's something that, again, across the board we don't support. Yeah. And, again, I could argue that the code really isn't intended to do that anyways. But, again, it's more the process to get it cleaned up. I think we will just e-mail it out to our UDC workers and say, hey, we are moving forward with something scheduled for Planning and Zoning Commission meeting and, then, a City Council meeting and get it cleaned up and, hopefully, we don't see any of these in the next couple three months, the time it would take us to get back on your agenda. Meridian City Council Workshop March 14, 2017 Page 48 of 52 De Weerd: I think this discussion on the public record is -- is some fall back that -- that with Council agreement on -- to continue the practice that there is just a cleanup necessary and the language, she could do that kind of -- of support. Hood: Thank you. De Weerd: Any other questions, comments? Okay. Thank you. Hood: Thank you. G. Human Resources: Merit Roadshow for FY2018 Budget De Weerd: 7-G. Ritchie: All right. Madam Mayor, Members of Council, thank you so much for having us this evening. As you know, this is our second year coming before you in regards to the upcoming budgetary process where Human Resources and Finance are presenting what we have coined as the annual roadshow. And I think Todd coined that for us. So, thank you, Todd. So, tonight -- or this afternoon what I'd like to cover with you is just an overview of the March presentation. Tonight we are going to focus on the city's compensation plan, our compensation policy, the factors of the compensation plan. A little bit about our salary administration guidelines. The FY-18 initial projections and projected costs. We are going to wrap up by providing you some reminders and, then, we are going to stand for questions. So, over the course of the month between human resources and finance, we are coming in front of you with a lot of different information. The topics of the information do have significant budgetary impacts and we come before you with this as an opportunity to share information with you that you can process and think about and ask us any additional questions that you have as we move through the budget p rocess. And, then, Todd and will be back in front of you at the end of the month for your guidance and direction. So, this will look familiar. This is the high level overview of everything that we are covering with you during the month of March. Last week we had Christena Barney from the human resources department share with you an update regarding healthcare benefits. Tonight we are going to focus on the city's compensation plan. Next week Todd will be in front of you to discuss the allowable three percent property tax projections and, then, Todd and I will be back with you at the end of the month for your guidance and direction. So, let's talk a little bit about our compensation plan. As you know we do have a compensation plan. I shared with you last year that this plan was developed and approved by the Council in fiscal year 2013. Once it was approved by the Council we implemented and communicated the plan -- excuse me -- we implemented the plan and communicated it to city staff in 2014. The plan guideline does incorporate a market adjustment analysis on a two to three year review and if you may recall last year we did have a market analysis that was Meridian City Council Workshop March 14, 2017 Page 49 of 52 recommended and approved by Council for FY-17. We are guided through our compensation plan with our compensation policy and procedure 3.4.2 and the purpose of that compensation policy is two things. One to ensure that we do have a program in place and that that program is periodically reviewed . A high- level overview of that policy states that Human Resources and the Finance Department together will review the compensation program for effectiveness and budgetary compliance and that the program will be updated as needed to meet internal equity and external competitiveness. So, here's a snapshot of the planned activities and the current activities that we have in progress as it r elates to our compensation plan. So, you will see there for the fire union that we have a salary study that is scheduled to be conducted in FY-18. We plan on starting that this October and rapping it up in February of next year in preparation for the union negotiations. For the general employees we currently have an internal alignment project or study that's currently in progress . This study is an opportunity for managers and supervisors to review, identify job descriptions for accuracy, relevancy, job skills, knowledge, abilities, certifications, et cetera, to make sure they are accurately reflecting the scope of the job that we need today and, then, we have participated in a salary study that has a municipal focus across the state of Idaho, some organizations in Washington, as well as Utah and we are expecting to receive those results back either the end of this month or the first half of April and if you move to the right you will see that we have our police STEP plan and if you recall we had a review of the STEP plan last year. We did make a recommendation for an increase to that plan. That was approved by the Council and implemented for FY-17. One of the things that we are mindful of and we are looking at the different pay plans, is that we have them on an alternating schedule. We don't have them all scheduled in the same year. We want to do that to be cost conscious, we want to do that to manage the workload, and we want to make sure that we have a consist schedule for each area of our compensation program. So, what's important here is that the city's compensation program is reviewed and adjusted as needed to ensure that the city does have the ability to attract and retain qualified applicants and also to remain market competitive and a piece of information that I wanted to share with you -- Council Member Bird was that our current retention rate that you asked for last week is here and for FY-17 to date we have a retention rate of 94.85 percent and that's regular full-time, part-time employees, which is very good. Yes. So, here are the factors of our compensation plan. You will see that this will look familiar. This is information we shared with you last year as well. So, our compensation plan is employee focused. It's fair and competitive. It's fiscally responsible. It provides budgetary predictability. And it allows us to attract and retain the very best. We also have another policy that is a part of our compensation program and that is our performance increases to salary. Also known as merit increases. This is policy number 3.4.3 as you may recall we do have a paid -- we are a pay-for- performance organization and we have been for a little over 13 years now. So, the purpose of this policy is to identify the manner in which employees could receive a merit or a wage increase based on their performance on an annual basis. A high level overview of the policy is that we are a pay-for-performance Meridian City Council Workshop March 14, 2017 Page 50 of 52 organization and that compensation program is in place on a merit basis for non- represented positions. Each year we come before you, Mayor and Council, with a recommendation for a merit and/or market increase that you may approve based on the recommendations that we provide to you each year. Increases to individuals are based on the outcome of their individual performance for that fiscal year. HR's effort to support our performance management program is to provide annual performance management training to all levels of the organization. In additions to that, Human Resources does read or review each of the performance evaluations that come through our office to ensure that they do have the proper justifications for their ratings. It's important here for us to recognize that all of our employees' increases are earned by our employees. They are not just given by management. So, we also have a pay philosophy here at the city. We do desire to be an employer of choice here in the Treasure Valley. To do so we must pay our employees fairly and as competitively as possible to attract and retain the very best. In addition to that, our city has a pay- for-performance philosophy that's primarily based on a merit program , but it can be augmented as determined with market adjustments. We -- here at the city we know we need the very best of employees and we know that we have them . So, one of the questions we often get in Human Resources is how does this work. So, it's really broken down to a four-step process and that process is teamwork and partnership between the departments, Human Resources, and the Finance Department. But at its core, if you see under Step 3 in bold print, an employee's increase is based on their current wage, where their current wage falls in their assigned salary range and their overall performance rating for that fiscal year. We also have established salary administration guidelines to support our compensation program. Those guidelines insure that this is -- that we remain competitive -- we administer competitiveness, appropriateness, and consistency in the application of our salary program. The guidelines also help us to set employee wages. It provides us a method of revising pay structures when appropriate. And it also helps us manage employee movement through the ranging. These guidelines exist to help us make appropriate and consistent decisions on how salaries are administered across the city. So, let's take a look at our FY-18 initial projections. So, I come before you today with a placeholder for the budget process of two to four percent. I will come back as the budget process continues with a more formalized recommendation . That recommendation will either be one for merit only, market only, or a combination of both. In order to gather that formalized recommendation we will be pulling local and state data. That data is generally available towards the end of June -- excuse me -- end of May, beginning of June. The national data that we pull is generally not available until the month of June. The data that we utilize includes salary surveys -- excuse me -- market surveys, comparative data and economic indicators. We will continue to monitor this information and come back before you here in a few months with a more specific and formalized recommendation as that data becomes available and I'm going to turn it over to Todd to talk about projecting costs. Meridian City Council Workshop March 14, 2017 Page 51 of 52 Lavoie: Thank you, Crystal. Madam Mayor, Members of the Council, what this slide shows you is the mathematical projections for the fiscal year 2018 merit increase from two to four percent as was presented on the prior slide. Right now we are looking at a two to four percent possible consideration. So, the formation that you have here shows you what the total admin costs for -- let's just say the three percent highlighted number, just for ease of reference. We are projecting a little over 69,000 dollars if the city were to provide a three percent merit to the administration division and if you follow the numbers down, the mathematical calculations are still applied to same way. Parks be a little over 50,000. Enterprise Fund -- total Enterprise Fund a little over 254. And, then, right now we are projecting if we were to apply a three percent, the citywide total would be 486,000 dollars as an estimate. Again, these are projections if we were to move with the three percent calculation. Now, what you don't see on here are a couple of fixed increases that have already occurred or that will occur in 2018 . We have the Fire Department union contract that automatically increases their salaries. So, we call that a cost of doing business and you also have the police STEP plan that has a fixed increase as well. So, those two items are not depicted on this particular slide we will give you that information with your fiscal year '18 budget documents. But those two values, which are a cost of doing business, are about 200,000 dollars. So, 200,000 dollars will already be included in your fiscal '18 cost of doing business. So, if you add 200,000 dollars on top of let's say the three percent value, you're sitting at roughly 800,000 dollars there and, then, what you also do not see is what's called the market adjustment for the police STEP plan. As Crystal stated, the Police Department received their STEP adjustment last -- or this fiscal year. This fiscal '18 following the process you will not see an adjustment unless otherwise directed. So, the next adjustment for the police STEP plan would be in fiscal '19. On average we are looking at about 500 and 600 thousand dollars for each of the adjustments. So, if you annualize that over two years add another 250,000 dollars to that. So, if you start adding up all those numbers, 486, plus the 200 for the union STEP plan, plus the police STEP plan, you can see you're getting close to a million. So, the number is 486 right now. I showed you a number six months ago on a projected three percent of wages would be about 800. So, if you're trying to correlate the two that's the reason they don't add up, because you have 486, the 200 is already embedded in the next fiscal year the market adjustment for police. So, again, I just wanted to go over how the mathematics works on this . What we are looking at for projections for fiscal year 2018 between the two and four percent range. Again, over the next few weeks, please, stop by, ask questions. Crystal and I will be here -- be there for you to answer any questions on where we believe the end number will end up. Again, today's information -- today's presentation was information purposes only. Next week will be the third part of the budget roadshow. I will be presenting the property tax discussion. So, again, all this information is informational purposes. We will be back here, as Crystal stated, on the 28th of March for guidance. We will be proposing some values for your consideration, so that the Mayor can develop a budget proposal for your -- for her submission to you at the end -- beginning of May. So, again, all this information Meridian City Council Workshop March 14, 2017 Page 52 of 52 is adjustable up until July 19th. That's our final workshop. Nothing is set in stone until -- I guess until that day. But, again, all informational slides. Crystal and I are here for you to answer any questions between now and then and with that we stand for any questions. De Weerd: Council, any questions? Bird: I have none. De Weerd: Thank you. Crystal: I would ask Christena to step up and just provide you a handout of what we have presented to you this evening. Thank you. Item 8: Future Meeting Topics De Weerd: Okay. Council, anything under Item 8? We do have some upcoming events. Of course today is election day on the West Ada supplemental plant facilities levy. The Meridian police fundraiser -- the employee association, the fundraiser is Thursday, March 16th at -- yeah. I don't think we will see you at 6:30 a.m. You certainly won't see me. But it goes until 10 p.m. that evening at Chick-fil-A. Luck of the Irish casino night is Saturday, March 18th. It's from 6:30 to 11:00 at Center at the Park. And MYAC next Monday has Mad City Money and it starts at 6:00. We are looking for volunteers. So, if you'd like to volunteer to be one of the people that try and -- and get those students in debt, we -- we need -- some -- some people who are very influential and convincing to -- to help them experience the real world of finances. So, if there isn't anything further, Council, I would entertain a motion to adjourn. Bird: So moved. Cavener: Second. De Weerd: All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. MEETING ADJOURNED AT 8:51 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) _______________________________ ______/______/______ MAYOR TAMMY DE WEERD DATE APPROVED ATTEST: _____________________________________ C. JAY COLES, CITY CLERK Meridian City Council Workshop March 14, 2017 Page 52 of 52 is adjustable up until July 19th. That's our final workshop. Nothing is set in stone until -- I guess until that day. But, again, all informational slides. Crystal and I are here for you to answer any questions between now and then and with that we stand for any questions. De Weerd: Council, any questions? Bird: I have none. De Weerd: Thank you. Crystal: I would ask Christena to step up and just provide you a handout of what we have presented to you this evening. Thank you. Item 8: Future Meeting Topics De Weerd: Okay. Council, anything under Item 8? We do have some upcoming events. Of course today is election day on the West Ada supplemental plant facilities levy. The Meridian police fundraiser -- the employee association, the fundraiser is Thursday, March 16th at -- yeah. I don't think we will see you at 6:30 a.m. You certainly won't see me. But it goes until 10 p.m. that evening at Chick-fil-A. Luck of the Irish casino night is Saturday, March 18th. It's from 6:30 to 11:00 at Center at the Park. And MYAC next Monday has Mad City Money and it starts at 6:00. We are looking for volunteers. So, if you'd like to volunteer to be one of the people that try and -- and get those students in debt, we -- we need -- some -- some people who are very influential and convincing to -- to help them experience the real world of finances. So, if there isn't anything further, Council, I would entertain a motion to adjourn. Bird: So moved. Cavener: Second. De Weerd: All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. MEETING ADJOURNED AT 8:51 P.M. (AUDIO G ON FILE OF THESE PROCEEDINGS) 30/7 MAYOR T MY DE WEERD DATE APPROVED ATTE C. JA's CODS, CITY CLERK Q�pORA �G '(� I � W I S�4 / Meridian City Council Meeting DATE: March 14, 2017 ITEM NUMBER: 4A PROJECT NUMBER: ITEM TITLE: Minutes of February 28 Approve Minutes of February 28, 2017 City Council Regular Meeting MEETING NOTES u' APPROVED 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 February 28, 2017 Page 48 of 49 Bird: I move we go into Executive Session as per Idaho State Code 74-206(a). Borton: Second. De Weerd: I have a motion and a second to adjourn into Executive Session. Mr. Clerk, will you call roll. Roll Call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea. De Weerd: All ayes. MOTION CARRIED: ALL AYES. EXECUTIVE SESSION: (8:07 p.m to 9:04 p.m.) De Weerd: I would entertain a motion to come out. Bird: So moved. Borton: Second. De Weerd: All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. De Weerd: Do I have a motion to adjourn? Bird: So moved. Borton: Second. De Weerd: All those in favor. MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 8:07 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) �r x..17 MAYOR TAMMY de WEERD DATE APPROVED ATTEST. Meridian City Council February 28, 2017 Page 49 of 49 (i, � co 1,4 w C. JA OLE CITY CLERK s�A `�l'O,N° Meridian City Council Meeting DATE: March 14, 2017 ITEM NUMBER: 4B PROJECT NUMBER: ITEM TITLE: Street Light Maintenance Agreement Approval of Street Light Maintenance Agreement for Knightsbridge Subdivision MEETING NOTES F1 APPROVED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS (::rE IDIANIZ.,:--- DAMf TO: Mayor Tammy de Weerd Members of the City Council FROM: Garrick Nelson, Staff Engineer DATE: February 28, 2017 Mayor Tammy de Weerd City Council Members: Keith Bird Joe Borton Luke Cavener Genesis Milam Ty Palmer Anne Little Roberts SUBJECT: APPROVAL OF STREET LIGHT MAINTENANCE AGREEMENT FOR KNIGHTSBRIDGE SUBDIVISION. I. RECOMMENDED ACTION A. Move to: 1. Approve the street light agreement with MM&T Holdings Limited Liability Company (LLC) for decorative lighting in Knightsbridge Subdivision 2. Authorize the Mayor to sign the agreement II. DEPARTMENT CONTACT PERSONS Garrick Nelson, Staff Engineer 489-0358 Warren Stewart, PW Engineering Manager 489-0350 Dale Bolthouse, Interim Director of Public Works 489-0372 III. DESCRIPTION A. Background Knightsbridge Subdivision is located north of Victory Road and east of Eagle Road. In lieu of installing standard shoebox fixtures on local streets, the developer plans to install 4 non-standard decorative street lights. Data has been provided to show that these lights emit a sufficient amount of light, and they will be installed according to the "Department of Public Works Improvement Standards for Street Lighting." This agreement provides for maintenance of the decorative street lights by the Homeowners Association with electrical costs to be paid by the City. Page 1 of 2 IV. IMPACT A. Strategic Impact: This agreement with MM&T Holdings LLC protects the City from the higher cost of maintaining decorative street lights while providing flexibility to the developer. These benefits further the goal of the Public Works Department to increase street lighting in Meridian in a fiscally responsible manner. B. Service/Delivery Impact: This agreement provides for the installation of 4 new street lights. Although these street lights are not standard City lights, the pole spacing has been verified to ensure lighting levels are comparable. C. Fiscal Impact: The annual electrical cost to the City for the 4 decorative street lights is approximately $340 or $85 per light. The FY17 budget for street lighting electricity is $320,000 and takes into account the projected increase in the number of street lights from new development. V. ALTERNATIVES Council may choose not to approve the agreement and require the developer to install the City's standard street lights. This would result in the City being responsible for maintenance costs in the future. VI. TIME CONSTRAINTS Council's approval will allow the developer to satisfy the street lighting conditions of the development agreement and City code. A street light agreement must be in place before certificates of occupancy will be issued. VII. LIST OF ATTACHMENTS A. Street Light Agreement Department Approval: Page 2 of 2 Date ADA COUNTY RECORDER Christopher D. Rich 2017-022339 BOISE IDAHO Pgs=4 BONNIE OBERBILLIG 03/16/2017 11:05 AM CITY OF MERIDIAN, IDAHO NO FEE STREET LIGHT M.9XIVTENANCE AGREEMENT KNIGHTSBP"GE SUBDIVISION This STREET LIGHT MAINTENANCE AGREEMENT ("Agreement") is made and entered. into this-� day of 2e- 20X'1("Effective Date'), by and between the .City of Meridian,.a municipal corporation organized under the laws of the State of Idaho ("City"), whose address is 33 E. Broadway Ave., Meridian, Idaho, 83642, and MM&T Holdings LLC an Idaho Limited Liability Company ("Developer"), whose address is 10248 Turner Drive Middleton, ID 83644. WHEIMAS, pursuant to Meridian City Code section 11 -3A -21(B), the City generally maintains only shoebox- and cobrahead-style streetlights, and requires that decorative street lights be maintained by the developer or homeowners association under a maintenance agreement duly executed. with City; WHEREAS, Knightsbridge. Subdivision is a residential subdivision within the City of Meridian, County of Ada, State of Idaho with four (4) speoiaf-order, decorative street lights, installed by Developer to satisfy in part, the. City of Meridian requirements for street lighting; and NOW, THEREFORE, for the exchange of good and valuable consideration, the receipt of which .is hereby acknowledged, the parties agree as follows; 1V(ENTS A. City's commitments, From the Effective Date of this Agreement forward, City shall be responsible for paying Idaho Power Company for the provision of electricity required to operate the, four (4) decorative street lights located in the Knightsbridge Subdivision, as identified in Note #2 on the Street Light Plan, attached hereto as exhibit A and incorporated herein. It is agreed that City will enter into a Schedule 41 C .Agreement with .Idaho Power Company. Developer acknowledges that street lighting served under the Schedule 41C Agreement trust be controlled by a photo electric device of the "fail off' type. A, Developer's commitments. From the Effective Date of this Agreement forward, Developer shall be responsible for: 1. Maintenance and/or Replacement, as needed to ensure functionality, of fuses, wiring, bulbs, ballasts, or photoelectric cells in the four (4) decorative streetlights located in the Knightsbridge Subdivision, as identified in Note #2 on the Street Light Plan, attached hereto as Exhibit A and incorporated herein. 2. Replacement and/or repair, as needed due to damage, deterioration, or loss, of the four (4) decorative street lights located in the Knightsbridge Subdivision residential subdivision, as identified in Note #2 on the Street Light Plan, attached hereto as exhibit A and incorporated herein, and any component or appurtenance thereof. 11I. GENERAL PROVISIONS. A. Time is of the essence. Developer acknowledges that commitments made under this Agreement shall be performed in a timely manner. The Parties acknowledge and agree that time is strictly of the essence with respect to this Agreement, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. B. Heirs and assigns. It is understood and agreed that Developer will assign its rights and obligations under this Agreement to the Knightsbridge Subdivision home or property owners association when said such organization is formed. This Agreement and each and all of the terms and conditions hereof shall apply to and are binding on Developer, City, the Knightsbridge Subdivision home- or property owners association, and these parties' respective heirs, successors and assigns. C. Entire agreement. This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral or written, whether previous to the execution hereof or contemporaneous herewith. SIGNATURES ON FOLLOWING PAGE STREET LIGHT AGREEMENT; Knightsbridge Subdivision PAGE 2 of 4 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this i day of r�, Q rC%� 2017. MM&T Holdings LLC BX Dave W�Iurner, Member ASHLEY DOAUSTIN Notary Public State of Idaho CITY off" RIDA N: STATE OF IDAHO ) ss: County ofAM M_ ) I HERI,BY CEitTIF'Y that on this day of ff A , 2017, before the undersigned, a Notary Public in the State of Idaho, personally appeared David W, Turner, identified to me to be a member of the limited liability company that executed the instrument on behalf of said company, and acknowledged to me that such company exeouted the same., IN WITNESS. WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this,certificate first above written, Notary Public Or Idaho ` Residing at i Qi , Idaho My Commission Expires: I Z1 BY: Attest: 1--&/r Tafnmy d i erd, Mayor Jay Cbfes, City Clerk �~ STATE OF IDAHO ) ) ss: County of_�`�) )' I H BY CF�R'I IFY that on this`t day of , 2017, before the undersigned, a Notary 060.0.6+6.. Public In the State of Idaho, personally appeared Tammy de *0 Weerd and C. Jay Coles, proven tome to be the Maypr and �•�'oTA`-',Y� City Clerk, respectively, who executed' and attested the said V� instrument, and acknowledged to me that they 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. c` l ka" bkq= Notary Public for Idaho Residing.a(TnM &- , Idaho My Commission Expires: 8 `A9 r i t)aa STRLBT LIGHT AGREEmFNT2 Knightsbridge Subdivision PAGE 3 of 4 EXHIBIT A KNIGHTSBRIDGE SUBDivisioN 21 11 �� ; I MERIDIAN, ID GENEALlGHT O ELENT PIANS STREET LIGHT AGREEMENT; Knightsbridge Subdivision PAGE 4 OF 4 Meridian City Council Meeting DATE: March 14, 2017 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Shelburne Subdivision No. 1 Shelburne Subdivision No. 1 (Easement # 1) Sanitary Sewer and Water Main Easement MEETING NOTES F1 APPROVED 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 2017-023026 BOISE IDAHO Pgs=5 BONNIE OBERBILLIG 03/17/2017 04:40 PM CITY OF MERIDIAN, IDAHO NO FEE SANITARY SEWER AND WATER MAIN CASEMENT . LLQ THIS INDENTURE, made this i � day of ti,, 20 between ShelbyIMs, the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the patty of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a sanitary sewer and water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of sanitary sewer and water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer and water mains and their allied facilities, together with their maintenance, repair and replacement at the convenience ofthe Grantee, with the free right of access to such facilities at any and all times, TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever, IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after malting repairs or performing, other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance, However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement, THE GRANTORS hereby covenant and agree that they will not place or allow to be placed Sanitary Sewer and Water Main Easement REV. 08/15/16 any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said casement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of-way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is apart thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written, GRANTOR.. Z� r�LhN# TI - 4 �c JAddreSP/ STATE OF IDAHO ) ) ss County of Ada ) On this X13 day of Public in and for said Stf -Seavtary, respectively, of the corporation that executed 1 acknowledged to me that such corporation, executed the same. S WHEREOF, I have hereunto set my hand and affixed my official seal the day above written. �....-- 0 -9000*01- Sanitary Sewot and water Nkfrstffifito o OTARY PUBLIC FOR IDA O Residing at; Commission Expires; REV. 08/15/16 GRANTEE; CITY OF MERIDIAN Coles, City Clerk Approved By City Council On; L/ 1 l f X STATE OF IDAHO, ) ss, County of Ada ) On this1�i h day of M C1, �'C�l , 20) �, before me, the undersigned, a Notary Public in and for said State, personally appeared 'Tammy do W eerd and C,Jay Coles, known to me to be the Mayor and City Cleric, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written, •rrrrrrrr� .• E �. r � w `•9� OF 1�4'�+••• `••rurrr•• . '. �•,�irtf Off .r ••• Yry 40 Le�N Santt��y •gewer and Water Main Easemont NOTARY PUB IC FOR IDATM Residing at; Jud LCI &P t� Commission Expires; ^o' QAZ REV, 08/9.5/16 EXHIBIT" A" Sanitary Sewer and Water Line Easement Description for CITY OF MERIDIAN UTILITY SHELBURNE SUBDIVISION NO. 1 UTILITY EASEMENT January 27, 2017 A utility easement located in Lot 1 of Zaldien Zerua Subdivision as filed in Book 81 of Plats at Pages 8,783 and 8,784, records of Ada County, Idaho and a portion of the N 112 of the SW 1/4 of Section 28, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho being more particularly described as follows: BEGINNING at the SE corner of said Lot 1; thence along the South boundary line of said Lot 1 North 89°19'15" West, 10.00 feet; thence leaving the said South boundary line North 00034'02" East, 160.90 feet; thence South 89°21'56" East, 129.88 feet; thence 31.72 feet along the arc of a non -tangent curve to the left, said curve having a radius of 51.50 feet, a central angle of 35017'19" and a long chord of 31.22 feet which bears South 15°26'10" East; thence North 89°21'56" West, 73.49 feet; thence North 00°34'02" East, 10.00 feet; thence North 89021'56" West, 45.00 feet; thence South 00034'02" West, 140.92 feet; thence North 8901915" West, 10.00 feet to the POINT OF BEGINNING. Page 1 of 1 O 10 589'21'56"E 129.88' CITY OF MERIDIAN WATER LINE EASEMENT N89'19'15"W 10.00' dV 0 POINT OF BEGINNING -SE CORNER OF LOT 1 ZALDIEN ZERUA SUB. a CURVE TABLE CURVE /�i i I N89'21'S6"W -3 N89'21'S6"W i I 51.50 73.49' I OI ( I N 35'17'19" cO I I� i BLOCK 5 � wl I �- I0 11 13 I o �1 to V) I ---1(20.0'- ---A(20 11111T/11' ,1� N89'19'15"W / 1 10,00' 0 POINT OF BEGINNING -SE CORNER OF LOT 1 ZALDIEN ZERUA SUB. a CURVE TABLE CURVE RADIUS LENGTH CHORD DIST. CHORD BRG. DELTA Cl 51.50 31.72 31.22 S15'26'10"E 35'17'19" 25 100 05 50 150 SCALE: 1 " = 50' IDAHO 1450 E. WATERTOWER ST, SUITE 130 SURVEYMERIDIAN, IDAHO 83642 (208) 846-8570 GROUP, P'C. UNE TABLE LINE LENGTH BEARING L1 10.00 NO'34'02"E EXHIBIT"$" DRAWING FOR JOB NO. 15-137 CITY OF MERIDIAN WATER EASEMENT SHEET NO. SHELBURNE SUBDIVISION NO.1 1 OF 1 LOCATED IN THE N 1/2 OF THE SW 1/4 OF SECTION 28, DWG. DATE T.3N., RJE., B.M„ AOA COUNTY, IDAHO 2/23/2017 Meridian City Council Meeting DATE: March 14, 2017 ITEM NUMBER: 4D PROJECT NUMBER: ITEM TITLE: Shelburne Subdivision No. 1 (Easement #2) Sanitary Sewer and Water Main Easement MEETING NOTES 9 APPROVED 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 2017-022340 BOISE IDAHO Pgs=5 BONNIE OBERBILLIG 03/16/2017 11:11 AM CITY OF MERIDIAN, IDAHO NO FEE SANITARY SEWER AND WATER MAIN EASEMENT Jf 1L THIS INDENTURE, made this day of M&K,6, 20 (7 between f'!d"rJv'Y S, the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second pati, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a sanitary sewer and water. main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others; and WHEREAS, It will be Necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of sanitary sewer and water mains over and across the following described property: SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer and water mains and their allied facilities, together with their maintenance, repair and replacement at the convenience ofthe Grantee, with the free right of access to such facilities at any and all times, TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever, IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after malting repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance, However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this casement, THE GRANTORS hereby covenant and agree that they will not place or allow to be placed Sanitary Sewer and Water Main Basement REV, 08/15/16 any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of-way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the Grantee that they are lawfidly seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: president. 1-;44--q4 Address See'etai STATE OF IDAHO ) ss County of Ada ) On this ' day of - 1_.201 Al ore me, the undersigned , a Notary Public in and for said Stat , personall appeared rp L ' and known or identified to me to be the President and U-Seeeretary, respectively, of the corporation that executed the within instrument, and i acknowledged to me that such corporation executed the same. S WHEREOF, I have hereunto set my hand and affixed my official seal the day above written. Gp q r OTARY PUBLIC FOR IDA O Residing at; 1 U _ , 4 0" 1GU Commission Expires: Sanitary Sewer and Water Main Easement REV. 08/15/16 GRANTEE: CITY OF MERIDIAN Tammy de W by CVay Coles, City Clerk Approved By City Council On: MW k17 STATE OF IDAHO, ) ss. County of Ada ) On thisI W' day of )v1 GrCh , 20jj, before me, the undersigned, a Notary Public in and for said State, personally appeared Tammy de Weerd and C.Jay Coles; known to me to be the Mayor and City Cleric, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same, IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. SEAL •••'F'N . '•. AUBMV 9TF OF 10 . J 1 ! 111 1 1 t tl,R.4rft+\ Sani'tPiy-§ewer and Water Main Losenient bmitLM WaJ4- - NOTARY PUBLIC FOR IDAI Residing at: `n pit (Cj(,QHS, 44tajw Commission Expires: 3 -a9 -aba a REV. 08/15/16 EXHIBIT" A" Sanitary Sewer and Water Line Easement Description for CITY OF MERIDIAN UTILITY SHELBURNE SUBDIVISION NO. 1 UTILITY EASEMENT January 27, 2017 A utility easement located in Lot 2 of Zaldien Zerua Subdivision as filed in Book 81 of Plats at Pages 8,783 and 8,784, records of Ada County, Idaho located in the N 1/2 of the SW 1/4 of Section 28, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho being more particularly described as follows: BEGINNING at the SW corner of said Lot 2; thence along the West boundary line of said Lot 2 North 00°33'52" East, 441.58 feet; thence leaving said West boundary line South 89026'08" East, 73.70 feet to the REAL POINT OF BEGINNING; thence North 00°38'04" East, 17.50 feet; thence South 89021'56" East, 69.99 feet; thence 37.27 feet along the arc of a non -tangent curve to the left, said curve having a radius of 54.00 feet, a central angle of 39032'29" and a long chord of 36.53 feet which bears South 35025'44" West; thence North 89021'56" West, 49.14 feet; thence North 00°38'04" East, 12.50 feet to the REAL POINT OF BEGINNING. Page 1 of 1 1 MA SHELB URNE S UBDI VISION NO. 9 S89'21'56"E 49.14' POINT OF COMMENCEMENT -SW CORNER OF LOT 2 ZALDIEN ZERUA SUB. JL 10 Ee E TUSA CT. CURVE TABLE CURVE RADIUS LENGTH CHORD DIST, 11 N89'26'08"W Cl S89'21'56"E 37.27 69.99 v S35'25'44"W 39'32'29" S89'21'56"E 49.14' POINT OF COMMENCEMENT -SW CORNER OF LOT 2 ZALDIEN ZERUA SUB. JL 10 Ee E TUSA CT. CURVE TABLE CURVE RADIUS LENGTH CHORD DIST, CHORD BRG. DELTA Cl 54.00 37.27 36.53 S35'25'44"W 39'32'29" LINE TABLE LINE LENGTH BEARING L1 17.50 NO'38'04"E L2 12.50 NO'38'04"E SF6 G 0. 7 729 25 100 0 5 50 150 G) TF 0 SCALE: 1 " = 50' Y G. CPQ IDAHO EXHIBIT" -P-" DRAWING FOR JOB NO, 1450 E. WATERTOWER ST. CITY OF MERIDIAN WATER EASEMENT 15-137 SUITE 130 SHEET N0. SURVEY MERIDIAN, IDAHO 83642 SH ELB U R N E SUBDIVISION N 0.1 1 208) 846-6570 GROUP, P C. LOCATED IN THE N 1/2 OF THE SW 1/4 OF SECTION 28, DWG. DATE T.3N_. RAE- B.M__ ADA COUNTY. IDAHO 2/23/2017 Meridian City Council Meeting DATE: March 14, 2017 ITEM NUMBER: 4E PROJECT NUMBER: ITEM TITLE: Shelburne Subdivision No. 1 (Easement #3) Sanitary Sewer and Water Main Easement MEETING NOTES rte✓ APPROVED 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 2017-025327 BOISE IDAHO Pgs=7 NIKOLA OLSON 03/27/2017 11:38 AM CITY OF MERIDIAN, IDAHO NO FEE ADA COUNTY RECORDER Christopher D. Rich 2017-023027 BOISE IDAHO Pgs=5 BONNIE OBERBILLIG 03/17/2017 04:40 PM CITY OF MERIDIAN, IDAHO NO FEE Co r�cc�nl �2C� �,�� r�-P�f �X �l6/ f 13 SANJiTARY SEWER. AND WATER: MAIN LASRI1 ENJ / 11 LLGl. THIS INDENTURE, made this P day of M�r�1, 20 between �ht `bv7nd ,the parties of the first part, and hereinafter called the Grantors, and the City oflvleridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: 'WMREAS, the Grantors desire. to provide a sanitary sever' and water main right-of-way across the promises and property hereinafter particularly bounded and described; and WBEREAS, the sanitary Sewer and water is to be provided for through underground pipeliilos to be constructed by others; and WIJEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of sanitary sower and water mains over and across the following described property: (SEE ATTACHED EXHIBITS A, and B) The easement hereby granted is for the purpose of constmotion and operation of sanitary sewer and water mains and their allied facilltles, together with their malt tmance, repair and replacement at the convenience ofthe Grantee, withthe frea right of access to such facilities at any and all times, TO HAVE AND TO HOGD,.the said easeibent and right -of way wzto the said Grantee, it's successors and assigns forever, IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs anal .maintenance, However; Grantee shall not be responsible for repalring, replacing or restoring anything. placed within the area desarlbed in this easomontthatwas placed thorn in violation of this easement, TPE GRANTORS hereby covenant and agree that they will not place or allow to be placed Sanitary Sowor and Water Main Basement "V, 08/1.5/16 SANITARY SEWER AND WATER MAIN EASEMENT LLG-.- THIS INDENTURE, made this I Li day of , 20 j-1between S Aifl S, the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a sanitary sewer and water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of sanitary sewer and water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer and water mains and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed Sanitary Sewer and Water Main Easement REV. 08/15/16 any permanent stmotures, trees, brush, or perennial shrubs or flowers within the area described :for this easement, which would interfere with the use of said easement, for. the purposes stated heroin, THE GRANTORS hereby oovenant and agree with the Grantee that should any part of the right -of way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is apartthereof, shall cease and become null and void and of no further effect and shall be completely relinquished, TIE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to oozvey said easement, and that they will warrant and forever defend the title and quiet possession thoreof against the lawful claims of all persons whomsoever, IN WITNESS WHEREOF,, the said parties of the first part have horeunto subscribed their signatures the day and year first herein above written, GRANTOR.; Address Seeretaxy-- STATE OF IDAHO ) ) ss County of Ada ) O n this & 113 day of , 20�, fore me, the undersigns , a Notary Public in and for said.tat , personall appeared 4 �a Y►�,�d Q t l /1A and mown or identified to me to be the Pf otiftit and / 21Xk 1-ftaetai�q, respectively, of the corporation that executed the within. Instrument, and acl(nowledged to me that such corporation executed the same, sanitary SONYO and Water rounto set my hand and affixed my official seal the day er �q OTA.RX' PUBLFC FOR WAT 0 Residing at;4�/� Commission F,xpiras ��r� REV, 08/15/16 GRANTEE; CITY OF MERIDIAN S� � Tammy de W e , Mayor �� AL t4�y0 �b(rhB TRkASUR0�P4�� Atte y CAColes, City Cleric Approved By City Counoll On; % L a2/2 _ STATE OF IDAHO, ) ss. County of Ada ) On this ( y day of Q r , 201 before :me, the undersigned, a Notary Publie in and for said State, personally appeared Tammy do Weerd and Cray Coles, known to me to be the Mayonand City Clary, respectively, of the City of Meridian, Idaho, and who executed the withili Instrument, and acknowledged to me that the City of Meridian executed the same, IN WITNESS WHEREOF, X have hereunto set my hand and affixed any official seal the day and yeas' first above written, w , t ? • 'Sanitfl►y •Sewer and W"tet' Win Bosemont aafllml- W NOTARY PUBLIC FOR. IDAHO Residing.at;, `ii,�ll,t n� n � ,C�12� CoMbliSslo21 Expires; -29 a d 0-0, REV, 08/15/16 EXHIBIT" A" Sanitary Sewer and Water Line Easement Description for CITY OF MERIDIAN UTILITY SHELBURNE SUBDIVISION NO. 1 UTILITY EASEMENT January 27, 2017 A utility easement located in Lot 2 of Zaldien zerua Subdivision as filed in Book 81 of Plats at Pages 8,783 and 8,784, records of Ada -County, Idaho located In the N 1/2 of the SW 1/4 of Section 28, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho being more particularly described as follows: BEGINNING at the SW corner of said Lot 2; thence along the West boundary line of said Lot 2 thence North 00°33'52" East, 134.60 feet; thence leaving said West boundary line South 89021'56" East, 50.25 feet to the POINT REAL POINT OF BEGINNING; thence North 00°38'04" East, 15.00 feet; thence South 89°21'56" East, 128.95 feet; thence 32.31 feet along the arc of a non -tangent curve to the left, said curve having a radius of 73.50 feet, a central angle of 25°11'01" and a long chord of 32.05 feet which bears South 2101316" West; thence North 89021'56" West, 117.68 feet; thence North 00038104" East, 15.00 feet to the REAL POINT OF BEGINNING, Page I of 1 w Mto 'o� z SIIELBU.RNE SUBDIVISION N0.I 23 22 , SE ER AND WATER (LINE EASEMENT RPOB S89'21'56"E 128,95' 26 589'21'56" N89'21'56"W 117,68' ' 50, 25' I ( -I B f 2 1 w o 24 25 I I D' Q I cn POINT OF COMMENCEMENT—SWC RN✓~f� OF LOT 2 ZALDIEN ZERUA SUB. / \ iv m E ERATELLO ST, 0 C VE TABLE CURVE ADIUS LENGTH C RD DIST, CHORD BRG. DELTA Cl 73,50 32,31 05 S21'13'16"W 25'11'01" LINE TABL LINE LENGTH BE ING L1 15,00 N0'38'0 " L2 15,00 NO'38'04"E I 77 9 so G,f, GORY G, EXHIBIT".�" DRAWING FOR -- JOB NO, IDAHO 4460 E.WA(FRTOWFRaT. CITY -OF MERIDIAN WATER EASEMENTSUITI 130 '�-137 SURVEY 1AFRDAN,IDAHO'09042 (200)040-0670 SHELBURNE SUBDIVISION NO,1 SHE1 N0, �-+ 'GROUP, f: 1-� ,C, LOCATED IN THE N 1/2 OF THE SW 1/4 OF SECTION 213, D41G, DATE T,3N., ME_ B.M., ADA COUNTY. IDAHn 2/23/2017 w O z SHELBURNE SUBDIVISION NO.I 25 24 SEWER AND WATER (LINE EASEMENT RPOB-\ � S89'21'56"E 128.95' 1� L 1� LL1� LL1. N89'21'56"W 117.68' S89'21'56"E 50.25' BLOCK 2 El POINT OF COMMENCEMENT -SW CORNER OF LOT 2 ZALDIEN ZERUA SUB. Jv JL m E FRATELLO ST. n U � Li a Iw O O (z I� Q 1 Cn CURVE TABLE CURVE RADIUS LENGTH CHORD DIST. CHORD BRIG. DELTA Cl 73.50 32.31 32.05 S21'13'16"W 25'11'01" LINE TABLE LINE LENGTH BEARING L1 15,00 NO'38'04"E L2 15,00 NO'38'04"E o SOG�� 7729 10 60 180 �N'yT IZI�' QOM 0 30 1200'pF F SCALE: 1" = 60' IDAHO EXHIBIT" DRAWING FOR JOB NO. 1450 E. WATERTOWER ST. CITY OF ME IDIAN WATER EASEMENT 15-137 SUITE 130 SURVEY MERIDIAN, IDAHO 83642 SHEET N0. (208)848-8570 SHELBURNE SUBDIVISION N0.1 1 GROUP, P. C. LOCATED IN THE N 1/2 OF THE SW 1/4 OF SECTION 28, DWG. DATE T.3N., RAE., B,M., ADA COUNTY, IDAHO 3/20/2017 Meridian City Council Meeting DATE: March 14, 2017 ITEM NUMBER: 4F PROJECT NUMBER: ITEM TITLE: Jewel Subdivision Parcel A Sanitary Sewer and Water Main Easement MEETING NOTES 9 APPROVED 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 2017-022342 BOISE IDAHO Pgs=5 BONNIE OBERBILLIG 03/16/2017 11:14 AM CITY OF MERIDIAN, IDAHO NO FEE SANITARY SEWER AND WATER MAIN EASEMENT -µ'Ap, THIS INDENTURE, made this 16' day of � , 20 1 "between 3'Am l A. V, rs 1. v -Ai L U C-; the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a sanitary sewer and water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of sanitary sewer and water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer and water mains and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing othermaintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed therein violation of this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed Sanitary Sewer and Water Main Easement REV, 08/15/16 any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of-way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. A STATE OF IDAHO ) ) ss County of Ada ) On this day of 20 before me, the under igned, a Notary Public in and for said State, personally peared and known or identified to me to be the P es'd1 Suer -eta , respecc iye , of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. FKINDEL JO DE LEON Notary Public State of Idaho N TARY PLIOR I AHO Residing at: Commission Expires: Sanitary Sewer and Water Main Easement REV. 08/15/16 GRANTEE: CITY OF MERIDIAN Coles, City Clerk Approved By City Council On: STATE OF IDAHO, ) ss. County of Ada ) On this H *1 day of M arCt-� , , 201, before me, the undersigned, a Notary Public in and for said State, personally appeared Tammy de Weerd and CJay Coles, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. . Lpwjlj�u -W-aq= NOTARY PUBLIC FOR IDAHO Residing at: f- o A ,..dd-OJM Commission Expires: A X48 -46r9_-j Sanitary Sewer and Water Main Easement REV. 08/15/16 February 14, 2017 Project No. 116091 A THE LAND GROUP, INC. EXHIBIT "A" CITY OF MERIDIAN WATER & SEWER EASEMENT DESCRIPTION That portion of Parcel A according to Record of Survey No. 9885 recorded under Instrument No. 2014-069153, Ada County Records, said portion located in the Southwest Quarter of the Southwest Quarter of Section 16, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, particularly described as follows: Commencing at the Southwest Corner of said Section 16, from which the South Quarter Corner of said Section 16 bears South 89°14'17" East, 2665.07 feet; Thence, North 74034'58" East, 1255.23 feet to the westerly line of said Parcel A and the POINT OF BEGINNING; Thence, along said westerly line, North 00° 22'59" West, 0.79 feet; Thence, continuing along said westerly line, North 16° 13'25" West, 36.58 feet; Thence, departing from said westerly line, South 81° 09'42" East, 22.31 feet; Thence, South 01° 39'03" West, 34.19 feet; Thence, North 81'05'03" West,10.97 feet to the POINT OF BEGINNING, containing 0,013 acres or 560 square feet, more or less. PREPARED BY: THE LAND GROUP, INC. Robert L. Kazarinoff 02/14/2017 AT- I rrnrlrrr eArrlliterJrur ®Bile Planning s CioiiEngiuecriug o GolfCo»rre Irrignlion & ugiheerhtg o Ginpbic Gow w airnlion 462 E. Shore Drive, Ste. 100, Eagle, Idaho 83016 a 11208,939,4041 F 208.939.4445 e www.thrlandnruultinc.cum m LO m to 0 T O N oUuPi`f4unoi)ePy uglplaBWlo419 o 1N3W3SV3 N3M3S'S H31dM O NdlGlH3W 40 A113 V�m ®� Ca3 LU J �yy IIQQa 11 llggA3 onam MI `ate V ^ M GV M C� r .C� re@1 H�4S CC j C a C a U co Nr 1� w W �zm � Q m C:) cli LuM O *m U r _r LU oc LU ^ O � z � m C) U) oUuPi`f4unoi)ePy uglplaBWlo419 o 1N3W3SV3 N3M3S'S H31dM O NdlGlH3W 40 A113 V�m ®� Ca3 LU J �yy IIQQa 11 llggA3 onam MI `ate V ^ M GV M C� r .C� re@1 H�4S LO mz w o rnz o � y�Zt! L LU L" 0 F J 0 bCZi4 U 0 LU w J a a NOISIni09ns 13M3r � Q r N LJ CD �w Q L, w CL t-^ J I- `� O O co4 O 6A m W o U o� � CC Q W•8 `•3 G `U `•N £ '1 sL N01103S OVOU 31OV3 HinOs � 83NUOO t 41S3M v� (M MT99Z M £Z O.00N) r LU Z C" Cp CC T C)o ui E; � cc r F,(z W M loa r` ig0 `o N Co W Co N (` I TLU OT Lo coN lf7 00 C/) C7)CO OO CO 1 M .r T I�YI 1 � I I c IL �ssz� � Ca3 LU J LQ M ^ M GV M C� r .C� CC j o cow I C ) v w Hcu W •� �P � Q m N CD [+1 C�o Z o r M co LO Z LU NN 'Z J J ^3 J J J W•8 `•3 G `U `•N £ '1 sL N01103S OVOU 31OV3 HinOs � 83NUOO t 41S3M v� (M MT99Z M £Z O.00N) r LU Z C" Cp CC T C)o ui E; � cc r F,(z W M loa r` ig0 `o N Co W Co N (` I TLU OT Lo coN lf7 00 C/) C7)CO OO CO 1 M .r T I�YI 1 � I I c ^ � v o M rz '' W g \� N T r N v5 v� Pid 6RO R L10d 6l AMMO •tapsanl 40OW WO OMRtq goi%10 pa" lin WWC PUSS lavas y awn M"1014 �ssz� I � o CC j o cow I C ) v LC LU m C) *� V LLI m 1 ^ � v o M rz '' W g \� N T r N v5 v� Pid 6RO R L10d 6l AMMO •tapsanl 40OW WO OMRtq goi%10 pa" lin WWC PUSS lavas y awn M"1014 Meridian City Council Meeting DATE: March 14, 2017 ITEM NUMBER: 4G PROJECT NUMBER: ITEM TITLE: Jewel Subdivision Parcel B Sanitary Sewer and Water Main Easement MEETING NOTES u✓ APPROVED 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 2017-022356 BOISE IDAHO Pgs=5 HEATHER LUTHER 03/16/2017 11:23 AM CITY OF MERIDIAN, IDAHO NO FEE SANITARY SEWER AND WATER MAIN EASEMENT It, H9 THIS INDENTURE, made this 1? day of A!!-_, 20 ! � between no&-E1t AwDeYcSv,-� , the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the. Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a sanitary sewer and water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right-of-way for an casement for the operation and maintenance of sanitary sewer and water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The casement hereby granted 'is for the purpose of construction and operation of sanitary sewer and water mains and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times, TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever, IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after malting repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking soeb repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed Sanitary Server and Water Matti Easement REV, 08/15/16 any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of-way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: r--� degfLfm6Vv I ✓� b' ��t �- 3HUS Address Secretary STATE OF IDAHO ) ) ss County of Ada ) On this ( 8 �- day of R br L)-Xrj , 20 17, before me, the undersigned, a Notary Public in and for said State, personally appeared Poq Qr 6' KAe-0(jh and known or identified to me to be the President -and., awntf Secretary, respectively, of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. j ��L w� LDANIELLE SUTTON NOTARY PUBLIC FOR IDAHO ry Public Residingat: of Idaho Commission Expires; i c w_w��j Sanitary Sewer and Water Main Easement REV. 08/15/16 OF MERIDIAN Tammy de-Wepi'd, Mayor Attest t4vC,Jay Notes, City Clerk Approved By City Council On; y � Ll /�O/ STATE OF IDAHO, ) . SS. County of Ada ) Rq t0 On this ILA" day of I v tC�rC I , 2017, before me, the undersigned, a Notary Public in and for said State, personally appeared Tammy de Weerd and C.Jay Coles, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same, IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. 8hv) R h W - &La-�6 NOTARY PUBLIC FOR IDA IO Residing at; UILfdt J460a"l.2) Commission Expires; 3 -,Q 2 Sanitary Sewer and Water Main Easement REV. 08/15/16 February 14, 2017 Project No, 116091 THE LAND GROUP, INC. EXHIBIT "A" CITY OF MERIDIAN WATER & SEWER EASEMENT DESCRIPTION That portion of Parcel B according to Record of Survey No. 9885 recorded under Instrument No. 2014-069153, Ada County Records, said portion located in the Southwest Quarter of the Southwest Quarter of Section 16, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, particularly described as follows: Commencing at the Southwest Corner of said Section 16, from which the South Quarter Corner of said Section 16 bears South 89°14'17" East, 2665.07 feet; Thence, North 74°3458" East, 1255.23 feet to the easterly line of said Parcel B and the POINT OF BEGINNING; Thence, departing from said easterly line, North 81° 05'03" West, 39.08 feet; Thence, North 08" 54' 57" East, 20.00 feet; Thence, South 810 05' 03" East, 10.91 feet; Thence, North 08° 50' 18" East, 13.87 feet; Thence, South 81° 09'42" East, 12.53 feet to said easterly line; Thence, along said easterly line, South 16° 13'25" East, 36.58 feet; Thence; continuing along said easterly line, South 00' 22'59" East, 0.79 feet to the POINT OF BEGINNING, containing 0.021 acres or 912 square feet, more or less. PREPARED BY: THE LAND GROUP, INC, Robert L. Kazarinoff 02/14/2017 or LalJdcrap£�9rtbile<hnr ®.51/PP%ltltllllih G%!%%%'.1/�Li£8rhig dGofColmefn-�afion �'P".1�%1!£fl7l1P, �GraplikCol milli!!Ql%O11 462 E. Shore Drive, Ste.100, Eagle, Idaho 83616 9 P 208.939,4041 F 208.939.4445 • � �aw.t1 clnnds>r„ui>inc.cr,m MiLocatim: g:\20161116091kad\SO+veyledibils\116091 waterb sewer esmnl4.dwp last Pbfled 0y:wb kazadmll Dala PkNled: Tuesday, Febmary 14 2017 A03:14 Phi C/0 m C) y (N00°49'23"W 2653.90' R1) N00040'46"W 2653,90' - - cn SOUTH EAGLE ROAD WE�GORNER �� SECTION 16 a; z �rCD \ m � ( vo � TZ /^ N V C:) C 2��\ Z (Tt z I 'mss I 0 n C7 m co vi Z cn �o-n-lrn m Z p i cn C7 W -moi Z = ' O F �•, a � �m� W m 9O N z 'O\ w m � rn � J�- - cl) N cn �o rn cn cn d � o b:i 00 C=a \ r Z p 1 FNA o D N N .10 W cn a JEWEL SUBDIVISION D p p ITT o -0 0 cn cn OZ y C Z z co C z C, G7 = o z o Z co Z Exhibit "B" F �•, a m m 90 cn CITY OF MERIDIAN 'O\ � n cl) N 2: �o j cn cn o --4 z m o b:i 00 C=a \ r Z p 1 .100 o D N N .10 W cn 01 o C3 of cn 4-- cu �7 CD cQC-D N C2 W-.�] W PTI m m rTT m m r p N C0 G O p CQ 00 W °° o O a JEWEL SUBDIVISION D p p ITT o -0 0 cn cn OZ y C Z z co C z C, G7 = o z o Z co Z Exhibit "B" F �•, a �,►�ar. � m 90 cn CITY OF MERIDIAN 'O\ � n cl) N 2: �o n L2 --4 z m b:i _� \ r a JEWEL SUBDIVISION D p p ITT o -0 0 cn cn OZ y C Z z co C z C, G7 = o z o Z co Z Z A N O O 0) CD Ui co Exhibit "B" F �•, a �,►�ar. � CITY OF MERIDIAN g O w- WATER & SEWER EASEMENT N City of Meridian Ada County, Who Z A N O O 0) CD Ui co Meridian City Council Meeting DATE: March 14, 2017 ITEM NUMBER: 4H PROJECT NUMBER: ITEM TITLE: Paramount Property and Assets Recreational Pathway Easement MEETING NOTES 9 APPROVED 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 2017-022346 BOISE IDAHO Pgs=6 BONNIE OBERBILLIG 03/16/2017 11:15 AM CITY OF MERIDIAN, IDAHO NO FEE RECREATIONAL:, PATHWAY EASEMENT THIS AGREEMENT, .made and entered into this day of /''iCKC2017 between Paramount Property and Assets LC, hereinafter referred to as "Grantor", and the City ,of Meridian, an Idaho municipal corporation, hereinafter referred to as "Grantee"; WITNESSETH: WHEREAS, Grantor is the owner of real property on portions of which the City of Meridian desires to establish a public pathway; and WHEREAS, the ;Grantee desires the Grantor to grant an easement to establish the pathway and provide connectivity to, present and future portions of the pathway; and WHEREAS, Grantee will construct the pathway improvements upon the easement described herein; NOW, THEREFORE, the parties agree as follows: I. , Grantor does hereby grant unto the Grantee an easement on the following property, described on Exhibit "A" and depicted on Exhibit "B" attached hereto and incorporated Herein upon the terms and conditions set forth. 2. The easement hereby granted. is for the purpose of providing a public recreational pathway on the property described and depicted in Exhibits "A" and "B" ("Pathway"), The authof i2ed uses of the Pathway are limited to walking, jogging and riding bicycles or other human - powered vehicles or devices: Authorized uses shall not include horseback riding or any use of motorized vehicles except for necessary access bylaw enforcement personnel or.for construction, maintenance or repair work,by Grantee of the Pathway and landscaping and related improvements. 3. The Pathway and related improvements shall be constructed, operated, maintained, repaired and cleaned at.all times by Grantee in a good, workmanlike, safe, sanitary, and sightly manner and condition in compliance with. the laws of the State of Idaho; and within the conditions stated herein. 4. All costs and expenses involved in the construction, operation, maintenance, repair and cleaning of the Pathway and related improvements,. or in the operation of the Grantee pursuant to this Agreement, or in the public use authorized by this Agreement, shall be paid by the Grantee and the Grantor shall have no obligation or responsibility for payment of any such costs or expenses, 5. Grantee agrees to construct, operate, maintain and repair the Pathway and any facility, and conduct its activities within or affecting the Pathway and easement area, so as not to constitute or cause a hazard to any person or property, RECREATIONAL PATHWAY EASEMENT - l 6. Grantee agrees, to the extent allowed by law, to indemnify, hold harmless and defend Grantor from all claims and damages which may arise from or be caused by the construction, installation, operation, maintenance, repair and any use or condition of the Pathway. 7. Grantee shall comply fully with all federal, state or other laws, rules, regulations, directives, or other governmental requirements in any form as administered by appropriate authorities, which may be applicable to the construction, installation, operation or maintenance of the Pathway and any facilities pursuant to this Agreement. 8. The hours of use of the Pathway shall be from thirty (30) minutes before sunrise to thirty (30) minutes after sunset, and the Pathway shall be closed to use during all other times. 9. Grantee shall prepare and install readily visible signs at Pathway entrances or other appropriate locations along the Pathway advising the public of prohibited uses, hours of use and any ordinances which apply to the public use of the Pathway. 10. Grantee hereby covenants and agrees that a fence following the irrigation easement shall be installed by the Grantee. The fence design shall be acceptable to the Grantor. 11. The Grantor hereby covenants and agrees that it will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. 12. The Grantor hereby covenants and agrees with the Grantee that should any part of the easement hereby granted become part of, or lie within the boundaries of any public street, then, to such extent such easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. 13. The Grantor does hereby covenant with the Grantee, to the best of its knowledge and belief, that is lawfully seized and possessed of the aforementioned and described tract of land, and that it has a good and lawful right to convey said easement, and that it will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. 14. This Agreement and the Grantor's permission to the Grantee to construct and maintain the Pathway shall continue so long as the Pathway is used by the Grantee and the public for the purposes and in compliance with the conditions stated herein, unless otherwise terminated by agreement of the parties. After termination, and written notice from Grantor, Grantee shall remove the Pathway and all related facilities on the Grantor's property which the Grantor identifies for removal in such notice. 15. Grantee shall have no right, power or authority to assign this Agreement or any privileges hereunder to any person or entity. IN WITNESS WHEREOF, the said Grantor has hereunto subscribed its signature the day and year first hereinabove written. RECREATIONAL PATHWAY EASEMENT - 2 GRANTOR: Paramount Property and Assets LLC STATE OF IDAHO) ) ss County of ADA ) On this — day of GWUV , 2017, before me, the undersigned, a Notary Public in and for said State, personally appeared Jared McDaniel, known or identified to me to be the person who executed the within instrument, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. 6Q NOTARY PUB FOUR IDAHO Residing at: UR R COU MI Commission Expires:_ 10-01 • 10 -P RECREATIONAL PATHWAY EASEMENT - 3 GRANTEE: CITY OF MERIDIAN Tammy de Ye9id, Mayor C.My Coles, City Cleric Approved By City Council On: 7/ / L/ / db/7 STATE OF IDAHO . ss. County of Ada ) On this day of �Q�C�(1 , 2017, before nae, the undersigned, a. Notary Public in and for said State; personally appeared TAMMY DE WEERD and C.JAY COLES, known to. me to be the Mayor and City Clerk, respectively, of�the City of Meridian, Idaho, and who executed the within instrument, and acknowledged tome that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and yea first above Written. RECREATIONAL PATHWAY EASEMENT : 4 �h"M L)Q�� - NOTARY PUBLIC FOR IDAH Residing at: Commission Expires, EASEMENT DESCRIPTION AN EASEMENT FOR PATHWAY PURPOSES LOCATED IN THE NE1/4 OF SECTION 7, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, AND BEING A PART OF LOT 6 OF BLOCK 1 OF INITIAL POINT SUBDIVISION IN THE OFFICE OF THE RECORDER, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A BRASS CAP MONUMENT MARKING THE NORTHWESTERLY CORNER OF SAID NEI/4; THENCE SO°34'26"W, ALONG THE WESTERLY BOUNDARY OF SAID NE1/4, A DISTANCE OF 500.70 FEET TO THE POINT OF BEGINNING; THENCE S56010'59"E, 14,29 FEET TO A POINT OF CURVATURE; THENCE ALONG A 104.14 FOOT RADIUS CURVE TO THE RIGHT, THROUGH A CENTRAL ANGLE OF 40°46'40", AN ARC DISTANCE OF 74.11 FEET TO THE SOUTHERLY BOUNDARY OF SAID LOT 6; THENCE N89°25'32"W, ALONG THE SOUTHERLY BOUNDARY OF SAID LOT 6, A DISTANCE OF 21.01 FEET; THENCE LEAVING SAID SOUTHERLY BOUNDARY ALONG AN 84.14 FOOT RADIUS NON -TANGENT CURVE TO THE LEFT, SAID CURVE HAVING A CHORD BEARING OF N37°45'54"W, 53.17 FEET, THROUGH A CENTRAL ANGLE OF 36050'09", AN ARC DISTANCE OF 54.09 FEET; THENCE N56010'59"W, 1.18 FEET TO THE WESTERLY BOUNDARY OF SAID LOT 6; THENCE NO°34'26"E, ALONG THE WESTERLY BOUNDARY OF SAID LOT 6, A DISTANCE OF 23.91 FEET TO THE POINT OF BEGINNING. SAID EASEMENT CONTAINING 1,437 SQUARE FEET, MORE OR LESS, AND IS SUBJECT TO ANY OTHER EASEMENTS EXISTING OR IN USE. �ptvD- 6, Drawn By CIDK RECREATIONAL PATHWAY EASEMENT xHia�T Checked By Gs� °r GRANTOR: PARAMOUNT PROPERTY REF SHEET# Date 11i12115 AND ASSETS LLC CTA 4 COM 5MC LIVINGSTON, MT (406)222-0104 GRANTEE: CITY OF MERIDIAN SHEET# Cad File: coMcsvol I Fax (406)222-1007 GRAPHIC SCALEIdu I 30 0 15 30 60 IN FEET ) 1 Inch = 30 ft. �, l�O BASIS OF BEARINGS IS INITIAL POINT t'�`�;`S.� SUBDIVISION PLAT - WEST LINE OF LOT 6 114 S.6 J S.7 POINT OF _ COMMENCEMENT Lyp-��,C, I .. yy{{ TT 55II I\ 1 p` T)y4gf EXI S i'ING OPERATIONS AND to LEGEND MAII,ITENANCF EASEfJFNT - F-OR FIV[ MILE CREL:K INs'r. mo. -1608075 Cp a FOUND PROPERTY CORNER (90' V111017.1 a5' EACH SIDE) N m 0 UNMONUMENTED EASEMENT CORNER P CO PROPERTY BOUNDARY — — -- — EASEMENT LINE POINT OF BEGINNING S5601 0'59"E 14.29' LOT 6 ,...,.. �.. BLK 1 N0034'26"E '2 91' "o, L=74.11, R=104.14 /q�FIVE ,yo A=40°46'40" �`� �nnF cREEI'�- � INITIAL POINT SUBDIVI ION 8 PROPERTY BOUNDARY _ N56010'59"W 1.18'\ \\ L=54.09, R=84.14 N37°45'54"W, 53.17'— 3.17' A=36'50'09" A=36°50'09" —' LCAT I FIVE MILE I 20' �_°� I , N89025'32"W 21.01' BLK 1 I I l Drawn By CDK RECREATIONAL PATHWAY EASEMENT XHIBIT Checked By GSB ® GRANTOR: PARAMOUNT PROPERTY REF SHEET# Date X12115 a AND ASSETS LLC CTA # OOM 5MC BOISE, ID 208.336.490D GRANTEE: CITY OF MERIDIAN SHEET# Cad File: 0OMCSV01 Meridian City Council Meeting DATE: March 14, 2017 ITEM NUMBER: 41 PROJECT NUMBER: ITEM TITLE: Initial Point Owner's Association Recreational Pathway Easement MEETING NOTES u7 APPROVED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE; E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS P, ADA COUNTY RECORDER Christopher D. Rich 2017-022347 BOISE IDAHO Pgs=6 BONNIE OBERBILLIG 03/16/2017 11:15 AM CITY OF MERIDIAN, IDAHO NO FEE RECREATIONAL PATHWAY EASEMENT THIS AGREEMENT, made and entered into this day of /t'1 Gf'1 , no, between. Initial .Point Owner's Association, Ince, hereinafter referred to as "Grantor", and the City of Meridian, an Idaho municipal corporation, hereinafter referred to as "Grantee"; WITNESSETH: WHEREAS, Grantor is the owner of real property on portions of which the City of Meridian desires to establish a public pathway; and WHEREAS, the Grantee desires the Grantor to grant an easement to establish the pathway and provide connectivity to present and future portions of the pathway; and WHEREAS, Grantee will construct the pathway improvements upon (he easement described herein; NOW, THEREFORE, the parties agree as follows; L Grantor does hereby grant unto the Grantee an easement on the following property, described on Exhibit "A" and depicted on Exhibit "B" attached hereto and incorporated herein upon the, terms and conditions set forth. 2. The easement. hereby granted is for the purpose of providing a public recreational pathway on the property described and depicted in Exhibits "A" and `B" -("Pathway"). The authorized uses of the Pathway are limited to walking, jogging and riding bicycles or other human - powered vehicles or devices. Authorized uses shall not include horseback riding or any use of motorized vehicles except for necessary access by law ,enforcement personnel or for construction, maintenance or repair work by Grantee of the Pathway and landscaping and related improvements, 3. The Pathway and related improvements shall be constructed, operated, maintained, repaired and cleaned at all times by Grantee in a good, workmanlike, safe, sanitary, and sightly manner and condition in compliance with the laws of the State, of Idaho, and within the conditions stated herein, 4. All costs and expenses involved in the construction, operation, maintenance, repair and cleaning of the Pathway and. related improvements, or in the operation of the Grantee pursuant to this Agreement, or in the public use authorized by this Agreement, shall be paid by the Grantee and the Grantor shall have no obligation or responsibility for payment of any such costs or expenses, 5. Grantee agrees to construct, operate, maintain and repair the Pathway and any facility; and conduct its activities within or affecting the Pathway and easement area, so as not to constitute or cause a hazard to any person or property. RE, CREATIONAL PATHWAY EASEMENT - 1 6. Grantee agrees, to the extent allowed by law, to indemnify, hold harmless and defend Grantor from all claims and damages which may arise from or be caused by the construction, installation, operation, maintenance, repair and any use or condition of the Pathway. 7. Grantee shall comply fully with all federal, state or other laws, rules, regulations, directives, or other governmental requirements in any form as administered by appropriate authorities, which may be applicable to the construction, installation, operation or maintenance of the Pathway and any facilities pursuant to this Agreement. 8. The hours of use of the Pathway shall be from thirty (30) minutes before sunrise to thirty (30) minutes after sunset, and the Pathway shall be closed to use during all other times. 9. Grantee shall prepare and install readily visible signs at Pathway entrances or other appropriate locations along the Pathway advising the public of prohibited uses, hours of use and any ordinances which apply to the public use of the Pathway. 10. Grantee hereby covenants and agrees that a fence following the irrigation easement shall be installed by the Grantee. The fence design shall be acceptable to the Grantor, the Initial Pointe Board of Directors. 11. The Grantor hereby covenants and agrees that it will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. 12. The Grantor hereby covenants and agrees with the Grantee that should any part of the easement hereby granted become part of, or lie within the boundaries of any public street, then, to such extent such easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. 13. The Grantor does hereby covenant with the Grantee, to the best of its knowledge and belief, that is lawfully seized and possessed of the aforementioned and described tract of land, and that it has a good and lawful right to convey said easement, and that it will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. 14. This Agreement and the Grantor's permission to the Grantee to construct and maintain the Pathway shall continue so long as the Pathway is used by the Grantee and the public for the purposes and in compliance with the conditions stated herein, unless otherwise terminated by agreement of the parties. After termination, and written notice from Grantor, Grantee shall remove the Pathway and all related facilities on the Grantor's property which the Grantor identifies for removal in such notice. 15. Grantee shall have no right, power or authority to assign this Agreement or any privileges hereunder to any person or entity. IN WITNESS WHEREOF, the said Grantor has hereunto subscribed its signature the day and year first hereinabove written. RECREATIONAL PATHWAY EASEMENT - 2 GRANTOR: Initial Point Owner's Association, Inc. ✓,u ` ! iz Kay Ballard, President STATE OF IDAHO) ss County of ADA f �) On this da of ��{il, , 2017, before me, the undersigned, a Y II Notary Public in and for said State, personaUAppeared Kay Ballard, known or identified to me to be the person who executed the within instrument, and acknowledged to me that She executed the same. IN WITNESS WHEREOF, I have day and year first above written. RECREATIONAL PATHWAY EASEMENT - 3 to set my_hand and affixed my official seal the NOTARY PUIULIC < IDAHO Residing at: 1 (b Commission Ex ' . (o I (1 b i GRANTEE CITY OF MERIDIAN Tammy de W er , Mayqr Atte by C y Coles, City Clerk Approved By City Council On: '� ( )-/ / ;b 7 STATE OF IDAHO ) . ss, County ofAda On this day of �ko- 1 , 2017, before me, the undersigned, 'a Notary Public in and for said State, personally appeared TAMMY DE WEERD and C,JAY COLES, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ,r�rrrrrr� • 1 1 �•. ' OF yI'D P� oil rr N M r . RECREATIONAL PATRWAY EASEMENT - 4 aojm � Ly -j= NOTARY PUBLIC FOR IDAHO Residing at:-TVV , 4&&Ab Comtnission Expires: 3 a� EASEMENT DESCRIPTION AN EASEMENT FOR PATHWAY PURPOSES LOCATED IN THE NE1/4 OF SECTION 7, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, AND BEING A PART OF LOT 1 OF BLOCK 1 OF INITIAL POINT SUBDIVISION IN THE OFFICE OF THE RECORDER, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A BRASS CAP MONUMENT MARKING THE NORTHWESTERLY CORNER OF SAID NE1/4; THENCE SO°34'26"W, ALONG THE WESTERLY BOUNDARY OF SAID NEI/4, A DISTANCE OF 566.96 FEET TO A NORTHWESTERLY CORNER OF SAID LOT 1: THENCE LEAVING SAID WESTERLY BOUNDARY S89°25'32"E, ALONG THE NORTHERLY BOUNDARY OF SAID LOT 1, A DISTANCE OF 33.96 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING S89°25'32"E, 21.01 FEET; THENCE ALONG A 104.14 FOOT RADIUS NON -TANGENT CURVE TO THE RIGHT, SAID CURVE HAVING A CHORD BEARING OF S07024'56"E, 28.95 FEET, THROUGH A CENTRAL ANGLE OF 15°58'45", AN ARC DISTANCE OF 29.04 FEET; THENCE S0034'26"W, 77.63 FEET TO THE SOUTHERLY BOUNDARY OF SAID LOT 1; THENCE N89042'56"W, ALONG THE SOUTHERLY BOUNDARY OF SAID LOT 1, A DISTANCE OF 20.00 FEET; THENCE LEAVING SAID SOUTHERLY BOUNDARY NO -34'26"E, 77.74 FEET TO A POINT OF CURVATURE; THENCE ALONG AN 84.14 FOOT RADIUS CURVE TO THE LEFT, THROUGH A CENTRAL ANGLE OF 19°55'16", AN ARC DISTANCE OF 29.25 FEET TO THE POINT OF BEGINNING. SAID EASEMENT CONTAINING 2,136 SQUARE FEET, MORE OR LESS, AND IS SUBJECT TO ANY OTHER EASFMFNTS FXISTINC, OR IN USF - Drawn By CDK RECREATIONAL PATHWAY EASEMENT A Checked By Gse Date iy12/15 GRANTOR: INITIAL POINT OWNERS REF SHEET# ASSOC INC CTA # COM 5MC LIVINGSTON, MT laoei.4' oioa GRANTEE: CITY OF MERIDIAN sHEET# Cad File:- COMCSV01 Fax(406)222-1007 E. FAIRVIEW AVENUE 1/4 S,6POINTOF�S CCOMMENCEMENT� |7 PHIC SCAU, CD 100 0 50 100 200 ( IN FEET ) 1inch =D00 ft. BASIS OFBEARINGS |SINITIAL POINT SUBDIVISION PLAT ' WEST LINE OFLdT1 LEGEND 0 FOUND PROPERTY CORNER » UNKdONUMENTEOEASEMENT CORNER Lo ------ PROPERTY BOUNDARY ---- -- -- EASEMENT LINE SUBT}MSTON � 95' —S89 � E 21 1' � | LOT 6 LOT 1 OF 80113 -' "IN BOUNDARY EXI STING OPFRATIONS A(110 CH S07'24'56"E, 28.95' FOR FIVE MILE CREEK INST. 1\10. 7608M 0. POINT OF BEGINNING:, S0034'26"W 77.63' -Y 01- MERIDIAN RFCREA'I IONAL PATHWAY EAGEMEN I' Drawn By QQK RECREATIONAL PATHWAY EASEMENT Checked By G$B Flak GRANTOR: INITIAL POINT OWNERS -D REF SHEET11 Date 11MI-15 ASSOCINC 208,330.4900 GRANTEE: CITY OF MERIDIAN Cad File: ---QQMQSVol Meridian City Council Meeting DATE: March 14, 2017 ITEM NUMBER: 4J PROJECT NUMBER: ITEM TITLE: License Agreement Between the Nampa Meridian Irrigation District and the City of Meridian Regarding a Multiuse Pathway on the Finch Lateral as Part of Verado Subdivision No. 1 MEETING NOTES 9 APPROVED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS A16A COUNTY RECORDER Christopher D. Rich BOISE IDAHO P9s=11 NIKOLAOLSON 2017-030857 NAMPA MERIDIAN IRRIG DIST 04/11/2017 08:59 AM NO FEE HIM II IIII III111111111111111111HIM IIll III III 00348973201700308670110111 AGREEMENT �h AGREEMENT, bia 11 1_4 2017. by.arid between p r� UOLANIkk10AT STRTCT.,ag-irti"gaiionaisirc iz�'dand existi ng, under arid. by,-vir-tu6:o'f-the ,law 'so.ft-he-State -.of Idaho, her,e'in,aft.er.,r'&t6ff-,ed'to.as,the ,."Distri.6.t,,":and d THECITYOF-MEt DIAN' apolitical subdivision Ark municipality -it y of thp. State of Idaho teinafter mAerredto: as :the WHEREAS, the parties; -hereto entered into a Master Pathway E6v6,1qping-amd'. 'Maintaining Pathways for, public . tisOalong and across ;some Qfthe:j)� hes. and' "th' som e isirl s WJ in Ofthe Di'strict"-'s,e'.as'etnent's-:and -fee title, hinds dated, 'December 1.% 2000., recorded as Instrument No. 1. GO 10,2999., -records of Ada County,, Idaho' bereinafter.'referre'd lo -as the "Master. Pathway Agreement;" and, District 'A City intended f.,ntoijqg. the ,-Vasier Pathway' Agreement to -WWH -AS the 'IN nd:the, 0 'd d E. y ,ally' accom6ligh. the. &.1.16wing in'.1, m'annpr ihat-As cion'sistent Witbi their regpeclive 'legal: and. fiduc` planningresponsibilities; to enhance the Ctty's:pathway though.earl -congultdtio.n,.be.tw.eenth-e CiN.-and-the y , Oistrict;i. to estib " h fb pathway I !IS t pr r the Cit 's sobinlfsslon,of tiquests. :,a processandahe Distric't's consideration. ,for such1requests, and to vrov We thegeneral conditions,. for 'the Distfl ri. s a provaI ,-and auffiorieAtion.of pathway requests: affectin the Dikricfs -d,iich69j-. property; operation's e;.And,,,. g p WHEREAS,, the DistetQ't" grants the: City-th -right-dey6opathways -to enc'roac h within the D_'r$trX.O?s easements along.,andacross the Distfict's0 . dit bes. canals and e'asem6nts therefor e rdfot 4POn the terms f id M ast - ond,cpaditions.o sai erPathwayAgreeffient-4fid aftef the execution of an aizrcemerit,fdr..e*a'c,.h,'proposed crossing and. encroachment; and, WHEkEASl the-City-Isthe.owdofINereaI property easement,/ e,4g.e'm'btit'ofthe ...Dlstrict.her-titiaftdr,'meniicified).-,particularly described in the Legal L)',q5d":t* -ion"attached hereto s.'Exhibit, A arrd- 'bv,this':re&rence made- a part.hereof-' and,. . Prpoa , �. I � .11. WHEREAS;� the -Di-str-id-1 controls the irrigitti.0 dr-aiageditch or :canal known as .the VIN -04. i c together. h:the -real propertyand-Ior .easements. LATERAL (he'reinaft&reffited to as "divb or canal") qge r wit.. 1, irrigation convey - ti n andArainag-water,., to:operate, and maintain the- ditch or canal, and which crosses and . inte'rsec-,ts.sa"i�dd-escrib-*ed'reaI property ofth'e, .0 w.n,,o 'pert City -as ghon.Exhibit,B:�aftac'h-ed heretoidndbythis-referdnce -m'ado.part , a , tt hereo toi) d?, AGREEMENT - Page_, 1 ..9 � WHEREAS, the City desires approval to construct, install, operate and maintain a paved pathway within the District's ..ter Pathway .- is rict s easement for the Finch Lateral. under the terms and conditions.of said Mas. Agreement. and those hereinafter set forth,. NOW, THEREFORE, for and in consideration ofthe premises and ofthe covenants, agreements and conditions hereinafter 'set forth and. those set forth in said. Master Pathway Agreement, the parties hereto. agree ks*follows.: .1. The City may construct, operate, maintain and -rep-air A 10 foot wide pathway within the District' -s- real property and/or easement for the Finch Lateral.on the north -side ido, ofthe Finch Lateral in Verado SUbdivisibn No. L located southeastof the he intersection of Ustick Road and Locust .Grove Road, Merid.jan, Ada County, outity, Idaho. 2. Any- construction, -widening or crossing of said ditch or canal shall be -p'ed6rmed in. accordance with the "Special C made Conditions" stated C, attached hereto and by this reference part. thereof 3. The permitted hours, of use of the pathway shall he from one half hour before sunrise and. Qne.,ha:lf hour after sunset. 4.1 The. parties hereto incorporate in and make part of this Agreement all the -covenants,, conditions, and agreeffients -of said Master Pathway Agreement. unchanged except, as the. result of fhel provisions othis . Agreemeiit. The covenants,,, conditions and agreements herein contained and incorporated, by reference. shall constitute covenants to run with,, and running with, all of the lands ofthe City described. in said Exhibit A. and shall be binding on each of the parties hereto and on all parties and all -persons claiming under them or either of them"Aand: the advantages hereof shall inure to the benefit of each, of the parties hereto and their M tog. respective successors and assigns. IN WITNESS WHEREOF, the Di' ' S strict has hereunto caused its corp6tate name to be subscribed by its, officers first hereunto duly authorized by resolution of its. Board offfirectors: -and the City has hereunto *ub5pribed its corporate name : to be, subscribed and its seal to be affixed thereto, all as of the day and year herein first above -written. NAMPA & MERIDIAN IRRIGATION DISTRICT IAIV 01 Its President ATTEST,: Its _Secretary AGREEMENT- Page 2 o .pORAlr GN -THE CITY OF AqT . ....... . STATTE'Offl),A-14,0 .County of CalfiyOft. ay 'before ' 0 d or.e*_Me, the undersigned: a. Notary :Pub'lc lln and for said '.Stat 'perSona11y ,,4ppqa,edv,17.1, Patte rs'.'n "-and Daren X Coon, n, k_n_ow,to,Me.,t.o ;be .the -President Secretary;yes puiveAMpA MERIDIAN :IRRIGATION :DISTRICT, the irrigation districtAhat 'eke pin instrument nt and acknowledgedtq me that -such-irrrgation district executed the.same.: :IN ':WITNESS WE I havee hereunto .set,my-harydand�attikod TAlse�Ljhe- day:ap ear J-hothis .'. ceffificate fir'st, -bo- -w. ritten, 'Public 0 Ci .0 'Otary #O'TAq� Residina at Idaho 16 % f My Commission `*UBOP d; (p%, S.T.-ATTEOF IDAHO-, 0 Z % Ada a F6F 1,�``�♦ .7 brejpe;, ;the. undersigned, eTsigne 1_-irt for said d j ' d a,. Not PtthHql_ ''and: ..On s'. lqlrdav� bef d --yam". i. de- 1k) e-PrA Ofid Co 6 known n tome to be Ol respectively, tiv e., of The CITY OFNE MERIDIAN,, the Ow yll e d to -me: thdffity-exe entity that executed - fbrq7ko.lhg- i ristri ii -M ent and acknowledged udh' - � $ en cute .the same - :'TN`WITNESS W,'TIERf8 lhave heou hand -And, affix d my official seal zihie'd y, -.,q hd hereunto: fito set my e m this c. fat�r f�rtt above written: 44 4t g:0 N Jdtar 6,110 for Notary Pu Residing at hDIWA& 0 1p•My Commission: Expires _3 -�_7ao- • 40 ic 0 AGREEMENT Page .3 EXHIBIT A .Legal.Description . A right--of-way/easement within Section 5, Township 3 North, Range I East., B.M., Ada County Iddho as more particularly described in the description attached hereto -as Exhibit A-1 and by this reference* incorporated herein., EXHIBIT -B 0_.f.p-.;�7 i. --o , roper. /Dra n., L066ti` See Exhibit C'- I attached hereto. JEXMBlY.C. Special Conditions A. The location and, -construction of the pathway shall be in accordance with Exhibit C-1 attached hereto and by this reference made a part hereof. b. The District's easement along this section of the Finch Lateral Includes a sufficient area of land .to'convey irrigation and drainage water, to operate- clean maintain And repair the Finch Lateral, and to access the Finch, Lateral, for said purposes and . is a minimum of 80. feet, 40 feet to either side of the centerline. Cl.-. Construction shall blecompleted one year from the date of this agreement. Time if of the essence. AGREEMENT --. Page 4. 5awtopth Land 5urveyincj, LLC P: (208) 398=6104 F: (;Wb) 396-8105 S)rllan Washington.Ave.; Emmett, iD 836 I f February 28, 2017 Verado NMID Pathway Legal gatis oftiparings for this legal description is South .89044'57". East between the, brass cap marking the: northwest corner of Section 5 and the brass cap marking the N1/4 of Section 5. A parcel of land located in Gove *mbnt Lot 3, of Section 5, T. 3 K-7 R, 1 E.1 B.M., Ada County, Idaho more particularly described :as follows; MMENCING at -6 found brass cap marking the N1/4 corner"of Section 5; Thence South 0021'25". West coincident with the easterly line of said Government Lot 3, of Section 5,'a distance of 50.00 feet to the southerly right of way line of E. Ustick Road Thenbe North 89044'57" West., coincident with said southerly right of way line of E. -Ustick Road, 135.0.0feet, Thence South 0°21"25" West, parcIllel with said easterly - line -of Government Lot 3, of Section 5, a distance of 792.70 feet to the- POINT OF. BEGINNING; Thence continuing South 062725", West, parallel with said d easterly line of G.6verhm'ent Lot 3, of Section 5,. a.distance of 14,00 feet; Thence North 89°32'-35" West, 40.58 feet; Thence North 84,0006" West, 117,78 feet, Thence North 76609'547 West, 134.67 feet; Thence North 38009'.24" West, -83.77 feet Thence North 29°54'24" West, 34.88 feet; Thence South 89044'57" . East, parallel with the northerly line, of said Government Lot 3, of ,Section 5,,a distance of 16.19 feet;, Thence South 29054'24'.' East, 2513 feet; Thence South 381009'.24" East, 77. - 94 feet-, Thence South 76009"54" 'East, 128.18 feet: Theinco8ouih 84-000611 East, 116.15 fee; 'A201`611'6225!'4E'kA bb'808\SurvefflreiwingsN esc i D r pfionO 62-25 N MID PATHWAY LEGALdocx Lqg e Exhibit A-1. page 1 Thence. South 89032'35"' East, 40.01 feet to the POINT OF BEGINNING. AND ALSO A -parcel of land located in Government Lot. 3-,. .of Section 5, T. 3 N., R. 1 E. B. M.., Ada County, Idaho more Particularly' described as follows; COMMENCING at a found brass cap marking the N1/4 corner of Section 5; Thence, South 01027'25" West, coincident with the easterly line of said Government Lot,3 Of Section 5, -a distance of .50.00 feet to the southerly right of way line of E Ustick Road; Thence North 89044'57" West, coincident with said south. right of way line. Of E. Ustick Road, '335.00 feet-' Thence: South 01027'25" West, parallel with said easterly line of Government Lot 3, of Section 5, a distance of 906.70 feet; Thence North 89032'35" West, 40.58 feet; Thence. North 84°49'06 West, 117.78 feet,; Thence North 76009'54" West, 154.67 feet, Thence North 38009'24" West, 83.77 feet; Thence North 29054?12*' West- 34.88 feet; Thence North 36°00'16" West, 59.10 feet to the POINT'OF BEGINNING; Thence North 0027'25" East, parallel with said easterly line of Government Lot 3, of Section .5 a distance of 18-.49 feet; Thence North ,30042"I 7" West,, 412-.03 feet; Thence North 580163S`West, ,00,36 feet;, Thence North D027'25" West, parallel with said easterly line of Government Lot 3, of Section 5, a distance of 16.37 feet; The'n'ce South 58918-'33" East, .102.28 feet; Thence South .3004211 7" East, 49-37 feet; Thence South 0.627'25" West,parallel with said easterly line of Government Lot 3, of Section 5, a distance of 22.00 feet; Thence North 89P44"5.7" West, parallel with said northerly line of Government. Lot 3, of Section 5t; a distance of B.8,0 -feet to the beginning of a tangent curve.; DA201611.6-225-VIERA-UO SU.B\Survey\Drawingp\Descriptions11.6225 NMID PATHWAY LEGALdocx gage (,2 Ekhibit A-1,, page 2' Thence 6.87 feet along the arc of said curve to the left, with a. central angle of 5019'10", a. ,radius of 74.00 feet.,. subtended by a chord bearing South 87024'03" West, 0.87 feet to the POINT OF BEGINNING. The above two described parcels .contain 0.1:8 acres more or logs. ?A"2046\116225--VERAD -O'SUB\Surv6y\Drawin.qs\Descript'lQns\16225 NMID PATH -WAY LEGAL.docx age 13. Exhibit A-1, page 3 C.n LU O O UU M :uj =ULA cc LFU C -i co 2 Q I -Z C.) Z� IL . L u to Q C.) 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I Exhibit C-1, page 3 Meridian City Council Meeting DATE: March 14, 2017 ITEM NUMBER: 4K PROJECT NUMBER: H-2016-0112 ITEM TITLE: Movado Estates Subdivision REVISED Findings of Fact, Conclusions of Law for Movado Estates Subdivision (H-2016- 0112) by DevCo, LLC, Located at the South Side of E. Overland Road Between S. Topaz Way and S. Cloverdale Road MEETING NOTES 9 APPROVED 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 FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2016-0112 - 1 - CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request for Annexation and Zoning of 114.25 acres of land from RUT in Ada County to the R-8 zoning district (58.64 acres), R-15 zoning district (44.05 acres) and C-G zoning district (11.56 acres); and Preliminary Plat Consisting of 430 single-family residential building lots, 1 commercial lot, 40 common lots and 9 other lots on 114.25 acres of land for Movado Estates Subdivision located on the south side of E. Overland Road between S. Topaz Way and S. Cloverdale Road, in the NE ¼ of Section 21, Township 3 North, Range 1 East (Parcel S1121131500 and S1121141800), by DevCo, LLC. Case No(s). H-2016-0112 For the City Council Hearing Date of: December 20, 2016 (Findings on January 3, 2017) (Revised March 14, 2017) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of December 20, 2016 (revised on March 14, 2017), incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of December 20, 2016 (revised on March 14, 2017), incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of December 20, 2016 (revised on March 14, 2017), incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of December 20, 2016 (revised on March 14, 2017), incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the “Local Land Use Planning Act of 1975,” codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2016-0112 - 2 - 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval of the annexation and zoning request in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this annexation approval is subject to a development agreement containing the provisions in the attached Staff Report for the hearing date of December 20, 2016 (revised on March 14, 2017), incorporated by reference. C. Decision and Order Pursuant to the City Council’s authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant’s request for annexation and zoning was approved with an R-8, R-15 and C-G zoning districts with the requirement of a Development Agreement with the provisions noted in the Staff Report for the hearing date of December 20, 2016 (revised on March 14, 2017), attached as Exhibit A. 2. The applicant’s request for a preliminary plat is hereby approved based on the findings in the Staff Report for the hearing date of December 20, 2016 (revised on March 14, 2017), attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to obtain the city engineer’s signature on the final plat within two (2) years of the approval of the preliminary plat or the combined preliminary and final plat or short plat (UDC 11-6B-7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of two (2) years, may be considered for final approval without resubmission for preliminary plat approval (UDC 11-6B-7B). Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B-7.A, the Director may authorize a single extension of time to obtain the City Engineer’s signature on the final plat not to exceed two (2) years. Additional time extensions up to two (2) years as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again (UDC 11- 6B-7C). CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2016-0112 - 3 - Notice of Six (6) Month Development Agreement Duration The development agreement shall be signed by the property owner and returned to the City within six (6) months of the City Council granting annexation and/or rezone (UDC 11-5B-3D). A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the City if filed prior to the end of the six (6) month approval period (UDC 11-5B-3F). E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development application entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of December 20, 2016 (revised on March 14, 2017) By action of the City Council at its regular meeting held on the L day of 2017. COUNCIL PRESIDENT KEITH BIRD VOTED /& COUNCIL VICE PRESIDENT JOE BORTON VOTED Iut COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED Y& l COUNCIL MEMBER TY PALMER VOTED COUNCIL MEMBER LUKE CAVENER VOTED N COUNCIL MEMBER GENESIS MILAM VOTED MAYOR TAMMY de WEERD VOTED '- (TIE BREAKER) Mayor Tami V O�pORAT N qG Attest: u r t Ct Jay C61es 0 L ° City Clerk Copy served upon Applicant, The Planning Division, Public Works Department and City Attorney. By: Dated: City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2016-0112 -4- Exhibit A Movado Estates Subdivision AZ, PP (H-2016-0112) PAGE 1 STAFF REPORT HEARING DATE: December 20, 2016 (REVISED March 14, 2017) TO: Mayor and City Council FROM: Josh Beach, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: Movado Estates Subdivision - H-2016-0112 NOTE: The applicant received approval of a property boundary adjustment with Ada County prior to annexation of the property. With the reconfiguration of the property, the submitted annexation boundary and the proposed preliminary plat did not include the entire boundary of the Movado project. Staff informed the applicant of this discrepancy during the review of the project and placed a condition on the development that required the applicant to submit a new legal description and exhibit map and a new preliminary plat that incorporated the commercial portion of the development (approximately 11.56 acres) ten (10) days prior to the City Council hearing. The required documents were not submitted by the time requested by staff therefore; the project was inadvertently approved by City Council. The Legal Department has advised Planning staff that the Findings, Exhibit A, the recorded development agreement and the AZ ordinance must be amended and re-recorded to reflect the entire boundary as required by the City. Staff has updated the pertinent sections of Exhibit A to provide a clear and accurate record of the annexation and preliminary plat boundary. I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The applicant, DevCo, LLC, has submitted an application for annexation and zoning (AZ), and preliminary plat (PP) for Movado Estates Subdivision. The applicant proposes to annex and zone 102.69 acres of land from RUT in Ada County to the R-8 zoning district (58.64) and R-15 zoning district (44.05). The applicant also proposes a preliminary plat consisting of 430 single-family residential lots and 39 common lots and 9 other lots on approximately 102.69 acres in the R-8 and R-15 zoning districts. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed AZ & PP based on the Findings of Fact and Conclusions of Law in Exhibit D of this report. The Meridian Planning & Zoning Commission heard these items on October 20, 2016. At the public hearing, the Commission moved to recommend approval of the subject AZ and PP requests. a. Summary of Commission Public Hearing: i. In favor: Jim Conger, Applicant ii. In opposition: Lee Coulson, Mark Taylor, Dale Eldridge, Guy Beedle, Elvira Vansickel, Ross Boyack iii. Commenting: Lee Coulson, Mark Taylor, Dale Eldridge, Guy Beedle, Elvira Vansickle, Ross Boyack iv. Written testimony: None Exhibit A Movado Estates Subdivision AZ, PP (H-2016-0112) PAGE 2 v. Staff presenting application: Josh Beach vi. Other staff commenting on application: Bill Parsons b. Key issue(s) of Public Testimony: i. Increased traffic through the Muir Woods and Sutherland Farm Subdivision as a result of this proposed subdivision ii. The number of lots against existing homes iii. Potential for a continued pathway along the Ridenbaugh Canal iv. Lack of direct subdivision access to Cloverdale Road c. Key Issues of Discussion by Commission: i. Potential for continued pathway along the Ridenbaugh Canal ii. Timing of the pedestrian bridge over the Ridenabugh iii. Potential for a direct access to Cloverdale iv. 105 units in the gated portion versus the 100 that is allowed per code d. Commission Change(s) to Staff Recommendation: i. Modify condition 1.1.2(C) to read as follows: “The applicant shall be allowed to have 105 units within “The Village Cottages” portion of the subdivision, rather than the 100 that would otherwise be allowed by section 11-3F-4A.4 of the UDC.” ii. Modify condition 1.1.1 c to read as follows: – Applicant shall construct the pedestrian crossing over the Ridenbaugh Canal with Phase 5A as shown on Phasing Plan dated 09/07/2016. iii. Remove conditions 1.1.1 e and 1.1.2 d iv. Modify condition 1.1.1 f to read as follows: – The applicant shall construct an additional portion of 10-foot multi use pathway starting from the southwest corner of the property where Copper Point Way connects to the property and travels west adjacent to lots 89, 87, 84 of Block 2; then traveling north along Rolling Hills Avenue where it will then cross East Pewter Falls Drive; and continuing north adjacent to lot 20 of Block 1 where it will connect with the Regional Pathway on the south side of Eight Mile (Five Mile) Creek. v. Remove condition 1.1.2 c vi. Modify condition 1.1.3. a to read as follows: – Ridenbaugh Canal is required to be fenced with an open vision fence at least 6 feet in height and having an 11-guage, 2-inch mesh or other construction, equivalent in ability to deter access to the waterway in accord with UDC 11-3A-6B. vii. Modify condition 1.1.5 to read as follows: – A minimum 5-foot wide detached sidewalk shall be constructed along Cloverdale Road where none exists with phase 5A of the development and to coordinate with Nampa-Meridian Irrigation District and ACHD relocation of the Ridenbaugh Canal and Cloverdale Road improvements. e. Outstanding Issue(s) for City Council: i. The applicant requests to leave the Eight Mile Creek open. This requires Council approval. The Meridian City Council heard this item on December 20, 2016. At the public hearings, the Council moved to approve the AZ and PP requests. a. Summary of City Council Public Hearing: i. In favor: Jim Conger ii. In opposition: Lee Coulson, Vern Williams, Terrell Williams, Jason Attinger, iii. Commenting: Dale Eldridge, Vern Williams, Terrell Williams, Jason Attinger, iv. Written testimony: None v. Staff presenting application: Josh Beach vi. Other staff commenting on application: None b. Key Issues of Discussion by Council: Exhibit A Movado Estates Subdivision AZ, PP (H-2016-0112) PAGE 3 i. Why ACHD has not required a direct street connection to Cloverdale Road. ii. The increased vehicular traffic through existing subdivisions specifically to get children to the school on the east side of Cloverdale. iii. The number of increased trips though the existing Muir Woods Subdivision. iv. Whether the applicant will be reimbursed for realigning of the canal. III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to recommend approval of File Number H-2016-0112, as presented in the staff report for the hearing date of December 20, 2016, with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to recommend denial of File Number H-2016-0112, as presented during the hearing on December 20, 2016, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number H-2016-0112 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The site is located on the south side of E. Overland Road between S. Topaz Way and S. Cloverdale Road, in the NE ¼ of Section 21, Township 3 North, Range 1 East (Parcel S1121131500 and S1121141800). B. Applicant: DevCo, LLC 4824 W. Fairview Ave. Boise, ID 83706 C. Owner: William P. Bienapfl Jr. 2674 S. Andros Meridian, ID 83642 D. Representative: Conger Management Group 4824 W. Fairview Avenue Boise, ID 83706 E. Applicant's Statement/Justification: Please see applicant’s narrative for this information. V. PROCESS FACTS A. The subject application is for annexation and zoning, preliminary plat, alternative compliance and a private street. A public hearing is required before the Planning and Zoning Commission and City Council on the annexation and preliminary plat and c the Director is the decision maker on the alternative compliance and private street request, consistent with Meridian City Code Title 11, Chapter 5.B. Newspaper notifications published on: October 24 and November 14, 2016 Exhibit A Movado Estates Subdivision AZ, PP (H-2016-0112) PAGE 4 B. Newspaper notifications published on: October 24, 2016 and November 14, 2016 (Commission); November 28, 2016 and December 12, 2016 (Council) C. Radius notices mailed to properties within 300 feet on: October 20, 2016 (Commission); November 21, 2016 (Council) D. Applicant posted notice on site(s) on: November 4, 2016 (Commission); December 9, 2016 (Council) VI. LAND USE A. Existing Land Use(s): The site consists of a county residence and agricultural land, zoned RUT (Ada County). B. Character of Surrounding Area and Adjacent Land Use and Zoning: 1. North: E. Overland Road and single family homes in Rolling Hills Subdivision, zoned R1 in Ada County 2. East: Commercial property, zoned RUT in Ada County 3. South: Single family homes in the Muir Woods Subdivision, zoned R-1B in Boise and Sutherland Farm Subdivision, zoned R-4. 4. West: Commercial property in the Silverstone Business Park, zoned C-G History of Previous None C. Utilities: 1. Public Works: a. Location of sewer: Sanitary sewer mains intended to provide service to the subject site currently exists in E. Overland Road and adjacent to the west in the Silverstone Campus Subdivision. b. Location of water: Water mains intended to provide service to the subject site currently exist in E. Overland Road and adjacent to the west in the Silverstone Campus Subdivision. c. Issues or concerns: None D. Physical Features: 1. Canals/Ditches Irrigation: Eight Mile Creek traverses through the central portion of the property and the Ridenbaugh Canal runs along the southern border of the property. 2. Hazards: Staff is not aware of any hazards that exist on this site. 3. Flood Plain: A portion of the property lies within the flood plain. VII. COMPREHENSIVE PLAN The Comprehensive Plan Future Land Use Map (FLUM) designates this site as Medium Density Residential (MDR). MDR designated areas allow smaller lots for residential purposes within City limits. Uses may include single-family homes at gross densities of 3 to 8 dwelling units per acre (d.u./acre). Earlier this year, the Comprehensive Plan future land use map was amended to MU-R along the Overland Road frontage of this property. As part of that application, a concept plan was submitted and approved. (See Exhibit A.6) Exhibit A Movado Estates Subdivision AZ, PP (H-2016-0112) PAGE 5 The applicant proposes to develop this site with a mix of residential uses (single family detached, attached and a gated age restricted community) consisting of 430 single-family residential structures. The structures will be a mix of attached and detached single-family residential homes. The project will have a gross density of 4.19 dwelling units per acre (d.u./acre) and a net density of 5.59 d.u./acre, which is consistent with the density desired in MDR designated areas. Staff is also requiring that the applicant include the approximately 11.56 acre portion along Overland Road as part of this annexation and preliminary plat. The subject property is designated as Mixed-Use Regional on the Comprehensive Plan Future Land Use Map. As mentioned above, the applicant has submitted a concept plan. The applicant shall provide a revised annexation boundary that includes the area along Overland Road prior to the City Council hearing. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed use (staff analysis in italics): • “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.” (3.07.01E) The proposed single-family attached and detached dwellings will contribute to the variety of housing types available within the City. In addition to those uses proposed for this site, the Silverstone Apartments (a multi-family residential project) has been approved just to the north of this project along Overland Road. • “Permit new development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City.” (3.01.01F) City services are available and will be extended by the developer to the proposed lots upon development of the site in accord with UDC 11-3A-21. • “Require common area in all subdivisions.” (3.07.02F) The proposed plat depicts a total of 15.41 acres (or 15%) of qualified open space in accord with the requirements listed in UDC11-3G-3. • “Implement the City’s Pathways Master Plan.” (5.03.01A) A segment of the City’s multi-use pathway system is designated on the Master Pathways Plan on this site along the south side of the Eight Mile Creek. This segment of the pathway must be 10 feet wide and will be required to be paved in accord with UDC 11-3A-8 and landscaped in accord with UDC 11-3B-12. • “Review new development for appropriate opportunities to connect local roads and collectors to adjacent properties (stub streets). (3.03.020) The applicant proposes to connect to two (2) existing stub streets. Both stub streets are on the west side of the property, E. Copper Point Drive and E. Pewter Falls Street. • “Require pedestrian access connectors in all new development to link subdivisions together to promote neighborhood connectivity as part of a community pathway system.” (3.03.03B) The applicant will construct the 10-foot multi-use pathway along the south side of the Eight Mile Creek. The applicant is also proposing to connect the 10-foot multi use pathway to a proposed 5 foot wide attached sidewalk along N. Cloverdale Road. The applicant is also proposing 5-foot attached internal sidewalks that will connect to the previously mentioned existing stub streets. Exhibit A Movado Estates Subdivision AZ, PP (H-2016-0112) PAGE 6 • “Reduce the number of existing access points onto arterial streets by using methods such as cross access agreements, access management and frontage/backage roads.” (3.03.02N) The submitted plat depicts one access point to W. Overland Road as well as two stub streets on the west boundary. • “Require new residential development to meet development standards regarding landscaping, signage, fences and walls, etc.” (3.05.02C) Street buffer landscaping is required adjacent to E. Overland Road and S. Cloverdale Road in accord with the standards listed in UDC 11-3B-7C. Separate permits shall be obtained for signage and fencing in compliance with the standards listed in UDC 11-3D-5 and 11-3A-7C respectively. • “Coordinate with public works, police, and fire departments on proposed annexation and development requests, and the impacts on services.” (3.04.01H) Staff has coordinated with public works, police and fire and has incorporated their comments and conditions in this report. • “Improve and protect creeks (Five Mile, Eight Mile, Nine Mile, Ten Mile, South Slough, and Jackson and Evans Drainages) throughout commercial, industrial and residential areas.”(5.01.01E) The applicant is proposing to leave the Eight Mile Creek open, to provide fencing as required by the UDC, to install landscaping, and construct the regional pathway. The applicant’s request to leave the creek open requires approval by City Council. • “Ensure development provides safe routes and access to schools, parks and other community gathering places.” (3.07.02N) The applicant has provided a school routes exhibit as part of this application. Staff believes that the applicant shall provide a temporary pathway along the Eight Mile Creek as well as a pedestrian bridge over the Ridenbaugh canal with the third phase of development. This will help facilitate students getting to the elementary school on the east side of Cloverdale Road. For the above stated reasons, staff finds the proposed project is generally consistent with the goals and objectives in the Comprehensive Plan. VIII. UNIFIED DEVELOPMENT CODE A. Purpose Statement of Zones: Per UDC 11-2A-1, the purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian Comprehensive Plan. Connection to the City of Meridian water and sewer systems is a requirement for all residential districts. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. B. Schedule of Use: Unified Development Code (UDC) Table 11-2A-2 lists the permitted, accessory, conditional, and prohibited uses in the R-8 and R-15 zoning districts. The proposed single-family development is listed as a permitted use in both the R-8 and R-15 zoning districts. C. Dimensional Standards: The dimensional standards listed in UDC Table 11-2A-6 for the R-8 zoning district and UDC Table 11-2A-7 for the R-15 district applies to development of this site. Exhibit A Movado Estates Subdivision AZ, PP (H-2016-0112) PAGE 7 D. Landscaping Standards (UDC 11-3B): The standards for landscaping contained in UDC 11-3B apply to development of this site. E. Common Open Space & Site Amenity Requirements: Common open space and site amenities are required to be provided on the site in accord with the requirements listed in UDC 11-3G-3. F. Administrative Design Review: Single-family attached homes are required to apply for administrative design review prior to approval of a building permit. G. Parking: Age restricted homes with 2 or more bedrooms require 2 parking stalls, with at least one in an enclosed garage. Single-family homes require 2-4 bedrooms require 4 parking stalls, with two in an enclosed garage. IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: 1. Annexation & Zoning The applicant has applied for annexation and zoning of 102.69 acres of land with both R-8 and R- 15 zoning districts. As discussed above in Section VII, staff believes the proposed zoning designations are generally consistent with the policies in the Comprehensive Plan. The 11.56 acres of land not included in the original application shall be included in the annexation and shall be included as part of the preliminary plat. Ten (10) days prior to the City Council hearing, the applicant shall provide a revised legal description that includes the 11.56 acres of land not shown in the original application. The applicant proposes to develop 430 new single-family residential attached and detached homes as shown on the preliminary plat included in Exhibit A.2. The legal description submitted with the application, included in Exhibit C, shows the boundaries of the property proposed to be annexed. The property is contiguous to land that has been annexed into the City and is within the Area of City Impact boundary. The City may require a development agreement (DA) in conjunction with an annexation pursuant to Idaho Code section 67-6511A. In order to ensure the site develops as proposed with this application, staff recommends a DA as a provision of annexation with the provisions included in Exhibit B. 2. Preliminary Plat (PP) A PP consisting of 430 building lots and 39 common lots and 9 other lots in the R-8 and R-15 zoning district is proposed on 102.69 acres of land for Movado Estates Subdivision. A phasing plan was submitted with this application and is included in Exhibit A.2. The phasing plat submitted with the application indicates that the pedestrian crossing over the Ridenbaugh Canal will happen with phase 6A. Staff feels that the construction of the pedestrian pathway over the Ridenbaugh Canal shall occur prior to phase 6. Students will need to be able to get out to Cloverdale Road and to the existing Hawk signal. The applicant has submitted a pedestrian pathways plan (Exhibit A.7) and staff feels that including the pedestrian bridge and temporary pathway along the Eight Mile Creek will facilitate moving students to the school. Staff recommends that the applicant rework the phasing plan in order to accommodate the pedestrian crossing with the third phase. The applicant shall include the 11.56 acre portion of the property in this annexation and include it as a lot in the preliminary plat. Staff feels that the zoning for the site shall be C-G to align with the concept plan that was approved with the Silverstone Apartments project. Exhibit A Movado Estates Subdivision AZ, PP (H-2016-0112) PAGE 8 Existing Structures: There is an existing single-family home on this site. All existing structures that are required to be removed shall be removed prior to signature on the final plat by the City Engineer. Dimensional Standards: Development of this site is required to comply with the dimensional standards listed in UDC 11-2A-3 and Table 11-2A-6 for the R-8 zoning district and 11-2A-7 for the R-15 zoning district. Staff has reviewed the proposed plat and found it to be in compliance with those standards. A minimum 35-foot wide street buffer is required along E. Overland Road, a 25-foot wide landscape buffer is required along S. Cloverdale Road; and a 20-foot wide street buffer is required along S. Movado Way, a collector street. Block Length: The plat is required to comply with the block length standards listed in UDC 11- 6C-3F. Staff has reviewed the proposed plat and with the exception of the south east corner of the property, has found it to be in compliance with the aforementioned standards. The south east corner of the property is encumbered on three sides by significant irrigation facilities (Eight Mile Creek and Ridenbaugh Canal). These facilities greatly limit the ability to break up long block lengths. The applicant has provided two (2) pathway common lots to help in alleviating the problem. Common Drives: There are five common driveways proposed. The applicant is proposing Lots 153, 154, 155, and 156 of Block 2, to take access from a common driveway, Lots 120, 121, and 122, Block 2 to take access from a separate common driveway, lots 15, 16, 17, 18 and 19, Block 6 from one common driveway, Lots 82 and 86, Block 2 and Lots 87 and 91, Block 2 shall take access from two separate common driveways respectively, and Lots 71, 72 and 73 shall take access from a common driveway and Lots 48, 49 and 50 shall take access from a common driveway. Per UDC-11-6C-3D, common driveways shall serve a maximum of (6) dwelling unit. With the final plat application, the applicant must provide an exhibit that depicts the building envelope, setbacks and orientation of the lots and structures taking access from the common drives. Two (2) of the common driveways included in the plat are also being used as emergency access for the fire department (Lots 71, 72 and 73 and Lots 48, 49 and 50, Block 2). These two (2) common driveways shall be striped and signed as “No Parking.” Streets: The majority of the proposed streets depicted on the plat are public, with the exception of the streets through what the applicant is calling “The Village Cottages,” an age-restricted community.” These cottages will feature private streets with multiple common driveways. The homes are designed with shared common walls and abutting garages. With 105 residential home lots in The Village Cottages, the applicant has provided two gated entries for the residents, the main entrance off of the primary subdivisions Spine Road and a secondary on the west side with quick access to the existing Pewter Falls stub. The privates streets will be owned and operated by The Village Home Owners Association with repairs and maintenance paid for by association fees. Gates: The applicant is proposing to install two (2) gates to restrict vehicular movement to the private street to those who live within that area of the development. UDC 11-3F-4 allows gates to be installed, subject to the following standards: a. The proposed development shall be for residential uses. b. The proposed development shall have no more than fifty (50) dwelling units. c. The proposed development shall not restrict pedestrian and bicycle access along the private street. The proposed development shall provide unrestricted access to pedestrians and bicycles at a minimum of two (2) additional points within the proposed development. Exhibit A Movado Estates Subdivision AZ, PP (H-2016-0112) PAGE 9 d. The proposed development shall not restrict access to existing or planned multiuse pathways as shown in chapter 3 of the Meridian pathways master plan. e. The applicant shall provide access to the gate for emergency vehicles as determined and approved by the Meridian fire department and public works department. f. To allow sufficient stacking distance, the gate shall be located a minimum of fifty feet (50') back from the ultimate edge of right of way to the connecting public street. The applicant is requesting alternative compliance to allow for 105 homes on a private street, and also for a common driveway off of a private street. As noted in (C) above, code allows for up to fifty (50) dwelling units in a gated community and staff has interpreted this to allow for fifty (50 ) dwelling units per gate. The applicant has proposed two (2) gates for the community, so will be limited to (100) dwelling units imn the gated portion of the project. The applicant’s request to have a common driveway off of a private street is approved by the Director. As part of the Silverstone Apartments application, the applicant was required to provide a secondary access to E. Pewter Falls Street. In order to ensure that this access point remains viable for both the future multi-family development and the age- restricted housing, the applicant shall make this section of road public. This public road section would then likely require a turn-around. Prior to the Commission hearing, the applicant shall revise the site plan to meet these requirements. Access: Access to streets must comply with the standards listed in UDC 11-3A-3. Three public street accesses are proposed for this development; one via E. Overland Road and two on the west side of the development ( E. Copper Pointe Way and E. Pewter Falls Street) both local streets, as shown on the plat. In an effort to improve safety, the UDC (11-3A-3) limits access points to arterial streets by combining and/or limiting access points. In accord with this requirement, (and as proposed by the applicant), staff recommends there not be a direct connection to S. Cloverdale Road. There are some significant challenges with providing a direct access. Though staff has not yet received a staff report from ACHD, in an email they have indicated that they are not requiring a direct vehicular connection to Cloverdale Road. Though neither ACHD or City staff are requiring a vehicular connection to Cloverdale Road, the pedestrian connection to Cloverdale Road is essential for providing access to the elementary school on the west side of Cloverdale Road. According to the phasing plan submitted by the applicant, the pedestrian connection would not happen until the sixth phase. Depending on the timing of that phase, there could be upwards of 400 homes in the development before the pedestrian connection is constructed. The applicant shall revise the phasing plan to include the pedestrian connection in the third phase of the development. Stub Streets: There are 2 existing stub streets to this site; one via E. Pewter Falls Drive constructed with Silverstone Business Park, and one via E. Copper Pointe Way constructed with Sutherland Farm Subdivision. These stub streets are being extended with the subject project. No other stub streets are proposed or required with this development. Traffic Impact Study (TIS): ACHD required a TIS for this development. Though staff is awaiting a staff report from ACHD regarding this application, staff has received an email from ACHD’s staff indicating that they do not have any concerns with the proposed road network. . Exhibit A Movado Estates Subdivision AZ, PP (H-2016-0112) PAGE 10 Landscaping: Street buffer landscaping is required to be provided as set forth in UDC Tables 11- 2A-6 and 11-2A-7 as discussed above under Dimensional Standards. Landscaping within the street buffers should be provided in accord with the standards listed in UDC 11-3B-7C. Pathways: The Pathways Master Plan depicts a regional pathway on this site along the south side of the Eight Mile Creek. The applicant proposes to provide the extension of the regional pathway as an amenity for the proposed subdivision. The 10-foot multi-use pathway must be paved and landscaped in accord with the standards set forth in UDC 11-3A-8 and UDC 11-3B-12. There is an existing multi-use pathway that was created with the Sutherland Farm Subdivision. This pathway currently dead ends on the eastern property line of that subdivision and was not continued eastward through the Muir Woods Subdivision (Boise City). In order to continue this pathway through to Cloverdale Road, staff feels that the applicant should construct an additional portion of 10-foot multi Use pathway that starts at the south east corner of the property and runs through the proposed subdivision and through the park located at Lot 1, Block 3 to connect with the proposed multi-use pathway on the south side of the Eight Mile Creek. Waterways: The Eight Mile Creek bisects the property. The Eight Mile Creek lies within a 60- foot wide Nampa Meridian Irrigation District easement. The 10-foot multi-use pathway will be installed within the easement, and the applicant should coordinate with the irrigation district on maintenance of the common lots. The UDC (11-3A-6) requires all irrigation ditches, laterals, canals and drains to be piped unless left open as a water amenity (as defined in UDC 11-1A-1) or linear open space. The City Council may waive this requirement for large capacity facilities. The applicant requests a waiver from Council to allow the Eight Mile Creek and Ridenbaugh to remain open due to their large capacities. The applicant proposes to provide a bridge over the Eight Mile Creek for a vehicle/pedestrian crossing. The applicant also proposes to construct a pedestrian bridge across the Ridenbaugh Canal to facilitate pedestrian connection with the proposed sidewalk along S. Cloverdale Road. As mentioned above. This pedestrian connection should happen with the third phase to facilitate a “safe routes to school” crossing for the children. Fencing: The landscape plan proposes a variety of fence heights and materials. All of the proposed fencing shall comply with the requirements of UDC section UDC 11-3A-7. Existing Trees: The applicant is responsible to mitigate all existing healthy trees 4-inch caliper or greater that are removed from the site with equal replacement of the total calipers lost on site up to an amount of 100% replacement in accord with UDC 11-3B-10. The applicant will need to contact the City Arborist if any trees are to be removed. Sidewalks: A detached sidewalk exists along E. Overland Road however, there is existing gravel in between the existing curb and the sidewalk that must to be removed and the area vegetated with the first phase of this development. A detached sidewalk shall be constructed along the entire frontage of S. Cloverdale Road with the applicable phase of development. Landscaping, Open Space and Amenities: The applicant is proposing 15.41 acres (15%) of open space for the development. The applicant is also proposing eight (8) amenities for the subdivision that include a clubhouse, a pool, two (2) separate play structure, a water feature, an outdoor fitness facility, a picnic area and two sections of a multi-use pathway. The applicant is also proposing pedestrian pathways throughout the development (See Exhibit A.4 below); several play fields and other non-qualified amenities. The proposed amenities appear to meet the requirements for common open space and site amenities set forth UDC 11-3G. The Village Cottages portion of the development is age restricted and will be for residents 55 years of Exhibit A Movado Estates Subdivision AZ, PP (H-2016-0112) PAGE 11 age and older. The clubhouse and open space provided for that portion of the project will be for the sole use of the residents within that gated portion. The residents who live within the gated portion of the development will however be able to use the open space and amenities in the overall development. Utilities: Street lighting is required to be installed within the development in accord with the City’s adopted standards, specifications and ordinances. All development is required to connect to the City water and sewer system unless otherwise approved by the City Engineer in accord with UDC 11-3A-21. Pressurized Irrigation: An underground pressurized irrigation system is required to be provided for the development in accord with UDC 11-3A-15 as proposed. Storm Drainage: An adequate storm drainage system is required in all developments in accord with the City’s adopted standards, specifications, and ordinances, per UDC 11-3A-18. Building Elevations: The applicant has submitted some conceptual sample building elevations for future homes in this development, included in Exhibit A.5 Building materials appear to consist of a mix of board and batten and horizontal lap siding and stone accents. The applicant has proposed three (3) distinct product types with the application One product type for the village cottages portion of the development, and two (2) other for both the R-15 and R-8 portion of the Movado portion of the project. Each product type uses similar materials, but varies in style. Staff is supportive of the proposed elevations. Because homes on lots that back up to S. Cloverdale Road will be highly visible, staff recommends the rear or sides of structures on lots that face the street incorporate articulation through changes in materials, color, modulation, and architectural elements (horizontal and vertical) to break up monotonous wall planes and roof lines. In addition, the attached single-family homes will be subject to design review (see below.) Design Review (DES): A CZC and DES application is required to be submitted prior to issuance of building permits for the single family attached homes. With the submittal of the DES application, the applicant shall submit a master site plan that designates the design, color schemes and variations for each unit. The applicant must comply with the design standards listed in UDC 11-3A-19 and the guidelines contained in the Architectural Standards Manual. Staff recommends approval of the subject applications with the conditions listed in Exhibit B per the Findings in Exhibit D. X. EXHIBITS A. Drawings 1. Vicinity Map 2. (REVISED) Preliminary Plat (dated: 10/11/2016) 3. Landscape Plan (dated: 09/07/2016) 4. Pathways Plan 5. Conceptual Building Elevations 6. Conceptual Development Plan Approved with Silverstone Apartments 7. Pedestrian Pathways Plan B. Agency Comments/Conditions of Approval Exhibit A Movado Estates Subdivision AZ, PP (H-2016-0112) PAGE 12 1. Planning Division 2. Public Works Department 3. Fire Department 4. Police Department 5. Sanitary Service Company 6. Ada County Highway District 7. Parks Department C. (REVISED) Legal Descriptions and Exhibit Maps for Proposed Annexation D. Required Findings from Unified Development Code Exhibit A Movado Estates Subdivision AZ, PP (H-2016-0112) PAGE 13 Exhibit A.1: Vicinity Map Subject Property Exhibit A Movado Estates Subdivision AZ, PP (H-2016-0112) PAGE 14 Exhibit A.2: (REVISED) Preliminary Plat (dated: 10/11/2016) Exhibit A Movado Estates Subdivision AZ, PP (H-2016-0112) PAGE 15 Exhibit A Movado Estates Subdivision AZ, PP (H-2016-0112) PAGE 16 Exhibit A.3: Landscape Plan (dated: 09/07/2016) Exhibit A Movado Estates Subdivision AZ, PP (H-2016-0112) PAGE 17 Exhibit A Movado Estates Subdivision AZ, PP (H-2016-0112) PAGE 18 Exhibit A Movado Estates Subdivision AZ, PP (H-2016-0112) PAGE 19 Exhibit A Movado Estates Subdivision AZ, PP (H-2016-0112) PAGE 20 Exhibit A.4: Pathways Plan Exhibit A Movado Estates Subdivision AZ, PP (H-2016-0112) PAGE 21 Exhibit A.5: Conceptual Building Elevations Exhibit A Movado Estates Subdivision AZ, PP (H-2016-0112) PAGE 22 Exhibit A Movado Estates Subdivision AZ, PP (H-2016-0112) PAGE 23 Exhibit A Movado Estates Subdivision AZ, PP (H-2016-0112) PAGE 24 Exhibit A Movado Estates Subdivision AZ, PP (H-2016-0112) PAGE 25 Exhibit A.6 Conceptual Development Plan Approved with Silverstone Apartments Exhibit A Movado Estates Subdivision AZ, PP (H-2016-0112) PAGE 26 Exhibit A.7 Pedestrian Pathways Plan Exhibit A Movado Estates Subdivision AZ, PP (H-2016-0112) PAGE 27 B. Agency Comments/Conditions 1. PLANNING DEPARTMENT 1.1 Site Specific Conditions of Approval 1.1.1 A Development Agreement (DA) is required as a provision of annexation of this property. Prior to the annexation ordinance approval and the acceptance of a final plat application, a DA shall be entered into between the City of Meridian, the property owner(s) at the time of annexation ordinance adoption, and the developer. Currently, a fee of $303.00 shall be paid by the applicant to the Planning Division prior to commencement of the DA. The DA shall be signed by the property owner and returned to the City within six months of the City Council granting annexation. The DA shall, at minimum, incorporate the following provisions: a. Future development of this site shall be consistent with the preliminary plat, landscape plan and building elevations attached in Exhibit A and the revisions noted in the staff report. The 11.56 acres of land not included in the original application shall be included in the annexation and shall be included as part of the preliminary plat. Ten (10) days prior to the City Council hearing, the applicant shall provide a revised legal description that includes those 11.56 acres of land not shown in the original application. b. All existing structures on the property shall be removed prior to the City’s Engineer’s signature on the final plat. c. Applicant shall construct the pedestrian crossing over the Ridenbaugh Canal with Phase 5A as shown on Phasing Plan dated 09/07/2016. The applicant shall revise the phasing plan and construct the pedestrian crossing over the Ridenbaugh Canal with the third phase of development and shall submit the revised copy of the phasing plan to staff at least ten (10) days prior to City Council d. Two (2) of the common driveways included in the plat are also being used as emergency access for the fire department (Lots 71, 72 and 73 and Lots 48, 49 and 50, Block 2). These two (2) common driveways shall be striped and signed as “No Parking.” e. As part of the Silverstone Apartments application, the applicant was required to provide a secondary access to E. Pewter Falls Street. In order to ensure that this access point remains viable for both the future multi-family development and the age-restricted housing, the applicant shall make this section of road public. f. The applicant shall construct an additional portion of 10-foot multi use pathway starting from the southwest corner of the property where Copper Point Way connects to the property and travels west adjacent to lots 89, 87, 84 of Block 2; then traveling north along Rolling Hills Avenue where it will then cross East Pewter Falls Drive; and continuing north adjacent to lot 20 of Block 1 where it will connect with the Regional Pathway on the south side of Eight Mile (Five Mile) Creek. The applicant shall construct an additional portion of 10-foot multi Use pathway that starts at the south east corner of the property and runs through the proposed subdivision and through the park located at Lot 1, Block 3 to connect with the proposed multi-use pathway on the south side of the Eight Mile Creek. g. The applicant shall comply with the submitted home elevations attached in Exhibit A.5. The rear and/or side of structures that face E. Cloverdale Road (Lots 25-31, Block 2) shall Exhibit A Movado Estates Subdivision AZ, PP (H-2016-0112) PAGE 28 incorporate articulation through changes in two or more of the following: modulation (e.g. – projections, recesses, step-backs, pop-outs), bays, banding, porches, balconies, material types or other integrated architectural elements to break up monotonous wall planes and roof lines that are visible from the subject public street. Single-story structures are exempt from this requirement. h. The applicant shall obtain a waiver from City Council to UDC 11-3A-6A in order for the Eight Mile Creek and Ridenbaugh Canal to remain open and not be piped due to the large capacity of their facilities. If a waiver is not obtained, the waterway is required to be piped. i. The 35 foot landscape buffer along W. Overland Road and the 20 foot landscape buffer along S. Movado Way must be constructed with the first phase of development. j. Construct the entire landscape buffer along W. Overland Road, including replacing the existing gravel with vegetation in accord with UDC 11-3B-7C; k. The applicant shall construct the entry gatehouse and monuments as proposed. 1.1.2 The preliminary plat, dated 10/11/2016, is approved with the following changes: a. With submission of the final plat application, the applicant must provide an exhibit that depicts the building envelope, setbacks and orientation of the lots and structures taking access to a common driveway. b. Provide a Lot and Block number for all private streets included on the preliminary plat. c. Per UDC 11-3F-4A.4, the proposed development shall have no more than fifty (50) dwelling units. Staff has made an interpretation that fifty (50) residential units will be allowed per gate. The applicant has proposed two (2) gates for “The Village Cottages”, so 100 units are allowed on the private street. At least (10) days prior to the City Council hearing, the plat shall be revised to meet this requirement. The applicant shall be allowed to have 105 units within “The Village Cottages” portion of the subdivision, rather than the 100 that would otherwise be allowed by section 11-3F-4A.4 of the UDC. d. The north/south segment of roadway along the west boundary that connects E. Pewter Falls Street and the Silverstone Apartments shall be constructed as a public street. e. The private road shall meet the requirements of UDC 11-3F-4 (see analysis above in section IX). f. The gate shall meet the requirements of UDC 11-3F-4 (see analysis above in section IX). g. A DES application is required to be submitted prior to issuance of building permits for the single-family attached homes. With the submittal of the DES application, the applicant shall submit a master site plan that designates the design, color schemes and modulation for each unit. The applicant must comply with the design standards in the Architectural Standards Manual. h. Direct lot access to S. Movado Way, S. Cloverdale Road, and W. Overland Road is prohibited. 1.1.3 The landscape plan included in Exhibit A.3, dated 09/07/2016, shall be revised as follows: a. The applicant shall construct an additional portion of 10-foot multi use pathway starting from the southwest corner of the property where Copper Point Way connects to the property and travels west adjacent to lots 89, 87, 84 of Block 2; then traveling north along Rolling Hills Avenue where it will then cross East Pewter Falls Drive; and continuing north adjacent to lot 20 of Block 1 where it will connect with the Regional Exhibit A Movado Estates Subdivision AZ, PP (H-2016-0112) PAGE 29 Pathway on the south side of Eight Mile Creek. The Eight Mile Creek and Ridenbaugh Canal are required to be fenced with an open vision fence at least 6 feet in height and having an 11-guage, 2-inch mesh or other construction, equivalent in ability to deter access to the waterway in accord with UDC 11-3A-6B. b. If any of the existing trees on the site are proposed to be removed, the applicant should contact Elroy Huff, City Arborist, at 888-3579 to schedule an appointment to confirm mitigation requirements prior to removal of any trees on the site. Any existing trees proposed to be retained on-site should be noted on the plan. c. Landscaping is required adjacent to the multi-use pathway along the south side of the Eight Mile Creek in accord with the standards listed in UDC 11-3B-12C. If the Irrigation District will not allow landscaping within their easement, provide an additional 5 feet outside of the easement for landscaping. d. A 35 foot wide landscape buffer is required along E. Overland Road and a 25 foot wide landscape buffer is required along S. Cloverdale Road. The landscape buffers shall be constructed in accord with UDC 11-3B-7. e. A segment of the City’s multi-use pathway system is designated on the Master Pathways Plan on this site along the south side of the Eight Mile Creek. This segment of the pathway must be 10 feet wide and will be required to be paved in accord with UDC 11-3A-8 and landscaped in accord with UDC 11-3B-12. 1.1.4 The final plat shall substantially comply with the approved preliminary plat in accord with the requirements listed in UDC 11-6B-3C. 1.1.5 A minimum 5-foot wide detached sidewalk shall be constructed along Cloverdale Road where none exists with phase 5A of the development and to coordinate with Nampa- Meridian Irrigation District and ACHD relocation of the Ridenbaugh Canal and Cloverdale Road improvements. A minimum 5-foot wide detached sidewalk shall be constructed along Cloverdale Road where none exists with the third phase of this development. 1.1.6 The shall provide at a minimum 15.41 acres (15%) of open space for the development, eight (8) amenities for the subdivision that include a clubhouse, a pool, two (2) separate play structure, a water feature, an outdoor fitness facility, a picnic area and two sections of a multi-use pathway. The applicant is also proposing pedestrian pathways throughout the development (See Exhibit A.4 below); several play fields and other non-qualified amenities. The proposed amenities appear to meet the requirements for common open space and site amenities set forth UDC 11-3G. 1.1.7 The architecture single-family attached portion of the development shall tie in with that of the single-family detached residential portion of the development in accord with the guidelines listed in the Meridian Architectural Standards Manual. 1.2 General Conditions of Approval 1.2.1 Comply with all bulk, use, and development standards of the applicable district listed in UDC Chapter 2 District regulations. 1.2.2 Comply with all provisions of 11-3A-3 with regard to access to streets. 1.2.3 Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set forth in UDC 11-3A-6. 1.2.4 Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11-3A- 15, UDC 11-3B-6 and MCC 9-1-28. 1.2.5 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-3B-5J. Exhibit A Movado Estates Subdivision AZ, PP (H-2016-0112) PAGE 30 1.2.6 Construct all off-street parking areas consistent with the standards as set forth in UDC 11-3C-6 for single-family dwellings. 1.2.7 Construct the required landscape buffers consistent with the standards as set forth in UDC 11-3B- 7C. 1.2.8 Comply with all subdivision design and improvement standards as set forth in UDC 11-6C-3, including but not limited to cul-de-sacs, common driveways, easements, blocks, street buffers, and mailbox placement. 1.2.9 Protect any existing trees on the subject property that are greater than four-inch caliper and/or mitigate for the loss of such trees as set forth in UDC 11-3B-10. 1.2.10 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle. 1.3 Ongoing Conditions of Approval 1.3.1 The applicant and/or assigns shall have the continuing obligation to provide irrigation that meets the standards as set forth in UDC 11-3B-6 and to install and maintain all landscaping as set forth in UDC 11-3B-5, UDC 11-3B-13 and UDC 11-3B-14. 1.3.2 All common open space and site amenities shall be maintained by an owner's association as set forth in UDC 11-3G-3F1. 1.3.3 The project is subject to all current City of Meridian ordinances and previous conditions of approval associated with this site. 1.3.4 The applicant and/or property owner shall have an ongoing obligation to prune all trees to a minimum height of six feet above the ground or sidewalk surface to afford greater visibility of the area. 1.3.5 The applicant has a continuing obligation to comply with the outdoor lighting provisions as set forth in UDC 11-3A-11. 1.3.6 The applicant and/or property owner shall have an ongoing obligation to maintain all landscaping and constructed features within the clear vision triangle consistent with the standards in UDC 11- 3A-3. 1.4 Process Conditions of Approval 1.4.1 No signs are approved with this application. Prior to installing any signs on the property, the applicant shall submit a sign permit application consistent with the standards in UDC Chapter 3 Article D and receive approval for such signs. 1.4.2 The applicant shall complete all improvements related to public life, safety, and health as set forth in UDC 11-5C-3B. A surety agreement may be accepted for other improvements in accord with UDC 11-5C-3C. 1.4.3 The final plat, and any phase thereof, shall substantially comply with the approved preliminary plat as set forth in UDC 11-6B-3C2. 1.4.4 The applicant shall obtain approval for all successive phases of the preliminary plat within two years of the signature of the City Engineer on the previous final plat as set forth in UDC 11-6B- 7B (if applicable). 1.4.5 The preliminary plat approval shall be null and void if the applicant fails to either 1) obtain the City Engineer signature on a final plat within two years; or, 2) gain approval of a time extension as set forth in UDC 11-6B-7. Exhibit A Movado Estates Subdivision AZ, PP (H-2016-0112) PAGE 31 1.4.6 Upon installation of the landscaping and prior to inspection by Planning Division staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A. 2. PUBLIC WORKS DEPARTMENT 2.1 Site Specific Conditions of Approval 2.1.1 Increase the size of the water main in Movado Way to a 12-inch from Overland Road to Pewter Falls Drive. Increase the size of the water main in Copper Pointe Way to a 12-inch from the west subdivision boundary to Hill’s Place Avenue. Connect a water main from the Copper Point Way and Movado Avenue intersection through the common area to the Copper Pointe and Stolle Avenue intersection. Connect a water main through the private drive from the E. Pewter Falls and S. Hills Place Avenue intersection to the north subdivision boundary at the Silverstone Apartment project to the NW. 2.1.2 Applicant shall coordinate 24/7 access with the Meridian Public Works Department for the Village Cottages. This is critically important since this area will have gated private access. 2.2 General Conditions of Approval 2.2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service outside of a public right-of-way. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2.2 Per Meridian City Code (MCC), the applicant shall be responsible to install sewer and water mains to and through this development. 2.2.3 The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian’s standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement (marked EXHIBIT A) and an 81/2” x 11” map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted, reviewed, and approved prior to signature of the final plat by the City Engineer. 2.2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 9-2-28C1). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. 2.2.5 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. Any structures that are allowed to remain shall be subject to evaluation and possible reassignment of street addressing to be in compliance with MCC. 2.2.6 All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. In performing such work, the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. Exhibit A Movado Estates Subdivision AZ, PP (H-2016-0112) PAGE 32 2.2.7 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at (208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 2.2.8 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections (208)375-5211. 2.2.9 Street signs are to be in place, sanitary sewer and water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.2.10 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, etc., prior to signature on the final plat. 2.2.11 All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 2.2.12 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 2.2.13 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.2.15 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.2.16 All grading of the site shall be performed in conformance with MCC 11-1-4B. 2.2.17 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.2.18 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 2.2.19 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.2.20 At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.2.21 Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting (http://www.meridiancity.org/public_works.aspx?id=272). All street lights shall be installed at developer’s expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. The contractor’s Exhibit A Movado Estates Subdivision AZ, PP (H-2016-0112) PAGE 33 work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. 2.2.22 The City of Meridian requires that the owner post to the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water and reuse infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 2.2.23 The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-221. 3. FIRE DEPARTMENT 3.1 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department in accordance with International Fire Code Section (IFC) 508.5.4 as follows: a. Fire hydrants shall have the 4 ½” outlet face the main street or parking lot drive aisle. b. Fire hydrants shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on corners when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10’. f. Fire hydrants shall be placed 18” above finished grade to the center of the 4 ½” outlets. g. Fire hydrants shall be provided to meet the requirements of IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 3.2 All entrances, internal roads, drive aisles, and alleys shall have a turning radius of 28’ inside and 48’ outside, per International Fire Code Section 503.2.4. 3.3 All common driveways shall be straight or have a turning radius of 28’ inside and 48’ outside and have a clear driving surface of 20’ in width capable of supporting an imposed weight of 75,000 GVW, per International Fire Code Section 503.2. 3.4 Provide signage (“No Parking Fire Lane”) for all fire lanes in accordance with International Fire Code Sections 503.4 & D103.6. 3.5 Ensure that all yet undeveloped parcels are maintained free of combustible vegetation as set forth in International Fire Code Section 304.1.2. 3.6 Fire lanes, streets, and structures (including the canopy height of mature trees) shall have a vertical clearance of 13’6 as set forth in International Fire Code Section 503.2.1. 3.7 Operational fire hydrants, temporary or permanent street signs, and access roads with an all weather surface are required to be installed before combustible construction material is brought onto the site, as set forth in International Fire Code Section (IFC) 501.4 and Meridian amendment to IFC 10-4-2J. 3.8 All portions of the buildings located on this project must be within 150’ of a paved surface as measured around the perimeter of the building as set forth in International Fire Code Section Exhibit A Movado Estates Subdivision AZ, PP (H-2016-0112) PAGE 34 503.1.1. 3.9 Emergency response routes and fire lanes shall not be allowed to have traffic calming devices installed without prior approval of the Fire Code Official. National Fire Protection Standard 1141, Section A5.2.18. 4. POLICE DEPARTMENT 4.1 The Police Department has no concerns related to the site design submitted with the application. 5. REPUBLIC SERVICES 5.1 The applicant shall contact Bob Olson, Republic Services, at 208-345-1265 or rolson@republicservices.com to obtain approval of the dumpster locations on the single- family residential portion of the site. 6. PARKS DEPARTMENT 6.1 The Park’s Department has no comments on this application. 7. ADA COUNTY HIGHWAY DISTRICT SITE SPECIFIC CONDITIONS OF APPROVAL 7.1.1 Enter into a cooperative development agreement with ACHD for the relocation of the Ridenbaugh Canal, including earthwork, lining and design of the canal abutting Cloverdale Road. 7.1.2 Construct a right turn lane on Overland Road at the intersection with Movado Way. Coordinate with ACHD staff on the design of the right turn lane and dedicate the right-of-way. 7.1.3 Widen the pavement on Cloverdale Road to a minimum of 17-feet from centerline plus a 3-foot wide gravel shoulder adjacent to the entire site. 7.1.4 Construct sidewalk along Cloverdale Road abutting the site after the canal relocation and provide a license agreement, including a hold harmless clause, for the foot bridge located within ACHD right-of-way. 7.1.5 Dedicate approximately 120-feet of right-of-way from the centerline of Cloverdale Road. As the canal relocation is associated with the widening of Cloverdale Road listed in the Capital Improvements Plan, the applicant shall be compensated for the right-of-way dedication. 7.1.6 Construct Movado Way to intersect Overland Road, located 1,625-feet (0.31-miles) west of Cloverdale Road. 7.1.7 Construct Movado Way as a 33-foot street section with vertical curb and gutter, 8-foot wide planter strips and 5-foot wide detached concrete sidewalk. Provide approval from the Meridian fire department for the reduced street section. 7.1.8 Provide 35-feet of deeded right of way and a sidewalk easement that extends a minimum of 2-feet beyond the back edge of the sidewalk for Movado Way. 7.1.9 Construct Movado Way with a 13-foot wide median, two 20½-foot travel lanes with vertical curb and gutter, 8-foot wide planter strips and 5-foot wide detached concrete sidewalk at the proposed entry gatehouse and monument. Provide a license agreement, including a hold harmless clause, for the landscaping and structure located within the right-of-way. Exhibit A Movado Estates Subdivision AZ, PP (H-2016-0112) PAGE 35 7.1.10 Construct the internal local streets as 33-foot street sections, with curb gutter and 5-foot wide concrete sidewalk. Provide approval from the Meridian fire department for the reduced street section. 7.1.11 Provide a sidewalk easement (or deeded right-of-way) that extends a minimum of 2-feet beyond the back edge of the sidewalk for all local streets internal to the site. 7.1.12 Construct all cul-de-sacs to provide a minimum turning radius of 45-feet. 7.1.13 Extend both stub streets (Pewter Falls Street and Copper Point Drive/Knapp Avenue) into the site and taper down to 33-foot street sections. 7.1.14 Construct a private gated drive isle off Movado Way located 380-feet south of the proposed Axor Drive. Locate the proposed gate a minimum of 50-feet from the edge of pavement on Movado Way, and provide a turnaround. 7.1.15 Construct a private road off Pewter Falls accessing the Silverstone Apartments. The applicant should not be allowed to gate the private road. 7.1.16 Payment of impacts fees are due prior to issuance of a building permit. 7.1.17 Comply with all Standard Conditions of Approval. STANDARD CONDITION OF APPROVAL 7.2.1 All proposed irrigation facilities shall be located outside of the ACHD right-of-way (including all easements). Any existing irrigation facilities shall be relocated outside of the ACHD right-of-way (including all easements). 7.2.2 Private Utilities including sewer or water systems are prohibited from being located within the ACHD right-of-way. 7.2.3 In accordance with District policy, 7203.3, the applicant may be required to update any existing non-compliant pedestrian improvements abutting the site to meet current Americans with Disabilities Act (ADA) requirements. The applicant’s engineer should provide documentation of ADA compliance to District Development Review staff for review. 7.2.4 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 7.2.5 A license agreement and compliance with the District’s Tree Planter policy is required for all landscaping proposed within ACHD right-of-way or easement areas. 7.2.6 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.2.7 It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-811-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 7.2.8 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District’s Utility Coordinator at 387-6258 (with file numbers) for details. standard conditions of approval. 7.2.9 All design and construction shall be in accordance with the ACHD Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Exhibit A Movado Estates Subdivision AZ, PP (H-2016-0112) PAGE 36 Standards unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 7.2.10 Construction, use and property development shall be in conformance with all applicable requirements of ACHD prior to District approval for occupancy. 7.2.11 No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant’s authorized representative and an authorized representative of ACHD. The burden shall be upon the applicant to obtain written confirmation of any change from ACHD. 7.2.12 If the site plan or use should change in the future, ACHD Planning Review will review the site plan and may require additional improvements to the transportation system at that time. Any change in the planned use of the property which is the subject of this application, shall require the applicant to comply with ACHD Policy and Standard Conditions of Approval in place at that time unless a waiver/variance of the requirements or other legal relief is granted by the ACHD Commission. Exhibit A Movado Estates Subdivision AZ, PP (H-2016-0112) PAGE 37 C. (REVISED) Legal Descriptions and Exhibit Maps for Proposed Annexation Exhibit A Movado Estates Subdivision AZ, PP (H-2016-0112) PAGE 38 Exhibit A Movado Estates Subdivision AZ, PP (H-2016-0112) PAGE 39 Exhibit A Movado Estates Subdivision AZ, PP (H-2016-0112) PAGE 40 Exhibit A Movado Estates Subdivision AZ, PP (H-2016-0112) PAGE 41 Exhibit A Movado Estates Subdivision AZ, PP (H-2016-0112) PAGE 42 Exhibit A Movado Estates Subdivision AZ, PP (H-2016-0112) PAGE 43 Exhibit A Movado Estates Subdivision AZ, PP (H-2016-0112) PAGE 44 Exhibit A Movado Estates Subdivision AZ, PP (H-2016-0112) PAGE 45 Exhibit A Movado Estates Subdivision AZ, PP (H-2016-0112) PAGE 46 Exhibit A Movado Estates Subdivision AZ, PP (H-2016-0112) PAGE 47 D. Required Findings from Unified Development Code 1. Annexation & Zoning Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: a. The map amendment complies with the applicable provisions of the Comprehensive Plan; Council finds the proposed annexation with the C-G, R-8 and R-15 zoning districts as shown in Exhibit C is consistent with the MU-R and MDR future land use designations. b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; Council finds that the proposed map amendment to the C-G, R-8 and R-15 zoning districts is consistent with the purpose statement of the districts and the proposed uses will provide a needed service to area residents. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; Council finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare if the applicant complies with conditions outlined in this report. However, Council considers any oral or written testimony that may be provided when determining this finding. d. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, Council finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. e. The annexation is in the best of interest of the City (UDC 11-5B-3.E). Per the above findings, Council finds the proposed annexation is in the best interest of the City if the applicant enters into a development agreement and complies with all recommended DA provisions in Exhibit B. 2. PRELIMINARY PLAT: 1. Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: a. The plat is in conformance with the Comprehensive Plan; Council finds that the proposed plat with 430 residential building lots, 1 commercial building lot, 40 common lots and 9 other lots is in substantial compliance with the adopted Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section VII, of the Staff Report for more information. Exhibit A Movado Estates Subdivision AZ, PP (H-2016-0112) PAGE 48 b. Public services are available or can be made available and are adequate to accommodate the proposed development; Council finds that public services will be provided to the subject property upon development. (See Exhibit B of the Staff Report for more details from public service providers.) c. The plat is in conformance with scheduled public improvements in accord with the City’s capital improvement program; Because City water and sewer and any other utilities will be provided by the development at their own cost, Council finds that the subdivision will not require the expenditure of capital improvement funds. d. There is public financial capability of supporting services for the proposed development; Council relies upon comments from the public service providers (i.e., Police, Fire, ACHD, etc.) to determine this finding. (See Exhibit B for more detail.) e. The development will not be detrimental to the public health, safety or general welfare; and Council is not aware of any health, safety, or environmental problems associated with the platting of this property. ACHD considers road safety issues in their analysis. The Council considers any public testimony that may be presented when determining whether or not the proposed subdivision may cause health, safety or environmental problems of which Council is unaware. f. The development preserves significant natural, scenic or historic features. Council is unaware of any natural, scenic or historic features on this site. Therefore, Council finds that the proposed development will not result in the destruction, loss or damage of any natural, scenic or historic feature(s) of major importance. The Council referenced any public testimony that may be presented to determine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of major importance of which staff is unaware. 3. PRIVATE STREET: In order to approve the application, the director shall find the following: a. The design of the private street meets the requirements of this article; Council finds that that the design of the private street meets the requirements of the UDC. b. Granting approval of the private street would not cause damage, hazard, or nuisance, or other detriment to persons, property, or uses in the vicinity; and Council finds that the private street would not cause damage, hazard, or nuisance or other detriment to persons, property, or uses in the vicinity. c. The use and location of the private street shall not conflict with the comprehensive plan and/or the regional transportation plan. Council finds that the use and location of the private street will not conflict with the comprehensive plan or regional transportation plan. d. The proposed residential development (if applicable) is a mew or gated development. Council finds that the proposed development is a gated community. Exhibit A Movado Estates Subdivision AZ, PP (H-2016-0112) PAGE 49 4. ALTERNATIVE COMPLIANCE FINDINGS: In order to grant approval for alternative compliance, the director shall determine the following findings: 1. Strict adherence or application of the requirements is not feasible; OR The Director finds the gated access and the common drives off of the private street are not desired however; as it is currently designed, it does support a growing need for additional housing options within the City. 2. The alternative compliance provides an equal or superior means for meeting the requirements; and The Director finds the alternative compliance provides an equal means for meeting the City’s private street standards. The private street standards are set forth in UDC 11-3F. The applicant is requesting to allow a common driveway off of a private street, which the UDC specifically disallows, as well as to have 105 units on a gated private street rather than the 100 that is allowed per the UDC. With the blessing of the Fire Department, staff believes that the proposed development can accommodate the common driveways off of a private street. Staff does not feel, however, that increasing the number of homes on a gated private street provides an equal or meeting of the requirements of the UDC. 3. The alternative means will not be materially detrimental to the public welfare or impair the intended uses and character of the surrounding properties. The Director finds that the proposed alternative for the common driveway off of a private street will not be detrimental to the public welfare or impair the use/character of the surrounding properties. The Director finds that the proposed 105 units inside a gated, private street will be detrimental to the public welfare and impair the use/character of the surrounding properties. Meridian City Council Meeting DATE: March 14, 2017 ITEM NUMBER: 4L PROJECT NUMBER: H-2017-0006 ITEM TITLE: Handy Wholesale Products 11q Resolution No.: A Resolution (Handy Wholesale Products - H-2017-0006) for the Vacation of the 20 -foot wide public utility, drainage and irrigation easement platted along the north boundary of Lot 7, Block 2 of Meridian Business Park Subdivision, located at 710 E. King Street, in the SE'/4 of Section 7, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho MEETING NOTES u✓ APPROVED 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 2017-025957 BOISE IDAHO Pgs=5 HEATHER LUTHER 03/29/2017 10:23 AM CITY OF MERIDIAN, IDAHO NO FEE CITY OF MERIDIAN RESOLUTION NO. /-7— /0 b BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, MILAM, PALMER, LITTLE ROBERTS A RESOLUTION VACATING THE 20 -FOOT WIDE PUBLIC UTILITY, DRAINAGE AND IRRIGATION EASEMENT PLATTED ALONG THE NORTH BOUNDARY OF LOT 17, BLOCK 2 OF MERIDIAN BUSINESS PARK SUBDIVISION LOCATED AT 7.10 E. KING STREET, IN THE SE 11 OF SECTION 7, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. GRANTEE: CITY OF MERIDIAN. GRANTOR: CLAY AND KRISTINE HANDY,... WHEREAS, on February 28, 2017 the City Council of the City of Meridian, held a hearing on the vacation of the 20 -foot wide public utility, drainage and irrigation easement platted along the north boundary of Lot 7, Block 2 of Meridian Business Park Subdivision, as shown in the attached Exhibit "A"; and WHEREAS, the subject property is at 710 E. King Street, in the SE 1/4 of Section 7, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho; and WHEREAS, after such hearing, the City Council, by formal motion, did approve said described vacation. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That the 20 -foot wide public utility, drainage and irrigation easement platted along the north boundary of Lot 7, Block 2 of Meridian Business Park Subdivision, located at 710 E. King Street, in the SE 1/4 of Section 7, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho is hereby vacated. A copy of the necessary relinquishment is attached as Exhibit "A". Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approval. PASSED by the City Council of the City of Meridian Idaho, this !L day of March, 2017. HANDY WHOLESALE PRODUurs — H-2017-0006 PAGE I OF 2 APPROVED by the Mayor of the City of Meridian, Idaho, this A day of March, 2017: ATTEST: By. (&y Col4yity Clerk STATE OF IDAHO, ss County of Ada Mayor Tai de Weerd On this I0 day of, H aY Cb , 2017, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD and CJAY COLES, known to me to be the Mayor and City Clerk, respectively,, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City, of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set i-ny hand and affixed my official seal the day and year first above written, 1111611! HANDY WHOLFSALP, PRODUCTS -H-2017-0006 PAGE 2OF2 EXHIBIT A Existing PURI Easement to Be Vacated PU13UG UTILMS, DRAINAG94:M1rriATtON EASMEWVACATION DESCRIPPON FOR LAWSON MIGN, INC The follavvIrti; dawibAs a 20.00 foot wide trip of Lund being a Portion of Lot 17, Block 2 otModdlan RusInbut Petit 80bdMalob ft filed for Record In Book 70 of Plats at Pages 71-58 -thru 71% in ft Mitre of the, Ado County, Recorder, Lying In a Portion oftho 60t114112 of Section 7, Townstip3 NoM., Range I C-ast, M, Mlys of Meridian, Ado County, Idaho and being more particularly deserbedsa folhw 4.,. BEGINN114G at the Northwest costar of Lot 17, MwR 2 of said Meridian Business 'Park Sub(fivision Thence along the Nodhady -Soundary Line & std Lot 11, South 80041le East, 206,21 feet to the Northeast Corner cf rald Lot 17, Thence isavinotaitt No"* aoundary urt* and along Uie Ea0tody Boundary Line of saki Lot, 17,$outh 0M 'Qr West, 2,0,00 feet to a point; Thence tom =ld 5aststly'Sourd" Line, and stomp a Une being 2000 lost Soutftorly of and paralial with tits* Northerly Wundary Line of said Lot 17. North 8829W Watt 205,21 toot to a point on theWestmly Boundary Line of sold Lot 17; Thonoo WOig told pats#el Lkt% and elong the Westerly Boundary Line of said Lot 17, North OUSV081 EsA 20-00 feet to the POINT OF SM34NNIRG; Sald StrIpbf I.And coninins 0.434 Acros,(5,903 Sq. R.1 more of, less. Lavirenw 14. Komar, PLS W54 Tit"baillne aurum) iRv 047 PA*I Centra Wqy, $Wkr 3 Nmpa, waho Masi (20q)-466 7 leoso ragatma vwUlma odwl*mdoe P400 i 1MV47 Handy Wholesale Products VAC H-2017-0006 DESIGN, INC. Haftd,y Whotesale Products VAC H-2017-0006 T-ja a omopow (ow vq. f00% i b"aCo,Ame aG.00m, 4m"o)s 4xmeowu fit If•• ti��rt�n Handy Wholtsalc ProduotsVAC -2017-0006 Meridian City Council Meeting DATE: March 14, 2017 ITEM NUMBER: 4M PROJECT NUMBER: ITEM TITLE: Approval of Community Development Block Grant Program Year 2016 Subrecipient Agreements Between the City of Meridian and: Boys and Girls Club of Ada County for a not to exceed amount of $10,000; Meridian Food Bank for a not to exceed amount of $36,448; Jesse Tree for a not to exceed amount of $7,000; Ada County Housing Authority for a not to exceed amount of $30,000; Neighbor Works for a not to exceed amount of $30,000. MEETING NOTES r✓ APPROVED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Community Development Department  33 E. Broadway Avenue Meridian, ID 83642 Phone 208-884-5533  Fax 208-888-6854  www.meridiancity.org March 1, 2017 MEMORANDUM TO: Mayor De Weerd and City Council FROM: Christopher Pope, CDBG Administrator CC: City Clerk Bruce Chatterton Caleb Hood RE: CDBG Program Schedule for Program Year 2017 and Request for Recommendations 1. Introduction and Background In order to continue to receive Community Development Block Grant (CDBG) funding from the U.S. Department of Housing and Urban Development (HUD), the City is required to complete a five -year strategic plan called a Consolidated Plan. Staff has been working with BBC Research and Consulting on the preparation of the City’s 2017-2021 Consolidated Plan. In addition to the consolidated plan, the City is also required to provide an annual Action Plan outlining the City’s use of CDBG funds for the given Program Year. Staff and BBC Research and Consulting are currently working to use the findings, priorities, and strategies from the in-draft Consolidated Plan to inform the creation of the City’s CDBG Action Plan for the Program Year 2017 (PY2017). The majority of the research and preparation for the Consolidated Plan has been completed while the work t o develop the PY2017 Action Plan and open CDBG application submissions is in initial stages. These ongoing processes help the city to prioritize activities, strategies, and goals in order to adequately and optimally administer CDBG funds to projects and organizations within the community that coincide with the City’s needs and vision. Progress in these planning and funding processes will be presented to you as details and drafts are forthcoming. 2. Timeline The following schedule of events and activities related to the allocation of the 2017 CDBG funds and the completion of the PY2017 Action and 2017 -2021 Consolidated Plans are detailed below. March 20: 2017 CDBG application submission begins (call for projects/activities) April 14: 2017 CDBG application submission closes Page 2 April 19–May 2: CDBG Committee will score and rank submitted applications May 16: Draft 2017-2021 Consolidated Plan and 2017 Action Plan with funding recommendations are presented to City Council; Public Comment period (30 days) on Action and Consolidated Plans opens June 20: Public Hearing regarding Action and Consolidated Plans is held; both plans are reviewed and adopted (pending any needed revisions) July 15: Final 2017 Action Plan and 2017-2021 Consolidated Plans are submitted to the federal government (required to be submitted on or before August 15, 2017) 3. Request for Recommendations In advance of the start of application submission and review processes for PY2017 CDBG funding, community development staff would like to know from Council if there are any recommendations for organizations, projects, partnerships, etc. that should be considered for funding through the City’s PY2017 CDBG funds. Any individual or organization identified will be contacted and invited to apply when application submission opens. Staff would like to receive any recommendations on potential subrecipients as soon as possible and will be at your Workshop meeting on Tuesday, March 14th to discuss. Any new individual or agency identified after March 14th will still be able to submit a CDBG application; however, they will likely not be formally invited to apply or be invited to the PY2017 Kick-off workshop. P , i + !, _...i SUBRECIPIENT AGREEMENT BETWEEN CITY OF MERIDIAN AND BOYS AND GIRLS CLUB OF ADA COUNTY FOR PY16 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS This Agreement is entered into this -3-��'day of 1 r A 201-1 by and between the City of Meridian, a municipal corporation organized under the laws of the sta of Idaho ("City") and the Boys and Girls Clubs of Ada County, Idaho, Inc., a nonprofit corporation organized under the laws of the State of Idaho ("Subrecipient"). WHEREAS, City is an entitlement community, and as such has applied for and received funds from the United States Government under Title I of the Housing and Community Development Act of 1974, Public Law 93-383, i.e. Community Development Block Grant ("CDBG") funds; and WHEREAS, Subrecipient assists individuals and families by providing scholarships for fee-based programs which activity complements the objectives of the CDBG program; and WHEREAS, City and Subrecipient wish to enter into a cooperative agreement for the investment of CDBG funds from Program Year 2016 (PY16); NOW, THEREFORE, in consideration of the mutual covenants of the parties, the Parties agree as follows: I. SCOPE OF SERVICE A. Activities. Subrecipient agrees that it shall use City's PY16 CDBG funds in the amount of ten thousand dollars ($10,000) to provide scholarships for low- and moderate -income ("LMI") children under the age of thirteen (13) to enroll in one or more of the following fee-based programs offered at 911 Meridian Road, Meridian, Idaho: Sunrise Club, Year One Program, and the Summer Program. Subrecipient will provide scholarships to children of qualifying families on a sliding scale developed by Subrecipient. CDBG funds will only reimburse actual scholarships provided for these enumerated programs as documented by Subrecipient. Subrecipient shall be responsible for administering its PY16 CDBG funds in a manner satisfactory to City and consistent with any and all standards required as a condition of providing these funds. B. National Objective. Subrecipient certifies that the activities carried out City's PY16 CDBG funds provided by City under this Agreement will meet one or more of the CDBG program's National Objectives as defined in 24 CFR § 570.208. Specifically, Subrecipient's activities under this agreement shall provide a new public service to limited clientele (24 CFR § § 570.201(e) and 570.208(a)(2)). C. LMI Clientele. Prior to first draw request, Subrecipient shall provide documentation demonstrating that fifty-one percent (51 %) of clientele using services governed by this agreement are LMI persons. Subrecipient shall track the following information for all students receiving a scholarship pursuant to this agreement: amount of scholarship provided, enrollee's household size, annual household income, and racial characteristics. The household size and annual income information shall be used to determine whether a client falls within the very low, low, or moderate PY 16 SUBRECIPIENT AGREEMENT - MERIDIAN BOYS & GIRLS CLUB PAGE 1 OF 15 income category as defined by HUD. This information shall be submitted to the City in the form of a progress report as required by the City. D. Levels of accomplishment. This project will provide scholarship funds for the purpose of increasing availability and access to the Club's fee-based programs. In addition to the normal administrative services required as part of this Agreement, Subrecipient agrees to document and report on each and all of the following outcomes: 1. Number of individuals gaining improved access to facility and/or services; 2. Number of scholarship individuals attending each of identified programs (Sunrise Club, Year One Program, and Summer Program), total cost of the program for each individual, and the scholarship amount to be reimbursed with CDBG funds for each individual; and 3. Income level, family size, race, and ethnicity of persons assisted. E. Staffing not funded. Subrecipient agrees that no CDBG funds will be utilized for staffing. F. Performance Monitoring. City will monitor the performance of Subrecipient against goals and performance measures as set forth herein. Performance monitoring shall include City's review of Subrecipients' submitted documents for accuracy and completion, as well as an on-site visit from City's CDBG Administrator to review the completeness and accuracy of records maintained. Substandard performance as determined by City shall constitute noncompliance with this Agreement. If action to correct such substandard performance is not taken by Subrecipient within fourteen days (14) after being notified by City, Agreement suspension or termination procedures will be initiated. G. Time of Performance. Services of Subrecipient under this Agreement shall start no earlier than October 1, 2016 and shall be completed by September 30, 2017. The term of this Agreement and the provisions herein shall be extended to cover any additional time period during which Subrecipient remains in control of CDBG funds or other assets, including program income. H. Progress Reports. Subrecipient shall submit a monthly Progress Report, in the form and content as required by City. If Progress Reports are delinquent, draw requests will not be processed until the delinquency is cured. Progress Reports must contain information on outcome -based measurements as outlined in this Agreement. Monthly Progress Reports must be submitted even if there is no draw to accompany it for the month. Any issues or updates relevant to the activity will be included in progress report. II. ADMINISTRATIVE REQUIREMENTS A. Uniform administrative requirements. Subrecipient shall comply with applicable uniform administrative requirements, as described in 24 CFR § 570.506. B. Financial Management. 1. Budget. Subrecipient agrees that it shall use City's PY16 CDBG funds in the amount often thousand dollars ($10,000) to provide scholarships to children of qualifying households to attend the aforementioned fee-based programs at the Meridian Boys and Girls Club facility at PY 16 SUBRECIPIENT AGREEMENT — MERIDIAN Boys & GIRLS CLUB PAGE 2 OF 15 911 Meridian Road, Meridian, Idaho. City may require a detailed budget breakdown, and Subrecipient shall provide such information in a timely fashion, and in the form and content prescribed by City. 2. Supplementation of other funds. Subrecipient agrees to utilize funds available under this Agreement to supplement, rather than supplant, funds otherwise available. 3. Accounting Standards. Subrecipient agrees to comply with 24 CFR §§ 84.21 through 84.28, and further agrees to: adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. 4. Cost Principles. Subrecipient shall administer its program in conformance with OMB Circular A-122, "Cost Principles for Non -Profit Organizations." These principles shall be applied for all costs incurred, whether charged on a direct or indirect basis. 5. Subrecipient Orientation Workshop. Subrecipient agrees to meet with City's CDBG Program Administrator prior to submitting the first draw request to City. City will not process draw requests unless and until the Subrecipient attends this meeting. 6. Client Data. Subrecipient shall maintain client data demonstrating client eligibility for services provided. Such data shall include, but not be limited to: client name, address, income level or other basis for determining eligibility, and description of service provided. Such information shall be made available for review upon City's request. 7. Disclosures. Subrecipient understands that client information collected under this Agreement is private and the use or disclosure of such information, when not directly connected with the administration of City or Subrecipient's responsibilities under this Agreement, is prohibited by the Financial Privacy Act unless written consent is obtained from such person receiving service and, in the case of a minor, that of a responsible parent/guardian, 8. Property Records. Subrecipient shall maintain real property inventory records that clearly identify properties purchased, improved or sold. Properties retained shall continue to meet eligibility criteria. 9. Closeout. Subrecipient's obligation to City shall not end until all closeout requirements are completed. Activities during this closeout period shall include, but shall not be limited to: making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and accounts receivable to City), and determining the custodianship of records. Notwithstanding the foregoing, the terms of this Agreement shall remain in effect during any period that Subrecipient has control over CDBG funds, including program income. 10. Audits and inspections. All Subrecipient records with respect to any matters covered by this Agreement shall be made available to City, HUD or its agent, or other authorized federal officials, at any time during normal business hours, as often as deemed necessary, to audit, PY16 SUBRECIPIENT AGREEMENT- MERIDIAN BOYS & GIRLS CLUB PAGE 3 of 15 examine, and make excerpts or transcripts of all relevant data for purposes of investigation to ascertain compliance with the rules, regulations and provisions stated herein. Any deficiencies noted in audit reports must be fully repaired by Subrecipient within thirty (3 0) days after receipt of such report by Subrecipient. Failure of Subrecipient to comply with the above audit requirements will constitute a violation of this Agreement and may result in the withholding of future payments. Subrecipient hereby agrees to have an annual agency audit conducted in accordance with current City policy concerning audits and as applicable, OMB Circular A-133. Sub -recipient shall comply with 2 CFR § 200.501, which requires that all non -Federal entities that expend $750,000.00 or more in a year have a single or program -specific audit. Sub - recipient shall be willing to allow inquiries from the City about the sub -recipient's financial statements and single audit reports. If Subrecipient is subject to this requirement, a copy of the audit report shall be provided to the City within thirty (30) days of completion of the audit. C. Payment Procedures. 1. Program Income. The activities governed by this agreement are not anticipated to generate program income as Subrecipient shall not charge its members for the service. Any change to the activities described herein that will generate program income shall require an amendment to this agreement. 2. Indirect Costs. Indirect costs are not eligible for CDBG funding. 3. Payment Procedures. City will pay to Subrecipient funds available under this Agreement based upon information submitted by Subrecipient and consistent with any approved budget and City policy concerning payments. With the exception of certain advances, payments will be made for eligible expenses actually incurred by Subrecipient, and not to exceed actual cash requirements. Payments will be adjusted by City in accordance with advance fund and program income balances available in Subrecipient's accounts. In addition, City reserves the right to liquidate funds available under this Agreement for costs incurred by City on behalf of Subrecipient. 4. Draw requests. It is expressly agreed and understood that the total amount to be paid by City under this Agreement shall not exceed $10,000.00. Drawdowns for the payment of eligible expenses shall be made against the activity specified, in accordance with performance and as expenses are incurred by Subrecipient. Draw requests shall only be accepted on official City and/or HUD forms and must be completed in full to be processed. All draw requests are to be submitted monthly, no later than twenty-one (2 1) days after the end of the month for which reimbursement is being submitted. Draw requests shall include the following: draw request form; progress report; beneficiary income eligibility documentation; transaction detail, HUD -1, and related summary information; and proof of payment by Subrecipient. Final draw under this Agreement will be submitted by Subrecipient no later than September 20, 2017 unless otherwise agreed in writing. 5. Funds transfer. Pursuant to 24 CFR § 570.503(b)(7), upon expiration of this Agreement, Subrecipient shall transfer to City any CDBG funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG funds. PY16 SUBRECIPIENT AGREEMENT — MERIDIAN Boys & GIRLS CLUB PAGE 4 OF 15 6. DUNS number. Subrecipient shall comply with requirements established by the Office of Management and Budget ("OMB") concerning the Dun and Bradstreet Data Universal Numbering System ("DUNS"), the Central Contractor Registration database, and the Federal Funding Accountability and Transparency Act, including Appendix A to Part 25 of the Financial Assistance Use of Universal Identifier and Central Contractor Registration, 75 Fed. Reg. 55671 (Sept. 14, 2010) (to be codified at 2 CFR part 25) and Appendix A to Part 170 of the Requirements for Federal Funding Accountability and Transparency Act Implementation, 75 Fed. Reg. 55663 (Sept. 14, 20 10) (to be codified at 2 CFR part 170). D. Procurement. 1. Compliance with policies. Subrecipient shall comply with current Federal and City policies concerning the purchase of equipment and shall maintain inventory records of all non - expendable personal property as defined by such policy as may be procured with funds provided hereunder. 2. OMB Standards. Subrecipient shall procure all materials in accordance with the requirements of 24 CFR §§ 84.40 to 84.48. 3. Travel. Subrecipient shall obtain written approval from City prior to any travel outside the Boise metropolitan area with funds provided under this Agreement. E. Use and Reversion of Assets. The use and disposition of real property and equipment under the Agreement shall be in compliance with the requirements of 24 CFR Part 84 and 24 CFR §§ 570.502 through 570.504, as applicable, which include, but are not limited to, the following: 1. Records. Subrecipient shall maintain real property inventory records, which clearly identify properties purchased, improved or sold. 2. National Objectives met for five (5) years. Pursuant to 24 CFR § 570.503(b)(7)(i), real property that is acquired or improved, in whole or in part, with funds under this Agreement in excess of $25,000 shall be used to meet one of the CDBG National Objectives until five (5) years after expiration of this Agreement. If the use of the CDBG-assisted real property fails to meet a CDBG National Objective for this prescribed period of time, Subrecipient shall pay City an amount equal to the current market value of the property, less any portion of the value attributed to expenditures of non-CDBG funds for acquisition of or improvement to the property. Such payment shall constitute program income to City. Subrecipient may retain real property acquired or improved under this Agreement after the expiration of the five-year period. 3. Sale of equipment. In all cases in which equipment acquired in whole or in part with funds under this Agreement is sold, the proceeds shall be program income, prorated to reflect the extent to that funds received under this Agreement were used to acquire the equipment. Equipment purchased with funds received under this Agreement but not needed by the Subrecipient for activities under this Agreement shall be (a) transferred to City for the CDBG PY 16 SUBRECIPIENT AGREEMENT - MERIDIAN BOYS & GIRLS CLUB PAGE 5 OF 15 program or (b) retained after compensating City an amount equal to the current fair market value of the equipment less the percentage of non-CDBG funds used to acquire the equipment. F. Records and reports. 1. Records to be maintained. In addition to specific records mentioned in this Agreement, Subrecipient shall maintain all records that are pertinent to the activities to be funded under this Agreement, including, but not limited to, those required by the Federal regulations specified in 24 CFR § 570.506, and: a. Full descriptions and records of each activity undertaken; b. Records related to activities meeting the National Objectives; c. Records required to determine the eligibility of activities for CDBG funding; d. Records required to document the acquisition, improvement, use or disposition of real property acquired or improved with CDBG assistance; e. Records documenting compliance with the fair housing and equal opportunity components of the CDBG Program; f. Financial records, as required by 24 CFR §§ 84.21 through 84.28 and 570.502; g. Other records necessary to document compliance with 24 CFR Part 570, Subpart K, except that Subrecipient does not assume City's responsibilities under 24 CFR § 570.604 and part 52. 2. Records retention. Subrecipient shall retain all records pertinent to the expenditures incurred under this Agreement for a period of five (5) years after the termination of all activities funded under this Agreement, defined as the date of the submission of City's final annual performance and evaluation report to HUD. Records for non -expendable property acquired with funds under this Agreement shall be retained for five (5) years after final disposition of such property. If, prior to the expiration of the five-year period, any litigation, claims, audits, negotiations or other actions begin that involve any of the records cited, such records shall be retained until completion of the actions and resolutions of all issues, or the expiration of the five-year period, whichever occurs later. III. EMPLOYMENT AND LABOR CONDITION REQUIREMENTS A. Civil Rights Act. Subrecipient agrees to comply with Title VI of the Civil Rights Act of 1964 as amended, Title VII of the Civil Rights Act of 1968 as amended, Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of 1974, Section 504 of the Rehabilitation Act of 1974, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, the Executive Order 11246 as amended by Executive Order 11375 and 12086, and 24 CFR 570.601 and 570.602. In regard to the sale, lease, or other transfer of land acquired, cleared or improved with assistance provided under this contract, Subrecipient shall cause or require a covenant running with the land to be inserted in the deed or lease for such transfer, prohibiting discrimination as herein defined, in the sale, lease or rental, or in the use or occupancy of such land, or in any improvements erected or to be erected thereon, providing that City and the United States are beneficiaries of and entitled to enforce such covenants. Subrecipient, in undertaking its obligation to carry out the program assisted hereunder, agrees to take such measures as are necessary to enforce such covenant, and will not itself so discriminate. PY 16 SUBRECIPIENT AGREEMENT - MERIDIAN BOYS & GIRLS CLUB PAGE 6 OF 15 B. Nondiscrimination. Subrecipient agrees to comply with the non-discrimination in employment and contracting opportunities laws, regulations, and executive orders referenced in 24 CFR § 570.607, as revised by Executive Order 13279. The applicable non-discrimination provisions in Section 109 of the HCDA are also applicable. Subrecipient will not discriminate against any employee or applicant for employment or services because of race, color, creed, religion, ancestry, national origin, sex, disability or other handicap, age, marital status or status with regard to public assistance. Subrecipient will take affirmative action to insure that all employment practices are free from such discrimination. Such employment practices include but are not limited to the following: hiring, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. C. ADA section 504. Subrecipient agrees to comply with Federal regulations pursuant to compliance with Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 706) which prohibits discrimination against the handicapped in any Federally -assisted program. City shall provide Subrecipient with any guidelines necessary for compliance with that portion of the regulations in force during the term of this Agreement. D. Affirmative Action. 1. Approved Plan. Subrecipient agrees that it shall be committed to carry out pursuant to City's specifications an Affirmative Action Program in keeping with the principles as provided in President's Executive Order 11246 of September 24, 1966. City shall provide Affirmative Action guidelines to Subrecipient to assist in the formulation of such program. Subrecipient shall submit a plan for an Affirmative Action Program for approval prior to the award of funds. 2. Women- and Minority -Owned Businesses. Subrecipient shall use its best efforts to afford small businesses, minority business enterprises, and women's business enterprises the maximum practicable opportunity to participate in the performance of this contract. As used in this contract, the terms "small business" means a business that meets the criteria set forth in section 3(a) of the Small Business Act, as amended (15 U.S.C. 632), and "minority and women's business enterprise" means a business at least fifty-one (5 1) percent owned and controlled by minority group members or women. For the purpose of this definition, "minority group members" are Afro-Americans, Spanish-speaking, Spanish surnamed or Spanish - heritage Americans, Asian -Americans, and American Indians. Subrecipient may rely on written representations by businesses regarding their status as minority and female business enterprises in lieu of an independent investigation. E. Notifications. 1. Notice to workers. Subrecipient will send to each labor union or representative of workers with which it has a collective bargaining agreement or other agreement or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or workers' representative of Subrecipient's commitments hereunder, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. PY16 SUBRECIPIENT AGREEMENT- MERIDIAN BOYS & GIRLs CLUB PAGE 7 of 15 2. Solicitations for employment. Subrecipient will, in all solicitations or advertisements for employees placed by or on behalf of Subrecipient, state that it is an Equal Opportunity or Affirmative Action employer. F. Prohibited Activity. Subrecipient is prohibited from using funds provided herein or personnel employed in the administration of the program for political activities; sectarian, or religious activities; lobbying, political patronage, and nepotism activities. 1. Political activities. Subrecipient agrees that no funds provided, nor personnel employed under this Agreement, shall be in any way or to any extent engage in the conduct of political activities in violation of the Hatch Act (Title V, Chapter 15, U.S.C.). 2. Religious activities. Subrecipient agrees that funds provided under this Agreement will not be utilized for religious activities, to promote religious interests, or for the benefit of a religious organization in accordance with the Federal regulations specified in 24 CFR § 570.2000). G. Labor standards. Subrecipient agrees to comply with the requirements of the Secretary of Labor in accordance with the Davis -Bacon Act as amended; the provisions of Agreement Work Hours and Safety Standards Act; the Copeland "Anti -Kickback" Act (40 U.S.C. §§ 276a, 276e, and 327); and all other applicable Federal, state and local laws and regulations pertaining to labor standards insofar as those acts apply to the performance of this Agreement. Subrecipient shall maintain documentation which demonstrates compliance with the hour and wage requirements of this part. Such documentation shall be made available to City for review upon request. Subrecipient further agrees that all Contractors engaged under contracts in excess of $2,000.00 for construction, renovation or repair of any building or work financed in whole or in part with assistance provided under this Agreement shall comply with Federal requirements pertaining to such Agreements and with the applicable requirements of the regulations of the Department of Labor, under 29 CFR Parts 1, 3, 5 and 7 governing the payment of wages and ratio of apprentices and trainees to journey workers; provided, that if wage rates higher than those required under the regulations are imposed by state or local law, nothing hereunder is intended to relieve Subrecipient of its obligation, if any, to require payment of the higher wage. H. Section 3 of the Housing and Urban Development Act of 1968. 1. Compliance. Compliance with Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. § 1701) ("Section 3"), the regulations set forth in 24 CFR Part 135, and all applicable rules and orders issued thereunder prior to the execution of this Agreement, shall be a condition of the Federal financial assistance provided under this Agreement and shall be binding upon City, Subrecipient and any of Subrecipient's subrecipients and/or subcontractors. Failure to fulfill these requirements shall subject City, Subrecipient and any of Subrecipient's subrecipients and subcontractors, their successors and assigns, to those sanctions specified by the Agreement through which Federal assistance is provided. Subrecipient certifies and agrees that no contractual or other disability exists that would prevent compliance with these requirements. 2. Subcontract language. Subrecipient further agrees to include the following language in all PY16 SUBRECIPIENT AGREEMENT — MERIDIAN Boys & GIRLS CLUB PAGE 8 OF 15 subcontracts executed under this Agreement: "The work to be performed under this Agreement is a project assisted under a program providing direct Federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. § 1701). Section 3 requires that to the greatest extent feasible opportunities for training and employment be given to low and very low income residents of the project area and Agreements for work in connection with the project be awarded to business concerns that provide economic opportunities for low and very low income persons residing in the metropolitan area in which the project is located." 3. Employment of low- and very -low-income persons. Subrecipient further agrees to ensure that opportunities for training and employment arising in connections with a housing rehabilitation (including reduction and abatement of lead-based paint hazards), housing construction, or other public construction projects are given to low and very -low income person residing within the metropolitan area in which the CDBG-funded project is located; where feasible, priority should be given to low and very low income persons within the service area of the project or the neighborhood in which the project is located, and to low and very low income participants in other HUD programs; and award contracts for work undertaken in connection with a housing rehabilitation (including reduction and abatement of lead-based paint hazards), housing construction, or other public construction project are given to business concerns that provide economic opportunities for low and very low income persons residing within the metropolitan area in which the CDBG-funded project is located; where feasible, priority should be given to business concerns which provide economic opportunities to low and very low income residents within the service area of the neighborhood in which the project is located, and to low and very low income participants in other HUD programs. Subrecipient certifies and agrees that no contractual or other legal incapacity exists that would prevent compliance with these requirements. 4. Notifications. Subrecipient agrees to send to each labor organization or representative of workers with which it has a collective bargaining agreement or other contract or understanding, if any, a notice advising said labor organization or worker's representative of its commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. 5. Subcontracts. Subrecipient will include this Section 3 clause in every subcontract and will take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the grantor agency. Subrecipient will not subcontract with any entity where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR Part 135 and will not let any subcontract unless the entity has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. I. Conflicts of Interest. Subrecipient agrees to abide by the provisions of 24 CFR §§ 84.42 and 570,611m, which include, but are not limited to, the following: 1. Code of Conduct. Subrecipient shall maintain a written code or standards of conduct that shall govern the performance of its officers, employees or agents engaged in the award and administration of Agreements supported by Federal funds. PY 16 SUBRECIPIENT AGREEMENT - MERIDIAN BOYS & GIRLS CLUB PAGE 9 OF 15 2. Contract selection. No employee, officer or agent of the Subrecipient shall participate in the selection, or in the award, or administration of, a contract supported by Federal funds if a conflict of interest, real or apparent, would be involved. 3. Self-interested contracts and nepotism. No persons who exercises or have exercised any functions or responsibilities with respect to CDBG-assisted activities, or who are in a position to participate in a decision-making process or gain inside information with regard to such activities, may obtain a financial interest in any Agreement, or have a financial interest in any contract, subcontract, or agreement with respect to the CDBG-assisted activity, either for themselves or those with who they have business or immediate family ties, during their tenure or for a period of one (1) year thereafter. For purposes of this paragraph, a "covered person" includes any person who is an employee, agent, consultant, officer, or elected or appointed official of City, the Subrecipient, or any designated public agency. J. Lobbying. The following certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S.C. Subrecipient hereby certifies that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal Agreement, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal Agreement, grant, loan, or cooperative agreement; 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal Agreement, grant, loan, or cooperative agreement, it will complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; 3. Subrecipient will require that the following language be included in the award documents for all sub -awards at all tiers (including subcontracts, sub -grants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly: "This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. § 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not let less that $10,000 and not more than $100,000 for each such failure." PY16 SUBRECIPIENT AGREEMENT- MERIDIAN BOYS & GIRLS CLUB PAGE 10 OF 15 IV. ENVIRONMENTAL CONDITIONS A. Air and Water. Subrecipient specifically agrees to comply with the following regulations insofar as they apply to the performance of this Agreement: 1. Clean Air Act, 42 U.S.C. §§ 7401, et seq. 2. Federal Water Pollution Control Act, as amended, 33 U.S.C. §§ 1251, et seq., relating to inspection, monitoring, entry reports, and information, as well as other requirements specified in said Act, and all regulations and guidelines issued thereunder. 3. Environmental Protection Agency (EPA) regulations pursuant to 40 C.F.R. Part 50. B. Flood Disaster Protection. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. § 4001), Subrecipient shall assure that for activities located in an area identified by FEMA as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). C. Lead -Based Paint. Subrecipient agrees that any construction or rehabilitation of residential structures with assistance provided under this Agreement shall be subject to HUD Lead -Based Paint Regulations, 24 CFR Part 35, implementing Title X of the Housing and Community Development Act of 1992. These regulations revise the CDBG lead based paint requirements under 24 CFR § 570.608. Such regulations pertain to all CDBG-assisted housing and require that all owners, prospective owners, and tenants of properties constructed prior to 1978 be properly notified that such properties may include lead-based paint. Such notification shall point out the hazards of lead-based paint and explain the symptoms, treatment and precautions that should be taken when dealing with lead-based paint poisoning and the advisability and availability of blood level screening for children under seven. The notice must also point out that if lead-based paint is found on the property, abatement measures may be undertaken. The regulations further require that, depending on the amount of Federal funds applied to a property, paint testing, risk assessment, treatment and/or abatement may be conducted. D. Historic Preservation. Subrecipient agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. ? 470) and the procedures set forth in 36 CFR Part 800, Advisor Council on Historic Preservation Procedures for Protection of Properties, insofar as they apply to the performance of this Agreement. In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are fifty years or older or that are included on a Federal, state or local historic property list. V. GENERAL CONDITIONS A. Notices. All notices required to be given by either of the parties hereto shall be in writing and be deemed communicated when personally served, or mailed in the United States mail, addressed as follows: PY16 SUBRECIPIENT AGREEMENT— MERIDIAN Boys & GIRLS CLUB PAGE 11 OF 15 City of Meridian Attn: Chris Pope CDBG Program Administrator 33 E. Broadway Avenue Boys and Girls Club of Ada County Attn: Colleen Braga Executive Director 610 E. 42nd Street Meridian, Idaho 83642 Garden City, Idaho 83714 Either party may change its authorized representative and/or address for the purpose of this paragraph by giving written notice of such change to the other party in the manner herein provided. B. Compliance with laws. Subrecipient agrees to comply with HUD regulations concerning CDBG funds, including, but not limited to, 24 CFR Part 570 and subpart K of such regulations. Subrecipient also agrees to comply with all other applicable Federal, state and local laws, regulations, and policies governing the funds provided under this Agreement, except that: (1) Subrecipient does not assume the recipient's environmental responsibilities described in 24 CFR 570.604, and (2) Subrecipient does not assume the recipient's responsibility for initiating the review process under the provisions of 24 CFR Part 52. C. Copyright. Contracts of agreements for the performance of experimental developmental or research work shall provide for the rights of the Federal Government and the recipient in any resulting invention in accordance with 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants Contracts and Cooperative Agreements." D. Independent Contractor. Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. Subrecipient shall at all times remain an independent Contractor with respect to the services to be performed under this Agreement. City shall provide no benefits or insurance coverage whatsoever to Subrecipient and/or to its agents. E. Indemnity. Subrecipient, and each and all of its employees, agents, contractors, officials, officers, servants, guests, and/or invitees, and all participants in Subrecipient's programming, shall hold harmless, defend and indemnify City from and for all such losses, claims, actions, and/or judgments for damages or injury to persons or property and/or losses and expenses caused or incurred by Subrecipient and/or its employees, agents, contractors, officials, officers, servants, guests, and/or invitees, and participants in its programming, and other costs, including litigation costs and attorneys' fees, arising out of, resulting from, or in connection with the perfonnance of this Agreement by Subrecipient and/or Subrecipient's employees, agents, contractors, subcontractors, officials, officers, servants, guests, invitees, participants, and/or volunteers and resulting in and/or attributable to personal injury, death, and/or damage and/or destruction to tangible or intangible property. F. Workers' Compensation. Subrecipient shall provide Workers' Compensation Insurance coverage for all employees involved in the performance of this Agreement. G. Insurance and bonding. Subrecipient shall carry sufficient insurance coverage to protect Agreement assets from loss due to theft, fraud and/or undue physical damage. Further, Subrecipient shall comply with the bonding and insurance requirements of 24 CFR §§ 84.31 and PY16 SUBRECIPIENT AGREEMENT— MERIDIAN BOYS & GIRLS CLUB PAGE 12 OF 15 H. Grantor Recognition. Subrecipient shall publically recognize the role of City in providing services under this Agreement. In addition, Subrecipient will include a reference to the support provided herein in all publications made possible with funds made available under this Agreement. I. Amendments. The parties hereto may amend this Agreement at any time provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of each party, and approved by City's governing body. Such amendments shall not invalidate this Agreement, nor relieve or release either party from its obligations under this Agreement. City may, in its discretion, amend this Agreement to conform with Federal, state or local governmental guidelines, policies and available funding amounts, or for other reasons. If such amendments result in a change in the funding, the scope of services, or schedule of the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment signed by both parties. J. Termination. 1. Notice of termination. Either party may terminate this Agreement by, at least 30 days before the effective date of such termination, giving written notice to the other party of such termination and specifying the effective date thereof. 2. Partial termination. Partial terminations of the Scope of Service as set forth herein may only be undertaken with the prior approval of City. 3. Work completed. In the event of any termination for convenience, all finished or unfinished documents, data, studies, surveys, maps, models, photographs, reports of other materials prepared by Subrecipient under this Agreement shall, at the option of City, become the property of City, and Subrecipient shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents or materials prior to the termination. 4. Termination for convenience. In accordance with 24 CFR § 85.44, suspension or termination of the Agreement, in whole or in part, may occur for convenience. 5. Termination for material noncompliance. In accordance with 24 CFR § 85.43, suspension or termination of the Agreement, in whole or in part, may occur if Subrecipient materially fails to comply with any term of this Agreement, which shall include, but shall not be limited to, the following: a. Failure to comply with any of the rules, regulations or provisions referred to herein, or such statutes, regulations, executive orders, and HUD guidelines, policies or directives as may become applicable at any time; b. Failure by Subrecipient to fulfill in a timely and proper manner its obligations under this Agreement; c. Ineffective or improper use of funds provided under this Agreement; or d. Submission by the Subrecipient to City reports that are incorrect or incomplete in any material respect. PY 16 SUBRECIPIENT AGREEMENT — MERIDIAN Boys & GIRLS CLUB PAGE 13 OF 15 6. Penalty for material noncompliance. In addition to suspension or termination of this Agreement and/or any other remedies as provided by law, upon a finding of material noncompliance, City may declare Subrecipient ineligible for any further participation in City CDBG programming. In the event there is probable cause to believe Subrecipient is in noncompliance with any applicable rules or regulations, City may withhold up to fifteen (15) percent of said Agreement funds until such time as Subrecipient is found to be in compliance by City, or is otherwise adjudicated to be in compliance. K. Assignment. Subrecipient shall not assign or transfer any interest in this agreement without prior written consent of City; provided, however, that claims for money due or to become due to Subrecipient from City under this Agreement may be assigned to a bank, trust company, or other financial institution without such approval. Notice of any assignment or transfer shall be furnished promptly to City. L. Subcontractors. 1. City must approve. Subrecipient shall not enter into any subcontracts with any agency or individual in the performance of this Agreement without the prior written consent of City. All subcontracts entered into in the performance of this Agreement shall be awarded pursuant to any applicable provisions of the City Purchasing Policy and/or local, state, or federal laws. 2. Monitoring. Subrecipient shall monitor all subcontracted services on a regular basis to assure contract compliance. Results of monitoring efforts shall be summarized in written reports and supported with documented evidence of follow-up actions taken to correct areas of noncompliance. Subrecipient shall furnish and cause each of its own subrecipients or subcontractors to furnish all information and reports required hereunder and will permit access to its books, records and accounts by City, HUD or its agent, or other authorized Federal officials for purposes of investigation to ascertain compliance with the rules, regulations and provisions stated herein. 3. Subcontract content. Subrecipient shall cause all provisions of this Agreement in their entirety to be included in and made a part of any subcontract executed in the performance of this Agreement. Specifically, without limitation, Subrecipient shall include the provisions of this Agreement regarding Civil Rights and Affirmative Action in every subcontract or purchase order, specifically or by reference, to ensure that such provisions will be binding upon all subcontractors. 4. Documentation. Executed copies of all subcontracts shall be forwarded to City along with documentation concerning the selection process. M. Relocation, real property acquisition, and one-for-one housing replacement. Subrecipient agrees specifically, without limitation, to comply with: 1. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (URA), and implementing regulations at 49 CFR Part 24 and 24 CFR 570.606(b); PY 16 SUBRECIPIENT AGREEMENT - MERIDIAN BOYS & GIRLS CLUB PAGE 14 OF 15 2. The requirements of 24 CFR 570.606(c) governing the Residential Anti -displacement and Relocation Assistance Plan under section 104(d) of the HCD Act; and 3. The requirements in 24 CFR 570.606(d) governing optional relocation policies. Subrecipient shall provide relocation assistance to displaced persons as defined by 24 CFR 570.606(b)(2) that are displaced as a direct result of acquisition, rehabilitation, demolition or conversion for a CDBG-assisted project. N. No contractual impediments. Subrecipient certifies and agrees that no contractual or other disability exists which would prevent compliance with these requirements. O. Severability. If any provision of this Agreement is held invalid, the reminder of the Agreement shall not be affected thereby and all other parts of this Agreement shall nevertheless be in full force and effect. P. Entire Agreement. This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral or written, whether previous to the execution hereof or contemporaneous herewith. Q. Non -waiver. Failure of either party to promptly enforce the strict performance of any term of this Agreement shall not constitute a waiver or relinquishment of any party's right to thereafter enforce such term, and any right or remedy hereunder may be asserted at any time after the governing body of either party becomes entitled to the benefit thereof, notwithstanding delay in enforcement. R. Approval required. This Agreement shall not become effective or binding until approved by the respective governing bodies of both City and Subrecipient. IN WITNESS WHEREOF, the parties shall cause this Agreement to be executed by their duly authorized officers to be effective as of the day and year first above written. SUBRECIPIENT: Boys and Girls Clubs of Ada County, Idaho By: Colleen Braga, Executiv irector CITY: City of Meridian w� By: Tamtrrye Weerd, Mayor Attest: // 4 /1-- /", � � Cloy ColeU, City Clerk - l �► riI � LUQ I O Oji w PY16 SUBRECIPIENT AGREEMENT- MERIDIAN BOYS & GIRLS CLUB PAGE 15 OF 15 SUBRECIPIENT AGREEMENT BETWEEN CITY OF MERIDIAN AND ADA COUNTY HOUSING AUTHORITY FOR PY 2016 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS This Agreement is entered into this C day of Mit.,_ , 201-7 by and between the City of Meridian, a municipal corporation organized under the laws of the state of Idaho ("City") and Jesse Tree of Idaho, Inc., a non-profit corporation established under the laws of the state of Idaho ("Subrecipient"). WHEREAS, City is an entitlement community, and as such has applied for and received funds from the United States Government under Title I of the Housing and Community Development Act of 1974, Public Law 93-383, i.e. Community Development Block Grant ("CDBG") funds; and WHEREAS, Subrecipient provides assistance for extremely low- to low-income persons who are at risk of becoming homeless by providing one-time rental assistance and case management through its Emergency Rent and Mercy Assistance program, which activity complements the objectives of the CDBG program; and WHEREAS, City and Subrecipient wish to enter into a cooperative agreement for the investment of CDBG funds from Program Year 2016 (PY16); NOW, THEREFORE, in consideration of the mutual covenants of the parties, the Parties agree as follows: I. SCOPE OF SERVICE A. Activities. Subrecipient shall use City's PY16 CDBG funds in the amount of seven thousand dollars ($7,000) to provide emergency rental payment assistance to low/moderate income ("LMI") persons in order to assist in preventing evictions and homelessness. B. National Objective. Subrecipient certifies that the activities carried out using the City's PY16 CDBG funds provided by City under this Agreement will meet one or more of the CDBG program's National Objectives as defined in 24 CFR § 570.208. Specifically, Subrecipient's activities under this agreement shall benefit LMI persons (24 CFR § 570.208(a)(2)(i)(C)). C. Levels of accomplishment. 1. Goals. Subrecipient shall undertake activities pursuant to this Agreement to serve one (1) Unit of Service. For the purposes of this Agreement, "Units of Service" shall be defined as individuals/families in imminent risk of eviction from their housing unit. 2. Performance measures. This project will provide one-time emergency rental assistance to LMI persons at risk of homelessness and/or eviction. In addition to the normal administrative services required as part of this Agreement, Subrecipient agrees to document and report on each and all of the following outcomes: a. Number of individuals/families assisted and number of persons in each family; b. Income level and ethnicity of persons provided rental assistance; and c. Amount of funding received by each individual/family. PY16 SUBRECIPIENT AGREEMENT -JESSE TREE PAGE 1 OF 15 D. Staffing not funded. Subrecipient agrees that CDBG funds provided under this Agreement will not be utilized for staffing. E. Performance monitoring. City will monitor the performance of Subrecipient against goals and performance measures as set forth herein. Performance monitoring shall include City's review of Subrecipients' submitted documents for accuracy and completion, as well as an on- site visit from City's CDBG Administrator to review the completeness and accuracy of records maintained. Substandard performance as determined by City shall constitute noncompliance with this Agreement. If action to correct such substandard performance is not taken by Subrecipient within fourteen days (14) after being notified by City, Agreement suspension or termination procedures will be initiated. F. Time of performance. Services of Subrecipient shall start on or before October 1, 2016 and end on September 30, 2017. The term of this Agreement and the provisions herein shall be extended to cover any additional time period during which Subrecipient remains in control of CDBG funds or other CDBG assets, including program income. G. Progress Reports. Subrecipient shall submit a monthly Progress Report, in the form and content as required by City. If Progress Reports are delinquent, draw requests will not be processed until the delinquency is cured. Progress Reports must contain information on outcome -based measurements as outlined in this Agreement. Monthly Progress Reports must be submitted even if there is no draw to accompany it for the month. Any issues or updates relevant to the activity will be included in progress report. II. ADMINISTRATIVE REQUIREMENTS A. Uniform administrative requirements. Subrecipient shall comply with applicable uniform administrative requirements, as described in 24 CFR § 570.506. B. Financial Management. 1. Budget. Subrecipient agrees that it shall use City's PY16 CDBG funds in the amount of seven thousand dollars ($7,000) to provide emergency rental payment assistance to LMI persons. City may require a detailed budget breakdown, and Subrecipient shall provide such information in a timely fashion, and in the form and content prescribed by City. 2. Supplementation of other funds. Subrecipient agrees to utilize funds available under this Agreement to supplement, rather than supplant, funds otherwise available. 3. Accounting Standards. Subrecipient agrees to comply with 24 CFR §§ 84.21 through 84.28, and further agrees to: adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. 4. Cost Principles. Subrecipient shall administer its program in conformance with OMB Circular A-122, "Cost Principles for Non -Profit Organizations." These principles shall be applied for all costs incurred, whether charged on a direct or indirect basis. 5. Certification of financial management system. Payments shall be contingent upon PY16 SUBRECIPIENT AGREEMENT -JESSE TREE PAGE 2 OF 15 HUD's certification of Subrecipient's financial management system in accordance with 24 CFR § 84.21. 6. Subrecipient Orientation Workshop. Subrecipient agrees to meet with City's CDBG Program Administrator prior to submitting the first draw request to City. City will not process draw requests unless and until Subrecipient attends this meeting. 7. Client Data. Subrecipient shall maintain client data demonstrating client eligibility for services provided. Such data shall include, but not be limited to: client name, address, income level or other basis for determining eligibility, and description of service provided. Such information shall be made available for review upon City's request. 8. Disclosures. Subrecipient understands that client information collected under this Agreement is private and the use or disclosure of such information, when not directly connected with the administration of City or Subrecipient's responsibilities under this Agreement, is prohibited by the Financial Privacy Act unless written consent is obtained from such person receiving service and, in the case of a minor, that of a responsible parent/guardian. 9. Property Records. Subrecipient shall maintain real property inventory records that clearly identify properties purchased, improved or sold. Properties retained shall continue to meet eligibility criteria. 10. Closeout. Subrecipient's obligation to City shall not end until all closeout requirements are completed. Activities during this closeout period shall include, but shall not be limited to: malting final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and accounts receivable to City), and determining the custodianship of records. Notwithstanding the foregoing, the terms of this Agreement shall remain in effect during any period that Subrecipient has control over CDBG funds, including program income. 11. Audits and inspections. All Subrecipient records with respect to any matters covered by this Agreement shall be made available to City, HUD or its agent, or other authorized federal officials, at any time during normal business hours, as often as deemed necessary, to audit, examine, and make excerpts or transcripts of all relevant data for purposes of investigation to ascertain compliance with the rules, regulations and provisions stated herein. Any deficiencies noted in audit reports must be fully repaired by Subrecipient within thirty (30) days after receipt of such report by Subrecipient. Failure of Subrecipient to comply with the above audit requirements will constitute a violation of this Agreement and may result in the withholding of future payments. Subrecipient hereby agrees to have an annual agency audit conducted in accordance with current City policy concerning audits and as applicable, OMB Circular A-133. Subrecipient shall comply with 2 CFR 200.501, which requires that all non -Federal entities that expend $730,000 or more in a year have a single or program -specific audit. Subrecipient shall be willing to allow inquires from the City about the Subrecipient's financial statements and single audit reports. If subrecipient is subject to this requirement, a copy of the audit report shall be provided to the City within 30 days of completion of the audit. PY16 SUBRECIPIENT AGREEMENT -JESSE TREE PAGE 3 OF 15 12. Suspension and Debarment. Pursuant to 2 CFR Part 180, specifically, without limitation, 2 CFR section 180.220, Subrecipient is prohibited from contracting with any party that is suspended or debarred. C. Payment Procedures. 1. Program Income. The activities governed by this agreement are not anticipated to generate program income as Subrecipient shall not charge its members for the service. Any change to the activities described herein that will generate program income shall require an amendment to this agreement. 2. Indirect Costs. Indirect costs are not eligible for CDBG funding. 3. Payment Procedures. City will pay to Subrecipient funds available under this Agreement based upon information submitted by Subrecipient and consistent with any approved budget and City policy concerning payments. With the exception of certain advances, payments will be made for eligible expenses actually incurred by Subrecipient, and not to exceed actual cash requirements. Payments will be adjusted by City in accordance with advance fund and program income balances available in Subrecipient's accounts. In addition, City reserves the right to liquidate funds available under this Agreement for costs incurred by City on behalf of Subrecipient. 4. Documentation required prior to transactions. As early as practicable, and not less than two (2) weeks prior to the completion of each transaction, Subrecipient shall provide the address of the housing unit under consideration to City for floodplain and related environmental review. Failure to provide the address of the housing unit under consideration in advance of the anticipated close date may result in added expenses for the beneficiary or Subrecipient, or refusal of reimbursement by City. 5. Draw requests. It is expressly agreed and understood that the total amount to be paid by City under this Agreement shall not exceed $7,000. Drawdowns for the payment of eligible expenses shall be made against the activity specified, in accordance with performance and as expenses are incurred by Subrecipient. Draw requests shall only be accepted on official City and/or HUD forms and must be completed in full to be processed. All draw requests are to be submitted as needed, but no more than one per month and in coordination with the CDBG Administrator. Draw requests shall include the following: draw request form; progress report; beneficiary income eligibility documentation; transaction detail, HUD -1, and related summary information; and proof of payment by Subrecipient. Final draw under this Agreement will be submitted by Subrecipient no later than 30 September, 2017 unless otherwise agreed in writing. 6. Funds transfer. Pursuant to 24 CFR § 570.503(b)(7), upon expiration of this Agreement, Subrecipient shall transfer to City any CDBG funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG funds. 7. DUNS number. Subrecipient shall comply with requirements established by the Office of Management and Budget ("OMB") concerning the Dun and Bradstreet Data Universal Numbering System ("DUNS"), the Central Contractor Registration database, and the PY16 SUBRECIPIENT AGREEMENT -JESSE TREE PAGE 4 OF 15 Federal Funding Accountability and Transparency Act, including Appendix A to Part 25 of the Financial Assistance Use of Universal Identifier and Central Contractor Registration, 75 Fed, Reg. 55671 (Sept. 14, 2010) (to be codified at 2 CFR part 25) and Appendix A to Part 170 of the Requirements for Federal Funding Accountability and Transparency Act Implementation, 75 Fed. Reg. 55663 (Sept. 14, 20 10) (to be codified at 2 CFR part 170). D. Procurement. 1. Compliance with policies. Subrecipient shall comply with current Federal and City policies concerning the purchase of equipment and shall maintain inventory records of all non -expendable personal property as defined by such policy as may be procured with funds provided hereunder. 2. OMB Standards. Subrecipient shall procure all materials in accordance with the requirements of 24 CFR §§ 84.40 to 84.48. 3. Travel. Subrecipient shall obtain written approval from City prior to any travel outside the Boise metropolitan area with funds provided under this Agreement. E. Use and Reversion of Assets. The use and disposition of real property and equipment under the Agreement shall be in compliance with the requirements of 24 CFR Part 84 and 24 CFR §§ 570.502 through 570.504, as applicable, which include, but are not limited to, the following: 1. Records. Subrecipient shall maintain real property inventory records, which clearly identify properties purchased, improved or sold. 2. National Objectives met for five (5) years. Pursuant to 24 CFR § 570.503(b)(7)(i), real property that is acquired or improved, in whole or in part, with funds under this Agreement in excess of $25,000 shall be used to meet one of the CDBG National Objectives until five (5) years after expiration of this Agreement. If the use of the CDBG-assisted real property fails to meet a CDBG National Objective for this prescribed period of time, Subrecipient shall pay City an amount equal to the current market value of the property, less any portion of the value attributed to expenditures of non-CDBG funds for acquisition of or improvement to the property. Such payment shall constitute program income to City. Subrecipient may retain real property acquired or improved under this Agreement after the expiration of the five-year period. 3. Sale of equipment. In all cases in which equipment acquired in whole or in part with funds under this Agreement is sold, the proceeds shall be program income, prorated to reflect the extent to that funds received under this Agreement were used to acquire the equipment. Equipment purchased with funds received under this Agreement but not needed by the Subrecipient for activities under this Agreement shall be (a) transferred to City for the CDBG program or (b) retained after compensating City an amount equal to the current fair market value of the equipment less the percentage of non-CDBG funds used to acquire the equipment. F. Records and reports. 1. Records to be maintained. In addition to specific records mentioned in this Agreement, PY16 SUBRECIPIENT AGREEMENT -JESSE TREE PAGE 5 OF 15 Subrecipient shall maintain all records that are pertinent to the activities to be funded under this Agreement, including, but not limited to, those required by the Federal regulations specified in 24 CFR § 570.506, and: a. Full descriptions and records of each activity undertaken; b. Records related to activities meeting the National Objectives; c. Records required to determine the eligibility of activities for CDBG funding; d. Records required to document the acquisition, improvement, use or disposition of real property acquired or improved with CDBG assistance; e. Records documenting compliance with the fair housing and equal opportunity components of the CDBG Program; f. Financial records, as required by 24 CFR §§ 84.21 through 84.28 and 570.502; g. Other records necessary to document compliance with 24 CFR Part 570, Subpart K, except that Subrecipient does not assume City's responsibilities under 24 CFR § 570.604 and part 52. 2. Records retention. Subrecipient shall retain all records pertinent to the expenditures incurred under this Agreement for a period of five (5) years after the termination of all activities funded under this Agreement, defined as the date of the submission of City's final annual performance and evaluation report to HUD. Records for non -expendable property acquired with funds under this Agreement shall be retained for five (5) years after final disposition of such property. If, prior to the expiration of the five-year period, any litigation, claims, audits, negotiations or other actions begin that involve any of the records cited, such records shall be retained until completion of the actions and resolutions of all issues, or the expiration of the five-year period, whichever occurs later. III. EMPLOYMENT AND LABOR CONDITION REQUIREMENTS A. Civil Rights Act. Subrecipient agrees to comply with Title VI of the Civil Rights Act of 1964 as amended, Title VII of the Civil Rights Act of 1968 as amended, Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of 1974, Section 504 of the Rehabilitation Act of 1974, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, the Executive Order 11246 as amended by Executive Order 11375 and 12086, and 24 CFR 570.601 and 570.602. In regard to the sale, lease, or other transfer of land acquired, cleared or improved with assistance provided under this contract, Subrecipient shall cause or require a covenant running with the land to be inserted in the deed or lease for such transfer, prohibiting discrimination as herein defined, in the sale, lease or rental, or in the use or occupancy of such land, or in any improvements erected or to be erected thereon, providing that City and the United States are beneficiaries of and entitled to enforce such covenants. Subrecipient, in undertaking its obligation to carry out the program assisted hereunder, agrees to take such measures as are necessary to enforce such covenant, and will not itself so discriminate. B. Nondiscrimination. Subrecipient agrees to comply with the non-discrimination in employment and contracting opportunities laws, regulations, and executive orders referenced in 24 CFR § 570.607, as revised by Executive Order 13279. The applicable non-discrimination provisions in Section 109 of the HCDA are also applicable. Subrecipient will not discriminate against any employee or applicant for employment or services because of race, color, creed, religion, ancestry, national origin, sex, disability or other handicap, age, marital status or status with regard to public assistance. Subrecipient will take affirmative action to insure that all PY 16 SUBRECIPIENT AGREEMENT -JESSE TREE PAGE 6 OF 15 employment practices are free from such discrimination. Such employment practices include but are not limited to the following: hiring, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. C. ADA section 504. Subrecipient agrees to comply with Federal regulations pursuant to compliance with Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 706) which prohibits discrimination against the handicapped in any Federally -assisted program. City shall provide Subrecipient with any guidelines necessary for compliance with that portion of the regulations in force during the term of this Agreement. D. Affirmative Action. 1. Approved Plan. Subrecipient agrees that it shall be committed to carry out pursuant to City's specifications an Affirmative Action Program in keeping with the principles as provided in President's Executive Order 11246 of September 24, 1966. City shall provide Affirmative Action guidelines to Subrecipient to assist in the formulation of such program. Subrecipient shall submit a plan for an Affirmative Action Program for approval prior to the award of funds. 2. Women- and Minority -Owned Businesses. Subrecipient shall use its best efforts to afford small businesses, minority business enterprises, and women's business enterprises the maximum practicable opportunity to participate in the performance of this contract. As used in this contract, the terms "small business" means a business that meets the criteria set forth in section 3(a) of the Small Business Act, as amended (15 U.S.C. 632), and "minority and women's business enterprise" means a business at least fifty-one (5 1) percent owned and controlled by minority group members or women. For the purpose of this definition, "minority group members" are Afro-Americans, Spanish-speaking, Spanish surnamed or Spanish -heritage Americans, Asian -Americans, and American Indians. Subrecipient may rely on written representations by businesses regarding their status as minority and female business enterprises in lieu of an independent investigation. E. Notifications. 1. Notice to workers. Subrecipient will send to each labor union or representative of workers with which it has a collective bargaining agreement or other agreement or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or workers' representative of Subrecipient's commitments hereunder, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 2. Solicitations for employment. Subrecipient will, in all solicitations or advertisements for employees placed by or on behalf of Subrecipient, state that it is an Equal Opportunity or Affirmative Action employer. F. Prohibited Activity. Subrecipient is prohibited from using funds provided herein or personnel employed in the administration of the program for political activities; sectarian, or religious activities; lobbying, political patronage, and nepotism activities. 1. Political activities. Subrecipient agrees that no funds provided, nor personnel employed PY16 SUBRECIPIENT AGREEMENT -JESSE TREE PAGE 7 OF 15 under this Agreement, shall be in any way or to any extent engage in the conduct of political activities in violation of the Hatch Act (Title V, Chapter 15, U.S.C.). 2. Religious activities. Subrecipient agrees that funds provided under this Agreement will not be utilized for religious activities, to promote religious interests, or for the benefit of a religious organization in accordance with the Federal regulations specified in 24 CFR § 570.2000). G. Labor standards. Subrecipient agrees to comply with the requirements of the Secretary of Labor in accordance with the Davis -Bacon Act as amended; the provisions of Agreement Work Hours and Safety Standards Act; the Copeland "Anti -Kickback" Act (40 U.S.C. §§ 276a, 276c, and 327); and all other applicable Federal, state and local laws and regulations pertaining to labor standards insofar as those acts apply to the performance of this Agreement. Subrecipient shall maintain documentation which demonstrates compliance with the hour and wage requirements of this part. Such documentation shall be made available to City for review upon request. Subrecipient further agrees that all Contractors engaged under contracts in excess of $2,000.00 for construction, renovation or repair of any building or work financed in whole or in part with assistance provided under this Agreement shall comply with Federal requirements pertaining to such Agreements and with the applicable requirements of the regulations of the Department of Labor, under 29 CFR Parts 1, 3, 5 and 7 governing the payment of wages and ratio of apprentices and trainees to journey workers; provided, that if wage rates higher than those required under the regulations are imposed by state or local law, nothing hereunder is intended to relieve Subrecipient of its obligation, if any, to require payment of the higher wage. H. Section 3 of the Housing and Urban Development Act of 1968 1. Compliance. Compliance with Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. § 170 1) ("Section 3"), the regulations set forth in 24 CFR Part 135, and all applicable rules and orders issued thereunder prior to the execution of this Agreement, shall be a condition of the Federal financial assistance provided under this Agreement and shall be binding upon City, Subrecipient and any of Subrecipient's subrecipients and/or subcontractors. Failure to fulfill these requirements shall subject City, Subrecipient and any of Subrecipient's subrecipients and subcontractors, their successors and assigns, to those sanctions specified by the Agreement through which Federal assistance is provided. Subrecipient certifies and agrees that no contractual or other disability exists that would prevent compliance with these requirements. 2. Subcontract language. Subrecipient further agrees to include the following language in all subcontracts executed under this Agreement: "The work to be performed under this Agreement is a project assisted under a program providing direct Federal financial assistance from HUD and is subject to the requirements of Section 3. of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. § 1701). Section 3 requires that to the greatest extent feasible opportunities for training and employment be given to low and very low income residents of the project area and Agreements for work in connection with the project be awarded to business concerns that provide economic opportunities for low and very low income persons residing in the metropolitan area in which the project is located." 3. Employment of low- and very -low-income persons. Subrecipient further agrees to ensure PY16 SUBRECIPIENT AGREEMENT -JESSE TREE PAGE 8 OF 15 that opportunities for training and employment arising in connections with a housing rehabilitation (including reduction and abatement of lead-based paint hazards), housing construction, or other public construction projects are given to low and very -low income person residing within the metropolitan area in which the CDBG-funded project is located; where feasible, priority should be given to low and very low income persons within the service area of the project or the neighborhood in which the project is located, and to low and very low income participants in other HUD programs; and award contracts for work undertaken in connection with a housing rehabilitation (including reduction and abatement of lead-based paint hazards), housing construction, or other public construction project are given to business concerns that provide economic opportunities for low and very low income persons residing within the metropolitan area in which the CDBG-funded project is located; where feasible, priority should be given to business concerns which provide economic opportunities to low and very low income residents within the service area of the neighborhood in which the project is located, and to low and very low income participants in other HUD programs. Subrecipient certifies and agrees that no contractual or other legal incapacity exists that would prevent compliance with these requirements. 4. Notifications. Subrecipient agrees to send to each labor organization or representative of workers with which it has a collective bargaining agreement or other contract or understanding, if any, a notice advising said labor organization or worker's representative of its commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. S. Subcontracts. Subrecipient will include this Section 3 clause in every subcontract and will take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the grantor agency. Subrecipient will not subcontract with any entity where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR Part 135 and will not let any subcontract unless the entity has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. I. Conflicts of Interest. Subrecipient agrees to abide by the provisions of 24 CFR §§ 84.42 and 570.61 lm, which include, but are not limited to, the following: 1. Code of Conduct. Subrecipient shall maintain a written code or standards of conduct that shall govern the performance of its officers, employees or agents engaged in the award and administration of Agreements supported by Federal funds. 2. Contract selection. No employee, officer or agent of the Subrecipient shall participate in the selection, or in the award, or administration of, a contract supported by Federal funds if a conflict of interest, real or apparent, would be involved. 3. Self-interested contracts and nepotism. No persons who exercises or have exercised any functions or responsibilities with respect to CDBG-assisted activities, or who are in a position to participate in a decision-making process or gain inside information with regard to such activities, may obtain a financial interest in any Agreement, or have a financial interest in any contract, subcontract, or agreement with respect to the CDBG-assisted activity, either for themselves or those with who they have business or immediate family ties, during their tenure or for a period of one (1) year thereafter. For purposes of this PY16 SUBRECIPIENT AGREEMENT -JESSE TREE PAGE 9 OF 15 paragraph, a "covered person" includes any person who is an employee, agent, consultant, officer, or elected or appointed official of City, the Subrecipient, or any designated public agency. J. Lobbying. The following certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S.C. Subrecipient hereby certifies that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal Agreement, the making of any Federal grant, the making of any Federal loan, the entering into of any' cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal Agreement, grant, loan, or cooperative agreement; 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal Agreement, grant, loan, or cooperative agreement, it will complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; 3. Subrecipient will require that the following language be included in the award documents for all sub -awards at all tiers (including subcontracts, sub -grants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly: "This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. § 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not let less that $10,000 and not more than $100,000 for each such failure." IV. ENVIRONMENTAL CONDITIONS A. Air and Water. Subrecipient specifically agrees to comply with the following regulations insofar as they apply to the performance of this Agreement: 1. Clean Air Act, 42 U.S.C. §§ 7401, et seg. 2. Federal Water Pollution Control Act, as amended, 33 U.S.C. §§ 1251, et seq., relating to inspection, monitoring, entry reports, and information, as well as other requirements specified in said Act, and all regulations and guidelines issued thereunder. 3. Environmental Protection Agency (EPA) regulations pursuant to 40 C.F.R. Part 50. B. Flood Disaster Protection. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. § 4001), Subrecipient shall assure that for activities located in an area identified by FEMA as having special flood hazards, flood insurance under the PY16 SUBRECIPIENT AGREEMENT -JESSE TREE PAGE 10 OF 15 National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). C. Lead -Based Paint. Subrecipient agrees that any construction or rehabilitation of residential structures with assistance provided under this Agreement shall be subject to HUD Lead -Based Paint Regulations, 24 CFR Part 35, implementing Title X of the Housing and Community Development Act of 1992. These regulations revise the CDBG lead based paint requirements under 24 CFR § 570.608. Such regulations pertain to all CDBG-assisted housing and require that all owners, prospective owners, and tenants of properties constructed prior to 1978 be properly notified that such properties may include lead-based paint. Such notification shall point out the hazards of lead-based paint and explain the symptoms, treatment and precautions that should be taken when dealing with lead-based paint poisoning and the advisability and availability of blood level screening for children under seven. The notice must also point out that if lead-based paint is found on the property, abatement measures may be undertaken. The regulations further require that, depending on the amount of Federal funds applied to a property, paint testing, risk assessment, treatment and/or abatement may be conducted. D. Historic Preservation. Subrecipient agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. § 470) and the procedures set forth in 36 CFR Part 800, Advisor Council on Historic Preservation Procedures for Protection of Properties, insofar as they apply to the performance of this Agreement. In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are fifty years or older or that are included on a Federal, state or local historic property list. V. GENERAL CONDITIONS A. Notices. All notices required to be given by either of the parties hereto shall be in writing and be deemed communicated when personally served, or mailed in the United States mail, addressed as follows: City of Meridian Jesse Tree of Idaho, Inc. Attn: Christopher Pope Attn: Linda Armstrong, President CDBG Program Administrator 1121 Miller Street 33 E. Broadway Avenue Boise, Idaho 83702 Meridian, Idaho 83642 Either party may change its authorized representative and/or address for the purpose of this paragraph by giving written notice of such change to the other party in the manner herein provided. B. Compliance with laws. Subrecipient agrees to comply with HUD regulations concerning CDBG funds, including, but not limited to, 24 CFR Part 570 and subpart K of such regulations. Subrecipient also agrees to comply with all other applicable Federal, state and local laws, regulations, and policies governing the funds provided under this Agreement, except that: (1) Subrecipient does not assume the recipient's environmental responsibilities described in 24 CFR 570.604, and (2) Subrecipient does not assume the recipient's responsibility for initiating the review process under the provisions of 24 CFR Part 52. C. Copyright. Contracts of agreements for the performance of experimental developmental or research work shall provide for the rights of the Federal Government and the recipient in any PY16 SUBRECIPIENT AGREEMENT -JESSE TREE PAGE 11 OF 15 resulting invention in accordance with 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants Contracts and Cooperative Agreements." D. Independent Contractor. Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. Subrecipient shall at all times remain an independent Contractor with respect to the services to be performed under this Agreement. City shall provide no benefits or insurance coverage whatsoever to Subrecipient and/or to its agents. E. Indemnity. Subrecipient, and each and all of its employees, agents, contractors, officials, officers, servants, guests, and/or invitees, and all participants in Subrecipient's programming, shall hold harmless, defend and indemnify City from and for all such losses, claims, actions, and/or judgments for damages or injury to persons or property and/or losses and expenses caused or incurred by Subrecipient and/or its employees, agents, contractors, officials, officers, servants, guests, and/or invitees, and participants in its programming, and other costs, including litigation costs and attorneys' fees, arising out of, resulting from, or in connection with the performance of this Agreement by Subrecipient and/or Subrecipient's employees, agents, contractors, subcontractors, officials, officers, servants, guests, invitees, participants, and/or volunteers and resulting in and/or attributable to personal injury, death, and/or damage and/or destruction to tangible or intangible property. F. Workers' Compensation. Subrecipient shall provide Workers' Compensation Insurance coverage for all employees involved in the performance of this Agreement. G. Insurance and bonding. Subrecipient shall carry sufficient insurance coverage to protect Agreement assets from loss due to theft, fraud and/or undue physical damage. Further, Subrecipient shall comply with the bonding and insurance requirements of 24 CFR §§ 84.31 and 84.48. H. Grantor Recognition. Subrecipient shall publically recognize the role of City in providing services under this Agreement. In addition, Subrecipient will include a reference to the support provided herein in all publications made possible with funds made available under this Agreement. I. Amendments. The parties hereto may amend this Agreement at any time provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of each party, and approved by City's governing body. Such amendments shall not invalidate this Agreement, nor relieve or release either party from its obligations under this Agreement. City may, in its discretion, amend this Agreement to conform with Federal, state or local governmental guidelines, policies and available funding amounts, or for other reasons. If such amendments result in a change in the funding, the scope of services, or schedule of the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment signed by both parties. J. Termination. 1. Notice of termination. Either party may terminate this Agreement by, at least 30 days before the effective date of such termination, giving written notice to the other party of such PY 16 SUBRECIPIENT AGREEMENT - JESSE TREE PAGE 12 OF 15 termination and specifying the effective date thereof. 2. Partial termination. Partial terminations of the Scope of Service as set forth herein may only be undertaken with the prior approval of City. 3. Work completed. In the event of any termination for convenience, all finished or unfinished documents, data, studies, surveys, maps, models, photographs, reports of other materials prepared by Subrecipient under this Agreement shall, at the option of City, become the property of City, and Subrecipient shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents or materials prior to the termination. 4. Termination for convenience. In accordance with 24 CFR § 85.44, suspension or termination of the Agreement, in whole or in part, may occur for convenience. 5. Termination for material noncompliance. In accordance with 24 CFR § 85.43, suspension or termination of the Agreement, in whole or in part, may occur if Subrecipient materially fails to comply with any term of this Agreement, which shall include, but shall not be limited to, the following: a. Failure to comply with any of the rules, regulations or provisions referred to herein, or such statutes, regulations, executive orders, and HUD guidelines, policies or directives as may become applicable at any time; b. Failure by Subrecipient to fulfill in a timely and proper manner its obligations under this Agreement; c. Ineffective or improper use of funds provided under this Agreement; or d. Submission by the Subrecipient to City reports that are incorrect or incomplete in any material respect. 6. Penalty for material noncompliance. In addition to suspension or termination of this Agreement and/or any other remedies as provided by law, upon a finding of material noncompliance, City may declare Subrecipient ineligible for any further participation in City CDBG programming. In the event there is probable cause to believe Subrecipient is in noncompliance with any applicable rules or regulations, City may withhold up to fifteen (15) percent of said Agreement funds until such time as Subrecipient is found to be in compliance by City, or is otherwise adjudicated to be in compliance. K. Assignment. Subrecipient shall not assign or transfer any interest in this agreement without prior written consent of City; provided, however, that claims for money due or to become due to Subrecipient from City under this Agreement may be assigned to a bank, trust company, or other financial institution without such approval. Notice of any assignment or transfer shall be furnished promptly to City. L. Subcontractors. 1. City must approve. Subrecipient shall not enter into any subcontracts with any agency or individual in the performance of this Agreement without the prior written consent of City. All subcontracts entered into in the performance of this Agreement shall be awarded pursuant to any applicable provisions of the City Purchasing Policy and/or local, state, or federal laws. PY 16 SUBRECIPIENT AGREEMENT - JESSE TREE PAGE 13 OF 15 2. Monitoring. Subrecipient shall monitor all subcontracted services on a regular basis to assure contract compliance. Results of monitoring efforts shall be summarized in written reports and supported with documented evidence of follow-up actions taken to correct areas of noncompliance. Subrecipient shall furnish and cause each of its own subrecipients or subcontractors to furnish all information and reports required hereunder and will permit access to its books, records and accounts by City, HUD or its agent, or other authorized Federal officials for purposes of investigation to ascertain compliance with the rules, regulations and provisions stated herein. 3. Subcontract content. Subrecipient shall cause all provisions of this Agreement in their entirety to be included in and made a part of any subcontract executed in the performance of this Agreement. Specifically, without limitation, Subrecipient shall include the provisions of this Agreement regarding Civil Rights and Affirmative Action in every subcontract or purchase order, specifically or by reference, to ensure that such provisions will be binding upon all subcontractors. 4. Documentation. Executed copies of all subcontracts shall be forwarded to City along with documentation concerning the selection process. M. Relocation, real property acquisition, and one-for-one housing replacement. Subrecipient agrees specifically, without limitation, to comply with: 1. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (URA), and implementing regulations at 49 CFR Part 24 and 24 CFR 570.606(b); 2. The requirements of 24 CFR 570.606(c) governing the Residential Anti -displacement and Relocation Assistance Plan under section 104(d) of the HCD Act; and 3. The requirements in 24 CFR 570.606(d) governing optional relocation policies. Subrecipient shall provide relocation assistance to displaced persons as defined by 24 CFR 570.606(b)(2) that are displaced as a direct result of acquisition, rehabilitation, demolition or conversion for a CDBG-assisted project. N. No contractual impediments. Subrecipient certifies and agrees that no contractual or other disability exists which would prevent compliance with these requirements. O. Severability. If any provision of this Agreement is held invalid, the reminder of the Agreement shall not be affected thereby and all other parts of this Agreement shall nevertheless be in full force and effect. P. Entire Agreement. This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral or written, whether previous to the execution hereof or contemporaneous herewith. Q. Non -waiver. Failure of either party to promptly enforce the strict performance of any term of this Agreement shall not constitute a waiver or relinquishment of any party's right to thereafter enforce such term, and any right or remedy hereunder may be asserted at any time after the governing body of either party becomes entitled to the benefit thereof, notwithstanding delay in enforcement. R. Approval required. This Agreement shall not become effective or binding until approved by PY16 SUBRECIPIENT AGREEMENT -JESSE TREE PAGE 14 OF 15 the respective governing bodies of both City and Subrecipient. IN WITNESS WHEREOF, the parties shall cause this Agreement to be executed by their duly authorized officers to be effective as of the day and year first above written. SUBRECIPIENT: Jesse Tree of Idaho, Inc. By: Linda Armstrong, President CITY: City of Meridian By: Tam Weerd, Mayor L \�GORPORgTFO �G r•. N� n fOr 0 Attest: �FgSURE�P�y Clay Coles ity Clerk PY16 SUBRECIPIENT AGREEMENT—JESSE TREE PAGE 15 OF 15 SUBRECIPIENT AGREEMENT BETWEEN CITY OF MERIDIAN AND ADA COUNTY HOUSING AUTHORITY FOR PY 2016 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS This Agreement is entered into this 1 day of , 20 17 by and between the City of Meridian, a municipal corporation organized under the laws of the state of Idaho ("City") and the Ada County Housing Authority, a public body corporate and politic established under the laws of the state of Idaho ("Subrecipient"). WHEREAS, City is an entitlement community, and as such has applied for and received funds from the United States Government under Title I of the Housing and Community Development Act of 1974, Public Law 93-383, i.e. Community Development Block Grant ("CDBG") funds; and WHEREAS, Subrecipient assists families in obtaining decent, safe, and affordable housing solutions, which activity complements the objectives of the CDBG program; and WHEREAS, City and Subrecipient wish to enter into a cooperative agreement for the investment of CDBG funds from Program Year 2016 (PY16); NOW, THEREFORE, in consideration of the mutual covenants of the parties, the Parties agree as follows: I. SCOPE OF SERVICE A. Activities. Subrecipient shall use City's PY16 CDBG funds in the amount of thirty thousand dollars ($30,000) to provide direct homeownership assistance to help low/moderate income ("LMI") persons purchase homes. Specifically, Subrecipient shall undertake the following activities: 1. Subsidize mortgage principal amounts; 2. Pay any or all of the reasonable closing costs; and 3. Pay up to 50% of the down payment required by the mortgagee. B. National Objective. Subrecipient certifies that the activities carried out using the City's PY16 CDBG funds provided by City under this Agreement will meet one or more of the CDBG program's National Objectives as defined in 24 CFR § 570.208. Specifically, Subrecipient's activities under this agreement shall benefit LMI persons (24 CFR § 570.208(a)(2)(i)(C)). C. Levels of accomplishment. 1. Goals. Subrecipient shall undertake activities pursuant to this Agreement to serve one (1) Unit of Service. For the purposes of this Agreement, "Units of Service" shall be defined as households assisted in the purchase of a home. 2. Performance measures. This project will provide direct homeownership assistance to LMI persons. In addition to the normal administrative services required as part of this Agreement, Subrecipient agrees to document and report on each and all of the following outcomes: a. Number of households assisted and number of persons in each household; b. Income level and ethnicity of persons provided housing; PY16 SUBRECIPIENT AGREEMENT - ADA COUNTY HOUSING AUTHORITY PAGE 1 OF 15 c. Number of persons assisted who are first-time homebuyers and the number thereof receiving housing counseling; d. Number of persons receiving down payment assistance and/or closing costs; and e. Amount of funding received by each household. D. Staffing not funded. Subrecipient agrees that no CDBG funds will be utilized for staffing. E. Performance monitoring. City will monitor the performance of Subrecipient against goals and performance measures as set forth herein. Performance monitoring shall include City's review of Subrecipients' submitted documents for accuracy and completion, as well as an on- site visit from City's CDBG Administrator to review the completeness and accuracy of records maintained. Substandard performance as determined by City shall constitute noncompliance with this Agreement. If action to correct such substandard performance is not taken by Subrecipient within fourteen days (14) after being notified by City, Agreement suspension or termination procedures will be initiated. F. Time of performance. Services of Subrecipient shall start on or before October 1, 2016 and end on September 30, 2017. The term of this Agreement and the provisions herein shall be extended to cover any additional time period during which Subrecipient remains in control of CDBG funds or other CDBG assets, including program income. G. Progress Reports. Subrecipient shall submit a monthly Progress Report, in the form and content as required by City. If Progress Reports are delinquent, draw requests will not be processed until the delinquency is cured. Progress Reports must contain information on outcome -based measurements as outlined in this Agreement. Monthly Progress Reports must be submitted even if there is no draw to accompany it for the month. Any issues or updates relevant to the activity will be included in progress report. II. ADMINISTRATIVE REQUIREMENTS A. Uniform administrative requirements. Subrecipient shall comply with applicable uniform administrative requirements, as described in 24 CFR § 570.506. B. Financial Management. 1. Budget. Subrecipient agrees that it shall use City's PY16 CDBG funds in the amount of thirty thousand dollars ($30,000) to provide direct homeownership assistance to LMI persons. City may require a detailed budget breakdown, and Subrecipient shall provide such information in a timely fashion, and in the form and content prescribed by City. 2. Supplementation of other funds. Subrecipient agrees to utilize funds available under this Agreement to supplement, rather than supplant, funds otherwise available. 3. Accounting Standards. Subrecipient agrees to comply with 24 CFR §§ 84.21 through 84.28, and further agrees to: adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. 4. Cost Principles. Subrecipient shall administer its program in conformance with OMB PY16 SUBRECIPIENT AGREEMENT - ADA COUNTY HOUSING AUTHORITY PAGE 2 OF 15 Circular A-122, "Cost Principles for Non -Profit Organizations." These principles shall be applied for all costs incurred, whether charged on a direct or indirect basis. 5. Certification of financial management system. Payments shall be contingent upon HUD's certification of Subrecipient's financial management system in accordance with 24 CFR § 84.21. 6. Subrecipient Orientation Workshop. Subrecipient agrees to meet with City's CDBG Program Administrator prior to submitting the first draw request to City. City will not process draw requests unless and until Subrecipient attends this meeting. 7. Client Data. Subrecipient shall maintain client data demonstrating client eligibility for services provided. Such data shall include, but not be limited to: client name, address, income level or other basis for determining eligibility, and description of service provided. Such information shall be made available for review upon City's request. 8. Disclosures. Subrecipient understands that client information collected under this Agreement is private and the use or disclosure of such information, when not directly connected with the administration of City or Subrecipient's responsibilities under this Agreement, is prohibited by the Financial Privacy Act unless written consent is obtained from such person receiving service and, in the case of a minor, that of a responsible parent/guardian. 9. Property Records. Subrecipient shall maintain real property inventory records that clearly identify properties purchased, improved or sold. Properties retained shall continue to meet eligibility criteria. 10. Closeout. Subrecipient's obligation to City shall not end until all closeout requirements are completed. Activities during this closeout period shall include, but shall not be limited to: malting final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and accounts receivable to City), and determining the custodianship of records. Notwithstanding the foregoing, the terms of this Agreement shall remain in effect during any period that Subrecipient has control over CDBG funds, including program income. 11. Audits and inspections. All Subrecipient records with respect to any matters covered by this Agreement shall be made available to City, HUD or its agent, or other authorized federal officials, at any time during normal business hours, as often as deemed necessary, to audit, examine, and make excerpts or transcripts of all relevant data for purposes of investigation to ascertain compliance with the rules, regulations and provisions stated herein. Any deficiencies noted in audit reports must be fully repaired by Subrecipient within thirty (30) days after receipt of such report by Subrecipient. Failure of Subrecipient to comply with the above audit requirements will constitute a violation of this Agreement and may result in the withholding of future payments. Subrecipient hereby agrees to have an annual agency audit conducted in accordance with current City policy concerning audits and as applicable, OMB Circular A-133. Subrecipient shall comply with 2 CFR 200.501, which requires that all non -Federal entities that expend $730,000 or more in a year have a single or program -specific audit. PY16 SUBRECIPIENT AGREEMENT - ADA COUNTY HOUSING AUTHORITY PAGE 3 OF 15 Subrecipient shall be willing to allow inquires from the City about the Subrecipient's financial statements and single audit reports. If subrecipient is subject to this requirement, a copy of the audit report shall be provided to the City within 30 days of completion of the audit. 12. Suspension and Debarment. Pursuant to 2 CFR Part 180, specifically, without limitation, 2 CFR section 180.220, Subrecipient is prohibited from contracting with any party that is suspended or debarred. C. Payment Procedures. 1. Program Income. The activities governed by this agreement are not anticipated to generate program income as Subrecipient shall not charge its members for the service. Any change to the activities described herein that will generate program income shall require an amendment to this agreement. 2. Indirect Costs. Indirect costs are not eligible for CDBG funding. 3. Payment Procedures. City will pay to Subrecipient funds available under this Agreement based upon information submitted by Subrecipient and consistent with any approved budget and City policy concerning payments. With the exception of certain advances, payments will be made for eligible expenses actually incurred by Subrecipient, and not to exceed actual cash requirements. Payments will be adjusted by City in accordance with advance fund and program income balances available in Subrecipient's accounts. In addition, City reserves the right to liquidate funds available under this Agreement for costs incurred by City on behalf of Subrecipient. 4. Documentation required prior to transactions. As early as practicable, and not less than two (2) weeks prior to the completion of each transaction, Subrecipient shall provide the address of the housing unit under consideration to City for floodplain and related environmental review. Failure to provide the address of the housing unit under consideration in advance of the anticipated close date may result in added expenses for the beneficiary or Subrecipient, or refusal of reimbursement by City. 5. Draw requests. It is expressly agreed and understood that the total amount to be paid by City under this Agreement shall not exceed $30,000. Drawdowns for the payment of eligible expenses shall be made against the activity specified, in accordance with performance and as expenses are incurred by Subrecipient. Draw requests shall only be accepted on official City and/or HUD forms and must be completed in full to be processed. All draw requests are to be submitted as needed, but no more than one per month and in coordination with the CDBG Administrator. Draw requests shall include the following: draw request form; progress report; beneficiary income eligibility documentation; transaction detail, HUD -1, and related summary information; and proof of payment by Subrecipient. Final draw under this Agreement will be submitted by Subrecipient no later than 30 September, 2016 unless otherwise agreed in writing. 6. Funds transfer. Pursuant to 24 CFR § 570.503(b)(7), upon expiration of this Agreement, Subrecipient shall transfer to City any CDBG funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG funds. PY16 SUBRECIPIENT AGREEMENT- ADA COUNTY HOUSING AUTHORITY PAGE 4 OF 15 7. DUNS number. Subrecipient shall comply with requirements established by the Office of Management and Budget ("OMB") concerning the Dun and Bradstreet Data Universal Numbering System ("DUNS"), the Central Contractor Registration database, and the Federal Funding Accountability and Transparency Act, including Appendix A to Part 25 of the Financial Assistance Use of Universal Identifier and Central Contractor Registration, 75 Fed. Reg. 55671 (Sept. 14, 2010) (to be codified at 2 CFR part 25) and Appendix A to Part 170 of the Requirements for Federal Funding Accountability and Transparency Act Implementation, 75 Fed. Reg. 55663 (Sept. 14, 20 10) (to be codified at 2 CFR part 170). D. Procurement. 1. Compliance with policies. Subrecipient shall comply with current Federal and City policies concerning the purchase of equipment and shall maintain inventory records of all non -expendable personal property as defined by such policy as may be procured with funds provided hereunder. 2. OMB Standards. Subrecipient shall procure all materials in accordance with the requirements of 24 CFR §§ 84.40 to 84.48. 3. Travel. Subrecipient shall obtain written approval from City prior to any travel outside the Boise metropolitan area with funds provided under this Agreement. E. Use and Reversion of Assets. The use and disposition of real property and equipment under the Agreement shall be in compliance with the requirements of 24 CFR Part 84 and 24 CFR §§ 570.502 through 570.504, as applicable, which include, but are not limited to, the following: 1. Records. Subrecipient shall maintain real property inventory records, which clearly identify properties purchased, improved or sold. 2. National Objectives met for five (5) years. Pursuant to 24 CFR § 570.503(b)(7)(i), real property that is acquired or improved, in whole or in part, with funds under this Agreement in excess of $25,000 shall be used to meet one of the CDBG National Objectives until five (5) years after expiration of this Agreement. If the use of the CDBG-assisted real property fails to meet a CDBG National Objective for this prescribed period of time, Subrecipient shall pay City an amount equal to the current market value of the property, less any portion of the value attributed to expenditures of non-CDBG funds for acquisition of or improvement to the property. Such payment shall constitute program income to City. Subrecipient may retain real property acquired or improved under this Agreement after the expiration of the five-year period. 3. Sale of equipment. In all cases in which equipment acquired in whole or in part with funds under this Agreement is sold, the proceeds shall be program income, prorated to reflect the extent to that funds received under this Agreement were used to acquire the equipment. Equipment purchased with funds received under this Agreement but not needed by the Subrecipient for activities under this Agreement shall be (a) transferred to City for the CDBG program or (b) retained after compensating City an amount equal to the current fair market value of the equipment less the percentage of non-CDBG funds used to acquire the equipment. PY 16 SUBRECIPIENT AGREEMENT -ADA COUNTY HOUSING AUTHORITY PAGE 5 OF 15 F. Records and reports. 1. Records to be maintained. In addition to specific records mentioned in this Agreement, Subrecipient shall maintain all records that are pertinent to the activities to be funded under this Agreement, including, but not limited to, those required by the Federal regulations specified in 24 CFR § 570.506, and: a. Full descriptions and records of each activity undertaken; b. Records related to activities meeting the National Objectives; c. Records required to determine the eligibility of activities for CDBG funding; d. Records required to document the acquisition, improvement, use or disposition of real property acquired or improved with CDBG assistance; e. Records documenting compliance with the fair housing and equal opportunity components of the CDBG Program; f. Financial records, as required by 24 CFR §§ 84.21 through 84.28 and 570.502; g. Other records necessary to document compliance with 24 CFR Part 570, Subpart K, except that Subrecipient does not assume City's responsibilities under 24 CFR § 570.604 and part 52. 2. Records retention. Subrecipient shall retain all records pertinent to the expenditures incurred under this Agreement for a period of five (5) years after the termination of all activities funded under this Agreement, defined as the date of the submission of City's final annual performance and evaluation report to HUD. Records for non -expendable property acquired with funds under this Agreement shall be retained for five (5) years after final disposition of such property. If, prior to the expiration of the five-year period, any litigation, claims, audits, negotiations or other actions begin that involve any of the records cited, such records shall be retained until completion of the actions and resolutions of all issues, or the expiration of the five-year period, whichever occurs later. III. EMPLOYMENT AND LABOR CONDITION REQUIREMENTS A. Civil Rights Act. Subrecipient agrees to comply with Title VI of the Civil Rights Act of 1964 as amended, Title VII of the Civil Rights Act of 1968 as amended, Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of 1974, Section 504 of the Rehabilitation Act of 1974, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, the Executive Order 11246 as amended by Executive Order 11375 and 12086, and 24 CFR 570.601 and 570.602. In regard to the sale, lease, or other transfer of land acquired, cleared or improved with assistance provided under this contract, Subrecipient shall cause or require a covenant running with the land to be inserted in the deed or lease for such transfer, prohibiting discrimination as herein defined, in the sale, lease or rental, or in the use or occupancy of such land, or in any improvements erected or to be erected thereon, providing that City and the United States are beneficiaries of and entitled to enforce such covenants. Subrecipient, in undertaking its obligation to carry out the program assisted hereunder, agrees to take such measures as are necessary to enforce such covenant, and will not itself so discriminate. B. Nondiscrimination. Subrecipient agrees to comply with the non-discrimination in employment and contracting opportunities laws, regulations, and executive orders referenced in 24 CFR § 570.607, as revised by Executive Order 13279. The applicable non-discrimination PY16 SUBRECIPIENT AGREEMENT -ADA COUNTY HOUSING AUTHORITY PAGE 6 OF 15 provisions in Section 109 of the HCDA are also applicable. Subrecipient will not discriminate against any employee or applicant for employment or services because of race, color, creed, religion, ancestry, national origin, sex, disability or other handicap, age, marital status or status with regard to public assistance. Subrecipient will take affirmative action to insure that all employment practices are free from such discrimination. Such employment practices include but are not limited to the following: hiring, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. C. ADA section 504. Subrecipient agrees to comply with Federal regulations pursuant to compliance with Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 706) which prohibits discrimination against the handicapped in any Federally -assisted program. City shall provide Subrecipient with any guidelines necessary for compliance with that portion of the regulations in force during the term of this Agreement. D. Affirmative Action. 1. Approved Plan. Subrecipient agrees that it shall be committed to carry out pursuant to City's specifications an Affirmative Action Program in keeping with the principles as provided in President's Executive Order 11246 of September 24, 1966. City shall provide Affirmative Action guidelines to Subrecipient to assist in the formulation of such program. Subrecipient shall submit a plan for an Affirmative Action Program for approval prior to the award of funds. 2. Women- and Minority -Owned Businesses. Subrecipient shall use its best efforts to afford small businesses, minority business enterprises, and women's business enterprises the maximum practicable opportunity to participate in the performance of this contract. As used in this contract, the terms "small business" means a business that meets the criteria set forth in section 3(a) of the Small Business Act, as amended (15 U.S.C. 632), and "minority and women's business enterprise" means a business at least fifty-one (5 1) percent owned and controlled by minority group members or women. For the purpose of this definition, "minority group members" are Afro-Americans, Spanish-speaking, Spanish surnamed or Spanish -heritage Americans, Asian -Americans, and American Indians. Subrecipient may rely on written representations by businesses regarding their status as minority and female business enterprises in lieu of an independent investigation. E. Notifications. 1. Notice to workers. Subrecipient will send to each labor union or representative of workers with which it has a collective bargaining agreement or other agreement or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or workers' representative of Subrecipient's commitments hereunder, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 2. Solicitations for employment. Subrecipient will, in all solicitations or advertisements for employees placed by or on behalf of Subrecipient, state that it is an Equal Opportunity or Affirmative Action employer. PY 16 SUBRECIPIENT AGREEMENT - ADA COUNTY HOUSING AUTHORITY PAGE 7 OF 15 F. Prohibited Activity. Subrecipient is prohibited from using funds provided herein or personnel employed in the administration of the program for political activities; sectarian, or religious activities; lobbying, political patronage, and nepotism activities. 1. Political activities. Subrecipient agrees that no funds provided, nor personnel employed under this Agreement, shall be in any way or to any extent engage in the conduct of political activities in violation of the Hatch Act (Title V, Chapter 15, U.S.C.). 2. Religious activities. Subrecipient agrees that funds provided under this Agreement will not be utilized for religious activities, to promote religious interests, or for the benefit of a religious organization in accordance with the Federal regulations specified in 24 CFR § 570.2000). G. Labor standards. Subrecipient agrees to comply with the requirements of the Secretary of Labor in accordance with the Davis -Bacon Act as amended; the provisions of Agreement Work Hours and Safety Standards Act; the Copeland "Anti -Kickback" Act (40 U.S.C. §§ 276a, 276c, and 327); and all other applicable Federal, state and local laws and regulations pertaining to labor standards insofar as those acts apply to the performance of this Agreement. Subrecipient shall maintain documentation which demonstrates compliance with the hour and wage requirements of this part. Such documentation shall be made available to City for review upon request. Subrecipient further agrees that all Contractors engaged under contracts in excess of $2,000.00 for construction, renovation or repair of any building or work financed in whole or in part with assistance provided under this Agreement shall comply with Federal requirements pertaining to such Agreements and with the applicable requirements of the regulations of the Department of Labor, under 29 CFR Parts 1, 3, 5 and 7 governing the payment of wages and ratio of apprentices and trainees to journey workers; provided, that if wage rates higher than those required under the regulations are imposed by state or local law, nothing hereunder is intended to relieve Subrecipient of its obligation, if any, to require payment of the higher wage. H. Section 3 of the Housing and Urban Development Act of 1968. 1. Compliance. Compliance with Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. § 1701) ("Section 3"), the regulations set forth in 24 CFR Part 135, and all applicable rules and orders issued thereunder prior to the execution of this Agreement, shall be a condition of the Federal financial assistance provided under this Agreement and shall be binding upon City, Subrecipient and any of Subrecipient's subrecipients and/or subcontractors. Failure to fulfill these requirements shall subject City, Subrecipient and any of Subrecipient's subrecipients and subcontractors, their successors and assigns, to those sanctions specified by the Agreement through which Federal assistance is provided. Subrecipient certifies and agrees that no contractual or other disability exists that would prevent compliance with these requirements. 2. Subcontract language. Subrecipient further agrees to include the following language in all subcontracts executed under this Agreement: "The work to be performed under this Agreement is a project assisted under a program providing direct Federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. § 1701). Section 3 requires that to the greatest extent feasible opportunities for training and employment be given to low and very low income residents of the project area and Agreements for work in connection PY16 SUBRECIPIENT AGREEMENT - ADA COUNTY HOUSING AUTHORITY PAGE 8 OF 15 with the project be awarded to business concerns that provide economic opportunities for low and very low income persons residing in the metropolitan area in which the project is located." 3. Employment of low- and very -low-income persons. Subrecipient further agrees to ensure that opportunities for training and employment arising in connections with a housing rehabilitation (including reduction and abatement of lead-based paint hazards), housing construction, or other public construction projects are given to low and very -low income person residing within the metropolitan area in which the CDBG-funded project is located; where feasible, priority should be given to low and very low income persons within the service area of the project or the neighborhood in which the project is located, and to low and very low income participants in other HUD programs; and award contracts for work undertaken in connection with a housing rehabilitation (including reduction and abatement of lead-based paint hazards), housing construction, or other public construction project are given to business concerns that provide economic opportunities for low and very low income persons residing within the metropolitan area in which the CDBG-funded project is located; where feasible, priority should be given to business concerns which provide economic opportunities to low and very low income residents within the service area of the neighborhood in which the project is located, and to low and very low income participants in other HUD programs. Subrecipient certifies and agrees that no contractual or other legal incapacity exists that would prevent compliance with these requirements. 4. Notifications. Subrecipient agrees to send to each labor organization or representative of workers with which it has a collective bargaining agreement or other contract or understanding, if any, a notice advising said labor organization or worker's representative of its commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. 5. Subcontracts. Subrecipient will include this Section 3 clause in every subcontract and will take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the grantor agency. Subrecipient will not subcontract with any entity where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR Part 135 and will not let any subcontract unless the entity has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. I. Conflicts of Interest. Subrecipient agrees to abide by the provisions of 24 CFR §§ 84.42 and 570.611m, which include, but are not limited to, the following: 1. Code of Conduct. Subrecipient shall maintain a written code or standards of conduct that shall govern the performance of its officers, employees or agents engaged in the award and administration of Agreements supported by Federal funds. 2. Contract selection. No employee, officer or agent of the Subrecipient shall participate in the selection, or in the award, or administration of, a contract supported by Federal funds if a conflict of interest, real or apparent, would be involved. 3. Self-interested contracts and nepotism. No persons who exercises or have exercised any functions or responsibilities with respect to CDBG-assisted activities, or who are in a PY16 SUBRECIPIENT AGREEMENT- ADA COUNTY HOUSING AUTHORITY PAGE 9 OF 15 position to participate in a decision -malting process or gain inside information with regard to such activities, may obtain a financial interest in any Agreement, or have a financial interest in any contract, subcontract, or agreement with respect to the CDBG-assisted activity, either for themselves or those with who they have business or immediate family ties, during their tenure or for a period of one (1) year thereafter. For purposes of this paragraph, a "covered person" includes any person who is an employee, agent, consultant, officer, or elected or appointed official of City, the Subrecipient, or any designated public agency. J. Lobbying. The following certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S.C. Subrecipient hereby certifies that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal Agreement, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal Agreement, grant, loan, or cooperative agreement; 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal Agreement, grant, loan, or cooperative agreement, it will complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; 3. Subrecipient will require that the following language be included in the award documents for all sub -awards at all tiers (including subcontracts, sub -grants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly: "This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. § 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not let less that $10,000 and not more than $100,000 for each such failure." IV. ENVIRONMENTAL CONDITIONS A. Air and Water. Subrecipient specifically agrees to comply with the following regulations insofar as they apply to the performance of this Agreement: 1. Clean Air Act, 42 U.S.C. §§ 7401, et seq. 2. Federal Water Pollution Control Act, as amended, 33 U.S.C. §§ 1251, et seq., relating to inspection, monitoring, entry reports, and information, as well as other requirements specified in said Act, and all regulations and guidelines issued thereunder. PY16 SUBRECIPIENT AGREEMENT -ADA COUNTY HOUSING AUTHORITY PAGE 10 OF 15 3. Environmental Protection Agency (EPA) regulations pursuant to 40 C.F.R. Part 50. B. Flood Disaster Protection. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. § 4001), Subrecipient shall assure that for activities located in an area identified by FEMA as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). C. Lead -Based Paint. Subrecipient agrees that any construction or rehabilitation of residential structures with assistance provided under this Agreement shall be subject to HUD Lead -Based Paint Regulations, 24 CFR Part 35, implementing Title X of the Housing and Community Development Act of 1992. These regulations revise the CDBG lead based paint requirements under 24 CFR § 570.608. Such regulations pertain to all CDBG-assisted housing and require that all owners, prospective owners, and tenants of properties constructed prior to 1978 be properly notified that such properties may include lead-based paint. Such notification shall point out the hazards of lead-based paint and explain the symptoms, treatment and precautions that should be taken when dealing with lead-based paint poisoning and the advisability and availability of blood level screening for children under seven. The notice must also point out that if lead-based paint is found on the property, abatement measures may be undertaken. The regulations further require that, depending on the amount of Federal funds applied to a property, paint testing, risk assessment, treatment and/or abatement may be conducted. D. Historic Preservation. Subrecipient agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. § 470) and the procedures set forth in 36 CFR Part 800, Advisor Council on Historic Preservation Procedures for Protection of Properties, insofar as they apply to the performance of this Agreement. In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are fifty years or older or that are included on a Federal, state or local historic property list. V. GENERAL CONDITIONS A. Notices. All notices required to be given by either of the parties hereto shall be in writing and be deemed communicated when personally served, or mailed in the United States mail, addressed as follows: City of Meridian Ada County Housing Authority Attn: Chris Pope Attn: Jillian Patterson CDBG Program Administrator Housing Programs Manager 33 E. Broadway Avenue 1276 W. River Street Meridian, Idaho 83642 Boise, Idaho 83702 Either party may change its authorized representative and/or address for the purpose of this paragraph by giving written notice of such change to the other party in the manner herein provided. B. Compliance with laws. Subrecipient agrees to comply with HUD regulations concerning CDBG funds, including, but not limited to, 24 CFR Part 570 and subpart K of such regulations. Subrecipient also agrees to comply with all other applicable Federal, state and local laws, regulations, and policies governing the funds provided under this Agreement, except that: (1) Subrecipient does not assume the recipient's environmental responsibilities described in 24 PY 16 SUBRECIPIENT AGREEMENT -ADA COUNTY HOUSING AUTHORITY PAGE 11 OF 15 CFR 570.604, and (2) Subrecipient does not assume the recipient's responsibility for initiating the review process under the provisions of 24 CFR Part 52. C. Copyright. Contracts of agreements for the performance of experimental developmental or research work shall provide for the rights of the Federal Government and the recipient in any resulting invention in accordance with 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants Contracts and Cooperative Agreements." D. Independent Contractor. Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. Subrecipient shall at all times remain an independent Contractor with respect to the services to be performed under this Agreement. City shall provide no benefits or insurance coverage whatsoever to Subrecipient and/or to its agents. E. Indemnity. Subrecipient, and each and all of its employees, agents, contractors, officials, officers, servants, guests, and/or invitees, and all participants in Subrecipient's programming, shall hold harmless, defend and indemnify City from and for all such losses, claims, actions, and/or judgments for damages or injury to persons or property and/or losses and expenses caused or incurred by Subrecipient and/or its employees, agents, contractors, officials, officers, servants, guests, and/or invitees, and participants in its programming, and other costs, including litigation costs and attorneys' fees, arising out of, resulting from, or in connection with the performance of this Agreement by Subrecipient and/or Subrecipient's employees, agents, contractors, subcontractors, officials, officers, servants, guests, invitees, participants, and/or volunteers and resulting in and/or attributable to personal injury, death, and/or damage and/or destruction to tangible or intangible property. F. Workers' Compensation. Subrecipient shall provide Workers' Compensation Insurance coverage for all employees involved in the performance of this Agreement. G. Insurance and bonding. Subrecipient shall carry sufficient insurance coverage to protect Agreement assets from loss due to theft, fraud and/or undue physical damage. Further, Subrecipient shall comply with the bonding and insurance requirements of 24 CFR §§ 84.31 and 84.48. H. Grantor Recognition. Subrecipient shall publically recognize the role of City in providing services under this Agreement. In addition, Subrecipient will include a reference to the support provided herein in all publications made possible with funds made available under this Agreement. I. Amendments. The parties hereto may amend this Agreement at any time provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of each party, and approved by City's governing body. Such amendments shall not invalidate this Agreement, nor relieve or release either party from its obligations under this Agreement. City may, in its discretion, amend this Agreement to conform with Federal, state or local governmental guidelines, policies and available funding amounts, or for other reasons. If such amendments result in a change in the funding, the scope of services, or schedule of the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment signed by both parties. PY16 SUBRECIPIENT AGREEMENT- ADA COUNTY HOUSING AUTHORITY PAGE 12 OF 15 J. Termination. 1. Notice of termination. Either party may terminate this Agreement by, at least 30 days before the effective date of such termination, giving written notice to the other party of such termination and specifying the effective date thereof. 2. Partial termination. Partial terminations of the Scope of Service as set forth herein may only be undertaken with the prior approval of City. 3. Work completed. In the event of any termination for convenience, all finished or unfinished documents, data, studies, surveys, maps, models, photographs, reports of other materials prepared by Subrecipient under this Agreement shall, at the option of City, become the property of City, and Subrecipient shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents or materials prior to the termination. 4. Termination for convenience. In accordance with 24 CFR § 85.44, suspension or termination of the Agreement, in whole or in part, may occur for convenience. 5. Termination for material noncompliance. In accordance with 24 CFR § 85.43, suspension or termination of the Agreement, in whole or in part, may occur if Subrecipient materially fails to comply with any term of this Agreement, which shall include, but shall not be limited to, the following: a. Failure to comply with any of the rules, regulations or provisions referred to herein, or such statutes, regulations, executive orders, and HUD guidelines, policies or directives as may become applicable at any time; b. Failure by Subrecipient to fulfill in a timely and proper manner its obligations under this Agreement; c. Ineffective or improper use of funds provided under this Agreement; or d. Submission by the Subrecipient to City reports that are incorrect or incomplete in any material respect. 6. Penalty for material noncompliance. In addition to suspension or termination of this Agreement and/or any other remedies as provided by law, upon a finding of material noncompliance, City may declare Subrecipient ineligible for any further participation in City CDBG programming. In the event there is probable cause to believe Subrecipient is in noncompliance with any applicable rules or regulations, City may withhold up to fifteen (15) percent of said Agreement funds until such time as Subrecipient is found to be in compliance by City, or is otherwise adjudicated to be in compliance. K. Assignment. Subrecipient shall not assign or transfer any interest in this agreement without prior written consent of City; provided, however, that claims for money due or to become due to Subrecipient from City under this Agreement may be assigned to a bank, trust company, or other financial institution without such approval. Notice of any assignment or transfer shall be furnished promptly to City. L. Subcontractors. PY16 SUBRECIPIENT AGREEMENT -ADA COUNTY HOUSING AUTHORITY PAGE 13 OF 15 1. City must approve. Subrecipient shall not enter into any subcontracts with any agency or individual in the performance of this Agreement without the prior written consent of City. All subcontracts entered into in the performance of this Agreement shall be awarded pursuant to any applicable provisions of the City Purchasing Policy and/or local, state, or federal laws. 2. Monitoring. Subrecipient shall monitor all subcontracted services on a regular basis to assure contract compliance. Results of monitoring efforts shall be summarized in written reports and supported with documented evidence of follow-up actions taken to correct areas of noncompliance. Subrecipient shall furnish and cause each of its own subrecipients or subcontractors to furnish all information and reports required hereunder and will permit access to its books, records and accounts by City, HUD or its agent, or other authorized Federal officials for purposes of investigation to ascertain compliance with the rules, regulations and provisions stated herein. 3. Subcontract content. Subrecipient shall cause all provisions of this Agreement in their entirety to be included in and made a part of any subcontract executed in the performance of this Agreement. Specifically, without limitation, Subrecipient shall include the provisions of this Agreement regarding Civil Rights and Affirmative Action in every subcontract or purchase order, specifically or by reference, to ensure that such provisions will be binding upon all subcontractors. 4. Documentation. Executed copies of all subcontracts shall be forwarded to City along with documentation concerning the selection process. M. Relocation, real property acquisition, and one-for-one housing replacement. Subrecipient agrees specifically, without limitation, to comply with: 1. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (URA), and implementing regulations at 49 CFR Part 24 and 24 CFR 570.606(b); 2. The requirements of 24 CFR 570.606(c) governing the Residential Anti -displacement and Relocation Assistance Plan under section 104(d) of the HCD Act; and 3. The requirements in 24 CFR 570.606(d) governing optional relocation policies. Subrecipient shall provide relocation assistance to displaced persons as defined by 24 CFR 570.606(b)(2) that are displaced as a direct result of acquisition, rehabilitation, demolition or conversion for a CDBG-assisted project. N. No contractual impediments. Subrecipient certifies and agrees that no contractual or other disability exists which would prevent compliance with these requirements. O. Severability. If any provision of this Agreement is held invalid, the reminder of the Agreement shall not be affected thereby and all other parts of this Agreement shall nevertheless be in full force and effect. P. Entire Agreement. This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral or written, whether previous to the execution hereof or contemporaneous herewith. Q. Non -waiver. Failure of either party to promptly enforce the strict performance of any term of this Agreement shall not constitute a waiver or relinquishment of any party's right to thereafter PY16 SUBRECIPIENT AGREEMENT -ADA COUNTY HOUSING AUTHORITY PAGE 14 OF 15 enforce such term, and any right or remedy hereunder may be asserted at any time after the governing body of either party becomes entitled to the benefit thereof, notwithstanding delay in enforcement. R. Approval required. This Agreement shall not become effective or binding until approved by the respective governing bodies of both City and Subrecipient. IN WITNESS WHEREOF, the parties shall cause this Agreement to be executed by their duly authorized officers to be effective as of the day and year first above written. SUBRECIPIENT: Ada County Housing Authority x y: Deanna Watson, Executive Director CITY: City of Meridian By: Tame Weerd, Mayor Attest: r REASURE C.&ay Cole , City Clerk PY 16 SUBRECIPIENT AGREEMENT— ADA COUNTY HOUSING AUTHORITY PAGE 15 OF 15 c Stlnk) � w Attest: r REASURE C.&ay Cole , City Clerk PY 16 SUBRECIPIENT AGREEMENT— ADA COUNTY HOUSING AUTHORITY PAGE 15 OF 15 SUBRECIPIENT AGREEMENT BETWEEN CITY OF MERIDIAN AND NEIGHBORWORKS BOISE FOR PY 2016 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS This Agreement is entered into this L day of t`c<� �' , 20 17 by and between the City of Meridian, a municipal corporation organized under the laws of the state of Idaho ("City") and Neighborhood Housing Services, Inc., dba NeighborWorks Boise, a nonprofit charitable organization established under the laws of the state of Idaho ("Subrecipient"). WHEREAS, City is an entitlement community, and as such has applied for and received funds from the United States Government under Title I of the Housing and Community Development Act of 1974, Public Law 93-383, i.e. Community Development Block Grant ("CDBG") funds; and WHEREAS, Subrecipient assists families in obtaining decent, safe, and affordable housing solutions, which activity complements the objectives of the CDBG program; and WHEREAS, City and Subrecipient wish to enter into a cooperative agreement for the investment of CDBG funds from Program Year 2016 (PY16); NOW, THEREFORE, in consideration of the mutual covenants of the parties, the Parties agree as follows: I. SCOPE OF SERVICE A. Activities. Subrecipient shall use City's PY16 CDBG funds in the amount of thirty thousand dollars ($30,000) to provide direct homeownership assistance to help low/moderate income ("LMI") persons purchase homes. Specifically, Subrecipient shall undertake the following activities: 1. Subsidize mortgage principal amounts; 2. Pay any or all of the reasonable closing costs; and 3. Pay up to 50% of the down payment required by the mortgagee. B. National Objective. Subrecipient certifies that the activities carried out using the City's PY16 CDBG funds provided by City under this Agreement will meet one or more of the CDBG program's National Objectives as defined in 24 CFR § 570.208. Specifically, Subrecipient's activities under this agreement shall benefit LMI persons (24 CFR § 570.208(a)(2)(i)(C)). C. Levels of accomplishment. 1. Goals. Subrecipient shall undertake activities pursuant to this Agreement to serve one (1) Unit of Service. For the purposes of this Agreement, "Units of Service" shall be defined as households assisted in the purchase of a home. PY16 SUBRECIPIENT AGREEMENT — NEIGHBORWORKs BOISE PAGE 1 OF 17 provide such information in a timely fashion, and in the form and content prescribed by City. 2. Supplementation of other funds. Subrecipient agrees to utilize funds available under this Agreement to supplement, rather than supplant, funds otherwise available. 3. Accounting Standards. Subrecipient agrees to comply with 24 CFR §§ 84.21 through 84.28, and further agrees to: adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. 4. Cost Principles. Subrecipient shall administer its program in conformance with OMB Circular A-122, "Cost Principles for Non -Profit Organizations." These principles shall be applied for all costs incurred, whether charged on a direct or indirect basis. 5. Certification of financial management system. Payments shall be contingent upon HUD's certification of Subrecipient's financial management system in accordance with 24 CFR § 84.21. 6. Subrecipient Orientation Workshop. Subrecipient agrees to meet with City's CDBG Program Administrator prior to submitting the first draw request to City. City will not process draw requests unless and until Subrecipient attends this meeting. 7. Client Data. Subrecipient shall maintain client data demonstrating client eligibility for services provided. Such data shall include, but not be limited to: client name, address, income level or other basis for determining eligibility, and description of service provided. Such information shall be made available for review upon City's request. 8. Disclosures. Subrecipient understands that client information collected under this Agreement is private and the use or disclosure of such information, when not directly connected with the administration of City or Subrecipient's responsibilities under this Agreement, is prohibited by the Financial Privacy Act unless written consent is obtained from such person receiving service and, in the case of a minor, that of a responsible parent/guardian. 9. Property Records. Subrecipient shall maintain real property inventory records that clearly identify properties purchased, improved or sold. Properties retained shall continue to meet eligibility criteria. 10. Closeout. Subrecipient's obligation to City shall not end until all closeout requirements are completed. Activities during this closeout period shall include, but shall not be limited to: making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and accounts receivable to City), and determining the custodianship PY16 SUBRECIPIENT AGREEMENT-NEIGHBORWORKS BOISE PAGE 3 OF 17 3. Payment Procedures. City will pay to Subrecipient funds available under this Agreement based upon information submitted by Subrecipient and consistent with any approved budget and City policy concerning payments. With the exception of certain advances, payments will be made for eligible expenses actually incurred by Subrecipient, and not to exceed actual cash requirements. Payments will be adjusted by City in accordance with advance fund and program income balances available in Subrecipient's accounts. In addition, City reserves the right to liquidate funds available under this Agreement for costs incurred by City on behalf of Subrecipient. 4. Documentation required prior to transactions. As early as practicable, and not less than two (2) weeks prior to the completion of each transaction, Subrecipient shall provide the address of the housing unit under consideration to City for floodplain and related environmental review. Failure to provide the address of the housing unit under consideration in advance of the anticipated close date may result in added expenses for the beneficiary or Subrecipient, or refusal of reimbursement by City. 5. Draw requests. It is expressly agreed and understood that the total amount to be paid by City under this Agreement shall not exceed $30,000. Drawdowns for the payment of eligible expenses shall be made against the activity specified, in accordance with performance and as expenses are incurred by Subrecipient. Draw requests shall only be accepted on official City and/or HUD forms and must be completed in full to be processed. All draw requests are to be submitted as needed, but no more than one per month and in coordination with the CDBG Administrator. Draw requests shall include the following: draw request form; progress report; beneficiary income eligibility documentation; transaction detail, HUD -1, and related summary information; and proof of payment by Subrecipient. Final draw under this Agreement will be submitted by Subrecipient no later than 30 September, 2017 unless otherwise agreed in writing. 6. Funds transfer. Pursuant to 24 CFR § 570.503(b)(7), upon expiration of this Agreement, Subrecipient shall transfer to City any CDBG funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG funds. 7. DUNS number. Subrecipient shall comply with requirements established by the Office of Management and Budget ("OMB") concerning the Dun and Bradstreet Data Universal Numbering System ("DUNS"), the Central Contractor Registration database, and the Federal Funding Accountability and Transparency Act, including Appendix A to Part 25 of the Financial Assistance Use of Universal Identifier and Central Contractor Registration, 75 Fed. Reg. 55671 (Sept. 14, 2010) (to be codified at 2 CFR part 25) and Appendix A to Part 170 of the Requirements for Federal Funding Accountability and Transparency Act Implementation, 75 Fed. Reg. 55663 (Sept. 14, 2010) (to be codified at 2 CFR part 170). D. Procurement. 1. Compliance with policies. Subrecipient shall comply with current Federal and City PY 16 SUBRECIPIENT AGREEMENT - NEIGHBORWORKS BOISE PAGE 5 OF 17 b. Records related to activities meeting the National Objectives; c. Records required to determine the eligibility of activities for CDBG funding; d. Records required to document the acquisition, improvement, use or disposition of real property acquired or improved with CDBG assistance; e. Records documenting compliance with the fair housing and equal opportunity components of the CDBG Program; f. Financial records, as required by 24 CFR §§ 84.21 through 84.28 and 570.502; g. Other records necessary to document compliance with 24 CFR Part 570, Subpart K, except that Subrecipient does not assume City's responsibilities under 24 CFR § 570.604 and part 52. 2. Records retention. Subrecipient shall retain all records pertinent to the expenditures incurred under this Agreement for a period of five (5) years after the termination of all activities funded under this Agreement, defined as the date of the submission of City's final annual performance and evaluation report to HUD. Records for non - expendable property acquired with funds under this Agreement shall be retained for five (5) years after final disposition of such property. If, prior to the expiration of the five-year period, any litigation, claims, audits, negotiations or other actions begin that involve any of the records cited, such records shall be retained until completion of the actions and resolutions of all issues, or the expiration of the five-year period, whichever occurs later. III. EMPLOYMENT AND LABOR CONDITION REQUIREMENTS A. Civil Rights Act. Subrecipient agrees to comply with Title VI of the Civil Rights Act of 1964 as amended, Title VII of the Civil Rights Act of 1968 as amended, Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of 1974, Section 504 of the Rehabilitation Act of 1974, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, the Executive Order 11246 as amended by Executive Order 11375 and 12086, and 24 CFR 570.601 and 570.602. In regard to the sale, lease, or other transfer of land acquired, cleared or improved with assistance provided under this contract, Subrecipient shall cause or require a covenant running with the land to be inserted in the deed or lease for such transfer, prohibiting discrimination as herein defined, in the sale, lease or rental, or in the use or occupancy of such land, or in any improvements erected or to be erected thereon, providing that City and the United States are beneficiaries of and entitled to enforce such covenants. Subrecipient, in undertaking its obligation to carry out the program assisted hereunder, agrees to take such measures as are necessary to enforce such covenant, and will not itself so discriminate. B. Nondiscrimination. Subrecipient agrees to comply with the non-discrimination in employment and contracting opportunities laws, regulations, and executive orders referenced in 24 CFR § 570.607, as revised by Executive Order 13279. The applicable non-discrimination provisions in Section 109 of the HCDA are also applicable. Subrecipient will not discriminate against any employee or applicant for employment or services because of race, color, creed, religion, ancestry, national origin, sex, disability or PY16 SUBRECIPIENT AGREEMENT -NEIGHBORWORKS BOISE PAGE 7 OF 17 an Equal Opportunity or Affirmative Action employer. F. Prohibited Activity. Subrecipient is prohibited from using funds provided herein or personnel employed in the administration of the program for political activities; sectarian, or religious activities; lobbying, political patronage, and nepotism activities. 1. Political activities. Subrecipient agrees that no funds provided, nor personnel employed under this Agreement, shall be in any way or to any extent engage in the conduct of political activities in violation of the Hatch Act (Title V, Chapter 15, U.S.C.). 2. Religious activities. Subrecipient agrees that funds provided under this Agreement will not be utilized for religious activities, to promote religious interests, or for the benefit of a religious organization in accordance with the Federal regulations specified in 24 CFR § 570.2000). G. Labor standards. Subrecipient agrees to comply with the requirements of the Secretary of Labor in accordance with the Davis -Bacon Act as amended; the provisions of Agreement Work Hours and Safety Standards Act; the Copeland "Anti -Kickback" Act (40 U.S.C. §§ 276a, 276c, and 327); and all other applicable Federal, state and local laws and regulations pertaining to labor standards insofar as those acts apply to the performance of this Agreement. Subrecipient shall maintain documentation which demonstrates compliance with the hour and wage requirements of this part. Such documentation shall be made available to City for review upon request. Subrecipient further agrees that all Contractors engaged under contracts in excess of $2,000.00 for construction, renovation or repair of any building or work financed in whole or in part with assistance provided under this Agreement shall comply with Federal requirements pertaining to such Agreements and with the applicable requirements of the regulations of the Department of Labor, under 29 CFR Parts 1, 3, 5 and 7 governing the payment of wages and ratio of apprentices and trainees to journey workers; provided, that if wage rates higher than those required under the regulations are imposed by state or local law, nothing hereunder is intended to relieve Subrecipient of its obligation, if any, to require payment of the higher wage. H. Section 3 of the Housing and Urban Development Act of 1968. 1. Compliance. Compliance with Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. § 1701) ("Section 3"), the regulations set forth in 24 CFR Part 135, and all applicable rules and orders issued thereunder prior to the execution of this Agreement, shall be a condition of the Federal financial assistance provided under this Agreement and shall be binding upon City, Subrecipient and any of Subrecipient's subrecipients and/or subcontractors. Failure to fulfill these requirements shall subject City, Subrecipient and any of Subrecipient's subrecipients and subcontractors, their successors and assigns, to those sanctions specified by the Agreement through which Federal assistance is provided. Subrecipient certifies and agrees that no contractual or other disability exists that would prevent compliance PY 16 SUBRECIPIENT AGREEMENT — NEIGHBORWORKs BOISE PAGE 9 OF 17 ability to comply with the requirements of these regulations. I. Conflicts of Interest. Subrecipient agrees to abide by the provisions of 24 CFR §§ 84.42 and 570.611m, which include, but are not limited to, the following: 1. Code of Conduct. Subrecipient shall maintain a written code or standards of conduct that shall govern the performance of its officers, employees or agents engaged in the award and administration of Agreements supported by Federal funds. 2. Contract selection. No employee, officer or agent of the Subrecipient shall participate in the selection, or in the award, or administration of, a contract supported by Federal funds if a conflict of interest, real or apparent, would be involved. 3. Self-interested contracts and nepotism. No persons who exercises or have exercised any functions or responsibilities with respect to CDBG-assisted activities, or who are in a position to participate in a decision-making process or gain inside information with regard to such activities, may obtain a financial interest in any Agreement, or have a financial interest in any contract, subcontract, or agreement with respect to the CDBG-assisted activity, either for themselves or those with who they have business or immediate family ties, during their tenure or for a period of one (1) year thereafter. For purposes of this paragraph, a "covered person" includes any person who is an employee, agent, consultant, officer, or elected or appointed official of City, the Subrecipient, or any designated public agency. J. Lobbying. The following certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S.C. Subrecipient hereby certifies that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal Agreement, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal Agreement, grant, loan, or cooperative agreement; 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal Agreement, grant, loan, or cooperative agreement, it will complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; 3. Subrecipient will require that the following language be included in the award documents for all sub -awards at all tiers (including subcontracts, sub -grants, and PY16 SUBRECIPIENT AGREEMENT - NEIGHBORWORKS BOISE PAGE 11 OF 17 Historic Preservation Procedures for Protection of Properties, insofar as they apply to the performance of this Agreement. In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are fifty years or older or that are included on a Federal, state or local historic property list. V. GENERAL CONDITIONS A. Notices. All notices required to be given by either of the parties hereto shall be in writing and be deemed communicated when personally served, or mailed in the United States mail, addressed as follows: City of Meridian NeighborWorks Boise Attn: Chris Pope Attn: Patrick Clayton CDBG Program Administrator Home Ownership Lending Director 33 E. Broadway Avenue 3380 W Americana Terrace Ste 120 Meridian, Idaho 83642 Boise, Idaho 83706 Either party may change its authorized representative and/or address for the purpose of this paragraph by giving written notice of such change to the other party in the manner herein provided. B. Compliance with laws. Subrecipient agrees to comply with HUD regulations concerning CDBG funds, including, but not limited to, 24 CFR Part 570 and subpart K of such regulations. Subrecipient also agrees to comply with all other applicable Federal, state and local laws, regulations, and policies governing the funds provided under this Agreement, except that: (1) Subrecipient does not assume the recipient's environmental responsibilities described in 24 CFR 570.604, and (2) Subrecipient does not assume the recipient's responsibility for initiating the review process under the provisions of 24 CFR Part 52. C. Copyright. Contracts of agreements for the performance of experimental developmental or research work shall provide for the rights of the Federal Government and the recipient in any resulting invention in accordance with 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants Contracts and Cooperative Agreements." D. Independent Contractor. Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. Subrecipient shall at all times remain an independent Contractor with respect to the services to be performed under this Agreement. City shall provide no benefits or insurance coverage whatsoever to Subrecipient and/or to its agents. E. Indemnity. Subrecipient, and each and all of its employees, agents, contractors, officials, officers, servants, guests, and/or invitees, and all participants in Subrecipient's programming, shall hold harmless, defend and indemnify City from and for all such losses, claims, actions, and/or judgments for damages or injury to persons or property PY16 SUBRECIPIENT AGREEMENT — NEIGHBORWORKs BOISE PAGE 13 OF 17 and equitable compensation for any satisfactory work completed on such documents or materials prior to the termination. 4. Termination for convenience. In accordance with 24 CFR § 85.44, suspension or termination of the Agreement, in whole or in part, may occur for convenience. 5. Termination for material noncompliance. In accordance with 24 CFR § 85.43, suspension or termination of the Agreement, in whole or in part, may occur if Subrecipient materially fails to comply with any term of this Agreement, which shall include, but shall not be limited to, the following: a. Failure to comply with any of the rules, regulations or provisions referred to herein, or such statutes, regulations, executive orders, and HUD guidelines, policies or directives as may become applicable at any time; b. Failure by Subrecipient to fulfill in a timely and proper manner its obligations under this Agreement; c. Ineffective or improper use of funds provided under this Agreement; or d. Submission by the Subrecipient to City reports that are incorrect or incomplete in any material respect. 6. Penalty for material noncompliance. In addition to suspension or termination of this Agreement and/or any other remedies as provided by law, upon a finding of material noncompliance, City may declare Subrecipient ineligible for any further participation in City CDBG programming. In the event there is probable cause to believe Subrecipient is in noncompliance with any applicable rules or regulations, City may withhold up to fifteen (15) percent of said Agreement funds until such time as Subrecipient is found to be in compliance by City, or is otherwise adjudicated to be in compliance. K. Assignment. Subrecipient shall not assign or transfer any interest in this agreement without prior written consent of City; provided, however, that claims for money due or to become due to Subrecipient from City under this Agreement may be assigned to a bank, trust company, or other financial institution without such approval. Notice of any assignment or transfer shall be furnished promptly to City. L. Subcontractors. 1. City must approve. Subrecipient shall not enter into any subcontracts with any agency or individual in the performance of this Agreement without the prior written consent of City. All subcontracts entered into in the performance of this Agreement shall be awarded pursuant to any applicable provisions of the City Purchasing Policy and/or local, state, or federal laws. 2. Monitoring. Subrecipient shall monitor all subcontracted services on a regular basis to assure contract compliance. Results of monitoring efforts shall be summarized in written reports and supported with documented evidence of follow-up actions taken to correct areas of noncompliance. Subrecipient shall furnish and cause each of its PY16 SUBRECIPIENT AGREEMENT —NEIGHBORWORKs BOISE PAGE 15 OF 17 IN WITNESS WHEREOF, the parties shall cause this Agreement to be executed by their duly authorized officers to be effective as of the day and year first above written. SUBRECIPIENT: Neighborhood Housing Services, Inc. Dba NeighborWorks Boise _DL. Q—(C-� By: Bud Complier, CEO CITY: u� m ,l� ID 1 Attest: �FASUREVP� Jay Cole City Clerk PY16 SUBRECIPIENT AGREEMENT -NEIGHBORwORKS BOISE PAGE 17 OF 17 SUBRECIPIENT AGREEMENT BETWEEN CITY OF MERIDIAN AND MERIDIAN FOOD BANK FOR PY 2016 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS This Agreement is entered into this 1 day of MAAc_ %� , 20 17 by and between the City of Meridian, a municipal corporation organized under the laws of the state of Idaho ("City") and Meridian Food Bank, Inc., a nonprofit charitable corporation organized under the laws of the state of Idaho ("Subrecipient"). WHEREAS, City is an entitlement community, and as such has applied for and received funds from the United States Government under Title I of the Housing and Community Development Act of 1974, Public Law 93-383, i.e. Community Development Block Grant ("CDBG") funds; and WHEREAS, Subrecipient assists individuals and families by providing food, which activity complements the objectives of the CDBG program; and WHEREAS, City and Subrecipient wish to enter into a cooperative agreement for the investment of CDBG fiends from Program Year 2016 (PY16); NOW, THEREFORE, in consideration of the mutual covenants of the parties, the Parties agree as follows: I. SCOPE OF SERVICE A. Activities. Subrecipient shall use City's PY16 CDBG funds in the amount of thirty-six thousand, four -hundred and forty-eight dollars ($36,448.00) to purchase food supplies for distribution at the Meridian Food Bank, located at 133 W. Broadway Avenue, Meridian, Idaho. Subrecipient shall be responsible for administering its PY2016 CDBG funds in a manner satisfactory to City and consistent with any and all required as a condition of providing these funds. B. National Objective. Subrecipient certifies that the activities carried out City's PY16 CDBG funds provided by City under this Agreement will meet one or more of the CDBG program's National Objectives as defined in 24 CFR § 570.208. Specifically, Subrecipient's activities under this agreement shall provide a new public service to limited clientele (24 CFR §§ 570.201(e) and 570.208(a)(2)). C. Levels of accomplishment. 1. Goals. Subrecipient shall undertake activities pursuant to this Agreement to serve two thousand (2,000) LMI persons. 2. Performance measures. This project will provide food for LMI persons. In addition to the normal administrative services required as part of this Agreement, Subrecipient agrees to document and report on each and all of the following outcomes: a. Family size (number of individuals) of each person or household assisted; and b. Household income of each person or household assisted; and c. Race and ethnicity of individuals assisted; and d. Number of individuals gaining new access to services provided; and PY16 SUBRECIPIENT AGREEMENT - MERIDIAN FOOD BANK PAGE 1 OF 15 e. Number of individuals gaining improved access to services provided. D. Staffing not funded. Subrecipient agrees that no CDBG funds will be utilized for staffing. E. Performance monitoring. City will monitor the performance of Subrecipient against goals and performance measures as set forth herein. Performance monitoring shall include City's review of Subrecipients' submitted documents for accuracy and completion, as well as an on- site visit from City's CDBG Administrator to review the completeness and accuracy of records maintained. Substandard performance as determined by City shall constitute noncompliance with this Agreement. If action to correct such substandard performance is not taken by Subrecipient within fourteen days (14) after being notified by City, Agreement suspension or termination procedures will be initiated. F. Time of performance. Services of Subrecipient shall start on October 1, 2016 and end on September 30, 2017. The term of this agreement and the provisions herein shall be extended to cover any additional time period during which Subrecipient remains in control of CDBG funds or other CDBG assets, including program income. G. Progress Reports. Subrecipient shall submit a monthly Progress Report, in the form and content as required by City. If Progress Reports are delinquent, draw requests will not be processed until the delinquency is cured. Progress Reports must contain information on outcome -based measurements as outlined in this Agreement. Monthly Progress Reports must be submitted even if there is no draw to accompany it for the month. Any issues or updates relevant to the activity will be included in progress report. II. ADMINISTRATIVE REQUIREMENTS A. Uniform administrative requirements. Subrecipient shall comply with applicable uniform administrative requirements, as described in 24 CFR § 570.506. B. Financial Management. 1. Budget. Subrecipient agrees that it shall use City's PY16 CDBG funds in the amount thirty-six thousand, four -hundred and forty-eight dollars ($36,448.00) to purchase food assistance to LMI persons. City may require a detailed budget breakdown, and Subrecipient shall provide such information in a timely fashion, and in the form and content prescribed by City. 2. Supplementation of other funds. Subrecipient agrees to utilize funds available under this Agreement to supplement, rather than supplant, funds otherwise available. 3. Accounting Standards. Subrecipient agrees to comply with 24 CFR § § 84.21 through 84.28, and further agrees to: adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. 4. Cost Principles. Subrecipient shall administer its program in conformance with OMB Circular A-122, "Cost Principles for Non -Profit Organizations." These principles shall be applied for all costs incurred, whether charged on a direct or indirect basis. PY 16 SUBRECIPIENT AGREEMENT - MERIDIAN FOOD BANK PAGE 2 OF 15 5. Certification of financial management system. Payments shall be contingent upon HUD's certification of Subrecipient's financial management system in accordance with 24 CFR § 84.21. 6. Subrecipient Orientation Workshop. Subrecipient agrees to meet with City's CDBG Program Administrator prior to submitting the first draw request to City. City will not process draw requests unless and until Subrecipient attends this meeting. 7. Client Data. Subrecipient shall maintain client data demonstrating client eligibility for services provided. Such data shall include, but not be limited to: client name, address, income level or other basis for determining eligibility, and description of service provided. Such information shall be made available for review upon City's request. 8. Disclosures. Subrecipient understands that client information collected under this Agreement is private and the use or disclosure of such information, when not directly connected with the administration of City or Subrecipient's responsibilities under this Agreement, is prohibited by the Financial Privacy Act unless written consent is obtained from such person receiving service and, in the case of a minor, that of a responsible parent/guardian. 9. Property Records. Subrecipient shall maintain real property inventory records that clearly identify properties purchased, improved or sold. Properties retained shall continue to meet eligibility criteria. 10. Closeout. Subrecipient's obligation to City shall not end until all closeout requirements are completed. Activities during this closeout period shall include, but shall not be limited to: making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and accounts receivable to City), and determining the custodianship of records. Notwithstanding the foregoing, the terms of this Agreement shall remain in effect during any period that Subrecipient has control over CDBG funds, including program income. 11. Audits and inspections. All Subrecipient records with respect to any matters covered by this Agreement shall be made available to City, HUD or its agent, or other authorized federal officials, at any time during normal business hours, as often as deemed necessary, to audit, examine, and make excerpts or transcripts of all relevant data for purposes of investigation to ascertain compliance with the rules, regulations and provisions stated herein. Any deficiencies noted in audit reports must be fully repaired by Subrecipient within thirty (30) days after receipt of such report by Subrecipient. Failure of Subrecipient to comply with the above audit requirements will constitute a violation of this Agreement and may result in the withholding of future payments. Subrecipient hereby agrees to have an annual agency audit conducted in accordance with current City policy concerning audits and as applicable, OMB Circular A-133. Sub -recipient shall comply with 2 CFR 200.501 which requires that all non -Federal entities that expend $750,000.00 or more in a year have a single or program -specific audit. Sub - recipient shall be willing to allow inquires from the City about the sub -recipient's financial PY 16 SUBRECIPIENT AGREEMENT - MERIDIAN FOOD BANK PAGE 3 OF 15 statements and single audit reports. If subrecipient is subject to this requirement, a copy of the audit report shall be provided to the City within 30 days of completion of the audit. 12. Suspension and Disbarment. Pursuant to 2 CFR Part 180, specifically, without limitation, 2 CFR section 180.220, Subrecipient is prohibited from of contracting with any party that is suspended or debarred. C. Payment Procedures. 1. Program Income. The activities governed by this agreement are not anticipated to generate program income as Subrecipient shall not charge its members for the service. Any change to the activities described herein that will generate program income shall require an amendment to this agreement. 2. Indirect Costs. Indirect costs are not eligible for CDBG funding. 3. Payment Procedures. City will pay to Subrecipient funds available under this Agreement based upon information submitted by Subrecipient and consistent with any approved budget and City policy concerning payments. With the exception of certain advances, payments will be made for eligible expenses actually incurred by Subrecipient, and not to exceed actual cash requirements. Payments will be adjusted by City in accordance with advance fund and program income balances available in Subrecipient's accounts. In addition, City reserves the right to liquidate funds available under this Agreement for costs incurred by City on behalf of Subrecipient. 4. Draw requests. It is expressly agreed and understood that the total amount to be paid by City under this Agreement shall not exceed $36,448.00. Drawdowns for the payment of eligible expenses shall be made against the activity specified, in accordance with performance and as expenses are incurred by Subrecipient. Draw requests shall only be accepted on official City and/or HUD forms and must be completed in full to be processed. All draw requests are to be submitted monthly, no later than twenty-one (2 1) days after the end of the month for which reimbursement is being submitted. Draw requests shall include the following: draw request form; progress report; beneficiary income eligibility documentation; transaction detail, HUD -1, and related summary information; and proof of payment by Subrecipient. Final draw under this Agreement will be submitted by Subrecipient no later than September 20, 2017 unless otherwise agreed in writing. 5. Funds transfer. Pursuant to 24 CFR § 570.503(b)(7), upon expiration of this Agreement, Subrecipient shall transfer to City any CDBG funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG funds. 6. DUNS number. Subrecipient shall comply with requirements established by the Office of Management and Budget ("OMB") concerning the Dun and Bradstreet Data Universal Numbering System ("DUNS"), the Central Contractor Registration database, and the Federal Funding Accountability and Transparency Act, including Appendix A to Part 25 of the Financial Assistance Use of Universal Identifier and Central Contractor Registration, 75 Fed. Reg. 55671 (Sept. 14, 2010) (to be codified at 2 CFR part 25) and Appendix A to Part 170 of the Requirements for Federal Funding Accountability and Transparency Act Implementation, 75 Fed. Reg. 55663 (Sept. 14, 2010) (to be codified at 2 CFR part 170). P Y 16 S l 1BRECIPIENT AGREEMENT - MERIDIAN FOOD BANK PAGE 4 OF 15 D. Procurement. 1. Compliance with policies. Subrecipient shall comply with current Federal and City policies concerning the purchase of equipment and shall maintain inventory records of all non -expendable personal property as defined by such policy as may be procured with funds provided hereunder. 2. OMB Standards. Subrecipient shall procure all materials in accordance with the requirements of 24 CFR §§ 84.40 to 84.48. 3. Travel. Subrecipient shall obtain written approval from City prior to any travel outside the Boise metropolitan area with funds provided under this Agreement. E. Use and Reversion of Assets. The use and disposition of real property and equipment Under the Agreement shall be in compliance with the requirements of 24 CFR Part 84 and 24 CFR § § 570.502 through 570.504, as applicable, which include, but are not limited to, the following: 1. Records. Subrecipient shall maintain real property inventory records, which clearly identify properties purchased, improved or sold. 2. National Objectives met for five (5) years. Pursuant to 24 CFR § 570.503(b)(7)(i), real property that is acquired or improved, in whole or in part, with funds under this Agreement in excess of $25,000 shall be used to meet one of the CDBG National Objectives until five (5) years after expiration of this Agreement. If the use of the CDBG-assisted real property fails to meet a CDBG National Objective for this prescribed period of time, Subrecipient shall pay City an amount equal to the current market value of the property, less any portion of the value attributed to expenditures of non-CDBG funds for acquisition of or improvement to the property. Such payment shall constitute program income to City. Subrecipient may retain real property acquired or improved under this Agreement after the expiration of the five-year period. 3. Sale of equipment. In all cases in which equipment acquired. in whole or in part with funds under this Agreement is sold, the proceeds shall be program income, prorated to reflect the extent to that funds received under this Agreement were used to acquire the equipment. Equipment purchased with fiends received under this Agreement but not needed by the Subrecipient for activities under this Agreement shall be (a) transferred to City for the CDBG program or (b) retained after compensating City an amount equal to the current fair market value of the equipment less the percentage of non-CDBG funds used to acquire the equipment. F. Records and reports. 1. Records to be maintained. In addition to specific records mentioned in this Agreement, Subrecipient shall maintain all records that are pertinent to the activities to be funded under this Agreement, including, but not limited to, those required by the Federal regulations specified in 24 CFR § 570.506, and: a. Full descriptions and records of each activity undertaken; b. Records related to activities meeting the National Objectives; I' Y 16 St IBRECIPIENT AGREEMENT - MERIDIAN FOOD BANK PAGE 5 OF 15 c. Records required to determine the eligibility of activities for CDBG funding; d. Records required to document the acquisition, improvement, use or disposition of real property acquired or improved with CDBG assistance; e. Records documenting compliance with the fair housing and equal opportunity components of the CDBG Program; f. Financial records, as required by 24 CFR §§ 84.21 through 84.28 and 570.502; g. Other records necessary to document compliance with 24 CFR Part 570, Subpart K, except that Subrecipient does not assume City's responsibilities under 24 CFR § 570.604 and part 52. 2. Records retention. Subrecipient shall retain all records pertinent to the expenditures incurred under this Agreement for a period of five (5) years after the termination of all activities funded under this Agreement, defined as the date of the submission of City's final annual performance and evaluation report to HUD. Records for non -expendable property acquired with funds under this Agreement shall be retained for five (5) years after final disposition of such property. If, prior to the expiration of the five-year period, any litigation, claims, audits, negotiations or other actions begin that involve any of the records cited, such records shall be retained until completion of the actions and resolutions of all issues, or the expiration of the five-year period, whichever occurs later. [WEMPLOYMENT AND LABOR CONDITION REQUIREMENTS A. Civil Rights Act. Subrecipient agrees to comply with Title VI of the Civil Rights Act of 1964 as amended, Title VII of the Civil Rights Act of 1968 as amended, Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of 1974, Section 504 of the Rehabilitation Act of 1974, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, the Executive Order 11246 as amended by Executive Order 11375 and 12086, and 24 CFR 570.601 and 570.602. In regard to the sale, lease, or other transfer of land acquired, cleared or improved with assistance provided under this contract, Subrecipient shall cause or require a covenant running with the land to be inserted in the deed or lease for such transfer, prohibiting discrimination as herein defined, in the sale, lease or rental, or in the use or occupancy of such land, or in any improvements erected or to be erected thereon, providing that City and the United States are beneficiaries of and entitled to enforce such covenants. Subrecipient, in undertaking its obligation to carry out the program assisted hereunder, agrees to take such measures as are necessary to enforce such covenant, and will not itself so discriminate. B. Nondiscrimination. Subrecipient agrees to comply with the non-discrimination in employment and contracting opportunities laws, regulations, and executive orders referenced in 24 CFR § 570.607, as revised by Executive Order 13279. The applicable non-discrimination provisions in Section 109 of the HCDA are also applicable. Subrecipient will not discriminate against any employee or applicant for employment or services because of race, color, creed, religion, ancestry, national origin, sex, disability or other handicap, age, marital status or status with regard to public assistance. Subrecipient will take affirmative action to insure that all employment practices are free from such discrimination. Such employment practices include but are not limited to the following: hiring, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. PY 16 SUBRECIPIENT AGREEMENT - MERIDIAN FOOD BANK PAGE 6 OF 15 C. ADA section 504. Subrecipient agrees to comply with Federal regulations pursuant to compliance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 706), which prohibits discrimination against the handicapped in any Federally -assisted program. City shall provide Subrecipient with any guidelines necessary for compliance with that portion of the regulations in force during the term of this Agreement. D. Affirmative Action. 1. Approved Plan. Subrecipient agrees that it shall be committed to carry out pursuant to City's specifications an Affirmative Action Program in keeping with the principles as provided in President's Executive Order 11246 of September 24, 1966. City shall provide Affirmative Action guidelines to Subrecipient to assist in the formulation of such program. Subrecipient shall submit a plan for an Affirmative Action Program for approval prior to the award of funds. 2. Women- and Minority -Owned Businesses. Subrecipient shall use its best efforts to afford small businesses, minority business enterprises, and women's business enterprises the maximum practicable opportunity to participate in the performance of this contract. As used in this contract, the terms "small business" means a business that meets the criteria set forth in section 3(a) of the Small Business Act, as amended (15 U.S.C. 632), and "minority and women's business enterprise" means a business at least fifty-one (5 1) percent owned and controlled by minority group members or women. For the purpose of this definition, "minority group members" are Afro-Americans, Spanish-speaking, Spanish surnamed or Spanish -heritage Americans, Asian -Americans, and American Indians. Subrecipient may rely on written representations by businesses regarding their status as minority and female business enterprises in lieu of an independent investigation. E. Notifications. 1. Notice to workers. Subrecipient will send to each labor union or representative of workers with which it has a collective bargaining agreement or other agreement or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or workers' representative of Subrecipient's commitments hereunder, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 2. Solicitations for employment. Subrecipient will, in all solicitations or advertisements for employees placed by or on behalf of Subrecipient, state that it is an Equal Opportunity or Affirmative Action employer. F. Prohibited Activity. Subrecipient is prohibited from using funds provided herein or personnel employed in the administration of the program for political activities; sectarian, or religious activities; lobbying, political patronage, and nepotism activities. 1. Political activities. Subrecipient agrees that no funds provided, nor personnel employed under this Agreement, shall be in any way or to any extent engage in the conduct of political activities in violation of the Hatch Act (Title V, Chapter 15, U.S.C.). 2. Religious activities. Subrecipient agrees that funds provided under this Agreement will not be utilized for religious activities, to promote religious interests, or for the benefit of a P Y 16 SUBRECIPIENT AGREEMENT - MERIDIAN FOOD BANK PAGE 7 OF 15 religious organization in accordance with the Federal regulations specified in 24 CFR § 570.2000). G. Labor standards. Subrecipient agrees to comply with the requirements of the Secretary of Labor in accordance with the Davis -Bacon Act as amended; the provisions of Agreement Work Hours and Safety Standards Act; the Copeland "Anti -Kickback" Act (40 U.S.C. §§ 276a, 276c, and 327); and all other applicable Federal, state and local laws and regulations pertaining to labor standards insofar as those acts apply to the performance of this Agreement. Subrecipient shall maintain documentation which demonstrates compliance with the hour and wage requirements of this part. Such documentation shall be made available to City for review upon request. Subrecipient further agrees that all Contractors engaged under contracts in excess of $2,000.00 for construction, renovation or repair of any building or work financed in whole or in part with assistance provided under this Agreement shall comply with Federal requirements pertaining to such Agreements and with the applicable requirements of the regulations of the Department of Labor, under 29 CFR Parts 1, 3, 5 and 7 governing the payment of wages and ratio of apprentices and trainees to journey workers; provided, that if wage rates higher than those required under the regulations are imposed by state or local law, nothing hereunder is intended to relieve Subrecipient of its obligation, if any, to require payment of the higher wage. H. Section 3 of the Housing and Urban Development Act of 1968. 1. Compliance. Compliance with Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. § 1701) ("Section 3"), the regulations set forth in 24 CFR Part 135, and all applicable rules and orders issued thereunder prior to the execution of this Agreement, shall be a condition of the Federal financial assistance provided under this Agreement and shall be binding upon City, Subrecipient and any of Subrecipient's subrecipients and/or subcontractors. Failure to fulfill these requirements shall subject City, Subrecipient and any of Subrecipient's subrecipients and subcontractors, their successors and assigns, to those sanctions specified by the Agreement through which Federal assistance is provided. Subrecipient certifies and agrees that no contractual or other disability exists that would prevent compliance with these requirements. 2. Subcontract language. Subrecipient further agrees to include the following language in all subcontracts executed under this Agreement: "The work to be performed under this Agreement is a project assisted under a program providing direct Federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. § 1701). Section 3 requires that to the greatest extent feasible opportunities for training and employment be given to low and very low income residents of the project area and Agreements for work in connection with the project be awarded to business concerns that provide economic opportunities for low and very low income persons residing in the metropolitan area in which the project is located." 3. Employment of low- and very -low-income persons. Subrecipient further agrees to ensure that opportunities for training and employment arising in connections with a housing rehabilitation (including reduction and abatement of lead-based paint hazards), housing construction, or other public construction projects are given to low and very -low income person residing within the metropolitan area in which the CDBG-funded project is located; where feasible, priority should be given to low and very low income persons within the P Y 16 S I BRECIPIENT AGREEMENT -MERIDIAN FOOD BANK PAGE 8 OF 15 service area of the project or the neighborhood in which the project is located, and to low and very low income participants in other HUD programs; and award contracts for work undertaken in connection with a housing rehabilitation (including reduction and abatement of lead-based paint hazards), housing construction, or other public construction project are given to business concerns that provide economic opportunities for low and very low income persons residing within the metropolitan area in which the CDBG-funded project is located; where feasible, priority should be given to business concerns which provide economic opportunities to low and very low income residents within the service area of the neighborhood in which the project is located, and to low and very low income participants in other HUD programs. Subrecipient certifies and agrees that no contractual or other legal incapacity exists that would prevent compliance with these requirements. 4. Notifications. Subrecipient agrees to send to each labor organization or representative of workers with which it has a collective bargaining agreement or other contract or understanding, if any, a notice advising said labor organization or worker's representative of its commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. 5. Subcontracts. Subrecipient will include this Section 3 clause in every subcontract and will take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the grantor agency. Subrecipient will not subcontract with any entity where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR Part 135 and will not let any subcontract unless the entity has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. I. Conflicts of Interest. Subrecipient agrees to abide by the provisions of 24 CFR §§ 84.42 and 570.61 lm, which include, but are not limited to, the following: 1. Code of Conduct. Subrecipient shall maintain a written code or standards of conduct that shall govern the performance of its officers, employees or agents engaged in the award and administration of Agreements supported by Federal funds. 2. Contract selection. No employee, officer or agent of the Subrecipient shall participate in the selection, or in the award, or administration of, a contract supported by Federal funds if a conflict of interest, real or apparent, would be involved. 3. Self-interested contracts and nepotism. No persons who exercises or have exercised any functions or responsibilities with respect to CDBG-assisted activities, or who are in a position to participate in a decision-making process or gain inside information with regard to such activities, may obtain a financial interest in any Agreement, or have a financial interest in any contract, subcontract, or agreement with respect to the CDBG-assisted activity, either for themselves or those with who they have business or immediate family ties, during their tenure or for a period of one (1) year thereafter. For purposes of this paragraph, a "covered person" includes any person who is an employee, agent, consultant, officer, or elected or appointed official of City, the Subrecipient, or any designated public agency. J. Lobbying. The following certification is a material representation of fact upon which reliance I' Y 16 SHBRECIPIENT AGREEMENT -MERIDIAN FOOD BANK PAGE 9 OF 15 was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S.C. Subrecipient hereby certifies that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal Agreement, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal Agreement, grant, loan, or cooperative agreement; 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal Agreement, grant, loan, or cooperative agreement, it will complete and submit Standard Fonn-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; 3. Subrecipient will require that the following language be included in the award documents for all sub -awards at all tiers (including subcontracts, sub -grants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly: "This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. § 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not let less that $10,000 and not more than $100,000 for each such failure." YV. EN VIRONMENTAL CONDITIONS A. Air and Water. Subrecipient specifically agrees to comply with the following regulations insofar as they apply to the performance of this Agreement: 1. Clean Air Act, 42 U.S.C. §§ 7401, et seq. 2. Federal Water Pollution Control Act, as amended, 33 U.S.C. §§ 1251, et seq., relating to inspection, monitoring, entry reports, and information, as well as other requirements specified in said Act, and all regulations and guidelines issued thereunder. 3. Environmental Protection Agency (EPA) regulations pursuant to 40 C.F.R. Part 50. B. Flood Disaster Protection. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. § 4001), Subrecipient shall assure that for activities located in an area identified by FEMA as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). C. Lead -Based Paint. Subrecipient agrees that any construction or rehabilitation of residential structures with assistance provided under this Agreement shall be subject to HUD Lead -Based PY 16 SUBRECIFIENT AGREEMENT - MERIDIAN FOOD BANK PAGE 10 OF 15 Paint Regulations, 24 CFR Part 35, implementing Title X of the Housing and Community Development Act of 1992. These regulations revise the CDBG lead based paint requirements under 24 CFR § 570.608. Such regulations pertain to all CDBG-assisted housing and require that all owners, prospective owners, and tenants of properties constructed prior to 1978 be properly notified that such properties may include lead-based paint. Such notification shall point out the hazards of lead-based paint and explain the symptoms, treatment and precautions that should be taken when dealing with lead-based paint poisoning and the advisability and availability of blood level screening for children under seven. The notice must also point out that if lead-based paint is found on the property, abatement measures may be undertaken. The regulations further require that, depending on the amount of Federal funds applied to a property, paint testing, risk assessment, treatment and/or abatement may be conducted. D. Historic Preservation. Subrecipient agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. § 470) and the procedures set forth in 36 CFR Part 800, Advisor Council on Historic Preservation Procedures for Protection of Properties, insofar as they apply to the performance of this Agreement. In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are fifty years or older or that are included on a Federal, state or local historic property list. V. GENERAL CONDITIONS A. Notices. All notices required to be given by either of the parties hereto shall be in writing and deemed communicated when personally served, or mailed in the United States mail, addressed as follows: City of Meridian Meridian Food Bank Attn: Chris Pope Attn: Dan Clark CDBG Program Administrator Chairman, Board of Directors 33 E. Broadway Avenue 133 W. Broadway Avenue Meridian, Idaho 83642 Meridian, Idaho 83642 Either party may change its authorized representative and/or address for the purpose of this paragraph by giving written notice of such change to the other party in the manner herein provided. B. Compliance with laws. Subrecipient agrees to comply with HUD regulations concerning CDBG firnds, including, but not limited to, 24 CFR Part 570 and subpart K of such regulations. Subrecipient also agrees to comply with all other applicable Federal, state and local laws, regulations, and policies governing the funds provided under this Agreement, except that: (1) Subrecipient does not assume the recipient's environmental responsibilities described in 24 CFR 570.604, and (2) Subrecipient does not assume the recipient's responsibility for initiating the review process under the provisions of 24 CFR Part 52. C. Copyright. Contracts of agreements for the performance of experimental developmental or research work shall provide for the rights of the Federal Government and the recipient in any resulting invention in accordance with 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants Contracts and Cooperative Agreements." D. Independent Contractor. Nothing contained in this Agreement is intended to, or shall be PY 16 SUBRECIPIENT AGREEMENT - MERIDIAN FOOD BANK PAGE 1 I OF 15 construed in any manner, as creating or establishing the relationship of employer/employee between the parties. Subrecipient shall at all times remain an independent Contractor with respect to the services to be performed under this Agreement. City shall provide no benefits or insurance coverage whatsoever to Subrecipient and/or to its agents. Specifically, without limitation, Instructor understands, acknowledges, and agrees: 1. Instructor is free from actual and potential control by City in the provision of services under this Agreement. 2. Instructor is engaged in an independently established trade, occupation, profession, or business. 3. Instructor has the authority to hire subordinates. 4. Instructor owns and/or will provide all major items of equipment necessary to perform services under this Agreement. 5. Neither Instructor nor City shall be liable to the other for a peremptory termination of the business relationship described under this Agreement. E. Indemnity. Subrecipient, and each and all of its employees, agents, contractors, officials, officers, servants, guests, and/or invitees, and all participants in Subrecipient's programming, shall hold harmless, defend and indemnify City from and for all such losses, claims, actions, and/or judgments for damages or injury to persons or property and/or losses and expenses caused or incurred by Subrecipient and/or its employees, agents, contractors, officials, officers, servants, guests, and/or invitees, and participants in its programming, and other costs, including litigation costs and attorneys' fees, arising out of, resulting from, or in connection with the performance of this Agreement by Subrecipient and/or Subrecipient's employees, agents, contractors, subcontractors, officials, officers, servants, guests, invitees, participants, and/or volunteers and resulting in and/or attributable to personal injury, death, and/or damage and/or destruction to tangible or intangible property. F. Workers' Compensation. Subrecipient shall provide Workers' Compensation Insurance coverage for all employees involved in the performance of this Agreement. G. Insurance and bonding. Subrecipient shall carry sufficient insurance coverage to protect Agreement assets from loss due to theft, fraud and/or undue physical damage. Further, Subrecipient shall comply with the bonding and insurance requirements of 24 CFR §§ 84.31 and 84.48. H. Grantor Recognition. Subrecipient shall publically recognize the role of City in providing services under this Agreement. In addition, Subrecipient will include a reference to the support provided herein in all publications made possible with funds made available under this Agreement. I. Amendments. The parties hereto may amend this Agreement at any time provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of each party, and approved by City's governing body. Such amendments shall not invalidate this Agreement, nor relieve or release either party from its obligations under this Agreement. City may, in its discretion, amend this Agreement to conform with Federal, state or local governmental guidelines, policies and available funding amounts, or for other reasons. If such amendments result in a change in the funding, the scope of services, or schedule of the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment signed by both parties. PY 16 SUBRECIPIENT AGREEMENT - MERIDIAN FOOD BANK PAGE 12 OF 15 J. Termination. 1. Notice of termination. Either party may terminate this Agreement by, at least 30 days before the effective date of such termination, giving written notice to the other party of such termination and specifying the effective date thereof. 2. Partial termination. Partial terminations of the Scope of Service as set forth herein may only be undertaken with the prior approval of City. 3. Work completed. In the event of any termination for convenience, all finished or unfinished documents, data, studies, surveys, maps, models, photographs, reports of other materials prepared by Subrecipient under this Agreement shall, at the option of City, become the property of City, and Subrecipient shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents or materials prior to the termination. 4. Termination for convenience. In accordance with 24 CFR § 85.44, suspension or termination of the Agreement, in whole or in part, may occur for convenience. 5. Termination for material noncompliance. In accordance with 24 CFR § 85.43, suspension or termination of the Agreement, in whole or in part, may occur if Subrecipient materially fails to comply with any term of this Agreement, which shall include, but shall not be limited to, the following: a. Failure to comply with any of the rules, regulations or provisions referred to herein, or such statutes, regulations, executive orders, and HUD guidelines, policies or directives as may become applicable at any time; b. Failure by Subrecipient to fulfill in a timely and proper manner its obligations under this Agreement; c. Ineffective or improper use of funds provided under this Agreement; or d. Submission by the Subrecipient to City reports that are incorrect or incomplete in any material respect. 6. Penalty for material noncompliance. In addition to suspension or termination of this Agreement and/or any other remedies as provided by law, upon a finding of material noncompliance, City may declare Subrecipient ineligible for any further participation in City CDBG programming. In the event there is probable cause to believe Subrecipient is in noncompliance with any applicable rules or regulations, City may withhold up to fifteen (15) percent of said Agreement funds until such time as Subrecipient is found to be in compliance by City, or is otherwise adjudicated to be in compliance. K. Assignment. Subrecipient shall not assign or transfer any interest in this agreement without prior written consent of City; provided, however, that claims for money due or to become due to Subrecipient fiom City under this Agreement may be assigned to a bank, trust company, or other financial institution without such approval. Notice of any assignment or transfer shall be furnished promptly to City. L. Subcontractors. PY 16 SUBRECIPIENT AGREEMENT -MERIDIAN FOOD BANK PAGE 13 OF 15 1. City must approve. Subrecipient shall not enter into any subcontracts with any agency or individual in the performance of this Agreement without the prior written consent of City. All subcontracts entered into in the performance of this Agreement shall be awarded pursuant to any applicable provisions of the City Purchasing Policy and/or local, state, or federal laws. 2. Monitoring. Subrecipient shall monitor all subcontracted services on a regular basis to assure contract compliance. Results of monitoring efforts shall be summarized in written reports and supported with documented evidence of follow-up actions taken to correct areas of noncompliance. Subrecipient shall furnish and cause each of its own subrecipients or subcontractors to furnish all information and reports required hereunder and will permit access to its books, records and accounts by City, HUD or its agent, or other authorized Federal officials for purposes of investigation to ascertain compliance with the rules, regulations and provisions stated herein. 3. Subcontract content. Subrecipient shall cause all provisions of this Agreement in their entirety to be included in and made a part of any subcontract executed in the performance of this Agreement. Specifically, without limitation, Subrecipient shall include the provisions of this Agreement regarding Civil Rights and Affirmative Action in every subcontract or purchase order, specifically or by reference, to ensure that such provisions will be binding upon all subcontractors. 4. Documentation. Executed copies of all subcontracts shall be forwarded to City along with documentation concerning the selection process. M. Relocation, real property acquisition, and one-for-one housing replacement. Subrecipient agrees specifically, without limitation, to comply with: 1. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (URA), and implementing regulations at 49 CFR Part 24 and 24 CFR 570.606(b); 2. The requirements of 24 CFR 570.606(c) governing the Residential Anti -displacement and Relocation Assistance Plan under section 104(d) of the HCD Act; and 3. The requirements in 24 CFR 570.606(d) governing optional relocation policies. Subrecipient shall provide relocation assistance to displaced persons as defined by 24 CFR 570.606(b)(2) that are displaced as a direct result of acquisition, rehabilitation, demolition or conversion for a CDBG-assisted project. N. No contractual impediments. Subrecipient certifies and agrees that no contractual or other disability exists which would prevent compliance with these requirements. O. Severability. If any provision of this Agreement is held invalid, the reminder of the Agreement shall not be affected thereby and all other parts of this Agreement shall nevertheless be in full force and effect. P. Entire Agreement. This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral or written, whether previous to the execution hereof or contemporaneous herewith. Q. Non -waiver. Failure of either party to promptly enforce the strict performance of any term of this Agreement shall not constitute a waiver or relinquishment of any party's right to thereafter PY 16 St IBRECIPIENT AGREEMENT -MERIDIAN FOOD BANK PAGE 14 OF 15 enforce such term, and any right or remedy hereunder may be asserted at any time after the governing body of either party becomes entitled to the benefit thereof, notwithstanding delay in enforcement. R. Approval required. This Agreement shall not become effective or binding until approved by the respective governing bodies of both City and Subrecipient. IN WITNESS WHEREOF, the parties shall cause this Agreement to be executed by their duly authorized officers to be effective as of the day and year first above written. SUBRECIPIENT: Meridian Food Bank By: Dan Clark, Executive Director CITY: City of By: Tammyde Weerd, Mayor Attest: CAY Cole City Cleric PY 16 SUBRECIPIENT AGREEMENT - MERIDIAN FOOD BANK PAGE 15 OF 15 Meridian City Council Meeting DATE: March 14, 2017 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Idaho Air National Guard Open House and Airshow 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 14, 2017 ITEM NUMBER: 7A PROJECT NUMBER: ITEM TITLE: Mayor's Office Mayor's Office: Annual Department Report 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 E I DIAN�- Public IDAHO Works Department TO: Mayor Tammy de Weerd Members of the City Council FROM: David Miles, Management Analyst ° DATE: March 7, 2017 Mayor Tammy de Weerd City Council Memberft Keith Bird Joe Borton Luke Cavener Genesis Milam Anne Little Roberts Ty Palmer SUBJECT: PUBLIC WORKS MISCELLANEOUS WATER & WATER SYSTEM REPAIR FEE SCHEDULE UPDATE REQUESTED COUNCIL DATE: March 14, 2017 I. RECOMMENDED ACTION A. Move to: 1. Support adoption of a resolution for an updated Public Works Fee Schedule for water meters and appurtenances, and water system itemized repairs of damage fees at an upcoming Council meeting. II. DEPARTMENT CONTACT PERSONS David Miles, Management Analyst 489-0383 Alex Freitag, Business Operations Manager 489-0376 Dale Bolthouse, Director of Public Works 985-1257 III. DESCRIPTION A. Background Under Meridian City Code §9-1-12, the Public Works Department is authorized to establish and charge fees for water meters, meter fittings, and other fees associated with repair of damages to water meters and their appurtenances. These fees are referred to as "Miscellaneous" Water and Water System Repair Fees, and are separate from the City's Water Assessment fees, and Water User Rates. The Miscellaneous fees were last updated in 2006. The existing Miscellaneous fees do not currently recover costs the City is charged to supply water meters, their appurtenances, and provide repair of Page 1 of 2 damage services for two reasons. One, supplier costs of materials, parts, and services have increased. Two, the current fee schedule does not include new items needed for repair, which are eligible for recovery by the City. B. Proposed Update The Public Works Department proposes to update the Miscellaneous Water and Water System Repair fees to align with current supplier costs and repair service efforts. Further, the Department proposes to update the Miscellaneous Water and Water System Repair fees annually to align with future ongoing supplier costs and repair service efforts. IV. IMPACT A. Strategic Impact: This Miscellaneous Water fee analysis establishes a systematic review and update of costs to ensure Department financial readiness and cost recovery of the material and services provided. B. Service Impact: Services provided to Meridian water customers do not change with this update. C. Fiscal Impact: Updating the Water and Water System Repair Fee schedule items allows the City to recover approximately $50,000-60,000 of annual water meter and service repair costs that are not currently collected. V. ALTERNATIVES A. Do not update the Water and Water System Repair Fee schedule items. B. Delay update of Water and Water System Repair Fee schedule items. VI. TIME CONSTRAINTS There are no time constraints with this update VII. LIST OF ATTACHMENTS Attachment A - Draft "Miscellaneous Water & Water System Repair Fees Update" Approved for Council Agenda: A .7 Date Page 2 of 2 Attachement A Miscellaneous Water and Water System Repair Fees Update DRAFT Section Description Fee Fee Comment Miscellaneous Water Fees: Meter Adaptor Kit (*a)$80.00 $80.00 Single port MXU - 520M $85.00 $149.73 Update type & cost Dual port MXU - 520M (*b)$144.00 $85.50 Update type & cost 3/4 inch meter $146.00 $154.73 Update cost 3/4 inch meter (short)$145.62 New type 1 inch meter $183.00 $196.88 Update cost 1 1/2 inch meter $399.00 $841.36 Update cost 2 inch meter $542.00 $991.81 Update cost 4 inch turbo meter $2,052.00 $2,414.76 Update cost 4 inch compound meter $2,884.00 $3,089.10 Update cost 1 1/2 Inch Meter (Irrigation) T2 $841.36 New type 2 Inch Meter (Irrigation) T2 $991.81 New type 4 Inch Turbo Meter (Irrigation) T2 $2,414.76 New type 3/4 Inch Meter (Reclaimed)$168.52 New type 1 Inch Meter (Reclaimed)$236.52 New type 1 1/2 Inch T-2 Meter (Reclaimed)$964.05 New type 1 1/2 Inch C-2 Meter (Reclaimed)$1,399.48 New type 2 Inch T-2 Meter (Reclaimed)$1,139.78 New type 2 Inch C-2 Meter (Reclaimed)$1,611.70 New type 4 Inch T-2 Meter (Reclaimed)$2,716.39 New type 4 Inch C-2 Meter (Reclaimed)$3,200.11 New type Hydrant Meter $1,349.95 New type Backflow Assembly $398.65 New type Hydrant Meter 3/4" w/ Backflow $1,748.60 New type Water System Repair Fees: 3/4 inch angle valve $15.00 $76.16 Update type & cost Meter heads $72.00 Omit - Obsolete item 5/8 and 3/4 inch meter $119.00 Omit - Obsolete item 3/4 inch meter $146.00 Omit - Redundant 1 inch meter $183.00 Omit - Redundant 1 1/2 inch meter $399.00 Omit - Redundant 2 inch meter $542.00 Omit - Redundant 3 inch meter $1,058.00 Omit - Obsolete Item 4 inch turbo meter $2,052.00 Omit - Redundant 4 inch compound meter $2,884.00 Omit - Redundant Padlock $4.35 $7.43 Update cost X43 Meter Head $93.00 Omit - Obsolete item Hydrant Meter $1,049.00 $1,349.95 Update cost 2 inch gate valve for hydrant meter $79.00 $149.00 Update type & cost Meter Setter 3/4 Inch $91.00 $242.50 Update type & cost Meter Setter 1 Inch $442.00 New type Meter Setter 1.5 Inch $955.84 New type Meter Setter 2 Inch $1,113.46 New type 1.5 inch to 2 inch adapter $80.00 Omit - Obsolete item 384 Freeze Plates $6.11 Omit - Obsolete item Single Port MXU - 520M $129.00 Omit - Redundant Dual Port MXU - 520M $150.00 Omit - Redundant Touch Coupler Extension Cable $16.00 Omit - Obsolete item Service Truck, Heavy Duty (per trip)$25.00 $27.58 Update type & cost Service truck, Light Duty (per trip)$13.15 New type Equipment, Heavy Duty (per hour)$25.00 $12.23 Update type & cost Equipment, Light Duty (per hour)$6.01 New type Residential Meter Lid and Ring $159.00 Hydrant Meter Swivel and Screen $477.37 Hydrant Meter Register Lid $8.15 Hydrant Meter Gate Valve Handle 2" $3.30 Fire Hydrant $1,630.50 1 Inch Angle Valve $139.97 1.5 Inch Angle Valve $225.80 2 Inch Angle Valve $266.44 Meter Pit Upgrade to Traffic Rated $382.53 Lid Only - 24" Manhole Cover $130.71 Grade Ring - Top 4" $40.00 Grade Ring - Bottom 2" $29.33 Manhole Ring $141.43 CMP $104.50 Non-traffic Rated Standard Lid & Ring $80.00 Non-traffic Rated Meter Tub/Tile for Single/Double Services $97.13 Hydrant Break-Away Kit $180.00 Hydrant - 6" Extension $473.00 Valve Box - 16" Top Section $73.64 Valve Box - 26" Top Section $83.06 Valve Box - 36" Bottom Section $85.62 Valve Box Extension Riser 1-6" $18.57 Valve Lid $15.00 Meter Tub 36" $98.00 Meter Tub 42" $97.13 Traffic Rated Lid 20" $256.00 1" IP Compression x 3/4 MIP Brass fitting $38.11 3/4 FIP x FIP Brass Curb Stop Valve $61.76 1"x 1"IP PE Compression x Compression Grip Coupler $48.79 1" IP 200PSI Poly Pipe Per linear Ft. $0.53 3/4" IP 200PSI Poly Pipe Per linear Ft. $0.36 Meter lockout of illegal turn-on $50.00 $50.00 Hourly charge, service call $35.00 $44.44 Update cost Meter reinstall fee (actual meter not included)$20.00 $20.00 Hydrant meter, daily rental $5.00 $5.00 Service Turn-on $30.00 $30.00 (*a) See existing note for larger meter setter than initially required (*b) Charge and cost is half of dual MXU for dual installations in single cmmon meter vault KEY No change to descrition and/or fee Change/Add description, and/or fee Existing Proposed DRAFT 3/9/2017 Meridian City Council Meeting DATE: March 14, 2017 ITEM NUMBER: 7C PROJECT NUMBER: ITEM TITLE: Public Works: Water Service to Un -Annexed Property at 5050 W. Franklin Road MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS E IDIAN*.-,-.-,--- Public IDAHO Works Department MEMORANDUM DATE: March 7, 2017 TO: Mayor Tammy de Weerd Members of the City Council FROM: Warren Stewart RE: Water service to un -annexed property at 5050 W. Franklin Road Mayor Tammy de Weerd City Council Memberft Joe Barton Keith Bird Genesis Milam Lutze Cavener Ty Palmer Anne Little Roberts As part of the ACHD Franklin Road (Black Cat to Ten Mile) project, various property owners were contacted to see if they wanted to pay to have sewer and water stubs extended to their properties during the project. Several owners did, including Mr. Roger Graham located at 5050 W. Franklin Road. Since that time, Mr. Graham's residential well has dried up. He is currently without water and has been for several months. Rather than drill a new well, he would like to connect to the City's water system. He has hired a plumber to extend a service line to the water stub put in with the Franklin Road project, but needs to have a meter installed before he can receive any water. He has written a letter to the City making a formal request to connect. I have reviewed the letter dated March 4, 2017 and other supporting documents, and find no physical reason that would prohibit water service to the subject parcel. A new water main was installed across the frontage of his property, and he has paid for the construction of a water service stub to the edge of the right-of-way. I recommend that Mr. Graham enter into a Connection Agreement with the City of Meridian allowing him to obtain water service with the following conditions: he pay the water assessment fee required to connect, take the necessary steps to annex his property when it becomes contiguous with the city limits, pay the sewer assessment fee and connect to the sewer system upon annexation or septic system failure, whichever comes first. All other required City of Meridian fees would have to be paid prior to water meter installation. Warren Stewart City Engineer, P.E. City of Meridian Public Works Public Works Department . 33 E. Broadway Avenue, Suite zoo, Meridian, ID 83642 Phone 208-898-55oo . Fax 208-898-9551 . www.meridiancity.org ti o d a W Quarterhorlse Ln R, z1 I W, .e_wl i d St -�---- V i U. m� Z:I J C cd E ` « -j E J N - CW Z W-Franklin Rd t _w 3=� -c 00 U, U m N CITY OF MERIDIAN PUBLIC WORKS DEPARTMENT 33 E. BROADWAY AVENUE, SUITE 200 MERIDIAN, IDAHO 83642 WATER AND/OR SEWER SERVICE AGREEMENT Project: _Water and Sewer Improvements in coordination with ACHD Franklin Road - Black Cat to Ten Mile Project, herein called "the Project". THIS AGREEMENT, made this 315 day of July, 2013, between the City of Meridian acting by its Mayor and Council, by the City Engineer, or his authorized representative, herein called "City" and Roger Graham, herein called "Property Owner". The parties agree as follows: The City agrees to include with the Project, design and staking of water and/or sewer services and bid unit prices for water and/or sewer services to serve the Property Owner of the following location, Parcel S1209449100 and S1209449200 on the North side of Franklin Road. If, after the Project design has been completed, changes occur to these locations which are the result of changes by the Property Owner, the Property Owner agrees to reimburse the City for any and all expenses that may occur to facilitate the re- design. 2. After the bid opening for the Project and prior to the Notice to Proceed, the City will provide the property owner with the bid unit price information. 3. If the costs of the improvements outlined above are acceptable, the Property Owner shall authorize, in writing, the City to have the improvements constructed and provide payment for the improvements prior to construction; otherwise, the improvements may be removed from the Project. 4. The Property Owner understands that this contract is limited to the improvements listed above. It does not imply any other agreement between the parties, and does not include payment of any other fees such as assessment fees, which will be due to the City at prevailing rates at the time when water or sewer service is requested. Property Owner and City have signed this Agreement as shown below. CITY OF MERIDIAN By: Ashley Newbry By: "_.:__i_I moi_.__ _ Name Date: Revised 9/09/2009 Nar, Dat, VD flDUD rPV r1AUXTUD CITY OF MERIDIAN FRANKLIN RD - BLACK CAT TO TEN MILE RD PROPERTY OWNER INVOICE OWNER: Roger Graham ADDRESS: 5050 W. Franklin PARCEL#: S120944910t'& 51209449201 00 f, ITEM DESCRIPTION ITEM PRICE 1" WATER SERVICE STUB $1,389.84 "� 4 C> 2 Z 14 � 4" SEWER SERVICE STUB $2,595.62 CPO _ 2 7-1 3 (o TOTAL INVOICED $3,985.46 I AUTHORIZE THE CITY OF MERIDIAN TO PROCEED WITH INSTALLATION OF THE SERVICE AS SHOWN ABOVE. REMIT TO: CITY OF MERIDIAN PUBLIC WORKS DEPARTMENT 33 E. BROADWAY AVENUE, STE. 200 MERIDIAN, ID 83642 TRAIT"TRAIT"C�WE IDIAN - IDAHO 33 E. 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H ai m ...1.i AO- ; 0 -o d O .� 4" , 0 P4 o° -) a z bo �0 H Oda C7 0 s' I to m 0 a ) a z O Meridian City Council Meeting DATE: March 14, 2017 ITEM NUMBER: 7D PROJECT NUMBER: ITEM TITLE: Agreement For Provision Of Water Service Outside Meridian City Limits: 5050 W. Franklin Road MEETING NOTES u✓ APPROVED 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 2017-022571 BOISE IDAHO Pgs=6 HEATHER LUTHER 03/16/2017 04:45 PM CITY OF MERIDIAN, IDAHO NO FEE RECORDING REQUESTED BYAND WHEN RECORDED RETURN TO: City Clerk Clty of Merldlan 33 E. Broadway Avenue Merldlan, ID 83692 AGREEMENT FOR PROVISION OF WATER SERVICE OUTSIDE MERIDIAN CITY LIMITS: 5050 W. FRANKLIN ROAD This AGREEMENT FOR PROVISION OF WATER SERVICE OUTSIDE MERIDIAN CITY LIMITS ("Agreement") is made this I q day of March, 2017, by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho (hereinafter "City"), and Roger Graham, whose mailing address is 5050 W. Franklin Road, Meridian, Idaho (hereinafter "User") (collectively, "Parties"), WHEREAS, User is the owner of parcel number S 1209449201, located at 5050 W. Franklin Road, Meridian, Idaho Ada County, Idaho, which real property is located outside of Meridian City limits; WHEREAS, the City is authorized by Idaho Code section 50-323 to develop, operate, and maintain a domestic water supply, and to protect the same from contamination, and the City does exercise such authority, including by the adoption and enforcement of Title 9, Chapters 1 and 4, Meridian City Code; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, and in consideration of the recitals above, which are incorporated herein, the Parties agree as follows: I. COMMITMENTS BY CITY. A. Provision of Services. At all times relevant hereunder, City shall provide water service to the Subject Property, subject to the terms and conditions of this Agreement and any and all applicable laws and City ordinances. B. Billing. City shall bill User monthly for water usage according to the metering, accounting, and billing system in place under Meridian City Code and the policies and practices of the City of Meridian. C. Recordation. City shall record this Agreement, and shall submit proof of such recording to User. AGREEMENT FOR EXTENSION OF DOMESTIC WATER SERVICE OUTSIDE MERIDIAN CITY LlMns -- 5050 W. FRANKLIN PAGE i OF 6 D. Annexation Notice. City shall send written notice to User when Subject Property is eligible for annexation, requiring User to submit an annexation application to City for Subject Property. II. COMMITMENTS BY USER. A. Payment for City services. User shall be responsible for fulfilling User's obligation to pay City any and all applicable costs, including, but not limited to assessment and meter installation fees. Upon connection to the City's water system, User shall pay to City all applicable fees and costs for water services provided, including, but not limited to use fees, as such are calculated and billed by City as set forth herein and established by law or City ordinance. The exclusive remedy for disputes, objections, or appeals regarding such fees and charges shall be appealed to the Board of Adjustment under the procedures set forth in Meridian City Code. Notwithstanding any other provision of this Agreement, this provision shall be binding upon User and upon any and all successors in interest of User and/or to the Subject Property. B. No cross -connection. User shall abide by and comply with any and all applicable provisions of law, which shall specifically include, but shall not be limited to, compliance with Chapter 3, Title 9, Meridian City Code and/or any and all similar ordinances subsequently adopted, which prohibit the installation and/or maintenance of a cross - connection to the City's water system. C. Consent to annexation. User specifically agrees that, as a specific consideration of City's willingness to enter into this Agreement, User shall, and hereby does, provide perpetual consent to annexation of the Subject Property into the City of Meridian. This provision shall comprise evidence of User's consent to annexation and shall be binding upon all subsequent purchasers, heirs, or assigns of the Subject Property. Notwithstanding any other provision of this Agreement, this provision shall be binding upon User and upon any and all successors in interest of User and/or to the Subject Property, D. Annexation application. Within sixty (60) days of receiving written notice from City that Subject Property is eligible for annexation, User shall, at User's sole expense, submit an Annexation Application for the Subject Property into the City of Meridian. User's Annexation Application shall be a complete submittal of all City -required documents, exhibits, and fees for requesting annexation into the corporate boundary that are in effect at the time of application. Such Annexation Application shall propose zoning designations consistent with the Future Land Use Map designation of the City's Comprehensive Plan. It is acknowledged by the Parties that, upon annexation, all of the benefits and responsibilities of residence within Meridian city limits shall apply to the Subject Property, including, but not limited to, the requirement that all real property and uses thereof conform to the provisions of Meridian City Code and policy, including, but not limited to, Title 11, the Meridian Unified Development Code ("UDC"); Title 4, AGREEMENT FOR ExTENSION OF DOMESTIC WATER SERVICE OUTSIDE MERIDIAN CITY LIMITS - 5050 W. FRANKLIN PAGE 2 OF 6 Chapter 1, the City of Meridian Solid Waste Ordinance; and Title 9, the City of Meridian Water and Sewer Ordinance. E. Consent to entry. User shall, and hereby does, provide perpetual consent and access to the City to enter the Subject Property for the purpose of inspecting any and all water pipes, connections, and related infrastructure. Except as to routine meter readings or in the event of an imminent Or realized threat to the public health, safety, or welfare, City shall attempt to provide User at least twenty-four (24) hours prior notice of such entry; such notice may be verbal or written and may be posted at the Subject Property. F. Use of private septic system. Until the occurrence of any Triggering Event as set forth below, User may continue to maintain and use the existing private septic system at the Subject Property without penalty therefor, so long as all such maintenance and use is undertaken in full compliance with all applicable laws. Upon the occurrence of any Triggering Event, User shall connect any and all occupiable buildings then located on the Subject Property to the City sewer system. Upon connection and provision of City sewer service to the Subject Property, User shall disconnect and discontinue the use of any and all private septic or sewer systems on the Subject Property other than the City sewer system. "Triggering Event," as such term is used herein, shall mean any of the following: 1. Annexation of the Subject Property into the City of Meridian. 2. Sale of the Subject Property or any portion thereof or appurtenance thereupon to any person or entity. 3. Redevelopment or subdivision of the Subject Property by any person or entity. 4. Failure, abandonment, replacement and/or removal of the private septic system on Subject Property or any portion thereof, excepting maintenance and repairs. 5. Any verifiable, substantial increase in demand upon City water services to or upon the Subject Property. III. GENERAL PROVISIONS. A. Default. Any failure to perform the terms and conditions of this Agreement, or any portion thereof, shall be a default hereunder. In the event of a default, the non -defaulting party may serve a written Notice of Default upon the defaulting party by the method set forth herein. Except in case of an imminent or realized threat to the public health, safety, or welfare, the defaulting party shall have thirty (30) days following delivery of such notice to cure or correct the default before the non -defaulting party may seek any remedy as provided herein. Notwithstanding any other provision of this Agreement, this provision shall be binding upon the Parties and upon any and all successors in interest thereof. B. Enforcement. This Agreement shall be enforceable in any court of competent jurisdiction by either City or User, or any respective successor(s) in interest thereof. An action at law or in equity, as appropriate, shall he to secure specific performance of any covenant, agreement, condition, commitment, and/or obligation set forth herein. In addition, remedies available to City shall include, but shall not be limited to, termination of water AGREEMENT FOR EXTENSION OF DOMESTIC WATER SERVICE OUTSIDE MERIDIAN CITY LIMITS - 5050 W. FRANKLIN PAGE 3 OF 6 service to User, to any successor(s) in interest, and/or to any water user located on the Subject Property. C. Notices. Any notice desired by the Parties Or required by this Agreement shall be deemed delivered after deposit in the United States Mail, postage prepaid, addressed as follows: City: City of Meridian Attn: Public Works Department Director 33 E. Broadway Ave. Meridian, Idaho 83642 User: Roger Graham 5050 W. Franklin Road Meridian ID 83642 Either Party may change its address for the purpose of this section by delivering to the other Party written notification of such change, establishing a new address for noticing purposes, in accordance with the requirements of this section. D. Time is of the essence. The Parties acknowledge and agree that time is strictly of the essence with respect to each and every term, condition, and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach and default hereunder by the Party so failing to perform. E. Binding upon successors. Except as otherwise specifically provided herein, this Agreement shall be binding upon any and all owners of the Subject Property, any and all subsequent owners thereof, and each and every other person acquiring an interest in the Subject Property. Nothing herein shall, or shall be construed to, in any way prevent the sale or alienation of the Subject Property, or any portion thereof, except that any sale or alienation shall occur subject to the provisions of this Agreement, and any successive owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. F. Severability. If any provision of this Agreement is held invalid by a court of competent jurisdiction, such provision shall be deemed to be exiled herefrom and the invalidity thereof shall not affect any other provision or provisions contained herein. G. Attorney fees. Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney fees as determined by such court. This provision shall be deemed to be a separate contract between the Parties and shall survive, inter glia, any default, termination, or forfeiture of this Agreement. H. Final Agreement. This Agreement sets forth all promises, inducements, agreements, conditions, and understandings between City and User relative to the subject matter hereof, and there are no promises, agreements, conditions, or understandings, either oral or written, express or implied, between City and User, other than as are stated herein. Except as otherwise specifically provided herein, no subsequent alteration, amendment, AGREEMENT FOR EXTENSION OFDOMESTIC WATER SERVICE OUTSIDEMERIDIAN Crry LIMPPs —5050W, FRANKLIN PAGE 4 OF 6 change, or addition to this Agreement shall be binding upon the Parties unless set forth in writing and duly executed by both Parties or their successors in interest, X. Non -waiver. Failure of either Party to promptly enforce the strict performance of any term of this Agreement shall not constitute a waiver or relinquishment of any Party's right to thereafter enforce such term, and any right or remedy hereunder may be asserted at any time after either party becomes entitled to the benefit thereof, notwithstanding delay in enforcement, All rights and remedies herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law, Likewise, the exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of any other remedy, J, Compliance with laws. Throughout the course of this Agreement, the Parties shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments, This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. The City's ordinances appertaining to the regulation, control, and use of its sewer and water systems, and any prospective amendments to and/or recodifications thereof, are specifically and without limitation incorporated into this .Agreement as if set forth fully herein. K. Advice of attorney. Each party warrants and represents that in executing this Agreement, it has received independent legal advice from its attorney or the opportunity to seek such advice, L, Approval Required: This Agreement shall not become effective or binding until approved by the City Council of the City of Meridian, IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the Effective Date first written above, USER: -6-9< —weep.- STATE OF IDAHO ) ) ss: A n I County of __"0. ) (V LC1, -04, I HEREBY CERTIFY that on this -/ q dayofAhzir.2617 before the undersigned, a Notary Public in the State ofldaho, personally appeared ROGER GRAHAM, proven to me to be the person who executed the said instrument, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate fist above written, Notary Public for Idaho Residing at Idaho My Commission Expires: 1Lk.yl3 1, AGREEMENTFOREXTENSION oFDomESTIC WATER SERVICE OUTSIDE MERIDIAN CrrY LIMITS - 5050 W, FRANKuN PAGE 5 of 6 X 1A, CITY Or MERIDIAN: o A ��t rho r�FASUROVP�� BY: Attest: Tamm de i*eerd, Mayor C, ay CoQ, City Clerk STATE OF IDAHO ) ) ss; Country of Ada ) h I HEREBY CERTIFY that on this `' "GF /day of 2017 before the undersigned, personally appeared TAMMY de WEERD and C.JAY COLES, known or identified to me to be the Mayor and City Clerk, respectively, of the City of Meridian, who executed the instrument on behalf of the City of Meridian, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, T have hereunto set my hand and affixed my official seal the day and year in this certificate first rr•rrrr above written. CON* L 4Q Notary Public For Idaho t t-'� 0 'IV _ �� Residing at, _Fo , Idaho + 0 i My Commission Expires: .+ hr0 � i; lY lt.� �'� • AGREEMENT FOR EXTENSION OF DOMESTIC WATER SERVICE OUTSIDE MERIDIAN CITY LIMITS — 5050 W. FRANKLIN ' PAGE 6 Or 6 Meridian City Council Meeting DATE: March 14, 2017 ITEM NUMBER: 7E PROJECT NUMBER: ITEM TITLE: Community Development Community Development: CDBG Program Year 2017 Introduction 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 2017 Community Development Block Grant Program Year Introduction Christopher Pope, CDBG Administrator Introduction and Processes Presentation, Adoption, and Submission of Plans Public Input and Revision Action Planning 2017 Application Process Five-Year Consolidated Planning 2015 & 2016 CDBG Activities CDBG Program Year 2017 Timeline Ap p l i c a t i o n & Pl a n n i n g P h a s e •March 20:2017 CDBG application submission begins •March 21: 2017 CDBG Information Session •April 17:2017 CDBG application submission closes •April 19 -May 2:CDBG Committee scores and ranks applications Pu b l i c Co m m e n t Ph a s e •May 16:Presentation to Council; opening of public comment •June 20:Public Hearing held; plans adopted Fe d e r a l Su b m i s s i o n Ph a s e •June 20 -July 15:Finalize plans for submission •July 15:Final plans submitted to federal government Questions or Concerns?Recommendations for Projects? Meridian City Council Meeting DATE: March 14, 2017 ITEM NUMBER: 7F PROJECT NUMBER: ITEM TITLE: Community Development: Issuing Permits Out of Order 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 8, 2017 MEMORANDUM TO: Mayor Tammy de Weerd City Council Members CC: City Clerk FROM: Caleb Hood, Planning Division Manager RE: Issuing Permits Out of Order March 14, 2017 City Council Workshop Agenda Item Over the past several months, developers are asking Council to allow them to acquire building permits ahead of subdividing property. Staff would like to explain why it is standard protocol to require lots and blocks to exist prior to plan review and issuing building permits. Further, staff would like to explain risks associated, should Council deviate from this standard practice. As Staff understands the development communities’ concern, and the primary reason for the request, Ada County has a long queue and it is taking a long time to get plats recorded. While unfortunate, the issue is not being created by the City or our processes. We try to assist developers when we can, but issuing permits out of order is not a viable option to “make-up” lost time. When permits are issued out of the standard process, it tends to create more work and take more time and other resources for both City staff as well as developers/builders in the long run. Further, there is more risk to both the City and developers/builders when the standard process isn’t followed. The risks, issues and concern created are not just from Planning, Building or any one division – it really causes issues for everyone throughout the process. To that end, several departments have provided an outline of why, as a unified voice, we do not recommend issuing building permits ahead of plat recordation. See below for comments from: Planning, Fire, Land Development, Public Works, Building and Legal Departments. Planning (Bill Parsons): Issuing residential permits ahead of platting has the greatest risk for our department. I don’t think we should be approving building permits for residential subdivisions before the plat is recorded for several reasons. First, there are no clear/existing lot lines to do our review. Without knowing where the lot lines are, we cannot verify setbacks. Further, typically in residential plats, there are utility easements that follow property lines. If a property line changes, the associated easement changes and a structure could encroach if we allow a permit out-of-order. Second, easements can change at the County. New easements are added or changed from when the City reviewed, which again, could create non-conforming situations that may require Variances in the future. Third, allowing building permits on lands zoned for single-family uses ahead of lots creates the possibly of multiple structures (or multiple families) on a single parcel which is prohibited. In a single-family zone, only one home per parcel/lot is allowed. Again, we would be creating non-conforming uses. A recent example was Whiteacre Subdivision. It took a lot of staff time to ensure that no more than two building permits were issued before the plat recorded (they had multiple parcel lines to begin with). I was able to communicate the requirements with our Building consultants to ensure the process moved smoothly but we assumed all of the risk. Lastly, without the plat, a metes and bounds description would be necessary. And if this description doesn’t match the plat when it does record, someone bought/sold property they don’t own. (This can be fixed through property boundary adjustments, variances or vacations but again, no one is saving any time, money or effort!) I personally don’t think commercial permits pose that big of a concern for Planning for the following reasons: 1) Prior to development, the applicant must obtain a CZC before a building permit application is submitted. Parcel boundaries and any easements must be delineated on the submitted plans for our review. If the property being developed has an approved preliminary plat, it would be my recommendation that the applicant submit a final plat concurrent with the CZC application to ensure we have a final plat application in process. This would allow the applicant to move forward with recording a plat as they start construction of there project. Construction drawings are approved by Land Development prior to issuance of a building permit. This may also eliminate the concern for the dedication of ROW. As part of the CZC approval, a condition would state that no CO will be issued until the final plat is recorded. 2) Fire access is reviewed as part of the building permit application and structures cannot go vertical until water is activated. As Bruce F. mentioned minimum requirements need to be satisfied before this can happen regardless if a property is part of final plat or a single parcel of record. 3) Many of our commercial districts do not have building setbacks. Every parcel has a defined boundary whether is part of a subdivision or not. The site plan approved by both Divisions should match the dimensions of the lots proposed with the final plat. Again, I think it’s critical that we have a City approved final plat showing the dimensions. 4) For commercial developments Terri said assigning temporary addresses is common; the permanent address is assigned once the CO is issued. 5) If the property is an illegal parcel, the subdivision should be recorded prior to the submittal of a CZC and building permit applications. 6) At the DSAC meetings, we discussed this with the group and everyone agreed with the process we currently have in place. There will always be outliers so I have some reservations with holding up commercial developments prior to the final plat recording. Fire (Perry Palmer): As for the issues of the permits out of order for the fire department, these are the issues: 2012 IFC 505.2 states that temporary or permanent road signs will be in place when construction of new roadways allows passage of vehicles. 2012 IFC 3312.1 states an approved water supply for fire protection either temporary or permanent shall be made available as soon as combustible materials arrive on site. 2012 IFC D103.4 states dead end fire apparatus access roads in excess of 150 feet shall be provided with turn around provisions as per table D103.4 2012 IFC D103.3 states that the minimum turning radius will be determined by the fire code official. This currently is 28 foot inside and 48 foot outside 2012 IFC D102.1 states that facilities, buildings or portions of buildings hereafter constructed shall be accessible by an approved fire apparatus road with asphalt or concrete or other approved driving surface capable of supporting 75,000 pounds. Land Development / Addressing (Terri Ricks): Following the implementation of Accela a few years ago, we made the decision to become address-based. Once a subdivision is recorded, a permanent address is created in MEAD (Meridian Enterprise Addressing Database) for each new lot. The address is then immediately routed to Accela, as well as other software systems within the City and outside agencies. This allows the actual verified address to be entered only once, enables all pertinent records to be attached to that specific address, and lessens the potential for address changes and/or corrections in the foreseeable future. Periodic address changes are sometimes necessary. Addresses assigned many years ago, or affected by new development, can over time become inconsistent with present day addressing and public safety standards. This in turn creates the potential for dispatching and emergency response delays. Address changes by their very nature can create short-term confusion on their own, both for public safety, as well as our internal tracking capabilities. Items to consider from an addressing standpoint are listed below: Residential Subdivisions : Waiting for a subdivision plat to be recorded before assigning addresses reduces overall confusion for contractors, staff, outside agencies and future homeowners. To create a large number of temporary addresses with the expectation of changing them in just a few weeks is problematic to say the least. Aside from the confusion factor, the timeline for a residential permit (application through Certificate of Occupancy) can go quickly and the need for monitoring and changing an infinite number of addresses in a short amount of time would require more staff time than we currently have. Changing addresses involves notifications of contractors, owners, making sure records are properly transferred, inspections are attached to the correct address and electronic plans are located where DBS and others can locate them. We have recently implemented a process which allows us to shorten the time for address assignment on residential subdivisions. If the safety and development items mentioned by Perry and Bill have been completed, the permanent addresses can be assigned without delay. Commercial Subdivisions and Commercial Projects: Temporary addressing for commercial subdivisions and commercial projects hasn’t been as problematic. The lower number of commercial projects (vs residential) and the additional length of time from application to Certificate of Occupancy, allows ample time for changing the temporary address to a permanent one and generally doesn’t require much monitoring. Oftentimes the permanent address can be assigned before the building permit is even issued. This eliminates confusion for outside agencies, as well as internal tracking issues of water/sewer assessments and many other records. Multi-Family Subdivisions and Projects : I don’t recall this being mentioned, but temporary addressing to allow permitting for multi-family projects (whether it will at some point be part of a recorded subdivision or not) has resulted is ongoing confusion each time. The reasons are the same as those associated with residential subdivision, but multiplied by 100! Public Works (Warren Stewart): The following are Engineering’s comments on issuing building permits out of the normal order. • Issuing building permit before the plat o Lot lines and set backs have not yet been verified. There is no way to verify the structure is on the proper location on the lot. o The easements for utilities have not yet been secured or protected. o Conditions of approval are not yet fully determined. o The County surveyor has not checked it. Without that check, encumbrances would not be known. Plat conditions could change. o We don’t yet have the information to determine the connection location and routing of utilities and streets through the development. • Issuing building permits before public utilities/infrastructure is in place o Just because you have a plat, doesn’t mean you can build safely. The water, sewer, and roads need to be in place for public health safety reasons. o We need to require all offsite improvements necessary for water, sewer, and transportation infrastructure be in place before a building permit is issued. o Drainage is a concern also. We’ve had situations where houses and driveways have been put in places they shouldn’t be, like where drainage swales need to go. o There are also floodplain issues to consider. All of the grading of the subdivision will effect what happens on the lot. If you can’t verify proper grading per plans, then you really are not ready to put a house in place. o It’s not the developer, but the home builders, home buyers or building tenants that get hurt when we don’t follow the process. The processes were created for a reason, usually to correct mistakes of the past. The Oaks is a good example of why this is needed. Overland Park is a good example of where circumventing our process caused issues. • Reasons For The Current Process o Our processes are in place for a reason. They were implemented to address problems we saw in the past when they weren’t there. o If you circumvent our processes, you risk making the same mistake over again. o There is no real reason to circumvent the process. We are not hurting for building permits. There is no upside for the City. Building (Brent Bjornson): • Confirmed that final property lines, fire access, easements and setbacks are an essential requirement of the building plan review process. Final locations are mandatory to perform a code compliant life safety building review of building location(s) on the parcel. • Property lines, adjustments, easements and setbacks that are not final could affect the building plan review for both residential and commercial. Contract plan review consultants would accept a level of risk and duplication of plan review services. • Easements, flood zones, roadway, fire access and access right of way could change. Legal (Ted Baird): The subdivision process and the recording of a plat may impose new legal descriptions (lot and block) and new features such as setbacks, easements and the like. It is for this reason that your legal advisors prefer that when land is in the platting process, building permits should not be issued until after the final plat has been recorded. Issuing Permits Out-of-Order City Code 11-5C-3: SURETY AGREEMENT PROCESS: A. The city may withhold building, electrical or plumbing permits, certificates of zoning compliance, or certificates of occupancy on the lots or land being developed or subdivided, or the structures constructed thereon, if the improvements required under this title have not been constructed or installed, or if such improvements are not functioning properly. B. All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the city engineer, an owner may post a performance surety for such improvements in order to obtain city engineer signature on the final plat. The amount of the performance surety shall be established by city council resolution. The estimated cost shall be provided by the applicant and reviewed and approved by the city engineer. In addition to the performance surety, all such improvements shall also be subject to a warranty surety in the amount of twenty percent (20%) of the cost of improvements for a period of two (2) years. C. In the event that an applicant and/or owner cannot complete the nonlife, nonsafety and nonhealth improvements, such as landscaping, pressurized irrigation, and fencing, prior to city engineer signature on the final plat and/or prior to occupancy, a surety agreement may be approved in accord with the procedures set forth in this chapter. The amount of surety called for shall be established by city council resolution. The estimated cost for landscape and fencing sureties shall be provided by the applicant and reviewed and approved by the director. Standard Conditions •Condition 1.4.2 –“The applicant shall complete all improvements related to public life, safety, and health as set forth in UDC 11-5C-3B. A surety agreement may be accepted for other improvements in accord with UDC 11-5C-3C.” •Condition 2.2.9 –“Street signs are to be in place, sanitary sewer and water system shall be approved and activated, fencing installed,drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits.” •Condition 2.2.10 –“A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, etc., prior to signature on the final plat.” •Condition 2.2.11 –“All development improvements, including but not limited to sewer and water, fencing, micro-paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy.” Recently Requested Changes •Change 1: Street signs are to be in place, sanitary sewer and water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building occupancy permits. •Change 2: All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. Meridian City Council Meeting DATE: March 14, 2017 ITEM NUMBER: 7G PROJECT NUMBER: I11114Jii11110114 Human Resources: Merit Roadshow for FY2018 Budget 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 L C C� G N � � v_ U , � ap O Vf GJ f6 �' � V g � f8 � 6 � a � � `a a� � v v I � � O � � � � � � e � � tll � �O � > 2 � ai � v O a� � AC io U (n 00 � r+ O Cn to n r+ ° � � o r+ > D o o CD U)�` O o ° :3�, N 3 �' cn n G) r° -o O -v rr orD O m u E Q) O u O ® L m O u E ca L- E O E O � � O N 4-j Ln O O v `+- O h�A O U — C6 Ln U °Q -�+ CJ a) .� O E 1-j +j O S-- u O _u O � � U CD C7 ZT -s CD N CD r-- rr O� D z V' o o C) CD -0 o O 7 0- Oq CD -h O o 3 Cl o O O n O D N Cl CD --5 r+ O D -v -° D G) O (D �. o. -0 m CD N CDCL r+ �( \ t � FD- � CD n CI; r+ V) N X o� 1 CD C7 ZT -s CD N CD r-- rr O� D z V' o o C) CD -0 o O 7 0- Oq CD -h O o 3 Cl o O O n O D N Cl CD --5 r+ O D -v -° D O o o. -0 m CD r+ _ O � FD- � V) N X - - A YT 0 U O CL L- c 4 E x 0 07 m V) E ® •� U .-) Q) � Q) -b' E O Q) 4-J C6 v Q) E c N N (1)0 C6 U L (3) t�1D Q. 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F- V D O o� 00 °� a a CL (TQ n r+ rD fD Q A O �. 3 CD n fD O m Q O CU n r+ 3 � n A S N 3 00 Cr r+ (D Q r+ '-' M CL \ rr+ A S (TQ � C D C) r+ fD O \ N (D ILOlO r+ O' CD .Q CD cn r+ CD n HE 7 4 CD CD O CL V; s CD V) CD r+ v r+ O Zn' -h O O 7 3 r+ O' C O U) CD U) O 0 CD 3 (1) V O O oc � N E ca s Meridian City Council Meeting DATE: March 14, 2017 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Future Meeting Topics 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