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2011-06-21C~ivl E IDIAN~- IDAHO CITY COUNCIL REGULAR MEETING AGENDA Tuesday, June 21, 2011 at 7:00 PM Roll-Call Attendance X David Zaremba X Brad Hoaglun X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd 2. Pledge of Allegiance 3. Community Invocation by Bishop Wheeler with the Church of Jesus Christ of Latter Day Saints 4. Adoption of the Agenda Adopted 5. Consent Agenda Approved A. Final Order for Approval: FP 11-005 Spurwing Orchard by SWG Brighton, LLC Located North Side of Chinden Boulevard; East of N. Tree Farm Way Request: Final Plat Approval for 38 Residential Building Lots and Four (4) Common Lots on 12.98 Acres in an R-15 Zoning District B. Water Easement for Fast Eddy's Chevron Located at 1725 East Overland Road C. Award of Bid Campbell Tractor for Mower Purchase for aNot- To-Exceed Amount of $84,813.00 and Authorize the Purchasing Manager to Issue and Sign a Purchase Order for Same D. Approval of Bid Award and Resulting Contract for "Waste Water Treatment Plan (WWTP) Lighting Replacement" Project Bid #PW-11-6007-10186 to Berry Electrical Services, Inc for the Not-To-Exceed Amount of $16,000.00 Meridian City Council Meeting Agenda -Tuesday, June 21, 2011 Page 1 of 3 All materials presented at public meetings shall became 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. E. Professional Services Agreement with Larry Limm for Marketing Consultation Services for the Mayor's Anti-Drug Coalition for an amount not to exceed $3,600.00 F. Professional Services Agreement with Kevin Patrick Kirk, Inc. for Musical Talent for Concerts on Broadway for an amount not to exceed $3,500 G. First Addendum to the Whitman & Associates, Inc. Professional Services Contract H. First Addendum to the RIMI, Inc. Professional Services Contract I. First Addendum to the Harold's Electric Company, Inc. Professional Services Contract J. First Addendum to the DMH Enterprises Professional Services Contract K. First Addendum to the Jackson Code Consultants, Inc. Professional Services Contract L. Amended onto Agenda: Nullification Agreement between City of Meridian and JLJ Enterprises 6. Community ItemslPresentations A. Public Works Department: Donation to Meridian Food Bank B. Appreciation Presentation to Anna Canning, Planning Director, for Years and Dedication of Service 7. Items Moved From Consent Agenda 8. Action Items A. Public Hearing: ZOA 11-002 Unified Development Code (UDC) Text Amendment by City of Meridian Public Works Department Request: Amend the Surety Section, UDC 11-5C to Include Clarifications, Increase Surety Amounts and to Provide for Bonds as a Form of Surety Continued to June 28, 2011 B. Public Comment: Ordinance No. 11-1485: An Ordinance of the City of Meridian, Enacting a New Section, Title 8, Chapter Meridian Cify Council Meeting Agenda- Tuesday, June 21, 2011 Page 2 of 3 All materials presented al public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related To documents and/or hearing, please contact the Cily Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 6, Section 2, Relating to Performance and Warranty Surety for Public Infrastructure (First Reading) Continued to June 28, 2011 C. Public Hearing: CDBG Program Year 2011 (PY2011) Draft Annual Action Plan-Open Public Hearing and Comment Period Continued to July 26, 2011 D. MFP 11-002 Una Mas by Tamara Thompson Located Southwest Corner of E. Ustick Road and N. Allys Avenue Request: Modification to Note #9 on the Final Plat for Una Mas Subdivision Regarding Direct Lot to N. Allys Avenue Approved 9. Department Reports A. Public Works Department: Streetlight Conversion Project B. Public Works Building Services Division: Budget Amendment for Building Repair for a Not-to-Exceed Amount of $1,883,700.00 Approved Amended onto Agenda: Budget Amendment for $2,300,000.00 for Fees, Costs and Damages Approved C. Mayor's Office: Discussion on Idaho's Citizen Commission for Reapportionment 2011 Motion approved for Mayor to sign letter 10. Future Meeting Topics 11. Amended Executive Session onto Agenda -Per Idaho State Code 67- 2345 (1)(f) -To Consider and Advise its Legal Representatives in Pending Litigation Into Executive Session at 10:36 p.m. Out of Executive Session at 11:31 p.m. Adjourned at 11:31 p.m. Meridian City Council Meeting Agenda -Tuesday, June 21, 2011 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. A meeting of the Meridian City Council was called to order at 7:07 p.m., Tuesday, June 21, 2011, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Brad Hoaglun, David Zaremba, Keith Bird and Charlie Rountree. Others Present: Bill Nary, Jaycee Holman, Anna Canning, Pete Friedman, Jamie Leslie, Mark Niemeyer, Tom Barry, Warren Stewart, John McCormick, Lori den Hartog, Robert Simison, and Dean Willis. Item 1: Roll-call Attendance: Roll call. X Brad Hoaglun X David Zaremba X Keith Bird X Charlie Rountree X Mayor Tammy de Weerd De Weerd: Well, we thank you for your patience and we welcome you to the City Council meeting of -- for the record it is June 21st. It's 7:07. We will start tonight's meeting with roll call attendance. Madam Clerk. Item 2: Pledge of Allegiance De Weerd: Item No. 2 is the Pledge of Allegiance. Tonight we will be led in the pledge by Tyler and Aden. They are with Troop 28. So, if you boys would like to come forward and if you will all rise. (Pledge of Allegiance recited.) De Weerd: That was perfectly done. We appreciate you two coming back. They were here at 6:00 o'clock for a special meeting and I said, well, that one won't be very interesting, so they agreed to come back and lead us in the pledge. So, thank you so much. Item 3: Community Invocation by Bishop Wheeler with the Church of Jesus Christ of Latter Day Saints De Weerd: Okay. Item No. 3 is our community invocation. Tonight we will be led by Bishop Wheeler. He is with the Silver Leaf Ward. If you will all join us in the community invocation or take this as an opportunity for a moment of reflection. Bishop Wheeler. Thank you for joining us. Wheeler: Our Father in Heaven, we bow our heads before thee this evening at the beginning of this City Council meeting with gratitude in our hearts for the wonderful nation that we have the blessings of being a part of, for this great community of Meridian City Council June 21, 2011 Page 2 of 63 Meridian, for the members of this City Council and our Mayor and those who work with them and work together in making Meridian such a wonderful place to live and the great community that it is. We have so very much to say thank you for, Father, in the midst of the challenges and difficulties that we do face. Help us to always remember thy many blessings in our lives and to remember the wonderful -- the wonderful things that are in our lives as we strive together to make this a better place to live. Father, we pray that thou would bless with wisdom and understanding the members of our City Council and the proceedings of the meeting tonight, that they may be guided and directed in making decisions that will be for the betterment of our community and making us stronger as a community and as individuals and as families. Again, we are grateful and pray that thou would watch over and bless the proceedings of this meeting, we pray in the name of Jesus Christ, amen. De Weerd: Now, Bishop Wheeler, is this your first visit? Wheeler: It's been a little while. De Weerd: Have I given you a city of Meridian pin? Wheeler: I think I have one. De Weerd: You didn't wear it. Oh, no, it's not a requirement. Well, thank you so much for being with us. Wheeler: Thank you. Item 4: Adoption of the Agenda De Weerd: Thank you. Item No. 4, adoption of the agenda Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: On tonight's agenda just a couple items to note. Under Action Items, 8-B is ordinance number 11-1485. And also let me jump up here. I missed my notes here. Under the Consent Agenda, Item 5, we are going to add a 5-L and that's a nullification agreement of the city and JLJ Enterprises and that will be added to the Consent Agenda, Item L, and, then, 8-B is the proposed -- is the ordinance number 11-1485. And under Department Reports there is going to be a part of B -- I guess I'll call it 9-B-1 -- is a budget amendment in the amount of $2,298,892.74 for fees and costs and damages that we will add to Item 9. And with that, Madam Mayor, I would move adoption of the agenda as amended. Bird: Second. Meridian City Council June 21,2011 Page 3 of 63 nda as amended. All De Weerd: I have a motion and a second to approve the age a e All ayes. Motion carried. those in favor say y . MOTION CARRIED: ALL AYES. Item 5: Consent Agenda A. Final Order for Approval: FP 11-005 Spurwing Orchard by SWG Brighton, LLC Located North Side of Chinde o6 I for 38 East of N. Tree Farm Way Request: Final Plat App Residential Building Lots and Four (4) Common Lots on 12.98 Acres in an R-15 Zoning District B. Water Easement for Fast Eddy's Chevron Located at 1725 East Overland Road C To-Exceed Amount of $84,813 00 and Author'ze the for aNot- Purchasing Manager to Issue and Sign a Purchase Order for Same p, Approval of Bid Award and Resulting Contract for "Waste Water Treatment Plan (WWTP) Lighting Replacement" Project Bid #PW-11-6007-10186 to Berry Electrical Services, Inc for the Not-To-Exceed Amount of $16,000.00 E. Professional Services Agreement with Larry Limm for Marketing Consultation Services for the Mayor's Anti-Drug Coalition for an amount not to exceed $3,600.00 F, f roNlusical Tale t'for Concerts on Broadway for an am'ou~nt c not to exceed $3,500 G. First Addendum to the Whitman & Associates, Inc. Professional Services Contract H. First Addendum to the RIMI, Inc. Professional Services Contract I. First Addendum to the Harold's Electric Company, Inc. Professional Services Contract J. First Addendum to the DMH Enterprises Professional Services Contract Meridian City Council June 21, 2011 Page 4 of 63 {<, First Addendum to the Jackson Code Consultants, Inc. Professional Services Contract L. Amended onto Agenda: Nullification Agreement between City of Meridian and JLJ Enterprises De Weerd: Item 5, Consent Agenda. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: As noted earlier 5-L has been added, nullification agreement between the City of Meridian and JLJ Enterprises. With that I move approval of the Consent Agenda and the Mayor to sign and Clerk to attest. Bird: Second. De Weerd: I have a motion and second to approve the Consent Agenda as changed. Madam Clerk, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 6: Community Items/Presentations A. Public Works Department: Donation to Meridian Food Bank De Weerd: Okay. Item No. 6, under 6-A is our Public Works Department. I will turn this over to our Public Works Director Tom Barry. Barry: Thank you, Madam Mayor. Let me see if I can turn this around. Madam Mayor, Members of the Council, it's my pleasure this evening to present a check to the Meridian Food Bank on behalf of the Public Works Department in the amount of 2,700 dollars for funds raised by one of our Public Works Week events, the Poop Scoot -- 2011 Poop Scoot. This was an activity that was initially conceived by Public Works staff years ago and was expanded this year by the tenacity and vision of those staff and become a wonderful event that we had no idea would grow to the size it's grown and have the kind of support that we have been able see it have. A couple quick numbers here, just so folks know. We have had 72 participants this year in the Public Works Poop Scoot, both runners, walkers, families. This has been an outstanding event. We had six absolutelyp nst urmental nenot justdsupporting the concept ofrPubli bWorks WeekW but Meridian City Council June 21, 2011 Page 5 of 63 this particular event itself. HGR Engineering donated 500 dollars. FPF Water Engineering donated 500 dollars. Brown and Caldwell donated 500 dollars. Murray Smith and Associates donated 500 dollars. CH2M Hill donated 500 dollars. And JUB Engineers donated 200 dollars. These are our partners in crime, if you will, in the development, the design, implementation, the construction, the consulting of public works infrastructure, projects, plans, programs and services and it was our delight to have them join us in supporting our event and it's our pleasure also to have those from the community and certainly those on the staff -- and not just Public Works staff, these are staff from all over the city who participated in this particular event, raising the pledge money to 2,700 dollars. So, we went through apretty -- as you might imagine in Public Works a pretty big process to identify who the recipient of these funds would be and I'm pleased that it's the Meridian Food Bank. We -- we agree that the mission of the Food Bank is an important one and is vital in our community. It was important to us in Public Works to return, as we have been trying through our vision and mission of our department to return our services and -- back to the community and we are grateful that the Food Bank, for what it -- for what they represent and for what they do in our community. So, without going on further and further, if I could ask Liz and Dan to come up, I'd like to present you the check. Liz Warner is the executive director of the Meridian Food Bank for those who don't know, and Dan Clark is chairman of the board. Dan has been with the Meridian Food Bank I understand from its inception back in 1999; is that right? Well, Mayor, I know you normally do these things and I don't if you would rather, but it's certainly a great pleasure if I could do it, if you wouldn't mind. De Weerd: I would love that. Barry: Fantastic. So, on behalf of the Public Works Department and the City of Meridian, we are grateful to give you this 2,700 dollar check for your efforts in the Meridian Food Bank. Thank you so much. Warner: I'd like to say a quick thank you to the Public Works Department and to the sponsors who helped make this happen. We -- a few of the folks in the Food Bank participated. One of our board members is actually a retired nurse, but she used to be a race walker in her younger days and so she really race walked right through that whole thing and she -- we all had a great time and this helps us so much continue, you know, the hard work we have all been putting in trying to help take care of people and we appreciate it so much and thank you so much. Barry: Thank you. De Weerd: Well, I can tell you that our Public Works staff not only during Public Works Week -- and I congratulate all of the -- the employees that were part of that planning team and went out and aggressively sought sponsorships, but also in their service project in Paint The Town. Our Public Works Department really has shined in fact of, you know, taking our goal of being a caring community or a caring city out into the community. So, they have shown that they care well beyond their 8:00 to 5:00 jobs. They have gotten themselves some -- put themselves out into the community and in this Meridian City Council June 21, 2011 Page 6 of 63 fashion, but also in helping one of the neighbors in need. So, we are really appreciative of all of your efforts in showing that -- that caring attitude of our employees goes well beyond. It's not just a job, it's a passion. So thank you. g, Appreciation Presentation to Anna Canning, Planning Director, for Years and Dedication of Service De Weerd: Okay. Item No. 6-B. And I -- I didn't see you back there. It's like where is Anna. So, this is to -- I will come down and embarrass Anna, so she has to come up front. Anna Canning is going to be exploring new ventures in the private sector and this is just really a small token of our appreciation for the years that Anna has given the city and she's given the city more than just years of service. She has given -- she gave the city a passion, a vision, and truly a commitment to making sure that we grew gracefully during a very high growth period. It was very amazing and very gratifying to see how we grew as a community and it was through the vision that was really directed by our planning director and making sure that we saw improvements and that growth brought a more esthetic look and it brought a lot of order and it -- it had -- it had reason behind it. Anna directed all of that. She brought a sense of humor and certainly a voice that will be very missed at our senior management team meetings. She has not only been a great leader, she's been a friend and an inspiration to a lot of people. So, a small token on behalf of the City Council, myself, the directors. She likes little trinkets and this star is not only that she was a star in our city and that she let -- left a shining example, but this is also that star on our city logo and we want her to remember us as fondly as we will remember her. So thank you. Nary: I have a little token from the directors that I was going to bring up, but I hate to follow the Mayor, she always says all the right stuff. So, I'm not going to add more to it. I think I'd echo the same for some of the directors that are in the room that, you know, we aren't just losing a colleague for you running away from us, but we are -- we feel we are losing a friend. But we know we are still going to be friends. You're not moving to Mars, just Idaho Power, and so we have a little thing from all of the directors for you. De Weerd: And the Mayor. Nary: And the Mayor. De Weerd: Senior management team. Nary: This one we felt was more -- De Weerd: More Anna. Nary: More Anna'ish. De Weerd: More Anna like. Meridian Cily Council June 21, 2011 Page 7 of 63 Canning: It's got to be a hat. Nary: Anna is known for her hats. Canning: Oh, oh. Two of them. De Weerd: A pirate, because she gave up the ship. Canning: I just wanted to say thanks and it's been more than great working here for the last eight years and it really has been a wonderful opportunity and the Mayor was appropnate~ I oveeallrof theim.sThank yours Thank youaso much ed. And the hat totally Bird: Thank you, Anna. Rountree: Thank you. Zaremba: Thank you, Anna. ' De Weerd: Council, anything further on this item? Okay. Thank you again and appreciate your mom and Joe being here with you. Item 7: Items Moved From Consent Agenda De Weerd: Okay. There were no items moved from the Consent Agenda. Item 8: Action Items A. Public Hearing: ZOA 11-002 Unified Development Code (UDC) Text Amendment by City of Meridian Public Works Department Request: Amend the Surety Section, UDC 11-5C to Include Clarifications, Increase Surety Amounts and to Provide for Bonds as a Form of Surety g, Public Comment: Ordinance No. 11-1485: An Ordinance of the City of Meridian, Enacting a New Section, Title 8, Chapter 6, Section 2, Relating to Performance and Warranty Surety for Public Infrastructure (First Reading) De Weerd: Item 8-A under Action Items, we have a public hearing for ZOA 11-002. I will turn this over to Pete. Friedman: Thank you, Madam Mayor, Members of the Council. I'd like to preface my remarks by saying that the propose amendment before you tonight is intended to, in essence, bridge to the next item you will be considering for Title -- amendments to Title 8 having to do with the warranty sureties. These go hand in glove, so that if there are Meridian City Council June 21, 2011 Page 8 of 63 changes to Title 8 we will need to incorporate those back into this proposed text amendment should you choose to adopt it. So, that being said, the Public Works was the applicant. Tom will be carrying sort of the bulk of the presentation. We did have a public hearing before the Planning Commission on May 26th. Tom Barry was the applicant representing the Public Works Department. The amendment proposes to distinguish -- do a couple of things. We are proposing to amend the UDC to distinguish our sureties for those essential public facilities, such as sewer and water, from development amenities, such as landscaping and fencing. It also intends now to include bonds as an acceptable form of surety and it adds language regarding the inclusion of warranty sureties as a necessary requirement for the release of performance sureties that have been submitted for the installation of city infrastructure. Again, Director Barry made a presentation to the Planning and Zoning Commission. He was the only person speaking that night. There was no other opposition or neutral comments. We hadn't received any written comments at that time. The Commission did recommend to the Council approval of the amendments. The only item of discussion -- there was some discussion among the Commission about the adequacy of the amounts that were being proposed, specifically moving from the current 110 percent for performance surety to 125. They wanted to make sure that the Public Works director was comfortable with that amount or should it be more. He said he was comfortable with that amount. Other than that there really were no other points of discussion, so they did recommend to the Council adoption of the UDC amendments. As you will note from our notes that Dave Yorgesen from Capital Development did submit written testimony after the public hearing and so you have received that and as I understand it you have also received further written testimony with regards to tonight's consideration. So, with that I would turn it over to the applicant and let him provide you with the details of what's being proposed. And I would be happy to answer any questions in advance of that. De Weerd: Thank you, Pete. Any questions for Pete right now? Bird: Not right now. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Pete, the language in the proposal indicates that the surety amount -- performance surety shall not exceed -- shall not equal to not less than 125 percent of. By passage of -- and acting on this ordinance change we, in effect, have not had a debate on whether or not that's the right amount, do we want to proceed with that amount at this point in time? My suggestion, if we are just acting on an ordinance to make it possible to do this, that the language be changed that performance surety shall equal to and not more than -- or shall not be more than 125 percent. Friedman: Council Member Rountree, Members of the Council, Madam Mayor that would be fine. I think that's in keeping with the intent and I would rely on Mr. Nary's Meridian City Council June 21, 2011 Page 9 of 63 guidance on crafting the final language there, but, again, largely the outcome will be determined by your consideration and action on the next item. Rountree: Well, I say that because if we act on the ordinance and don't act on the other item, at least the ordinance is in place to establish the surety and what the limits would be if we proceed at some point in time in the future. Friedman: Okay. Rountree: This way it kind of locks in it. Friedman: Okay. Understood. De Weerd: Okay. Anything further from Council before I turn this over to Tom? Barry: And, Madam Mayor, because this particular agenda item is related to the next, I wanted to maybe offer as a suggestion, since both require public hearing, to suggest that the Council open both hearings, since the matters are related to one another and actually are dependent upon one another, if you should so feel that as appropriate. De Weerd: I think they are very compatible and probably tied, but as Councilman Rountree has pointed out, the UDC change does not necessarily assure the next item either. But it's testimony on the same type of discussion. So, I will go ahead and open Item 8-B for public comment on the ordinance proposed 11-1485. Barry: Thank you, Madam Mayor. We have been before the City Council several times on this issue, so I will try to keep this brief. However, I do want to be -- give the topic a little bit of background for those who may not have been a part of the process or been following it to -- with regard to where we are today. Let's see here. Okay. So, as you know owners or developers that wish to subdivide land for development purposes are required to meet minimum requirements prior to legally subdividing the land. To do this they can either construct the improvements on the land or post a surety for those improvements, known as a performance surety in this case, as a guarantee that they will eventually construct the required improvements. After construction the improvements must be warrantied. By far the majority of the city's sewer and sewer infrastructure is constructed by private developers contracting with private contractors, which upon completion that infrastructure is turned over to the city to own, operate, and maintain. In the past there has been no financial protection or assurance that the relinquished infrastructure would perform as designed or constructed after installation and transfer to the city. The absence of these protections have cost the city over 100,000 dollars in corrections within the last year alone. Warranty sureties and inspections are the best way for the city to insure that installation of water, sewer, and other infrastructure performs as designed and constructed after installation and with reasonable use. Liken it to owning a new car. Most new cars come with a three or a five year warranty and during that time of normal wear and tear you have peace of mind that your investment will still perform as expected. That's essentially what we are Meridian City Council June 21, 2011 Page 10 of 63 talking about here. We currently lack this peace of mind or protection and it has cost the city a lot of money and continues to threaten us financially into the future. In response to increased maintenance and operational costs the newly constructed infrastructure, which we have been tracking lately, the Public Works Department began conducting a warranty inspection in a little less than two years ago and began finding problems. Water and sewer installations has not met specifications as little as ten months after their initial installation. In light of two particular cases, with more likely to come, the department began reviewing its performance and warranty requirements for new construction and we found a couple of different things. Firstly we found that the Meridian -- the City of Meridian does not require the posting of a surety to cover the warranty period following completion of private construction projects, despite the fact that the project is conceived, designed, installed and otherwise led by the developer, who is the beneficiary of the improvements the developer is absent when required to fulfill any warranty obligations as our codes are currently written. Rather the developer has passed those responsibilities for warranty to his contractor, who is required to honor a one year warranty on behalf of the developer. There is no financial guarantee to cover the installation of those improvements during the warranty period and this creates several impacts for us at the city, impacts and complicates the building permitting process, as well as the certificate of occupancy process and impacts purchase and sale agreements with developers and their potential homeowners or builders. It creates legal and financial exposure for the city, as you know much of which we have dealt with in the very recent past. The other side of the coin is performance surety and upon our analysis in the department we found that the existing performance surety amount of 110 percent, which is the recommended amount per the UDC, is not adequate and so we are making a recommendation to modify that amount as well and we are also in our proposal asking for the bond option in both warranty sureties and for performance sureties be allowed in addition to the existing forms of surety, such as letters of credit, cash, or cash equivalents. Now, the initial surety working group was comprised of staff representing eight distinct divisions and four separate departments in the city and half a dozen industry specialists and subject matter experts in the finance, bonding, and insurance, and legal fields. This working group met on numerous occasions to talk about these issues and we also met with developers, the BCA, and the planning commission on this as well, in addition to meeting with you a few times. So, there were quite a few people involved. We have worked through these issues over a nine month period, having a total of 30 different meetings, 18 were internal meetings with staff, four were with industry specialists, three were additional industry specialists and developer stakeholders. Three with the City Council. One with the BCA. And, then, one with the Planning Commission. And so we have taken a lot of time on this particular issue and vetted as many of these issues and concerns out as we could. There were several key actions taken in our work. First we reviewed statutes and policies to determine the options available to us. We also evaluated the development projects that we currently had and those in the past to assess the level of exposure to the City of Meridian. We surveyed practices in regional cities and highway districts, that's referred as our benchmarking study. We formed across-functional team to address these situations and problems, evaluating both current and future conditions. We defined the surety process for the construction and non-construction scenarios. The process is outlined Meridian City Council June 21, 2011 Page 11 of 63 again in the packet that we provided for you tonight. We held communication sessions with Council members, engaged subject matter experts and held multiple focus group sessions, as I mentioned before, with the developing community. The benchmarking survey that I mentioned just 'a second ago is a survey that was conducted by our engineering division of 25 different entities, comprised of 19 regional cities, five highway districts, and one sewer district. Fourteen of those locations were in Idaho, three in Oregon, five in Washington, three in Utah. Twenty-one of those jurisdictions require warranty surety or bond ranging anywhere from ten to 50 percent of the actual construction cost. The regional average for warranty surety or bond is 34 percent. Ten of the jurisdictions require performance surety or bound in excess of 110 percent, ranging anywhere between 120 to 150 percent, with the regional average for performance sureties or bonds being around 127 percent and, then, their average warranty period regionally was about 1.2 years. So, our recommendation this evening is, essentially, to require the developers to secure a warranty surety in the amount of 20 percent of actual construction cost, extend the warranty period from one year to two years in length, add a warranty inspection at around the 20 month period into the warranty period. Increase the inspection fees to cover the warranty inspection costs and allow the following surety option, essentially all the options we have currently available under our surety program, with the addition of a bond. Under the performance side we'd like to increase the performance surety amount from 110 percent to 125 percent of the itemized contractor's bid and allow, again, the performance bond as a viable surety for our program. With that I would also propose that the Council consider favorably the position of the Planning Commission as they have recommended approval of the UDC changes that are necessary as one component to move this particular item forward. I want to talk briefly about change implications. Certainly we are talking about the first two. Currently we need to revise the Uniform Development Code, that's before you tonight, that's what we are talking about. As well as develop the new surety ordinance, which is before you as well under consideration this evening. Should we move forward on these items my recommendation would be to provide a three to four month period for implementation, should this move forward, to allow staff to get back with the developers and communicate the new intentions, revise our bid documents, create our development and surety agreements, revise our supplemental specifications to the ISPWC and revised independent contractor agreements, as well as our inspection fee schedule. That will take us a little bit of time to get through. While this particular proposal, as you know, is not necessarily widely supported by the developing community, there are benefits, nonetheless, to the developing community and there are also some requirements. The benefits to the developing community include the fact that the surety bond, if so chosen to be an option by a developer, is an unsecured resource, meaning that, essentially, it does not tie up or reduce the developer's source of funding, which allows the developer to use those freed funds to either construct the improvements on the site that are required or to acquire another property or start another project site, currently not something developers can do is leverage those funds, because they are either tied up in cash, surety under performance, or they are tied up under letters of credit. Also the surety bonds claim department, if a developer wanted to choose the option of a bond, would work to facilitate resolutions between not only the developer and the contractor, but any other problems that might occur during Meridian City Council June 21, 2011 Page 12 of 63 construction or after construction and would not merely just forfeit the owner or developer's security without working through those issues. Also there is increased protections provided to developers under this program, particularly when they want to go and buy a new property that is fairly young, as has been the case lately, we have got a lot of property shifting hands, because some property is not -- either not been completed or they have been completed, but abandoned or the banks have taken over them, there has been bankruptcies, so for developers to walk onto a project that has an existing guarantee in the form of a warranty surety, whether that surety be a bond, a letter of credit, a cash equivalent or something else, is actually a benefit to them and would have potentially helped in the case -- one of the two cases I mentioned to you earlier. So, a developer can walk onto a new project, as long as it's less than two years old, with this program and have no construction or completion encumbrances and, therefore, no delays in the issuance of building permits or C of O's, because the infrastructure would have been guaranteed by the previous developer. We can't overlook, of course, the benefits to the City of Meridian. Certainly there is peace of mind. Surety bonds provide prequalification, opportunities for the developer or owner through the underwriting process if bonds are to be used. Irrespective of how much the owner-developer may have spent to complete the improvements up to the time of default, the full amount of the bonds are available to the city to complete all the remaining work. Bonds also provide protection to the city against the contractor or developer in the case of defaults or bankruptcies and if there is a claim made, as I mentioned earlier, the benefits to the city is that the bond company will take the lead on resolving and managing the completion or correction of the improvements without staff having to get involved or spend resources and time administering contracts or doing any project management. So, it saves staff time and administration costs. Deficiencies and corrections also do not cost the taxpayers and rate payers, as has been the case at least recently. We also see this as an improvement to the quality and reliability of newly constructed infrastructure guaranteeing those improvements during that two year period and we also see this as a shifting of the risk and the cost of development back to the developing community. Therefore, supporting the growth pays for growth policy. Also we see it as a pretty important update to our antiquated development standards, which align the city with industry standards and best management practices for these kinds of programs and although it is fairly new, as the developers have mentioned, with regard -- and the bond agents as well, to being done in the state of Idaho, we certainly know that our neighboring states and states all around the country are well underway with decades of experience in these kinds of programs. So, in summary, Council asked for and staff conducted a review of the city's surety program and our recommendation to you tonight is also in the best interest of the city's taxpayers and rate payers. While there area some minimal costs to the developing community, I believe that this recommendation best corrects our current infrastructure challenges and appropriately shifts both the risk and the cost of development away from our existing citizens and back to the developing community. With that I will entertain any questions that you might have before we turn it over for public comment. De Weerd: Thank you, Tom. Council, any questions? Meridian City Council June 21, 2011 Page 13 of 63 Bird: I will wait. De Weerd: Okay. Rountree: I have some, but I will wait. De Weerd: Thank you, Tom. Barry: Thank you. De Weerd: Okay. At this time I would like to open it up to the public, anyone seeking to provide public comment on this item, I would invite you forward at this time. Council, you did get some public comment since our last -- since last week. You should have received a letter from Brighton Corporation today in your packet. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: If there is going to be no further testimony, I have some questions for Tom. Tom, with respect to Item 8-A, I indicated my preference for a language change as it related to the surety bond or -- yeah, the surety bond not to exceed 125 percent, as opposed to having it be 125 percent or whatever it might be beyond that. So, is that an issue? Barry: No, sir. I appreciate you allowing me an opportunity to comment on it. It is not an issue. I would say our recommendation to the Council would be to -- for it to be 125 percent, no greater, no less than. We do not want to get in a situation where we are having to decide on an amount less than 125 percent on aproject-by-project basis and, therefore, would just rather have it be a set amount that doesn't put us in a situation were we are having to make those decisions. I'm not sure how we would -- could really defend those. So, that's not a problem for other us. Rountree: There has been input on this particular item and there is one stakeholder that has indicated their involvement in -- in this effort and a couple have indicated that they are comfortable with what's going on. One in particular feels, however, that through the process towards the end was left out and unheard and still indicates that there might be some other options to explore. I believe one of them that he was pursuing was that the builder's warranty on the behalf of the -- or the contractor's warranty on behalf of the city, that was bought up the last time we talked about and staff's basically said no, but, again, we hear from folks on the outside that, yeah, that -- that can happen and we have your bond experts here this evening and, gosh, she's made several trips out here and we haven't heard from her, so maybe -- maybe we could hear from her tonight on that particular topic, because it seems to me that that's the rub and -- and if there are other potentials -- I know there is down sides to all of these, but the -- my concern is -- and I believe it was expressed by David in his most Meridian City Council June 21, 2011 Page 14 of 63 recent letter, is that Meridian used to be kind of a difficult place to do business and we have fought long and hard and staff has done great jobs in changing ordinances and taking strides to make us very customer friendly and I don't want to digress or move away from that position if we can. So, I want to explore this stuff to the nth degree before we make a final decision. So, I just have that question on that particular item. And, then, my final question is we have -- you have explained why you want a two year warranty period and I understand that. You know, in some cases that might not be enough. In some cases one year might be sufficient. But it always seems to boil down that we need to have somewhat of a life cycle gone through on the system to see what it is and to me that language is upon completion of the project and receipt by the city that the project has to cycle through one full year of seasonal cycle, as opposed to a calendar year, which doesn't make sense, or, obviously, two years does that, but, you know, after 18 months is it really required. Do you gain that much. You might, but that's an additional cost to the -- in this case it would be additional cost to ultimately the developer, because he's going to be paying the builder to get those warranties. So, anyway, those are my three areas of concern. Barry: Thank you, Councilman Rountree, and, I agree, I would like to invite Stephanie Barnes, if you allow that. It sounds like you're amenable to that. To address some of the developer's concerns as it relates to the contractual relationships and the workings of these bonds. I have a number of slides -- I appreciated you saying you would want to explore that to the nth degree. I'm prepared to do that tonight, but I'm not sure you're going to like the outcome with regard to time. But I'm certainly willing to do that. Suffice it to say I think Ms. Barnes, representing All American Insurance, who has been an instrumental resource for us on this, may have a more straight forward and easily understood answer. So, without further adieu if Ms. Barnes would join us,totakelthose question to her and if there are any additional follow-ups to that I'm happy on. De Weerd: Okay. Stephanie. Barnes: Madam Mayor, Council. Yes, we actually have -- De Weerd: If you will -- if you will state your name for the record. Barnes: Stephanie Barnes. All American Insurance here in Meridian. De Weerd: Thank you. Barnes: We did investigate the opportunity for the contractor to post a bond to the city. That is not impossible. That can happen. We did also talk to bond brokers, bond underwriters, the professional liability company for the City of Meridian, and the majority said -- well, all of them actually said that they have never seen it done. They have heard of assignment letters that have been done with some problems that have happened with like dual obligee situations, things like that. There is a couple of different things that come into play. For the contractor to post the warranty bond it would have to Meridian Cily Council June 21, 2011 Page 15 of 63 be agreed to up front. The financial aspects for that contractor at the time are looked at and reviewed and the underwriter for the company say, okay, at this time I can say that we would be willing to post a warranty bond come time that the job is complete. That's not to say that they will be eligible by the time the subdivision is complete, which, you know, can take many years. So, you can run into problems there. The other thing is because the city does not have a contract that, contractor, you have to develop that yourself and that is something the professional liability carrier's legal counsel suggests that you not do, trying to build a relationship that doesn't exist and, then, trying to build the protections into that that's going to cover the city and I think Bill actually might have even spoken with the legal counsel for that. There is just so many reasons why they recommended you don't do it. Yes, it is possible, with the larger contractors that have the financial adequacy to post the bond, but it's not recommended by most of the resources that I went to and Mr. Turnbull did actually go to one of the resources we had on the board -- or on the focus group, sorry, and I did talk with him again today and he did again mention his concerns about it. He said, yes, it is possible, but he's not seen it done and he's been unable to find sample bonds or sample contracts that have been drawn up for that to happen. Rountree: Thank you. Barnes: Other questions? Bird: Madam Mayor, can I ask Stephanie a question? De Weerd: Yes. Put the microphone closer to you. Bird: Stephanie, on the bonding agents, they can't issue an additional insured like is issued all the time. You know, you issue -- if you're doing a job you issue it to the -- to the owner, who will be the city, it's going to be the owner and I have checked with two of them and they said that while is not the -- the biggest problem might be a two year, but you can have one year with a renewable. But it's like any other bond. If somebody's financially not stable aren't going to get the bond to start with. So, I don't see where if you get an additional assured to the city, who will be the owner in the long run, why that --why that can't happen. Barnes: An additional insured is a different type of insurance that you're talking about. It's not bonding. Additional insured is something that you have on the liability side, the general liability that's not going to cover a contractor's work performance. That is something that's specifically excluded under their liability policy. So, it's not going to cover their work and that's what you're trying to do by doing the bond is trying to do that. Bird: And I misquoted what it was. Barnes: Okay. Meridian City Council June 21,2011 Page 16 of 63 Bird: But we could be -- the city as an owner could be listed on the bond the same as the general -- or the developer who is doing it, as I understand from two bond sources that I talk to. Barnes: Right. If there is a contract drawn up between the contractor and the city, that's what you bond on. There has to be some kind of an agreement that the bond actually rides on and follows that performance or that warranty. So, yes, it can be done. Like I said, it's just not recommended. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: Stephanie, thank you for trying to clarify this. It's alittle -- it's complicated and convoluted. If -- you said if it's -- it is possible, but it's rarely done. Who makes that determination whether or not they are going to do that? Is that the bonding company? Barnes: The underwriter for the bonding company makes that determination. They look at the contract, decide if it's something that's feasible, something that they can perform on if something happens and, then, looks at all of the underwriting criteria for the contractor and, then, makes that decision. And, like I said, they want to look at it in advance of the job happening, but, then, they are going to also look at it again when it's time to post the bond. Hoaglun: So, Madam Mayor, to follow up on that, we could put this in our ordinance, say this is another avenue, but it's up to the company to make that determination when that developer comes and says this is how I want to do it, they may say, no, we are not going to do it that way, you need to find another vehicle. And, then, Ihave -- the follow- up question, then, some of these developments are large and they are done in phases, just because it takes several years to complete them. As those different phases are completed do they look at the complete project or can they do that in the phases that they are being worked on? Barnes: It depends on how the contract is written. Like I said, the bond follows that contract. So, yes, there can be different phases. That's another issue that you brought up that there could be multiple contractors that you would be trying to get bonds from, too, and, then, the city has to, of course, administer that and track all of that and keep track of those bonds for those contractors. Hoaglun: Okay. Thank you. De Weerd: Mr. Zaremba. Zaremba: Madam Mayor, just about -- a question about cost to the contractors. When the underwriter looks at it and decides is this good or not good or something, is there a range of cost -- I mean if they think somebody has a real good solid history and they Meridian City Council June 21, 2011 Page 17 of 63 perform every time, do they charge them less for a bond than somebody they don't know anything about or who has had some problems? Barnes: That is true. Yes, there is a range of the bond premium and it can range from 1.75 percent on up to five percent on what they -- Zaremba: And that developer's history -- Barnes: And they could require letters of credit be put aside for the bond, things of that nature, depending on their financial -- Zaremba: Thank you. De Weerd: Anything further for Stephanie? Bird: No. Thank you. Barnes: Thank you. Zaremba: Thank you for coming. Several times. Barry: So, I guess I would ask the Council if you wanted any additional information other than what's been shared. I have quite a few other pieces of information we have worked with other resources on with regard to answering those questions that have been asked. If you feel you need additional information I'm happy to share that at this point. If you don't feel like you need that information I'm happy to leave it as it is and move to Mr. Rountree's third question. Rountree: I have got a question, but it's not coming out, so go ahead Barry: Okay. Bird: Madam Mayor? De Weerd: It's not formed yet. Yes, Mr. Bird. Rountree: It's not formed yet. Bird: Tom, run me through -- when developer A is putting in the utilities and stuff, who is out there doing the inspection, making sure that they are put in the ground at the right level, the right way, the joints are put together right, they are using the right pipe and all that? Who is responsible for that? Barry: Well, the IFPWC says that the contractor's responsible for installing the infrastructure and meeting the specifications. Now, the city does have an inspection division that does send inspectors out to projects to inspect as well. Those inspections Meridian Cily Council June 21, 2011 Page 18 of 63 are on behalf of the city and are not representative or intended to be directional with regard to the developer. However, that's oftentimes how they come out, simply because if there is something that doesn't meet specification we will make that -- that contractor aware and, then, they generally end up fixing that, so -- but the ultimate responsibility as it's identified in ISPWC rests with -- and generally with our own contracts rests with the contractor doing installation. They are required to meet those specifications. De Weerd: Tom, I guess my question -- and I will say for the record Mr. Turnbull did call our office, wanted to talk about this process. I said I couldn't talk about the content, but he sent his letter. So, that sufficed on that. Certainly he felt this process hasn't been as other processes, it's -- we have invited them to the table, but he didn't believe the communication was good. But that aside, the question that I got after reading his letter and seeing the other comments, you have -- you held a lot of meetings and you sought to comment. My -- what -- what is this a result of? If it was a result of a recent incident that also happens to be the person who is most opposed to this, he doesn't feel that it would have protected him in that regard. Is there more than just that one experience? Is this a knee jerk reaction or is -- is this a needed improvement? Do we see this happening often that we haven't had the tools to recapture losses? Can you give a little background on that? Barry: Yes, Madam Mayor. The -- the first question -- you asked several. The first question, if I remember them all, was in reference to do we expect this to happen a lot and our -- we don't expect it to happen a lot, we don't want it to happen a lot, but it's a matter of risk management and as I mentioned before to you, it's how much insurance -- how much life insurance do you want and when do you get it and what kind of terms and conditions do you want, depending upon your health, depending upon your age, and those kinds of things. One of the problems that we have had in Public Works in -- and you can draw any conclusion you want and I'm not asking for you to, but we simply have not done warranty inspections in the past. So, I think it would be misplaced of us or misguided of us to suggest that this is an isolated incident based upon recent events, i.e., the economic times, because, in reality, in my particular opinion, because we started these warranty inspections 18 to 24 months ago and we have already got two projects in a time period where there is not a lot of development going on, the first project cost us 114,000 dollars to fix. This next project looks like it's going to cost us around 90,000 dollars to fix --suggests to me that two in a year's time is a big deal and I can't tell you if we are going to have ten in the next year or one in the next year or zero, but the idea here is that we -- we -- if the city is going to take the ownership of these -- of this work and the materials and those sorts of certain things, we want to make sure when we take it on we don't take on the financial liabilities that come with that due to either poor installation or design or any of these sorts of things. So, we are trying to protect ourselves and our citizens from having to spend or pay twice, if you will, for these improvements, when if we had a very modest program like we are talking about, that puts in place warranty requirements that are, you know, again, pretty -- there is a cost, but they are pretty low cost. We talked last week about those costs being -- averaging about 25 to 30 dollars per lot for two years worth of coverage if you're Meridian Cily Council June 21, 2011 Page 19 of 63 seeking just a warranty bond. And, again, just as a quick aside, the bonds are not required. It's one vehicle. You can put a letter of credit, cash, any of those things as well. But the idea here is that we don't want to get stuck, as we have been in the past and it looks like we are going to be here in the very near future, having to pay for infrastructure that's brand new. I mean I send my water and wastewater guys -- particularly my wastewater guys out and they come back complaining that they can't even get the fetter through the line, because the line's got problems and we say, well, how old is the infrastructure. Well, you know, it was constructed, you know, a year and a half, two years ago, whatever the time frame, and we just shake our head that we have to go back and dig it up and redo it. I mean it's not fair, we don't think, in Public Works for our rate payers and taxpayers to have to pay for that reconstruction on brand new infrastructure. So, we are trying to propose improvements to that. Again, it's a matter of risk. I can't tell you how frequently these problems might happen. We are just trying to put in place the assurances and the financial guarantees for when it happens and you're dealing with one of these problems right now in the building that we are sitting in for many of the very reasons we are talking about trying to put protection in for these water and sewer infrastructure projects. Those same protections could have been a benefit as it relates to this building. So you will hear more about that later this evening. I know you have it on your agenda. But that's what we are trying to protect against. We are trying to protect the citizens, we are trying to protect our department from impacts that are caused by development. Mr. Turnbull I will say is -- has been an important and very strong partner in the -- with the city for years and years and we very much appreciate his involvement, as well as his out-of-the-box thinking. And believe me when I say I, more than anyone, wanted to find awin-win situation that would protect the city, protect the developer, be no cost, but there is not that. We have to make a decision here as to whether we want to do anything and if we do something there is going to be an impact and the impact is going to be felt one way or the other. We feel that many of Mr. Turnbull's ideas -- and the biggest idea was this one that he mentioned in his letter and testified last week on, which is in relation to the contract relationship between either the developer, i.e., the bond relationship between the developer and the city, or the contractor and the city, is something of -- something we should explore more and after nine months of exploring that all the different folks that we have explored it and getting the same answer from all of these different industry experts and researching notjust legal counsel's opinions with regard to ICRMP, but also the International Risk Management Institute, everybody says the same thing. It's not advisable and in some cases they said it could violate state and Constitutional provisions and I'd rather not go there either. I think it would be beneficial -- and I'm really saddened that Mr. Turnbull is not here, because I wanted him to hear this as well, but I do have information with regard to many challenges associated with this relationship he's trying to propose and the problem here is that, quite frankly, as a Public Works director I could care less where the bond comes from. I mean, honestly, I have no preconceived notions or desires that it come from one person or another. The problem is the obstacles with doing what he suggested are so great and the risk is so great and the potential for being a co-obligee and getting wrapped in to legal problems and getting wrapped into lawsuits and all of those other risks, quite frankly, to me in my personal opinion, are far greater than if we just do nothing at all. And I think that would Meridian City Council June 21,2011 Page 20 of 63 be sad to do nothing at all. But, like I said, depending upon how thorough an explanation you want on those subjects, I'm prepared to give that tonight, but as you know this is complicated subject matter and could take a little time getting through it, which I'm happy to dedicate to you. But, like I say, Mr. Turnbull is -- I really appreciate his comments and his challenging of the staff. It's been healthy for us, it's been important in the process. I'm sad that we haven't been able to achieve what he was after. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Tom, a couple of things. The first thing -- and I -- and it really frustrates me when we have not only one, but two that sit in on the committee that feels that the train had already left the station and I -- I -- it's hard to believe, but, you know, these people have -- have put out a lot of time in out of their busy days to go and when they get that feeling it's -- it's kind of sad in my -- in my opinion. Maybe -- maybe we need to do more on site inspection up front to save costs on the backside. I mean I realize we can't see every two-by-four that gets shoved down in the manhole into it, but if our inspectors are out there looking at the joints and stuff like that, it's like -- it's like your building inspectors, you know, they are to make sure that they are -- whatever is in there is made -- put in to code. Save and to code. And if we are going to take something over and we are going to own it, which very few sewer projects or water projects within our city limits that we shouldn't own or, you know, in the end, we should be very involved in the inspection as they are put in. That is my opinion. Barry: I appreciates your comments, Mr. Bird. I did want to add the two -- the two sort of case studies, if you will, that I have mentioned tonight. Both were inspected by staff, both were television cameraed and both passed the initial inspection. The problems came after the inspection. I don't know if our engineering manager Mr. Stewart wants to add anything, but I just wanted to point that out. We are not dealing, in those two cases at least, with an improper or poorly done inspection. We run cameras down the sewer line when it's initially constructed and we get those systems that pass and, then, we run the camera down ten months later and they don't pass and I can't tell you what's causing those problems, all I can tell you is that it does not meet specifications and is -- is aproblem for us in Public Works. Bird: Follow up, Madam Mayor. De Weerd: Uh-huh. Bird: Tom, you're saying the cameras -- what is the problem? Are they -- are they swaying or what's happening? Stewart: Madam Mayor, Members of the Council, Councilman Bird, the most common thing that occurs is, you know, they put a pipe in the ground, they put the bedding in Meridian Cify Council June 21, 2011 Page 21 of 63 underneath it and they do -- our specifications require compaction testing every so many hundred feet along that line to verify compaction and, you know, when it's initially put in everything is pristine and in good condition. Sometimes we have had -- in one particular situation we know, in fact, that there was an irrigation line that broke at some point after we had done our inspections, but before the asphalt was placed and that there is a good chance that that saturated that zone and that perhaps that caused subsidence in the -- or bellies to occur in that line. It also happens -- you know, we really can't go out and compaction test every lineal foot of that trench to determine whether every foot of it is compacted and some of those things you just don't know, they have to be in service for awhile before they settle enough to really show up as -- as deficiencies for the specification. So, when you go in there for the initial cameraing it looks fine. But after 12 months of service and going through the freeze and thaw cycle and so forth, you will see bellies in that line that were not apparent. Bird: Madam Mayor? Warren, how often -- how far apart are we testing? Or are they supposed to be tested? Excuse me. Stewart: I wouldn't be able to tell you that off the top of my head. I believe it's about a hundred -- 125 feet, if I recall. Bird: You know, in concrete you have tests for it every -- but you don't -- it's -- it's just to pour it, it's not in every square foot of the building and if you compact it -- and I understand you can have a water line break or something and I'm sure Councilman Rountree has had this happen on road projects before when the based has been saturated or something. But I -- I just wondered who gets the tests from all these tests? Are they actually testing them or are they just going down there and looking at them and saying, yeah, they are being -- they are packed down enough? Stewart: You know, there are -- they are supposed to submit tests. They are actually a testing company that goes out with a new geometer and does testing. I don't -- but it's just at a periodic interval. Bird: But who gets the results? Stewart: Well, if it's a project that we are doing we would get the results. If it's an ACRD project, ACHD gets those results, but I think we can get those from ACHD and I think we do on most occasions. Bird: Well, I mean we are talking about -- there is a lot of times we are putting in utilities that don't have anything to do with --with ACHD's roadway. Stewart: Right. Bird: We are out of that. So, we should have those -- we should -- as being the owner -- or soon to be owner, we should have those on file from the testing. Meridian Cily Council June 21, 2011 Page 22 of 63 Stewart: Correct. Bird: Okay. Thank you very much. De Weerd: Anything further from Council -- Bird: I have none. De Weerd: -- on this? Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: Question for Tom. One of the issues that the developer wrote about was the performance bid increase to 125 percent and you saw an example some cities it's 110 percent, some it's 125 percent. Probably need to explain why -- why it's not just 100 percent, which I think I understand, but why 125 versus 110? Barry: Thank you, Mr. Hoaglun, for your question. I want to -- crank this thing up again. I have a slide that speaks to that. Okay. Here it is. This is Exhibit C in your -- in your packet this evening. On the left hand -- two columns here. Generally on the left-hand side is the column that describes the basis for the 20 percent warranty surety and that you -- if you will allow me I will walk through that. The rework amount -- meaning -- what we did is based on some projects that we had experience with, both public projects that we have managed ourselves and both private projects we have had problems on, we have, essentially, estimated that about -- of an entire project 15 percent of that may have problems. Okay? Some of those problems might be minor, some of those problems might be major. I mean every project is totally different. It depends on a lot of circumstances, i.e., the site conditions, the contractor -- I mean you could go on and on. But, essentially, we had to come up with -- based upon our experience what we felt was reasonable and as you have mentioned to us in the past, these numbers might be too low, but we want to start it -- we wanted to start low intentionally. We think that from a risk standpoint these numbers make sense, however. But we said of an entire project maybe 15 percent of that might need some rework, might have warranty problems associated with it. And, then, we said, okay, if 15 percent of that project does require some sort of rework, how would we go about doing it and what would the cost be. So, what we have are called add-ons. That's that next little section there. It says add-ons. So, we said, okay, there are some variables that will impact the cost of the correction or the rework and we have listed those out here. Economic or inflationary costs --who is running this? Did I do that? Okay. Here we go. I didn't know that was touch screen. So, economic or inflationary costs, we said there can be variability in bids, right, for work. We have seen variability in the last three years be pretty darn big. We said kind of, all right, on a normal year what would we expect, on a year-by-year basis. Maybe five percent or so, based upon what we have studied on our own projects. We said also project management, we looked at the costs and the Meridian City Council June 21, 2011 Page 23 of 63 time it takes us to manage projects, which is about 15 percent of the total project cost. So, that is an additional add on. We also looked at the restoration, that is other things that go beyond the actual problem itself or if it's restoration, curb and gutter, sidewalk, you know, trees, landscaping, -those things -- restoration related, that's a cost. And, then, we looked at construction contingency. This is sort of one of those things that says who knows what's going to happen when you uncover the earth. Maybe the problem is bigger than you thought. Maybe there is additional problems or a different cause, so on and so forth. So, we came up with a ten percent construction contingency, which, quite frankly, I would have rather seen it 20 percent, but to start out I think ten percent is probably reasonable. So, then, we have our formula underneath that we take the rework amount of 15 percent and we take of that 15 percent, whatever that cost is, five percent of the inflationary economic variable and, then, 15 for project management and so on. So, the example down below says, okay, if you have got a million dollar project, okay, that million dollars would be about 200,000 dollars worth of warranty coverage that you would need and we have identified how we have come up to that. The rework amount is 150,000, because, essentially, that's that rework amount of 15 percent. And, then, we took of that 150,000, five percent for economic inflation, which is very modest, at 7.4 -- seven thousand five hundred dollars. Project management is 22,500. Restoration 22,500 again, because those are 15 percentile of the rework amount. Construction contingency 15,000 dollars, because that's ten percent. And, then, so the total surety cost would equate to 202,500 dollars and we said, you know, we are not going to argue about pennies and stuff, so we are going to round it down to 20 percent and that's how we came up with the number for warranty surety. We applied the same methodology for the basis of the performance surety and that's where we came up with the 125 percent. So, that's what we have to offer you. We are basing that on our experience, both managing projects ourselves and also looking at private projects that have come our way as well. Hoaglun: One other question, Madam Mayor. Tom, we heard from Stephanie earlier about it's possible that contractors post bonds to the city, but it's highly unlikely that they will do it and the decision is made by the bonding company and those folks. Thoughts on allow -- having that in the ordinance that it's allowed, knowing that the chances a bonding company doing that are slim to none. But -- and does it -- what does it impact your department if a developer were able to get one? Barry: Okay. I'm grateful for the question and I'm going to jump off, as I have threatened to do a couple times tonight, and address those particular issues and talk about the contractual relationship and I'll ask Stephanie to either correct me -- but we have both talked about these in the past -- or offer additional insights on this. This idea -- and it's -- it's fairly straight forward when you understand how bonds work, but, essentially, what we are asking in this proposal is that the developer be responsible, if they so desire, to choose a bond as the surety vehicle, we are saying they should be the one that posts the bond with the city as beneficiary, okay, instead of the contractor posting the bond, which is what the developer in question would like to see happen. And this is -- I have developed three areas for why this would not be advisable and some of them do brush up against the legalities and Mr. Nary may offer additional Meridian City Council June 21, 2011 Page 24 of 63 information as we go through it. But suffice it to say that, essentially, if you look at the contractor's perspective if they were forced to have to get the bond, that is bad for them for the following reasons: The risk and the liability would be higher for the contractor than would otherwise be required of them and I will quote to you the International Risk Management Institute's response on this. They said if the general contractor posts the improvement bonds in favor of the public agency, the general contractor is obligated to complete improvements and to pay for all of those improvements, irrespective of whether the developer paid him. So, that's a problem, because if the developer decides I don't want to pay you anymore, I don't like you anymore, walks away, that contractor is responsible, because they hold the bond for finishing those improvements. That's a big problem for contractors. So, there is additional costs and administration and regulation for the contractor, because the contractor would be required under that scenario to enter a contract with the city, who they have no obligation to enter a contract with at all. So, we would, essentially, be forcing the contractor, without a contract of any kind, we would be forcing them into a contract with us, which Mr. Nary commented last week might be virtually impossible. Now, maybe a developer could have in their contract you have to enter into an agreement with the city, but we don't want to police those third- party agreements and assure the language is in there. Additionally, the contractor would be required to administer and likely pay for the bond, we think that's not the contractor's responsibility. If the developer wants a bond from the contractor, they would get their own bond, but the city wants a different kind of bond to guarantee the overall work. Additionally, the contractor may take on more responsibility than they own and here is -- here is kind of the problem. If you get into contractor confusion -- let's take a private development. Okay? Let's take a -- a Paramount Subdivision. All right? Huge subdivision. Hundreds and hundreds of lots. Lots of infrastructure. Lots of contractors. Lots of subcontractors. Now you get this situation where each of those contractors and likely subcontractors -- because the contractors will do what the developers want you to -- want you to do right now and that is pass that obligation to their subcontractors. Now, the city has to administer all of these third-party agreements with all of these different contractors and figure out who is responsible, what's the amount, where are we going to get the dollars, and there is a failure, guess what happens? Whose fault is it? Did your contractor cause my contractor problems? Did your installation impact my -- we got water and sewer lines crossing all over the city. We have got all sorts of different scenarios that can come up where under this -- under this suggestion we would have to referee every single scenario and every single third- party contract, which I don't think is something that the city wants to do and would definitely impact our staff workloads and administration costs. Also, the contractor's bonding capacity would be impacted, because they would be bonding for something that they shouldn't have to bond for. They can bond with the developer. That commonly happens. But those bonds are different. Those are get-the-work-done bonds, okay? We call them performance bonds, they take on a little bit different -- and that's what makes this whole subject matter a little bit complex, but a little bit different kind of bond than the one it is that we are after. Additionally, if the contractor were obligated to provide the bond to the city, contractors could unfairly be disqualified -- good contractors, for that matter, could be unfairly disqualified by the underwriting process whereby a bond company in southern California says, you know, I don't know Meridian City Council June 21, 2011 Page 25 of 63 this little contractor -- they could be a great contractor and I don't know them, they don't have enough history with us or whatever, so we are going to say, no, we are not going to bond you and now the developer says, well, you can't get it, I'm going to go to somebody else, even though that contractor might be a suitable contractor. For those reasons -- and there is more -- essentially it's bad for the contractors. Now, let's talk about developers. Why is it bad for the developers, because I don't think there has been given enough consideration to this. First of all, the risk and the flexibility concerns impact to the developer and what I mean by that is that if the contractor-developer relationship deteriorates -- okay? So, imagine, for instance, a scenario where the contractor has posted the bond with the city and the developer is kind of directing the work, okay, if the -- if the developer says, you know, I don't like what you're doing, I don't like how fast you're doing it, I don't like that you're not following my direction or what -- if that relationship between the contractor and the developer deteriorates and the developer says I don't want you on the project site anymore, get off, I'm going to get a different contractor, now we have got a -- a three-party agreement that has to be negotiated whereby this particular contractor, if this was even allowed, is in an agreement with the city, who is financially and legally obligated to finish that work, that the developer no longer wants to have done. So, what do you do in that situation? I mean you can see this thing has hair all over it. And we have investigated these time and time and time again. It's bad for the city also, because the developer is a regulated entity and the developer has the contract and the permits with the city to do the work. The developer retains full control over their contractor. The city does not get to choose the contractor, it doesn't get to influence that -- it shouldn't influence that, because that could be an interference issue and we have had threats like that in the past, as you are well aware of. Also, the city does not and cannot select or hire the developer's contractors or subcontractors, again, nor do we want to. Idaho state statute also only allows the city to place the development requirements on the developer and not the contractor. So, we can't place any requirements on the contractor under the Idaho state constitution -- or statute I should say. And that's a big deal, because we are having to have to do that if we are going to let this thing go the way it's being proposed by the developers. Also, the developer is the best risk rewards stakeholder and the developer is the appropriate, therefore, bond principal. So, for all of these reasons -- and don't take my word for it, I mean we talked with a lot of people about this. The city's private insurance agent, the Idaho county's risk management program and their attorneys. We have talked to the International Risk -- or not talked to, but we got information from the International Risk Management Institute that says the same thing. All bonding and industry specialist representatives that we talked to have said don't do it. So, as well all the staff who have worked on this project and are well familiar with it have said the same thing. So, could it be done? You know, how much risk do you want to take on and who wants to fight through the legal issues and who wants to check every time we have an agreement if it violates state statute. I certainly don't want to do that and I don't know that we have the resources to do that either. So, appreciate you bearing with me. There is a lot of reasons not to do it. And, again, to Mr. Turnbull I would say he doesn't have to get the bond anyways. He could post a letter of credit or cash or something else that is currently accepted and we would take that. So, we are not requiring him or Meridian City Council June 21, 2011 Page 26 of 63 any other contractor to get a bond. It's an option. So, with that I will pause for any additional questions. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Just acomment -- and this is to repeat something that Mrs. Barnes touched on that I think would make it a bad idea for the city to pursue this idea and that is the unlikelihood that the contractor would get a bond for more than a year and, then, at the end of the year it might be subject to renewal, but the renewal could be no from the underwriter. And I can see the reason for that. The contractor comes in, does some work and leaves. The developer owns the property, theoretically, and that to an underwriter probably is much more secure than somebody who doesn't leave anything behind that could be captured. So, I can understand why underwriters and bonds would say to a contractor, okay, I will do this for a year and maybe renew it, would be able to say to a developer I can do it for two years for you. And Ithink -- I think the city needs that. It's just too risky to deal with the contractor and take the risk that it might not be a two year bond, even though that's what we require. Am I getting that right? Barry: Councilman Zaremba, I appreciate your comment. I did want to make sure that we are factual in our dialogue here and we would be requiring, regardless of who gets the bond, for it to be a two year period. So, on the performance side if a developer was going to get a performance bond, that performance bond would require a two year warranty period, so it would be no option for, you know, only one year and, then, renew the next. We wanted to avoid that risk all together. The same thing is true in the warranty side, it will be a two year premium, a two year bond, if they so choose that bond option. So, your scenario, actually, is not a risk in our current proposal, because we are proposing a two year period and nothing short of that for warranty. De Weerd: Council, I don't want to rush on this. We do have a public hearing after it and I suspect that's why most of the people are here, outside of staff and Stephanie. So, I know -- I know it's a very complex subject and I don't want to diminish all the time that staff has put into this if you continue -- if you need further information or questions. So, I would put it out there. I don't want to limit the questions or the information that staff has to provide, but I do want to be sensitive to those that are -- are staying awake, but -- Zaremba: Madam Mayor? De Weerd: I know they are riveted on this particular topic. Yes, Mr. Zaremba. Zaremba: To pick up on your suggestion, what if we continued the public hearing until after Item D, as opposed to continuing it to another night? De Weerd: I would be open to any suggestion. Meridian City Council June 21, 2011 Page 27 of 63 Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I don't believe the rub's with the public hearing on the Unified Development Code. I haven't any problem, as long as we can change the language about the125 percent. We just have acomment -- public comment period on Item 8-B. That's not a public hearing on the ordinance at this point in time. I assume that that will have a public hearing advertised at a future date. Nary: Madam Mayor, Members of the Council, Council Member Rountree, you're not required to take any public testimony on an ordinance. Rountree: On that ordinance. Nary: Though we did list it as a public comment opportunity and if we -- and this is, really, a first reading. You can continue the first reading to take additional comment and that's not a problem. You can continue tonight or to another week. Rountree: I would suggest we take action on the first item and continue the second. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I agree with Councilman Rountree, I'd hope you will close 8-A and we take action on it and 8-B is -- as also as far as I'm concerned we can continue it for -- until we get some things straightened out. I have still got questions to get answered before I'm ready to vote on any ordinance. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Madam Mayor, Members of the Council, you can close A and continue it, but there is no need to take action, because if you don't do B you don't need A. So, approving A to go forward -- and you folks have already stated the intent of A is not to approve it and essentially set that in stone for B. Rountree: Right. Nary: So, you can close the hearing, so you don't need to take additional comment on the zoning regulation and, then, continue it to whenever you want to discuss Item B at a future meeting. Meridian City Council June 21, 2011 Page 28 of 63 Bird: Madam Mayor? De Weerd: And, Mr. Nary, that would be because B would dictate what is needed on A. Nary: Correct. De Weerd: So, further public comment would not be needed then? Nary: Further public comment wouldn't be needed on the zoning ordinance. De Weerd: Okay. Nary: Just on whether or not B would be something the Council would approve. De Weerd: Just wanted to make sure that people were clear. Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: Bill, for my clarification I thought the UDC change -- all we were doing was changing from 110 to 125 -- or as Councilman Rountree said, up to 125 or something. I didn't realize we -- and I -- and this is my fault for not, I guess, reading word for word, but I thought that was the change we were doing in the -- in the deal. I didn't realize we was doing the two year warranty and all that stuff. Nary: Madam Mayor, Members of the Council, Council Member Bird -- but you wouldn't -- if you're comfortable with 125 percent, that's also part of B and that's what I guess is -- from your discussion I thought there was still some discussion on whether that 125 percent was what you were comfortable with. De Weerd: Because the proposed language is -- shall be equal to, not less than 125 percent of the cost. That's the proposed language we are considering. Barry: Madam Mayor, if I may, there is also language changes in there with regard to the warranty surety and period. So, they are, again, both intricately involved and I concur with Mr. Nary's advice that you may want to consider both together later and not take action on the UDC changes without considering both together, because the one impacts the other. De Weerd: So, Council, I guess we can continue this after Item 8-C or we can set it to another Council date, whatever your preference would be. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Meridian City Council June 21, 2011 Page 29 of 63 Zaremba: I guess I'm not sure what we are unclear about. Are we discussing whether 125 is the right amount and whether two years is the right amount? We have had those discussions. What is it that we are not making a decision on? De Weerd: Councilman Bird mentioned he still had a couple of questions that needed further clarity. We don't have anything really set for July 5th, if -- if that's -- in looking at our City Council agendas. Next week also looks light. We have -- so -- Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we table -- no. Continue Items 8-A and 8-B until June 28th. Bird: Second. De Weerd: I have a motion and a second to continue Items 8-A and 8-B. Zaremba: Madam Mayor? De Weerd: Yes. Zaremba: Discussion? De Weerd: Well -- Zaremba: Is there anything that staff should be working on during that time? De Weerd: This is -- well, let's see how this passes and, then, ask for clarity. Okay. I have a motion to continue these two items. All those in favor say aye. Any opposed? MOTION CARRIED: ALL AYES. De Weerd: And I think it would be helpful for staff to -- to get some direction on what would you like specifically discussed at our next meeting. If you can provide that. Rountree: Madam Mayor, I just need some more time to think about what I have heard again and what I'm reading now and, hopefully, that question that keeps running through my mind and isn't formulated yet will get formulated. De Weerd: Tom, it might be helpful to get hard copies of your PowerPoint and the additional slides that you -- I don't know how many of the additional slides you used, but if you can print those off for City Council in hard copy, that might be helpful. Any other comments or suggestions? Meridian City Council June 21, 2011 Page 30 of 63 Bird: Madam Mayor, I'm kind of like Councilman Rountree, Ijust -- I have got to do some thinking and I want to do some more checking with some outside sources. De Weerd: Okay. So, if you will print that off I think that will be very helpful, Tom. Barry: I would be happy to do that. It's an important issue and I appreciate the Council's consideration. We will take as long as you need and be happy to do so. So, I will get that in your boxes hopefully in the next day or so and, then, we can continue the conversation. De Weerd: I see it won't take as long as you took to get to this point, so, you know, I think in looking at the history of your meetings and such, I guess I understand why there is a period of consideration needed as well. It's -- it's a complicated topic. Bird: It's very thorough, though, Tom. Thank you. Barry: Thank you. I appreciate your time. C. Public Hearing: CDBG Program Year 2011 (PY2011) Draft Annual Action Plan-Open Public Hearing and Comment Period De Weerd: Thank you. Okay. That moves us to Item 8-C and I appreciate all of your attendance and your -- your time certainly. So, I will open the public hearing on the CDBG program year 2011 and turn this over to Lori. den Hartog: Thank you, Madam Mayor, Members of the Council. I was here two weeks ago for apre-draft prioritization meeting, so I will keep this as brief as possible. We do have some of the applicants who applied for CDBG funding this year in the audience and they will be available to answer any questions if you have them, so I will go through this. We are preparing our draft annual action plan in anticipation of submitting to the U.S. Department of Housing and Urban Development in August. Our entitlement amount is estimated at 230,715 dollars. This is a six dollar difference from the last time I was before you. We had the official letter from HUD that came in this week, so that number changed slightly. Hopefully it won't change again. As I mentioned last time, this is a 16 and a half decrease from last year, just based on the actions of Congress in passing the fiscal year 2011 budget. As in past years, our public services dollars are capped at 15 percent of our allocation. Administration is capped at 20 percent. We have five applications submitted for public -- that fall under the public service categories, for a total funding request of just over 98,000 dollars. Available funding for this program year was 34,600 dollars. We had a working group this year who has provided recommendations to you in the form of the draft plan and consistent with the prioritization meeting we had a couple weeks ago. We had two applications that we recommended for partial funding under this category. The first was for the Meridian Food Bank and we are recommending 20,600 dollars for this coming year and the second was the Meridian Boys and Girls Club for a scholarship program for their extended -- for their extended program in the club. These are programs that the club Meridian City Council June 21,2011 Page 31 of 63 provides on a fee and this is above and beyond their actual membership fee. So, the scholarships would enable those students who would otherwise not be able to participate based on the fee, these scholarships would cover those costs. Excuse me. We did have three other applications in this category that we did not recommend funding for. The first was a foreclosure prevention and intervention program. This was submitted by Neighborhood Housing Services. This was to fund a staff person to provide the counseling services. The next application was submitted by Charitable Assistance to Communities Homeless, Incorporated. This was a proposal to provide case management services for rapid re-housing of homeless families and so they were proposing apart-time staff person in Meridian. We do have Mr. Greg Morris here this evening. We have talked about this application a little bit at the last meeting. They have been working with the Meridian School District and some of the members in the Meridian faith community on this particular issue. And the last application that we had under public services was the Meridian Senior Center submitted for computers and computer classes and that was for just over 3,100 dollars and we did not recommend funding for that application. The next group of applications that we had was for the non- public service applications. We had six that were submitted for a total funding request of 310,000 dollars. Available funding this program year was 150,000 dollars. We recommended four applications at varying funding levels under this category and this is one where we would -- our working group didn't have a solid number on one of the applications, so any input that you would have this evening and comments that we might receive during that 30 day comment period are going to be going to feed into the final recommendation when we come back before you in July. So, the first application that we recommended for funding was a down payment assistance program to Neighborhood Housing Services. We are recommending 20,000 dollars for them. The Ada County Housing Authority we are recommending 15,000 dollars, also for a down payment assistance program. As I mentioned last time, this is less than the amount that Ada County Housing Authority has received in the past, but they do have a current balance under this program year. They have been a little slower this year in finding eligible participants and homes in Meridian. So, that's why the amount is reduced in that one. The next one that we have recommended for funding is the Meridian Development Corporation for 40,000 dollars for a facade improvement program. Our Meridian Parks and Recreation Department for the File Mile Creek pathway. I do want to explain this a little bit. Excuse me. We had -- we had a number of applications that have unspent funds, they have come in under budget, so I actually had about 60,000 dollars from different program years that I plan on bringing before you with an amendment that can cover the cost of this particular pathway segment. It's been the desire of not only the CDBG program, but the Parks Department to complete -- this is the pathway segment that we funded over several years through this grant and this is just the remaining segment of this pathway from Badley up to Fairview. So, we want to get the pathway completed up to Fairview. So, even though we are not proposing funding through this program year, there is still funding available from the grant to complete this pathway. And the next one on there is the all abilities playground. This was submitted by the Meridian Playground Project. This is for a playground to be located at Meridian Elementary School near the Meridian Boys and Girls Club as well and we have representatives here to answer any questions about that. We talked about Meridian City Council June 21, 2011 Page 32 of 63 this a couple weeks ago as well. And the last one that submitted a funding request was the Meridian Development Corporation submitted a Nine Mile Creek flood plain feasibility study. We did not recommend funding of this. We have talked with MDC and explained our reasons why. So, that -- a couple of the reasons, it's easier for the grant to fund physical construction versus a study. We don't get credit from the feds until we complete a project. So, if we fund a study it could be any number of years until there is an actual construction project that we might be able to service that we were able to -- that we, essentially, get credit for the money that we spend under that grant. And also included -- and this is different than what I -- I hadn't brought these activities before when we had our prioritization meeting two weeks ago. I have been working with our Public Works Department. We have two possible pedestrian lighting projects if we include them in our plan this year. If we have any projects that don't move forward into funding without doing an amendment and going back to HUD for approval. So, I have included a pedestrian lighting project along Cherry Lane in front of the Meridian Middle School frontage for an approximate cost of 38,000 dollars and we looked at a lighting project along Camilla and Washington from east of Linder to 8th Street for an approximate cost of 36,000 dollars. So, with that this is our schedule. We have our opening of our public hearing and comment period this evening, with the anticipation of closing that public hearing comment period at the end of July and submitting to HUD the adopted plan in August. So, with that I am happy to stand for any questions. Thank you. De Weerd: Thank you, Lori. Any questions from Council at this time? Bird: I have none, Mayor. Rountree: I have none. De Weerd: Okay. This is a public hearing. I would invite anyone to come and offer comments. Any comments about projects, anything you would like to share for Council's consideration? Don't all jump at the same time. Thank you for being here. If you will, please, state your name and address for the record. Morris: Greg Morris. 3521 Tulare Drive in Boise. De Weerd: Thank you. Morris: Madam Mayor, Members of City Council, we were here last week and just to remind you all at the bequest of members of the Mayor's staff we did go about procuring letters of commitment and support from potential other partners that are ready to step up in this community should City of Meridian fund Project Catch or Charitable Assistance to Communities Homeless either with CDBG dollars or as outgoing director Canning suggested, the potential for their being a way for the City of Meridian to consider a General Fund contribution to this effort. So, at this time I'd like to provide the city clerk these letters of support and I guess I really don't have anything that I would like to add to what was presented last week. I was accompanied by regional director of Meridian City Council June 21,2011 Page 33 of 63 the Idaho Department for Health and Welfare Ross Mason and Jeannie Buschine of the Meridian School District. Jeannie is also here with me this evening if you have any questions for the Meridian School District, who is poised and ready to be a primary partner in this effort. And I'm also available for questions. De Weerd: Thank you, Greg. And I know certainly that Jeannie is very passionate about this topic and it certainly has been one at the Youth Council in terms of the homeless population of young adults that is growing. So, thank you. Any questions from Council? Bird: I have none, Mayor. De Weerd: Okay. Thank you. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: There was some discussion about whether this could fall under the nonpublic service. Did we resolve that? den Hartog: Madam Mayor, Councilman Zaremba, we did resolve that. Greg had mentioned when we were here a couple weeks ago if Ada County Housing Authority would be the applicant, whether or not that would change the category it would fall under. Essentially it doesn't matter who the applicant is, it matters what the project does. So, if the project provides case management, that has to be classed as a public service, regardless of who the applicant is. So, it couldn't be classified as housing, which would be -- which typically falls under a nonpublic service category. So, when Greg -- and we had talked about this through the last couple weeks, too. So, regardless of who the applicant is it has to be classified as a public service. Thank you. De Weerd: Thank you. Jeannie, did you want to provide any additional information? Buschine: Jeannie Buschine. 668 North Gray Pebble Way, Eagle. Madam Mayor and Members of the City Council, I just want to reiterate the Meridian School District's strong backing of the Catch program. I have been involved in counting how many homeless children our school district had for the last 15 years and for the last 12 had to report to the federal government and never thought -- like I said last -- two weeks ago that we would have very many. In fact, the first count was 13, I believe, that I added up and this year I just finished my state report. Four hundred sixty-four in our district. Some of those, like Tammy mentioned, are our homeless 17 and 18 year old students that I'm really concerned about, but I also am concerned about families and Catch is definitely rapid housing for families and so is it going to solve all of our problems? No. But it will solve a large percentage of them, which are children that are living with families and parents that are unable to find housing. In other conversations with the Mayor's assistant Lucas we -- we broke out from that 464 how many of those students were Meridian City Council June 21, 2011 Page 34 of 63 living in the boundaries of -- or the city limits of Meridian, because, of course, our school district is a joint school district, and that was 222. And so those kids are living in Peregrine area, Meridian Elementary, Meridian High, Meridian Middle, Sawtooth, Heritage. So -- and, again, you know, this is an -- this is the reality of our economic times. Yes, I do believe that that has -- has had an effect and if our economy turns around it might help, but, again, if you look at the numbers that I provided to Lucas, those numbers have not just, you know, occurred in the last year or two. So, we -- we have a problem and we have issues and our families that can't find shelter and double up go to the shelters in downtown Boise or in Canyon county and -- or leave our community. And those are not good options for kids and so we would like to see something else and -- and, again, this would be an awesome addition to what I think a very large hearted City Council and Mayor have as far as programs for families. So, any questions that you have for me? De Weerd: Council, any questions? Bird: I have none, Mayor. Rountree: No. Thank you. Buschine: Thank you. De Weerd: Thank you. Okay. Braga: Good evening. Colleen Braga. 1150 West Greenhead Street in Meridian. I am the executive director of the Boys and Girls Clubs of Ada County. And Joey Schuler, who you all probably know would be with me, but oddly enough he's at the Kuna City Council making a presentation on why they should support a Boys and Girls Club in Kuna, because he's running a summer program there. But I would be remiss if I did not thank you all for the CDBG funding that we received a couple years back for transportation for kids at Peregrine Elementary School, the Meridian Middle School, the Meridian High School. We were actually able to stretch that money out for two school years serving about 60 to 75 kids a day, bus transportation, getting them to the club. Without that support they would have no other way of getting there in many cases. So, thank you very much. Also thank you to Lori and the review group for recommending us for funding. Clearly there were a lot of great projects and we really appreciate that. They saw the value in ours. As you guys know, we have been providing kids ages six through 18 services in Meridian, about 1,500 kids a year, for a very low cost, so that no kids are turned away. For just ten dollars a year kids can come to our club every day after school from 3:00 p.m. 8:00 p.m. and during the summer for just 25 dollars for the entire summer they can come from 11:00 a.m. to 6:00 p.m. When we opened nearly ten years ago we realized that a lot of our parents are working parents and are low wage earners and need some extra assistance. So, we -- from ten years ago we started offering a morning program during the summer that served kids from 7:00 a.m. until our normal opening time at 11:00 a.m. for just 25 dollars a week. And it equates to about 225 to 250 dollars during the summer. We have not offered scholarships for Meridian City Council June 21, 2011 Page 35 of 63 those programs, so there is a segment of our population that cannot be served, because -- there are families even at that low cost cannot afford the additional fees. Because of high need at Meridian Elementary -- we are located right next door -- for before school programs for the kids -- I don't know, you guys -- if you have noticed or not, but elementary school does not start until 9:00 a.m. in Meridian because of busing issues and all that. A lot of parents that -- of the kids that we serve, like I said, are very low income, they are not decision makers or managers at their place of business and to say that I can work for you, but I can't get there until 9:30 is -- is a deterrent sometimes to being hired by companies. So, for those families we started a morning program to serve them before school. We serve them breakfast. We give them activities to do. And, then, we take them over to Meridian Elementary School and also Peregrine Elementary School I meant to mention, too, we have been providing those services. Both of those schools serve a very high proportion of very low income children. So, anyway, we would really like to have some assistance from the city in being able to scholarship that program. The newest program we have is called Meridian Year One. This came out of a conversation -- many conversations we have had with kindergartens, families, and the school principal at Meridian Elementary that the kindergartners go half a day there, they needed ahalf -- a program that would serve them the remainder of the day and on into the evening. So, we do 150 dollars a month for that program and it is fee based, we do not scholarship at this time. So, we felt that it -- for the CDBG grant it is primarily to improve the quality of life of low to moderate income citizens in Meridian and I kind of wanted to give you a picture of our families at the Meridian club. Forty- three percent of our kids come from single parent homes, the majority of the parents work. Sixty-seven percent of our members come from families with income levels that qualify them for free or reduced lunch program at school. And 90 percent live in households that fall within the income guidelines for LMI. Thirty-four percent of families have incomes of 20,000 dollars or less a year. Twenty thousand dollars, if you haven't done the math recently, but fora 40 hour a week employee that's about $9.61 cents an hour with a lot of people at those income levels. Another 25 percent support their families at levels from 21,000 to 33,000 and an additional 24 percent between 34,000 and 48,000. More than 60 percent of club members live in families with -- with more than -- with four or more people in the household. So, as you can tell we are talking about in many cases the working poor and without scholarships we are unable to provide the services that many of them need to keep their kids safe, to make working a strong possibility for them. It's hard to get work when you can't start work until 9:30 or if you have to leave work in the summer at some point in time to go pick up your kid from home -- you bus them home there all day and you're going to pick up and take them to the -- to the club when the regular program opens. So, this money, the 10,000 dollars that we are requesting, would help -- we are estimating about 30 kids. We don't believe that it's appropriate in all cases to give a full scholarship, we'd like to look at a sliding scale, and the fact that we know the situations were relationship based, we know the kids, we know their families, we know who is hurting and we know who can use the services. So, anyway, that's -- that's what we are requesting, to be able to help the families who are struggling in Meridian. These are working people. I guarantee that the money that they can save from having to put kids into daycare situations -- it's going to Meridian City Council June 21, 2011 Page 36 of 63 go back into our community invested in, you know, other basic needs for their families and that type of thing. Right on time. De Weerd: I didn't know we had a timer. Braga: I watched it the whole time. It was kind of making me nervous. Anyway, do you have any questions? I'll try to -- I went through that fairly quickly, so I apologize. Bird: I have none. Rountree: I don't have any. De Weerd: Any questions? Your summer program also provides food -- a food program component; right? Braga: Yes. Absolutely. All of our programs provide a food component. For the early morning kids that come in the year one, the kindergartners and the ones that come in from elementary school, they get a free breakfast every day. Every kid who comes to our after school program gets a free dinner and a free snack and everybody in our summer program gets a free breakfast, snack, and lunch. And that is provided through the USDA program and the CICFP program. As a matter of fact, I have to -- we got -- we are one of the biggest providers of after school meals for children in the State of Idaho. We not only provide for our kids, we provide for the Nampa Boys and Girls Club and the Caldwell Y, because they lost their contract with Idaho Food Bank, so -- anyway. But also won the USDA Sunshine Award for best practices in childhood nutrition. So, kids that come to our club not only are in a safe place with caring adults, but they also get fed nutritious meals every day. De Weerd: Thank you. Myers: Madam Mayor and Councilmen, I appreciate the opportunity. My name is Marcus Myers, I'm the principal at Meridian Elementary School, right down the street. My address 1854 South Blacksmith Place in Meridian. Before Ibegin Ijust -- I wanted to say thank you to the Council and especially to Mayor de Weerd, thank you so much for our new relationship at Meridian Elementary School -- at least the strong relationship with Meridian Elementary School. I appreciate your time. The small moments and the little moments, stopping by the school for assemblies, allowing us to sing here at Christmastime and for all those little moments we are very grateful. So, thank you so much. De Weerd: Thank you. Myers: It's perfect to follow now and very appropriate after Boys and Girls Club. We have a very strong relationship with the Boys and Girls Club of Meridian Elementary School. The Meridian Elementary all access playground would help support that relationship. Also support a relationship with our community around us. Meridian Meridian City Council June 21, 2011 Page 37 of 63 Elementary School, as mentioned, many of our figures are the exact same as Boys and Girls Club. Our students and families have been identified as -- 75 percent of those students and families do qualify for free and reduced food. That's free breakfast, free lunch, and free backpacks on the weekend for food as well -- that are provided by our community. Approximately 500 students attend Meridian Elementary School. We do have a very moving population of students who come and go and families, but typically on average it's 500 students. So, with the all access playground project it would benefit not only those 500 students at Meridian Elementary School, but we also serve many schools, like Peregrine Elementary and surrounding schools. The reason that we support those schools and over a hundred students from other schools within Meridian attend our school is because of the number of special needs programs that we have at Meridian Elementary School. It's exactly those students that we are looking to serve through the all abilities playground. If the Council wishes and needs that information, I have a digital file, which I did submit to the clerk two weeks ago, but, nevertheless, if you would like me to bring it up on the screen I can definitely do that for you at this time. Out of the 500 students and other -- and over a hundred students from other schools that attend our school throughout the year, right now currently 113 of those students are identified as having a disability with over 40 of those as being severely disabled and severely disabled being identified as severe movement disabilities or -- or emotional disturbant disabilities, which would limit their opportunities to be on a playground with general education students. This would be a strong partnership with the Boys and Girls Club and, in fact, the location of the playground itself on the east end of Meridian Elementary School directly adjacent to the Boys and Girls Club was planned just for that particular reason. We share a fence, if you can call it a fence. It's more of just a common area in between the two of us and it's a very loose fence, because we do share that school and we share Boys and Girls Club and greatly appreciate the numbers of students who come to our school on a frequent basis, because we are all there for the same reason, that is to help and support those students and those families. Just this afternoon I was there at the school and there were over two hundred students on our playground eating the food in which they provided and enjoyed our equipment and our playground areas. This is another area I'd like them to be able to enjoy. The all access playground includes -- and in talking with Joey and coming up with some ideas for Boys and Girls Club, the idea of a community garden we thought would help bring the community together that way. The Meridian School District and Boys and Girls Club, through grant writing and through facilities money that we have, I do have approval to be -- maybe to use the water, to be able to use the land in that area for a community garden. Also in talking with Joey, Boys and Girls Club and the community, when we have events to help serve those students -- those 500 students and families, we tend to have barbecues in that playground area and the common area. The all access playground also provides additional barbecue areas and picnic areas and areas that the community can use at will. It's open to everybody. The playground itself meets the needs of students with severe physical limitations and disabilities. This includes blind, deaf, students with emotional disturbances, students with handicaps who cannot go down a slide without assistance, who cannot climb a structure that you would find in other areas of our school and around Meridian Elementary School. I do know -- and this is much accolades to the Council and to the city for our parks that do provide Meridian City Council June 21, 2011 Page 38 of 63 compliance for students with physical limitations, but, nonetheless, there is nothing on this side of town to help serve that and this would do that for these students and for the community. Like I said, it would be open to all parents, families, in the community. We do have plans in place for security to provide a safe environment and also it has met the approval with a playground architect to make sure that it was completely ADA compliant and so much more above that. This would be designated -- the driving force behind this is students with disabilities, but, nevertheless, our driving force is also families of students with disabilities, having an area where we can all come together, sharing that with the Boys and Girls Club and incrto answe~an st uestions that you may havet this time. And I would be more than happy Y q De Weerd: Thank. you. You did very well getting all of that in. Myers: I practiced. Rountree: Timing was perfect. De Weerd: I didn't know we were timing it, so -- Council, any questions? Bird: I have none, Mayor. Rountree: I have no questions. De Weerd: I have seen the area that it's planned for and it's -- it is right there between the school and the Boys and Girls Club, so -- and a very nice vision that you can see in the presentation. Myers: Thank you, Madam Mayor. De Weerd: Thank you for being here. Okay. Warner: Hi. My name is Liz Warner and I live at 2408 North 25th Street, Boise, and I'm the director of the Meridian Food Bank. And first of all I want to tell you all thank you very much for the donation or the contribution you have made in the last few years through the CDBG grants to the Meridian Food Bank. It has helped us rise to the need. We were -- I was just looking at some statistics -- I'm so nervous talking to you guys. De Weerd: You don't need to be nervous. Warner: When I was sitting there -- I teach dance, I could teach you all how to fox trot, I would be so calm, but standing here talking it's really hard. Bird: You might have a problem there. Warner: Okay. Meridian City Council June 21,2011 Page 39 of 63 De Weerd: Oh, no, we have two left feet times five. Warner: Okay. Anyway. But the -- the number of people that we have been serving has gone up 40 percent from just 2009 to 2010 and, then, 20 percent from last year to so far this year. So, every time I go to the Food Bank I see lines of people, you know, outside the door before we open and that just has not changed since we, you know, moved into our new location in 2009 and your granting that money to us has helped us be able to feed all these people. So, I just want to tell you how much we appreciate it and thank you. And also thank you for the re rec ate thatioecommendationki If youuha ~e the 24,600 for this fiscal year that -- we app any questions, you know, I can answer that, but I think you're well aware of the need in the community and what's happening economically and so far we have been able to meet those needs and we appreciate every can of food and every dollar that comes our way. It keeps us going. So, having said that, if I'm not going to teach anyone to dance, if you have any questions let me know. De Weerd: Okay. Council, any questions? Bird: I have none. Rountree: I have none. De Weerd: Thank you. And I will say I was at the Meridian Senior Board meeting today and they were very impressed with the presentation they witnessed at the chamber. So, just wanted to pass that along. Good evening. Rangel: Good evening, Madam Mayor and Councilmen. My name is Jana Rangel. 1511 East Pisa Court in Meridian. And I am a developmental pre-school teacher at Meridian Elementary and I am -- I'm very nervous, too. I'm used to speaking to three to five year olds. De Weerd: Well -- Rountree: Close. Bird: You're right there. Rangel: So, I teach the children that this playground would definitely benefit and the students who will truly benefit from this playground are unable to access the current playgrounds that we have a Meridian Elementary and so what happens at recess is these students sit on the sidelines and they watch their peers play and while we as teachers try to interact with them and try to get their peers to interact with them, it's just not the same as being able to accessround Iwill also benefittlhe community ialnd their their peers. And while -- the playg families as after hours this is a place that they can come as a family to spend time together in a park that their child is able to access the equipment and there are other Meridian City Council June 21, 2011 Page 40 of 63 community members that access that park as well. And while some of these students have disabilities that they are unable to be in large groups of people, that this is a -- in a smaller size would benefit them as well, because they are smaller groups and those kids will be able to work on their mobility, growing, strengthen their muscles and their core, and be able to spend time as a family and other members of the community as well. I'd be happy to answer any questions that you have. De Weerd: Thank you. Council, any questions? Bird: Madam Mayor, I do have one question. De Weerd: Mr. Bird. Bird: This playground will be accessible to not only boys and girls and elementary off hours, it is -- it will be open or will it be fenced off where the public can get to? Rangel: It does have a fence currently there, but there is gates that can be opened and I believe that fence is going to stay there, but there will be community benches and garbage cans and things like that that will be invited for the community to -- to share as well. Bird: Okay. Thank you. De Weerd: So, the gate won't be locked? Rangel: No. No. Bird: The gate won't be locked, there will be access to it? Rangel: Uh-huh. Bird: Thank you. De Weerd: The gate needs to be there, so you can keep them in. Bird: Oh, yeah. Rangel: Yes. While we are out there, somebody can go out of the gate. because sometimes you turn around and Bird: Thank you. De Weerd: We have had kids. We know. Rangel: Thank you. Meridian City Council June 21, 2011 Page 41 of 63 De Weerd: Okay. Thank you. Now, that wasn't so bad, was it? You can be honest. Any additional comments? Okay. Thank you for all of your comments. We know there is a community out there that is in need and, fortunately, in Meridian we have a lot of community partners. You know, we have a very generous community and so we are just one aspect of that. Okay. Council, you have recommendations in front of you. Lori, any additional comments? den Hartog: Madam Mayor, Members of the Council, one thing I would just ask you to possibly consider in discussing and giving direction, we do leave this draft plan open for 30 days. We will come back to you the end of July. The working group hadn't proposed an exact number for the all abilities playground and so if that's something you would like to discuss and consider, that's something that we did not have a solid recommendation on. The remaining amount from that category for the nonpublic service application is 75,000 dollars. So, we have the option to provide additional monies elsewhere to fund the other projects that applied or apply some of that money to the all abilities playground. What we are specifically proposing for that project is the purchase of playground equipment. The group has been working on donations for other items, so that if we do provide grant funds for that project it would specifically be for the purchase of the playground or some portion of the playground equipment, depending on what that dollar amount looks like. So, any comments or direction that you might have in relation to that amount would be appreciated. And other than that, any other comments that you might have as we move forward in preparing the plan to come back to you in July. Thank you. De Weerd: Okay. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: My suggestion is if you got 75,000, put it in there. That is one of the greatest things that we could put for this area of downtown. While Settlers is beautiful and everything, a lot of people can't get out there. So, if we have got 75,000 dollars, that's where I would put it. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I would first like to say I appreciate the work that you and the committee have put into this and the recommendations that you're making and I agree with Councilman Bird, if the Five Mile Creek pathway can be funded ano{hoer W assi to the rerma nde~ to but if it can be funded in another way I would very happy 9 priority five, which is this project. De Weerd: Okay. Meridian City Council June 21, 2011 Page 42 of 63 Rountree: Madam Mayor, I agree with that. I think we established that in continuing the public hearing until July 26th and take testimony as we see fit and I think when we act on it, then, we will have been through our budget draft and workshop and there might be some of these other worthy causes that I have seen here that we might be able to support as well. I don't know. De Weerd: Okay. Bird: Is that a motion? Hoaglun: Madam Mayor, question for Lori. The eligibility requirements -- it has to go into the playground equipment again, because we are talking about it for planning and that sort of thing and studies and whatnot. So, do we know what the playground equipment request would be? den Hartog: Madam Mayor and Councilman Hoaglun, are you asking for the specific costs of the playground equipment? Hoaglun: Yes. den Hartog: I don't -- I believe one hundred thousand to a hundred twenty is the cost of the equipment. Perhaps Principal Myers can answer the question. I don't believe the 75,000 will cover the entire cost, but I do believe they have some options in terms of perhaps phasing a project and they are doing some fundraising efforts as well. Myers: Madam Mayor and Council, thank you for your question. Our cost estimates -- and these were estimates that we have already received and in order to begin the schematics with the architect and the planning portion of that, total cost estimate for the entire playground -- now that is equipment, groundbreaking and architecture, which was donated -- in addition to that we have raised about 22,000 dollars thus far. Total cost is about 132,000 dollars. Now, that's everything. That's the entire bill. The playground equipment itself is the majority of that and, again, the playground equipment, you start at a lower amount and as you add on pieces to it -- but phases one, two, and three total about 110,000 dollars. Between a hundred and a hundred and ten thousand dollars. The difference in cost estimates there have to do with material costs at the time and, then, the addition of difference sensory pieces to the playground that we can add or take away, depending upon funding at that time. Hoaglun: Thank you. Myer: Thank you. De Weerd: It might be helpful to know what is -- if you have phases one, two and three and that total is 110,000 dollars for the equipment itself, what is -- what is the minimum you need to get the project started as well? Meridian City Council June 21, 2011 Page 43 of 63 Myers: Madam Mayor, I believe that the minimum would be about 100,000 dollars in order to make that take place. The different -- the major cost cutting differences that we have already moved from -- removed from that is what you would see at Settlers Park with the -- De Weerd: The fall material. Myers: -- fall material. We are ADA compliant with the wood chips and some of the estimate where that changes is up to about 50,000 dollars has to do with that fall material. The current proposed and what I sent to the clerk with the pdf, the diagrams for that, is -- does use the wood chips and set us at about 132,000 dollars. So, the equipment itself is about 100,000. I think that we could vary that between ten and twenty thousand dollars based upon what we add to the playground and what we choose not to add. A lot of that is you buy a base model, which is 100,000, and, then, add to that. Thank you. De Weerd: Okay. Council, this is a public hearing that will be continued to July 28th, so no action is necessary this evening. We thank all of you for joining us here this evening and providing your comments. Greatly appreciated. Nothing further from Council, I would -- Rountree: I have nothing. De Weerd: -- move to the next item. Okay. Bird: I have nothing, Mayor. De Weerd: I will need amotion -- do I need a motion to continue this to July 28th? Nary: Yes, you do. To keep it on your agenda. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I didn't hear when you opened this, did you officially open the comment period or does that need to be part of the motion? De Weerd: I officially opened the comment period. Public hearing. Zaremba: Okay. In that case, I move that we continue the public hearing for Item C to our regularly scheduled meeting of -- that we had a schedule up here when we are doing this -- De Weerd: July 25th. Meridian City Council June 21, 2011 Page 44 of 63 Zaremba: July 25th. Thank you. De Weerd: 26th. Zaremba: 26th. We continue the open comment period in the public hearing to our regular meeting of July 26th. Rountree: Second. De Weerd: Okay. I have a motion and a second to continue Item 8-C to July 26th. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. D. MFP 11-002 Una Mas by Tamara Thompson Located Southwest Corner of E. Ustick Road and N. Allys Avenue Request: Modification to Note #9 on the Final Plat for Una Mas Subdivision Regarding Direct Lot to N. Allys Avenue De Weerd: Okay. Item 8-D is on MFP 11-002. I will ask for staff comment at this time Friedman: Thank you, Madam Mayor, Members of the Council. Currently you have a request to modify a plat note from Una Mas Subdivision located on the southwest corner of Ustick and North Allys Avenue. Currently the plat note restricts access on that plat to certain lots -- Lots 8 and 13, and, then, access to Allys also via Tecate Lane, Modelo Lane and, again, the shared access from Lots 8 and 13. The applicant has requested that that plat note be modified right now specifically to add the ability to access Lot 1, which is highlighted up here in the corner. We have issued a certificate of zoning compliance for a new Les Schwab store there and the applicant has coordinated with ACHD. ACHD has approved aright-in, right-out to service that lot, contingent upon the city approving a final plat modification. So, the specific request is to modify the plat note to allow access to Allys Avenue from East Tecate Lane, East Modelo Lane, shared access from Lots 8 and 13, a right-in and right-out for Lot 1 and, then, others that may be approved specifically by the -- by the city and the highway district in the future. The applicant's representative is here to address you on this. She has indicated to us that they are in agreement with the staffs recommendation for approval of the modification. De Weerd: Thank you, Pete. Any comments from the applicant? Thompson: Madam Mayor, Members of the Council, Tamara Thompson, Landmark Development Group, 2462 Sunshine Drive in Boise. As Pete said, we -- we did obtain approval from Ada County Highway District for aright-in, right-out for Lot 1 for the Les Schwab. It meets policy -- the ACHD policy and all the spacing requirements for access. So, they went ahead and granted that, but the plat has a specific language on it that no other accesses can have direct access, other than the few that are listed there. Meridian City Council June 21, 2011 Page 45 of 63 So, we are here to ask for that to be modified and just to kind of cover in the future if there is any others that need to be added, if it meets policy, or, frankly, in this case it does give better fire department access also that they can pull -- excuse me -- and pull out on Tecate that -- that that's something that we can look at specifically in the future, that it's not just an outright approval, that it would be something that in -- if the City of Meridian and ACHD agree, then, we wouldn't have to go back and modify the plat. So, we are requesting that tonight and we are -- I can stand here for questions and we are requesting your approval tonight. Thank you. Zaremba: Council, any questions? Bird: I have none. Rountree: I have none. Zaremba: All right. Thank you. Any wrap up from Pete? Friedman: Council, no, I have no further comments, unless you have any questions of me. Zaremba: Okay. Council, this is not a public hearing, so we don't need to close it. I'd entertain a motion. Bird: Mr. President? Zaremba: Mr. Bird. Bird: I move we approve MFP 11-002 and include all staff and applicant comments. Rountree: Second. Zaremba: We have a motion and a second. Madam Clerk, would you call roll, please. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. Zaremba: That motion carries. MOTION CARRIED: ALL AYES. Item 9: Department Reports A. Public Works Department: Streetlight Conversion Project Zaremba: All right. We are on to Item 9-A. Public Works Department has a department report on streetlight converting -- conversion project. Meridian City Council June 21, 2011 Page 46 of 63 Curns: I apologize. Members of the Council, this evening I'm just coming here to kind of give you a little update and check in on a project that we just bid out, which is the Main Street streetlight conversion project, which is funded through the energy efficiency grant -- conservation grant and as part of that project, in essence, what it does is we are replacing either the whole fixture or, in essence, the light producing guts within the fixtures of about 150 lights up and down the Main Street corridor. That project came in below the budgeted amount and we are hoping to spend every dollar we can squeeze out of it that we have in the budget and so because we came in a little bit low, what we were hoping to do is perhaps target some of the lights that are in the City Hall plaza. So, right now as part of the way the project was bid we would be replacing the internal light producing parts of the fixtures surrounding City Hall along the street and the ones that look similar to that, but they are taller down by the speedway, which is all those black historical fixtures and the fixture itself doesn't change, it's just what's inside. So, what we are replacing those ones with is an induction light fixture, which produces a white light, as opposed to that kind of orang-ish color you get from high pressure sodium that's out there right now. And, in fact, what we have in the City Hall plaza is a metal Halide light and it also produces a white light, so what we are proposing to do is extend the bid quantities in this project to also include the lights in City Hall plaza with this retrofit kit, if you will. So, the color of the light doesn't change, the light output initially is just a little bit less than what you would see out of a brand new fixture out front, but on average it's about the same light output, we just see a reduction from about 150 watts per light pole to 85 watts. So, we have enough left over in the budget if we extend those bid quantities to cover all the lights in the City Hall plaza out here, the decorative fixtures. So, we wanted to check with the Council first and make sure that you were comfortable with that idea and also if you had any questions about what that may look like I'm here for any questions you may have. Zaremba: Council, any questions? Bird: I have none. Rountree: Mr. President? Zaremba: Mr. Rountree. Rountree: Tim, what's the timing and duration? Curns: We have bid the project out and the contract has been signed, I believe, and so that should be awarded here shortly and we are hoping to get the project mostly completed here within -- I want to say about two months is where we left it. I think 60 days was the contract time. Rountree: Thank you. Zaremba: Was I understanding you correctly that the whole area might be slightly dimmer if all these are changed? Meridian City Council June 21, 2011 Page 47 of 63 Curns: Councilman Zaremba, not to get too technical with it, but these particular fixtures operate a little bit differently than what we have out there. What we have out there now those bulbs tend to last about three, three and half years apiece and the ones we are putting last at least three times that duration. The ones that are out there now start off bright -- when they are brand new they start off brighter than these will brand new, but within a year and a half they end up being the same light output, so since they have been out there a couple years now you probably won't notice too much of a difference and, like I said, the color is almost exactly the same, because it's a white light. Zaremba: Great. Thank you. Council, any collective opinion? Rountree: Move forward. I think that's what they intend to do anyway, so -- Zaremba: It sounds like that's a good idea. Rountree: Get her done. Curns: That's what we need to know. Zaremba: Thank you. Curns: Thank you very much. Zaremba: All right. We will move onto Item 9-B, another Public Works subject. McCormick: Good evening, Council. Pardon me. Rountree: Mr. President, can we take like a five minute break, so John can get that up? Zaremba: I think that would be a good idea while they are setting up and perhaps the Mayor will return while you are doing that. So, let's reconvene at 9:40. It's about eight minutes. (Recess: 9:32 p.m. to 9:40 p.m.) B. Public Works Building Services Division: Budget Amendment for Building Repair for aNot-to-Exceed Amount of $1,883,700.00 De Weerd: Okay. We will call this meeting back to order and welcome John. McCormick: Thank you, Madam Mayor, Members of the Council. And I appreciate the supporting comments alongtthe amendment haths before youttonightgoe$1 883,700. Meridian City Council June 21, 2011 Page 48 of 63 And so I realize it is some time ago as we were dealing with these repair issues that we had a little bit of a misnomer, because we call our function building maintenance, but we have -- in fact, I have very little opportunity to maintain this beautiful facility that we are in, because of the emphasis that we have had on break fix, the repair work that has been thrust upon us, it's not something that we went on scheduled, it was something that occurred on -- some cases on a fairly emergent basis. So, I have scratched through the word maintenance and tonight we are going to talk about repair, because that's the basis for what this amendment is all about. Just wanted to cover three particular areas. One is to focus a little bit on the work that has been completed and, then, focus on the repair work that is in process currently and, then, the repair work that is to be done sometime in the near future. And, then, of course, I would like your approval -- seek your approval to move forward with the amendments, so that work can be accomplished. The work that has been completed thus far -- and this is not all inclusive, I should qualify that right up front, this is a pretty good laundry list of things that has been done. There is lots of other items that could be integrated, but this is an overview, if you will, to the issues. It was only two days that I was on the job when I was invited to the operations meeting with the Mayor and the directors and I found out very quickly some of the problems that this building had. First and foremost -- De Weerd: That was a welcome meeting, by the way. McCormick: I guess it was. Yeah. By the way, it was -- Zaremba: Anew building. McCormick: Yeah. Nothing of that nature was divulged in the interview process that I can recall. But it was an orientation, because it gave me some insight into what was to come, some of which I expected, some of which I did not. The front doors had problems and had been having problems for a long time. It turns out that it wasn't as big a deal as we thought it was. We did get good collaboration from the vendor. It took awhile. And what it turned out to be is we had some insulation problem and we also had some manufacturing problems that was associated with the product that was called a lift arm that keeps the -- lifts up the rod that goes up and down through the doors. And we fixed that and it has been operating fairly consistently for some time now. Is this real wood? Okay. So, it wasn't only but a matter of a couple of weeks after that that we had the substantial event around the sewage spill and the back up of our sewage on the first floor and the subsequent spill into the basement and, then, to lots of different areas. In between the front doors and the sewage back up we had rain storms and we had leaks coming through the roof. So, that kind of distracted us a little bit. So, it kept us busy. The sewage back up was due to a faulty check valve -- actually, two of them, a four inch and a six inch. This would be a good opportunity right now to unveil the visual aid. De Weerd: Only the Public Works director sighed or, no, he didn't sigh. He swooned. You know, Frank, you can stand where ever you want to take pictures. Meridian City Council June 21, 2011 Page 49 of 63 McCormick: In the back of his mind he is no doubt thinking I wonder how I'm going to top this, you know. So, the two check valves that we took out turned out to be very problematic and since we removed them from the system we have no problems. So, here it is. This is about 300 dollars. This is a couple hundred dollars. Together about 500 dollars. De Weerd: Move your microphone with you. McCormick: Oh. Sorry. I thought that close you could hear me, but I guess other people can't. De Weerd: Dean -- it's more important Dean does. McCormick: Okay. So, those two items together total 500 dollars or approximately that. Took a couple hundred dollars to pick them up. But they contributed to almost 50,000 dollars worth of cost to us in cleaning up, restoring, and taking care of the whole spill mess. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Refresh my memory. Didn't you also in the process of taking these out and doing the clean up discover that specified clean outs had not been put in the sewer system? McCormick: That's correct. We did. And that was another discovery and it's one of those things -- Councilman Zaremba, thank you for bringing up -- that you find when you go to repair these things -- at least our experience has been we uncover other problems in the process. Almost invariably it has led to bigger and more challenging opportunities to address. So, you're correct in that. We have had a number of water leaks that has resulted from problems with a roof, which are well documented. The water main, which was something that was a surprise to us, we also helped solve a number of problems when we fixed that, because even though it was a surprise to us, we knew the evidence was there, because we saw the water in the electrical room, we had water everywhere and didn't know where it was coming from. Some of it was -- the source was rainfall, other came directly from the water main that was seeping all that water through walls and into the electrical room and causing a lot of concern and a lot of problems. I'll get into that in just a moment. We had water coming through windows, doorways, we had sinks that didn't work properly, in some cases not at all. And we had scoffers on the exterior of the building that were supposed to be working to discharge the excess water from the rainfall and snow melt out into a safe area. Those weren't working and we had a well failure on our glycol, which resulted in a fairly major glycol spill. That was some time back. But big issues with fluid, particularly water. We have had a real struggle with the mechanical side of this building, particularly the hydronics, which we had tried to get the contractor to collaborate with us, had no success in getting that vendor to Meridian City Council June 21, 2011 Page 50 of 63 respond, even though they initially were the ones to put the infrastructure in place and the system in place. So, what we found is by within more a qualified vendor we were able to bring that system into compliance. Now, the compliance is compliance to specification, which has to do with the parts per million for iron, nitrites, nitrates, phosphorus, things of that nature. And those are bad news for mechanical systems and particularly chillers, boilers, and things of this nature, which are all dependent upon the loops to effectively operate. So, I'm happy to say that we have effectively brought the chilled water loops and the data afire loops into compliance, as tested by Dow Chemical and they do come into the threshold that we expected and was very achievable from the outset. The work that is still going on at this point in time is the restoration and conditioning of the hot water loops, which should be completed here in the next couple weeks. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: Real quick, John. It's probably too soon to tell if there has been any long term damage. You mentioned all these things that shouldn't be there or out of whack and if this thing is supposed to last 20 years we may have a shortened life. It's probably too soon to tell we are not going to get what we should out of this mechanical system. McCormick: I think as it relates to the -- the loops themselves, I think we are probably okay. There was certainly a lot of concern about the chiller. In fact, Trane was threatening to pull the warranty on that chiller, because the noncompliance of the loops, which, you know, corrosives would ruin that device and, of course, it's fairly expensive. And it has a five year warranty is the one thing that we have got in this building that is still under warranty and that we can call the manufacturer on and have them work on it, so -- but beyond that some of this is kind of unknown. Hard to tell sometimes what you run into. The hot and chilled loops were not vented as specified. They were supposed to be, but they were not. Those are now vented with Hoffman valves that take care of any of the whistling and stuff like that, that noise that you hear when something isn't vented properly. Restrooms. We had a number of malfunctioning issues with restrooms related to sinks, toilets and we also had a significant sewer gas smell that we have taken care of and addressed effectively with a little thing called a Macintosh valve, which is -- basically goes into the trap primer and takes care of that problem for us. We still have issues with concrete and masonry that has crumbled and caused problems, fallen off in some cases. We have repaired some of those issues. The electrical pad in the -- or the pad of concrete that's under the substation in the electrical room, that has been fixed. That was a concern because we thought we might have to actually move that system to a different location in order to fix that and, of course, that would have been substantial money to do that. So, we are thankful that we didn't have to incur that. And we, of course, have had that same work being done on the plaza and that is looking better, but still has some ways to go. So, that's what's been done in a nutshell. Provided some photos for you, just to kind of give you some additional visual connection to the work that's being done. These are also identified by letter, so as I refer to them, I Meridian City Council June 21, 2011 Page 51 of 63 will refer to them by the letter. A is basically digging out from the water leak and so this is -- actually that hole is a little bit deceiving because it's much deeper than what it appears. The guy was down almost up to his chest. And they sucked all of that water out in order to dry it out, so that they could take the pipe out and remove it. B is water that was coming down through the interior of the walls and also on the outside of the walls. This was a problem that was identified, along with the scuffer as the culprit. So, by the way, these are my friends. These are the culprits that we kind of picked up along the way. The scuffer being one of them. Cis -- tDhe Wthe out et t at t e water was supposed to f owfou of a Canf your expla nothat one?o McCormick: The scuffer that was originally installed with the building and what would -- the drain -- the drain pipe comes into the scuffer and, then, when it -- the water comes through the drain pipe it will force this open and will let the water cast away from the building. That's how it's supposed to work. What happened is this is quite a large area and the drain pipe I think is a three inch pipe, as I recall -- two and a half or three inches. Well, this here area was not sealed, so the water would hit this and go underneath the drain pipe and, then, down between the walls. So, it would go back -- it would just reverse its course and that's how that -- how that worked. The cow tongue devices that are installed on there now, they actually are fully sealed. They wrap around the drain pipe, fully sealed to the building and to the pipe and so it's one unit and it just casts the water away. Very easy solution. These are quite expensive, by the way, and so it's hard to see that kind of cost associated with something that did not work. De Weerd: Thank you. McCormick: And D is the -- or, excuse me. Let me go back to C for a moment if I might. This is a big patch on the roof. This summer we did some thermography work to identify water that might exist under the membrane in this particular area. This is probably about 48 square feet, four by 12, and it's an area that has had substantial amount of patches, but this was just like a water bed. It was all bubbled up and you could just step on it and the water would squish all over the place. So, a number of these spots were identified through that thermography process and some of that work has been remedied since then. But major issues here with the number of patches on the roof. You will see anywhere from these smaller patches that are, you know, maybe four inches by two inches, to everything all the way up to several feet by several feet. And probably in the neighborhood of anywhere from 400 to 600 patches were estimated by the people that did the assessment with us in the evaluation of the roof. D is the -- just the visual that occurred from the glycol spill and this is where it went, down into the subfloor. E is the affect of the degradation of that concrete pad and you can see how that just eroded away and the water is kind of hard to see there. Water doesn't photograph real well, unless it's on a lake or something like that, but it's ever present in r serrloom where we had a substantial afmount of water on tone part cular day,fwe took Meridian City Council June 21, 2011 Page 52 of 63 15 or 20 gallons of water up. That is quite a small area. It's very compacted. And you can see on that concrete block that supports some of that piping. You can see the watermark that was there at some point in time. It's a very substantial amount of water that was coming in there. This is another leak slide. So, we are dealing with more leaks here. A and B are related slides. It's the water main. That's this pipe right here. These I have on a very reliable expert source -- go in the ground with the intention of being there for 20 or 30 years undisturbed. No maintenance or repair necessary. This was in the ground for about two years. A weld broke on this outside and on the inside. And that was distributing water everywhere. It's a little heavier and dirtier than a stainless steel bolt, so I think I will just hang onto this if you don't mind. Cis -- that's the area that traps the condensation from the data afire loops and, then, disperses that into the drain pipe. Then it -- it doesn't -- normally it wouldn't involve a lot of moisture, a lost of water, but when it's plugged up it has no place to go, it sits and it accumulates and all this crud accumulates with it. D is the pipe that it was supposed to drain into. If you will allow me to just step away from the mike for a moment. This is exactly as the pipe was taken out to see what was keeping it from going places. You can see there isn't much water going to go through this. What happened, of course, is another mechanical malfunction that resulted in further damage, because what occurred, all that water went down to the fire administration area and, then, we had another clean up and restoration issue on our hands. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Have you identified what the material is that's blocking that pipe? McCormick: That is commonly referred to as construction debris. Concrete. Junk, basically, fell in. Bird: Sweep up and clean. McCormick: Pardon? Bird: What they didn't want to sweep up and clean. McCormick: Normally I understand these things are covered until they are all done and, then, they hook them up and -- but you could see why you would have a problem like this with this kind of installation. And, of course, it resulted in several thousand dollars of cost to fix the resulting damages. E -- I was reluctant to show E. It's a -- kind of a gross slide. But that's this guy right here. This six inch check valve. And you can seek that nothing is coming out. Nothing gets through that check valve, it goes up -- back up into the floor and in the case of the first floor the vent systems are in the floor -- or were in the floor at that time and, then, it goes into the duct system. So, this resulted in us having to shut down the air handling system on the north end of the building, so people didn't get contamination in the air that they breathe until it was fully cleaned up and safe Meridian City Council June 21, 2011 Page 53 of 63 to turn back on. And still more leaks. A is a fitting that's up in the air handling units. We found 19 of these critters that were fitted either incorrectly with the wrong gasket or in some cases had double gaskets, which is overdoing it and counter -- counter productive to the seal that you need. Some cases that gaskets were incorrectly sealed together. So, just very poor piece of workmanship in the installation of that. Nineteen of those leaks caused substantial amount of damage in the -- under the membrane and as it leaked in the various places. B is the home of the scuffer. This is on the west wall and it's a -- when we pulled off the scuffer we were shocked and amazed to see what we saw. That hole is the same hole as in C, that photo C, which is just basically an enlargement of that scuffer hole and you can see that the pipe does not come out of the wall. It should come out of the wall and into the scuffer. It doesn't even make it past the membrane that's there to protect it. And, then, you see more -- in D you see more of the fittings that were replaced because of the leaks. This -- these are in the two air handling units, north and south units, on the roof. Again, a substantial amount of money was required to fix that problem. So, that's the work that we have done. The work that we are doing currently is we are still working to get our hydronic loop system in compliance and what's left is just simply the hot water loop. We have got a side stream filter applied -- or installed to that and we will get the glycol mixture in there and all the chemicals that are required to prevent corrosion and once that is stabilized and everything, it's sealed up and there is no reason to ever open it up again. What was happening that caused it to be so far out of compliance to begin with is as it was losing fluid through those 19 leaks, then, they just pour more glycol in it or more nitrates and so it was just making the problem worse. We didn't know that until we discovered those leaks and found out what was happening. And, of course, glycol is expensive, too. It's a very expensive chemical to be just having poured out. We did an energy study awhile back and we found a number of issues that we identified as areas that needed to be addressed and we will be doing that in the months ahead. We have found areas that had too many zones and some areas that required only zone had five. Some areas that required five had one, you know. So, it was just a total imbalance across the building of temperature capability and that's why you find extremes, hot and cold in different areas of the building. Some people are very comfortable, other people are totally uncomfortable. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: On that same subject I had heard that there were situations where the thermostat in one room actually controlled a different room and so that somebody might be turning their thermostat up and somebody else was freezing and turning theirs down, which was affecting the other person. Were there some of them that were cross-wired like that? McCormick: Yes. And that's what I mean by zones, actually. So, the zone that controls your comfort might be in my office. Well, I don't feel like it's the right temperature for me, but, you know, you're not even a known entity to me at that point. So, like Tom Meridian City Council June 21, 2011 Page 54 of 63 Barry, my temperature control Tom's, so when I want to make it uncomfortable for him I just ratchet it up or ratchet is down, depending on what's going on in his life. But that's -- that is a real problem and what happens, of course, is you have the combination of very discomforting environment and you have wasted energy, because you have that energy that's being consumed that is not being applied to the right places. So, this is a big deal. We found VAVs that were not working. VAV is a variable airflow valve. It has a fan on it and a motor and it pushes stuff around. Not working at all. We found stats that weren't working. Temperature gages not working. In some cases no readings and some cases not even on. It's a fuse system. And, then, we found dampers in the sub floor system that were leaking. So, all of those issues will get fixed as we moved through and we are going to take care of those problems as we install the automated logic -- direct digital control devices. Some additional work to be done and this is a lot of the work here has not be started or has been started and parked but won't get finished this year, we will probably continue on well into next year. Great concern about the chiller and the mounts on the chiller that have been fixed once or twice I guess the last time they were fixed they drilled holes wrong, they put the bolts in wrong, so the chiller doesn't sit on the springs the right way and it causes lots of vibration problems that make people uncomfortable and nervous, as you can imagine. Particularly those that are sitting close by or in that area. We need to complete the work on our energy star compliance, which we started. It takes about a year for us to complete that. The ironic part of this is that this is work that if we had good quality workmanship on the building to begin with, we would already be there. We would have it done. It has saved a lot in our energy consumption just by having the wet side economizer enabled. The enabling of that wet side economizer, which was installed, was simple a programming exercise to program it, so that it would do its job, pulling outside air into the server room to cool it. To give you an example, in March, April and May of this year we consumed 13 percent less electricity in this building than we did in the previous two years. Last year and the year before. So, it is working. At what point can you reach a sustainable level, we don't know that yet, so we are going to have to figure that out as we go forward. But clearly there are some energy savings that are going to come as a result of that and, obviously, some real good decisions around how we use the energy in this building and I'm speaking specifically of electricity, not gas. We need to either repair or replace the roof membrane. We have to make that decision at some point. We have been very fortunate, we have had some of the leaks patched and we seem to have taken care of some of the problems that were kind of giving us fits, but they are still there and it's just a matter of time. Same with replacing the plaza masonry, the cap lock and the matching accent band. That is -- it's beyond, you know, description I think. It's something that is not very appealing to our beautiful building, it distracts from the value and the beauty of the building and so we need to protect it I think. That's something that needs to get done. Repair and replace the water feature infrastructure, that's probably a next year project. Repairing the parapet walls on the roof, that's an issue that has been up there for awhile. It's something that needs to get taken care of. We don't know how sound that structure is, the parapet wall itself, and you hate to see anything that might fall off of that and fall in the wrong place. We need to also investigate whether the membrane sealant is present around the foundation and install it as necessary and required where it's missing. This is something that we discovered again with shock and Meridian City Council June 21, 2011 Page 55 of 63 amazement. When we replaced the water main and dug that hole to find the pipe and located the pipe, we did not locate any presence of sealant, which is supposed to be there and it wasn't. So, that work needs to go on. We need to repair the concrete problems at the heritage building and repair any discrepancy in masonry work that was done on the City Hall building that -- at this point we haven't touched it. So, here is the work to be done on the roof and A is the parapet wall I referred to and you can see in the circle there just the -- that loose brick and also you can see concrete that is kind of -- or the mortar I should say, that's kind of crumbing away there in between. B and C are kind of related photographs. That's of the membrane on the roof that is supposed to be tucked under that sheet metal cap and secured and, of course, it is not and so where does water find its path when it comes down from the sky, it goes right into that crack. B is interesting, because you see a little clip board with paper on it that's stuffed into that crack. This is something that somebody did up there while we were up there assessing one day, just put his clipboard down into it for illustration purposes. D is a new problem that we found this spring in March. This is on the barrel roof and it's sheet metal fascia that came off in a windstorm. Was not secured very well. Was secured with just a little bit of pop rivets and, of course, it was flapping in a huge way during this wind. One of those pieces did, in fact, come off and landed in the flower bed and we can just thank God that that's where it wound up, because it's big and it's heavy. I think it's 063 metal -- sheet metal, which is pretty steady stuff. Then E and F, again, this is a -- the sheet metal cap that needs to cover over the membrane. Another view of it. And, of course, you can see that it does not. On the concrete and masonry side, lots of work here that we haven't even started on, but very much workmanship issues all over the place. A and B are related. That's the same -- it's the same structure, it's just a different view and that is not an optical illusion, there is a three missing there, so if you're looking for the 33, it's out there now, but at the time that this was taken it had fallen off. I don't know why. But you can see that that is not a very attractive structure. C is a stone -- brick stone. It's -- this is out on the southwest corner of the building. It just fell off. And you can see it there, it's just -- you can just simply place it in there. But there is no grout or mortar on the backside of it, except in this one little spot. And, then, D is the capstone -- the accent part. You can see the crumbling that is occurring there. We have taken some preventative measures, just to let you know, to help us ward off any reoccurrence of some of these problems. For example, we removed the check valves, we did not replace them. So, we wouldn't expect any additional back ups. We also moved the vents from the floor to the wall locations in the first floor restrooms. That -- are you playing with my mind there, Tom? Barry: No. You're good. McCormick: Okay. So, that is something that will prevent any contamination from getting into the duct work. We do have a preventative maintenance schedule to do a system flush every two months to insure that the sewer line is exercised and it has enough fluid going through it that it carries the stuff out as it's supposed to, just as a precaution. We did replace the scuffers with the cow tongue type and they seem to be bu'Id ng gth nk, t oryWe sea ed the lathe barrelroofUaWelhadslarge gaps ini the barrel Meridian City Council June 21, 2011 Page 56 of 63 roof and we still have a couple that need to be taken care of, but we sealed all of that stuff and we had a nesting ground for mosquitoes, gnats, and flies and everything. De Weerd: Thought that was Peggy's desk. McCormick: Did you? De Weerd: Yeah. It looked that way. McCormick: You think she conjured it up or -- De Weerd: No. They just went into the -- through that unsealed area and nested on her desk. McCormick: Well -- De Weerd: To irritate her I'm sure. McCormick: I think probably most of us in this room would have been kind of skittish about that situation, having flies falling into your hair and stuff like that. And, of course, mosquitoes can be a real health hazard. So, we did an abatement and -- in addition to that the sealing, so I'm hopeful that we have fixed that problem. So far so good. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: If we have got some of it sealed, why don't we have it all sealed? McCormick: I think there is just one -- one part that we couldn't get to, Councilman Bird. Bird: Can we get to it? McCormick: At that point in time it was an issue of the weather turning on us and everything, so that's something that can be -- Bird: Put a can up there and get it done. McCormick: It's on the list. We installed side panels into the air handling units. There was only one access into those units and that was through the front. All the piping and everything is in the back, so you had no access to see what was going on. So, when we cut open those -- and put those access panels in is when we found the magnitude of those leaks. And, of course, we were able to fix it. Flush the chilled water loops and install the side stream filter and we brought about compliance there. Replaced and sealed the gaskets and fittings on those loops to prevent any further leaking. So, those are the preventative measures. This is the plan and, obviously, it's not easy to read, but Meridian City Council June 21, 2011 Page 57 of 63 just to show you that we do have a considerable amount of detail around here in terms of the priority of criticality and importance of these things and what's involved, what are the causes, what are the potential fixes, what needs to be done, what's the schedule for getting them done, et cetera. So, we have shared this with a number of people and it's available in a larger format if you would like to see that. This is a --just an idea of what we have done and what we need to do and the cost of that and you can see that there is a substantial correlation of these costs to the -- those items requested in the amendment. And with that I would stand for any questions. Hoaglun: Madam Mayor? Yeah. I'm sorry. If you can go back, John, one slide there. On that roof membrane, you talked about repair or replace, that 300,000 dollar figure, is that replacement? Is that repair? What is that amount right there? McCormick: Well, at the time of the estimate and now it's very possible that with bid variability and everything that this could be very different and the cost of materials being what they are, but at the time it was for replacement, because the original roof cost -- I believe it was 186,000 dollars and that was 04 -- 045 thickness. And what I was pricing out was 060 thickness. So, a very much robust membrane, but I don't know if that price would stand today. This was about a year ago. Hoaglun: So, Madam Mayor and John, you're telling us be prepared? McCormick: It's possible that there will be another amendment next year Hoaglun: Okay. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: On the roof, is that what you're talking about, another amendment for it? We need -- we need to get that tore off and replaced down right before October 1st. We can't go through another winter. That -- that moisture that's coming down is damaging other parts of this building. We have been -- we have been harping -- this Council and Mayor have been harping on this for two years on that roof. De Weerd: Don't kill the messenger. Bird: Pardon? De Weerd: Don't kill the messenger. Bird: And I'm not getting on you. It's got to be done. It can't go through another winter. Because you get inside these walls and stuff, we might have all kind of damage. Once that water gets under there -- and I have been on that roof -- there is a lot of water sitting underneath that thing and it's got to go somewhere. It don't go up through it. Meridian City Council June 21, 2011 Page 56 of 63 McCormick: That's right. That's absolutely correct. Bird: I have never seen leaking water go upward. McCormick: There is a plan to address that and I wasn't prepared to speak to that tonight, because that's kind of being managed in a -- through adifferent -- Bird: We know. But it needs to get done. It's got to be a priority. De Weerd: Thank you, John. Council, I know you have been asking questions along the way, but any questions for John? Bird: I have none, Mayor. Make your motion. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: It is with a great deal of unhappiness that I move we approve a budget amendment for the Public Works Building Services Division, for building repairs for a not to exceed amount of $1,833,000. Holman: Madam Mayor? I'm sorry, Councilman Hoaglun, if I could interrupt. The clerks did a typo on the agenda. I think what I did is I created a place holder on the agenda for this budget amendment and when I actually got the budget amendment I didn't update the amount. So, this -- the true amount of this budget amendment is $1, 883,700. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: It makes me even unhappier. We just increased it. I move we approve a budget amendment for building repair for a not to exceed amount of $1,883,700 to Public Works Building Services Division. Bird: Second. De Weerd: I have a motion and a second. Any discussion? Okay. Madam Clerk. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Meridian City Council June 21, 2011 Page 59 of 63 De Weerd: We did have an addition of -- Zaremba: My microphone wasn't on. I did say aye. De Weerd: I heard it Zaremba: Okay. Thank you. De Weerd: Thank you, John. McCormick: Thank you very much. I appreciate the support and what this means is we will -- we will get the job done, it's just going to be a matter of when, not if. So, I appreciate your support. Thank you very much, Madam Mayor and Council. De Weerd: Thank you. Zaremba: And, Madam Mayor, I would add my thanks. You -- as you hinted at, this was not what you expected to be doing when you signed on, but we appreciate all the effort you put into it and appreciate that it's going forward. De Weerd: Well -- and I would extend those same things to Eric, who took a job with -- that he thought was going to be maintaining a building, not spending the majority of his life repairing what -- repairing a brand new building McCormick: Yes. He has done a great job. He's -- he's actually been very instrumental in leading -- I think there is only one person in the room, you know, and that's me, so -- but he done a fantastic job of leading our success through some of these issues and particularly in the HVAC and the energy issues. He has been very savvy about that and has worked very successfully with our current vendor, so I'm quite pleased with that and I hope and it's my expectation that we can get to the point where we take that repair off of that slide and we do, indeed, talk about maintenance, because that's actually going to drive our long term costs down. De Weerd: That is --that has been our hope as well. McCormick: Yeah. And I think it's very possible. So, I appreciate it. Thank you very much. Rountree: Thanks, John. De Weerd: Okay. Madam Clerk, now that all that discussion time has transpired, we -- have we -- you haven't called roll, please. Bird: We already had it. Meridian Cily Council June 21, 2011 Page 60 of 63 De Weerd: Did we? Bird: Yeah. Hoaglun: Yeah. We need to do that B-1. Amended onto Agenda: Budget Amendment for $2,300,000.00 for Fees, Costs and Damages De Weerd: Oh, yes. We are on B-1. Sorry. That's what I was thinking of. There was an addition to the agenda on Item 9-B-1, on fees, costs and damage. Nary: Madam Mayor, Members of the Council, this is a late addition to your agenda. This is a budget amendment for spending authority of up to 2.3 million dollars. This is to address the damage award by the court and the attorney's fees and costs that could be awarded. So, this is the maximum potential. We have to review the attorneys fees and costs that have been requested and see if any of those are challengeable and, then, of course, there is still a decision that has to be made in the future on whether an appeal is appropriate, but because we have to have the budget spending authority if the decision is made -- if the decision is made to go to simply pay the damages and whatever the judge awards as fees and costs, we need to have the spending authority of the 2.3 million dollars that's before you. De Weerd: Okay. Council? Hoaglun: Madam Mayor, just to comment before we -- I guess I will make the motion. I'm glad we are conservative, we save our money, we don't exceed budgets, this is tough to swallow, as we heard earlier, some many things wrong. We don't build buildings, the city doesn't, we hire people who build buildings to make that happen and sign a contract to protect our best interest and that didn't happen. So, it's just exceedingly disappointing that I have to make another motion for approval of a budget amendment for the legal department for a not to exceed amount of 2.3 million dollars. Bird: Second. Reluctantly. De Weerd: I have a motion and a second. Any discussion? I guess what can you make -- what can you add to yours, other than it makes you sick. Madam Clerk. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: Oh, my gosh, that visual was horrible. All ayes. Motion carried. MOTION CARRIED: ALL AYES. C. Mayor's Office: Discussion on Idaho's Citizen Commission for Reapportionment 2011 Meridian City Council June 21, 2011 Page 61 of 63 De Weerd: Item 9-C, I'll turn this over to Robert for discussion on the reapportionment Simison: Madam Mayor, Members of the Council. Thank you. I will try to be brief tonight. I was in front of you last week and where we discussed about what a letter might look like sending it into the Idaho Citizen Commission For Reappointment -- Reapportionment. What we have done is to take the comments from last week and put them together in a letter for your review, which gives the main points of which we discussed last week, primarily does the City of Meridian like to have -- be kept whole or that we would have two legislative districts that represent us and used primarily roadways as boundaries where appropriate. Also, what you will find as an attachment are proposed -- two proposed districts, which do encompass our area of impact and it is almost wholly entirely Meridian, however, on the one that is labeled number two we did extend over on into Cloverdale Road in the southern part of our area of impact to help us get the population numbers that would be needed to get within the deviation that the state has suggested we have. It's been produced on the low end to allow for growth in both of these districts, which we anticipate over the next ten years and, you know, we submit this for your review and comment. With that I will stand for any questions. De Weerd: Thank you. Council, any questions? Bird: I have none. Rountree: I have none. Zaremba: Madam Mayor, not a question. I think it's a good thing to do. Rountree: I agree. De Weerd: Okay. Well, we will get -- get this sent out. Simison: Thank you. Zaremba: Do we need a motion to authorize the Mayor to sign it or just nod our heads? Bird: Just do it. Nary: A motion is probably better. But a nod is fine. I mean -- De Weerd: A motion would be good. Zaremba: Okay. Madam Mayor, I move that we authorize the Mayor to sign the letter that we are looking at, addressed to the Idaho Citizens Commission For Reapportionment. Rountree: Second. Meridian City Council June 21, 2011 Page 62 of 63 De Weerd: I have a motion and a second. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES Item 11: Amended Executive Session onto Agenda -Per Idaho State Code 67- 2345 (1)(f) -To Consider and Advise its Legal Representatives in Pending Litigation De Weerd: Okay. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: We are at the end of the printed agenda, but we earlier in the meeting should have added another item and I request that we do. Make a motion to add a continued Executive Session for item of the State Code 67-2345(1)(f) and -- or actually adding it now to continue discussion that we didn't finish in the special session that preceded this meeting. Did I make that a motion? That is a motion. Hoaglun: Second. De Weerd: Okay. I have a motion to adjourn into Executive Session. Madam Clerk, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. EXECUTIVE SESSION: (10:36 p.m. to 11:31 p.m.) Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move we come out of Executive Session. Zaremba: Second. De Weerd: I have a motion and a second to come out of Executive Session. All those in favor say aye. All ayes. Motion carried. Meridian City Council June 21, 2011 Page 63 of 63 MOTION CARRIED: ALL AYES. Item 10: Future Meeting Topics De Weerd: Item No. 10 is future meeting topics. Does anyone have anything for future meetings? MEETING ADJOURNED AT 11:31 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYOR MY De WEERD ATTEST: ~ ~ S l aul DATE APPR,~Y~p,.,, RE CE I~~i`:~~ JUN T 1 2011 Changes to Agenda: None CITYOFGCfe ID~~+,- - CITYCLERKS OFFICE Item #B.A: UDC Text Amendment (ZOA-11.002) Application(s): - Amendment to the text of certain sections of the UDC pertaining to surety requirements. Summary of Request: The amendment proposes to distinguish sureties for essential public facilities such as water & sewer from development amenities such as landscaping, to include bands as a form of acceptable surety. The amendment also specifies and increases the amount for performance sureties for installation of facilities related to life, health & safety. It also includes new language addressing warranty sureties as a necessary requirement for the release of performance sureties for installation of city infrastructure. Commission Recommendation: Approval at the May 26~"public hearing Summary of Commission Public Hearing: i. In favor: Tom Barry, Public Works Director ii. In opposition: None iii. Commenting: None iv. Written testimony: None Key Issue(s) of Discussion by Commission: i. Adequacy of the increase in the performance surety amount from 110% to 125% Key Commission Change(s) to Staff Recommendation: i. None Written Testimony since Commission Hearing: Dave Yorgason, Capital Development Outstanding Issue(s) for City Council: i. None Notes: Item #8.D: Una Mas (MFP-11.002) Application(s): - Modification to the final plat for Una Mas Subdivision Size of property, existing zoning, and location: This site consists of 12.62 acres, is currently zoned C-G, and is located on the southwest corner of E. Ustick Roatl 8 N. Allys Avenue. Summary of Request: The applicant requests approval to modify Note #9 on the face of the final plat to allow for a right-in/right-out access via Allys Avenue for Lot 1 and others, as approved specifically by the City and ACHD. The note currently prohibits direct lot access to N. Allys Avenue other than E. Tecate Lane, E. Modelo Lane, and a shared access for Lots 8 and 13. A Les Schwab tire center is proposed to be built on Lot 1 of Una Mas subdivision which is located on the NWC of N. Allys Avenue & E. Tecate Lane on Lot 1. The applicant states the access is proposed for Fire Department and customer convenience and for better circulation within the site. ACHD has approved aright-in/right-out access for Lot 1 via N. Allys Avenue pending approval of the subject final plat modification. Because the proposed access is a right-in/right-out only and has the support of ACHD, staff recommends approval of the requested final plat modification. Written Testimony: Tamara Thompson, Applicant's Representative Staff Recommendation: Approval Notes: Meridian City Council Meeting DATE: June 21, 2011 ITEM NUMBER: PROJECT NUMBER: FP 11-005 ITEM TITLE: ng Orchard Final Order for Approval: FP 11-005 Spurwing Orchard by SWG Brighton, LLC Located North Side of Chinden Boulevard; East of N. Tree Farm Way Request: Final Plat Approval for 38 Residential Building Lots and Four (4) Common Lots on 12.98 Acres in an R-15 Zoning District MEETING NOTES ~„~a Community Item/Presentations Presenter Contact Info./Notes In p~~ec~ ~ ~ e CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS BEFORE THE MERIDIAN CITY COUNCIL C/C NNE 21, 2011 IN THE MATTER OF THE REQUEST FOR FINAL PLAT APPROVAL OF 38 BUILDING LOTS AND 4 COMMON ON 12.98 ACRES OF LAND FOR SPURWING ORCHARD SUBDIVISION, LOCATED IN THE SE '/ OF SECTION 22, T.4N., R.1W., MERIDIAN, IDAHO CASE NO. FP-11-005 ORDER GRANTING FINAL PLAT APPROVAL OF SPURWING ORCHARD SUBDIVISION BY: BRIGHTON INVESTMENTS, LLC APPLICANT This matter coming before the City Council for Final Plat approval pursuant to Unified Development Code 11-6B-3 on June 7, 2011, and the Council finding that the Administrative Review is complete from Bill Parsons, Associate City Planner for the Planning Department, and Scott Steckline, Land Development Supervisor for the Public Works Department, dated: Hearing Date: June 7, 2011, to the Mayor and Council, and the Council having considered the requirements of the preliminary plat, the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of "PLAT SHOWING SPURWING ORCHARD SUBDIVISION A RE-SUBDIVISION OF A PORTION OF BLOCK 15, ALL OF BLOCK 16 AND ORDER GRANTING FINAL PLAT APPROVAL FOR SPURWING ORCHARD SUBDIVISION (FP- I 1-005) Page 1 of 4 BLOCK 17 OF JAYKER SUBDIVISION NO. 1 LOCATED IN THE SE 1/4 OF SECTION 22, T.4N., R.1 W., B.M., MERIDIAN, ADA COUNTY, IDAHO 2011, STAMPED BY JAMES R. WASHBURN, PLS ON 4/20/11, SHEETS 6 OF 7, ENGINEERING NORTHWEST, LLC, BRIGHTON INVESTMENTS, LLC, DEVELOPER, " is conditionally approved subject to those conditions of Staff comments as set forth in the Memorandum to the Mayor and City Council from Bill Parsons, Associate City Planner for the Planning and Zoning Deparhnent and Scott Steckline, Land Development Supervisor for the Public Works Department, dated: Hearing Date: June 7, 2011, listing 13 SITE SPECIFIC CONDITIONS/FINAL PLAT and 16 GENERAL REQUIREMENTS, a true and ~/ _ correct copy of which is attached hereto marked Exhibit "A", and consisting of 9 pages, and by this reference incorporated herein, and the response letter from Mike Wardle, a true and correct copy of which is attached hereto marked Exhibit "B" and consisting of 1 page, and by this reference incorporated herein. 2. The final plat upon which there is contained the Certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 1. The Plat dimensions are approved by the City Engineer; and 2. The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash has been issued guaranteeing the completion of off-site and required on-site improvements. ORDER GRANTING FINAL PLAT APPROVAL FOR SPURWING ORCHARD SUBDMSION (FP- 11-005) Page 2 of 4 NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAHINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request aregulatorytakinganalysis. Such requestmustbeinwriting,andmustbefiledwiththeCity 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 maybe filed. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real { property which may be adversely affected by this decision may, withintwenty-eight (28) days after the date of this decision and order, seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the 2. ~ ST day of 1-i,~, ,2011. DATED this Z ~ ~~ day of ,, V..v~f~ , 201 I . i~ ' Mayo T my de Weerd ORDER GRANTING FINAL PLAT APPROVAL FOR SPURWING ORCIIARD SUBDIVISION (FP- 11-005) Page 3 of 4 i Attest: ';<.,l "~:`~~''riy,, •%. y,~a • ~ J` g°'„t (:. ~~ - Jayc Holman, City Viler ', 7}' r ~' ^,' Copy served upon the Attorney. Department, Public Works Department, and City BY: Dated: ~O'&9I~~U ORDER GRANTING FINAL PLAT APPROVAL FOR SPURWING ORCHARD SUBDIVISION (FP- 11-005) Page 4 of 4 STAFF REPORT Meeting Date: TO: FROM: SUBJECT: June 7, 2011 Mayor and City Council Bill Pazsons, Associate City Planner 208-884-5533 ~~Q/rE IDIAN~ IDAHO Scott Steckline, Land Development Supervisor 208-887-2211 FP-11-005 - Spurwing Orchard Final Plat I. APPLICATION SUMMARY The applicant, Brighton Investments, LLC, has applied for final plat approval for thirty-eight (38) building lots and four (4) common lots on approximatE;ly 12.98 acres of land. The subject property is currently zoned R-15 (Medium-high Density Residential District). The site is located on the north side of Chinden Boulevard; east of N. Tree Farm Way in the southeast '/a of Section 22, Township 4 North, Range 1 West. The City Council approved the Jayker preliminary plat (PP-06-058) on March 27, 2007. The approved preliminary plat consists of 277 buildable lots, 1 commercial lot and 27 conunon lots on 142.97 acres. A final plat (FP-07-026) for the first phase was approved by City Council on October 26, 2007 and consisted of 140 residential lots and 21 common lots on 89.70 acres. This is the third final plat proposed for the Jayker Subdivision. The applicant is re-platting a potion of Phase 1(39 residential lots and 2 common lots) to accommodate a revised subdivision design. Re-platting the property was a simpler than. processing multiple property boundary adjustments and vacation applications to develop the lots as they exist now. To accommodate the new plat design, the open space has been reduced by 7,575 square feet (0.17 acres) to 4.98 acres or 38.4% well in excess of the 10% percent required by the Unified Development Code, and the reduction does not conflict with the open space requirements originally approved with Phase I . A vacation application is scheduled in conjunction with the final plat to vacate a portion of the plat (39 lots and 2 common lots) and the associated easements that were approved with Phase 1. A new exhibit is attached as Exhibit D with the fmal that depicts how services will be provided to accommodate the new plat design. Per UDC 11-3A-3, the applicant is also seeking a Council waiver for acurb-cut to N. Jayker Way, a designated collector street. The proposed curb-cut connects to a planned corrunon drive that serves four (4) residential lots. The connection to the collector street is meant to serve as a circular driveway. Further, the proposed residential lots front on a designated local street. Thus, Staff is of the opinion that the proposed lots do not take direct access from the collector street. The applicant has provided correspondence from ACRD supporting the curb-cut. Therefore, staff is supportive of the applicant's request for the curb-cut to N. Jayker Way, as proposed. Staff is also requesting Council reset the expiration date for the subject final plat. Staff is of the opinion that this is a unique situation which the code did not contemplate. Because the applicant is vacating lots from a recorded plat, the UDC does not define an expiration date for the subject final plat. Therefore, Staff believes the timeline for signature on the subject plat should start from the date of Council action. Staff recommends that the applicant have until June 7, 2013 to obtain the City Engineer's signature. Spurwing Orchad Subdivision-FP-1I-OOS.doc PAGE 1 II. STAFF RECOMMENDATION Staff recommends approval of the Spurwing Orchard Subdivision final plat subject to the conditions noted below. These conditions shall be considered in full, unless expressly modified or deleted by motion of the City Council. III. SITE SPECIFIC CONDITIONS 1. Applicant shall meet all terms of the approved annexation (AZ-06-004), development agreements (instrument # 106151218 and 110059432), or as may be modified by the City Council for this subdivision. 2, The applicant has until June 7, 2013 to obtain City Engineer's signature on the final plat or apply for another time extension in accord with UDC 11-6B-7. 3. Prior to submittal for the City Engineer's signature, have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 4. Revise the notes on the face of the plat prepared by Engineering Northwest, LLC, stamped on Apri120, 2011 by James R. Washburn, prior to signature of the final plat by the City Engineer, as follows: • Revise Note 1. to include h ht ~ 5-foot wide interior lot line public utility, drainage and irrigation easements or as determined by the Citv .neineer. • Revise Note I 1 to include Lot 9, Block 2. • Add note that references DA instruments numbers 106151218 and 110059432. 5. The applicant shall comply with the landscape plan submitted and approved with Jayker SubdivisionNo. 1 final plat (FP-07-026), dated April 28, 2009. 6. Prior to signature of the final plat by the City Engineer, the applicant shall provide a letter from the United States Postal Service stating that the applicant has received approval for the location of mailboxes. Contact the Meridian Postmaster, Richard Buttram, at 887-1620 for more information. 7. All fencing installed on the site must be in compliance with UDC 11-3A-6 and 11-3A-7. Temporary construction fencing to contain debris shall be installed at the subdivision boundary prior to release of building permits for this subdivision. 8. All common driveways shall be constructed in accordance with UDC 11-6C-3D, and be paved a mitumum of 20-feet wide with a surface capable of supporting 75,000 lbs. All properties that abut a common driveway shall take access from the driveway. File a perpetual ingress/egress easement for all lots that share a driveway. The applicant may record an easement and include the instrument number on the face of the plat prior to signature of the City Engineer, OR dedicate said easements via the plat. Graphically depict the common driveway easements for each applicable lot on the face of the plat. 9. Prior to signature on the final plat by the City Engineer, the applicant shall provide exhibits for each individual common drive quad lot configuration (four (4) in total) that depicts the setbacks, building envelope, orientation and structures in accord with UDC I 1-6C-3D.7. 10. Staffs failure to cite specific ordinance provisions or conditions from the preliminary plat does not relieve the Applicant of responsibility for compliance. 11. Prior to the issuance of any new building permit, the property shall be subdivided in accordance with the UDC. *r t, ~ t, a shall obtain certificate of 12. Pnor to the ;aeuance of a buildt~~« ~ nnroval from the Yla_mm~e zonine compliance (CZ~'~ ~^~l a mi tstratrve desten revtew(pESI a_ _ _ - Department. PAGE 2 Spurwing Orchad Subdivision-FP-1I-OOS.doc 13. or clarification the curb cut (circular driveway for T otc 2 5 Block 11 to N Javker Wav was p~ranted by City Council. GENERAL REQUIREMENTS 1. Street signs are to be in place, water system shall be approved and activated, sewer line shall be installed and passed air test and video inspection and final plat recorded prior to applying for building permits. 2. A letter of credit or cash surety in the amount of 110% shall be required for all uncompleted sanitary sewer prior to signature on the fmal plat. 3. All development improvements, including but not limited to water and sewer, shall be installed and approved prior to obtaining certificates of occupancy, or as otherwise allowed by UDC 11- SC-1. 4. The applicant shall provide a 20-foot easement for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian's standard fom~s. 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, which must include the azea 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. 5. The applicant shall provide sewer services to Spunving Orchazd Subdivision as depicted in Exhibit D. Said improvements shall be reviewed and approved by the Public Works Department prior to issuance of a building permit. The required improvements shall commence at the time the lots are developed. 6. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat. 7. Compaction test results must be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 8. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 9. Applicant shall be responsible for application and compliance with and NPDES pernritting that may be required by the Environmental Protection Agency. 10. All development features shall comply with the Americans with Disabilities Act and the Fair Housing Act. 11. 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 Deparhnent of Water Resources Contact Robert B. Whitney at (208)334-2190. Spurwing Orchard Subdivision-FP-1I-OOS.doc PAGE 3 12. 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. 13. The City of Meridian requires that pressurized irrigation systems be supplied by a yeaz-round source of water (MCC 12-13-8.3). 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, asingle-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 signature on the final plat by the City Engineer. 14. The engineer shall be required to certify that the street centerline elevations aze set a minimum of 3-feet above the highest established peak groundwater elevation. 15. The applicant's 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 imgation district or the 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. 16. At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standazds. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. V. EXHIBITS A, Zoning/VicinityMap B. Jayker Subdivision No. 1 C. Proposed Final Plat D. Sewer Service Plan Spurwing Orchard Subdivision- FP-1I-OOS.doc PAGE 4 Spurwing Orcl~lyd SuUdivision-FP-11-bOS,duc PAGE 5 1;xbibitA - Zoning/Vicinity Map Exhibit B - Jayker Subdivision No.l -r~ p ® 01 ®1®~ 1~6 ~ #____ _~ __. ~ 19TH' ~ Y ^^ Y ~~ t ~! - • r^ _ nm m..i./. n. msr .~.~ Spurwing Orchard Subdivision - FP-1 I-OOS.doc PAGE 6 Exhibit C -Proposed Final Plat gP[JDW[N6 ONCHA D IS[1BD[V[3[ON BnNG A Rf ~NBS~Oi GF JMII(ER 91~ GN --~PIIASE Of BLTQf 16 LOCATED N 1RE 5 1/YEPopANE AOA /COUNTY, IOAl10 ]2 T.NI. R.IWv BIT. 2011 DIp~4DrtlY4~ ,~~~ E~.IOND . m`iar ~--+ 0 0 0 ~m m t.-. ~ m /' m ~~~.~ • W ® m m 'a ~o e 8 m ® / • s 1® ~.....df ~ -~. e e .....,,.. ® W a e e e e e e ®" _ .... ® ® __sDmaoe[_. BPUDpTIN6 OBCHABD gIIDDIVL9[ON e[aNC A REw~ ~~o~ ~ ~m N~ ~Bp~~ % w0~ av eLOCR ie LOCATED IN TIE 5 f/R GF THE SE 1/I Oi SECTON tY, T.NI., P.1W, &M. LIERIDIAII, AOA CGlNIY, pN10 wm ~~ - ~ 2011 DWM~irtl~YR~ aar[ uue r ~d. _-- -: 9 IeL O° 0 oar ~_~'~ o ~ ` o '~ ~ ' o d u d n Y' Ji ~ i ~ O ,,{ ~ u ` i + -~-~ • ~vl~ IFiEP.i.. s~W P ~ ~ ~ ©~' ® ~ pp R ' I , ~ 1_____.__.__ ~ n _,~I '~~ I ~ . A_ o ~___ ,.~ , , ~___ ~..~. ______ __ ____ _____ ~w~ M n e~m aNl awluxn: • fFLflIN. r ~~ ~~ I •nl~ Spurwing Orchard Subdivision - FP-1 I-OOS.doc PAGE 7 i.', ~~ i SPIIRWli1T6 ORCHARD 3UDDIVISION sort ~ ~...,~ ~, /~~ m. 1~ v O O O O I~ ~~ . ~,-=fir.. a- , ~•.1 0 .~' o ~. ~ `• . ~ o o o ~. ' /" .\ `- ~ ~~' ~~ o '4o j ~' ~, Spurwing Orchard Subdivision - FP-1 I-OOS.doc PAGE8 D. Utility Exhibit a +; m x W ~' - - ` - - ~._ _y,,- ~,- i i ~ o a ~ ~~ ~~ ' ° ~ ~_,. -- .~, , 1 + o ~ ~ ,- o - ~,- o o , ~~~: ~~ M ®®®®:®® -.___ ___________________ _____________________ r1YalYie4 Lf6 s SPUfl'MNG ORCHARD SUBDIVISION o w gxm s ma w Spurwing Orchard Subdivision - FP-1 I-OOS.doc PAGE 9 Page 1 of 1 ( B[II Parsons From: Mike Wardle [MWardle(ri?brightoncorp.com] Sent: Monday, June 06, 2011 3.36 PM To: Bill Parsons Cc: Anna Canning; Jaycee Holman; Jacy Jones; Machalle Hill; David Turnbull Subject: Spurvving Orchards Subdivision Bill, We have received and reviewed the staff reports for the referenced project applications. Specifically: VAC-11-001, layker Subdivision No. 1, and FP-11-005, Spurwing Orchard Final Plat. For the record, we concur with staff's recommendation for VAC-11-001. Further, with the exception of the first bulleted item of Site Specific Condition No. 4, we also concur with staffs recommendation for FP-11-005. We propose to modify that condition by deleting the word "a"and adding new (underlined] language, as follows: "Revise Note 1. To include -a- 5-foot wide interior ]ot line public utility, drainage and irrigation easements or as determined by the Citv Eneineer." Please let me know if you have questions. Mike Wardle 287.0512 6/8/2011 Meridian City Council Meeting DATE: June 21, 2011 ITEM NUMBER: 5B PROJECT NUMBER: ITEM TITLE: Water Easement for Fast Eddy's Chevron Located at 1725 East Overland 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~-- IDAHO TO: Mayor Tammy de Weerd Members of the City Council FROM: Steve O'Brien DATE: 6/6/11 MayorTammy de Weerd City Council Members: Keith Bird Brad Hoaglun Charles Rountree David Zaremba SUBJECT: Water Easement for Fast Eddy's Chevron -1725 East Overland Road L RECOMMENDED ACTION A. Move to: 1. Approve an easement for a new water meter. This is to provide an easement for a new water meter serving the above referenced project. 2. Authorize the Mayor to sign the easement. II. DEPARTMENT CONTACT PERSONS Tom Barry, Director of Public Works 489-0372 Bruce Freckleton, Development Services Manager 489-0362 Scott Steckline, Land Development Supervisor 489-0369 Steve O'Brien, Development Analyst II 489-0371 Supervisor Supervisor Supervisor 'vices Manager Page I of I ADA COUIRY RECORDER Chrlstapher D. Rlch AMOUNT ,00 E BOISE IDAHO 06123111 08:64 AM DEPUTY VIcklAllen III IIII'llllllll'II~IIIIIIIIIIIIIIIII RECORDED-REQUEST OF i i 1050750 Merl6lan Ciry WATER MAIN EASEMENT THIS INDENTURE, made this 25th day of May, 2011 between ST Investments, Inc., 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 water main right-of--way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water main is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipeline from time to time by the Grantee; NOW, THEREFORE, in consideration ofthe benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right- of-way for an easement for the construction, operation, maintenance, repair, replacement of a water main over and across the following described property: (SEE ATTACHED EXHIBIT A and B) The easement hereby granted is for the purpose of construction and operation of a water line and their allied facilities, together with their maintenance, additional connection thereto, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of--way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after construction, making repairs, performing other maintenance or making subsequent connection to the water line, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such construction, repairs and maintenance. However, Grantee shall notbe responsible for repairing, replacing or restoring anything placed within the azea described in this easement that was placed there in violation of this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the azea 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 Water Main Easement water line easement.doc 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 ofthe first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: ST INVESTMENTS, INC. President 2151 ~1. L'~~.AAfctn/ br F~~e. 2.0 83(o//a Address ~. ~ Secretary STATE OF IDAHO ) ss County of Ada ) On this day of M~~ . 20~ 1 ,before me the undersigned, a Notary Public in a t; sai State, personally appeared ~'f P AID ~~~ and known or identified to me to be the President nd Secretary, respectively, of the corporation th executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand a axed my official seal the day and year fist abo ~~~~ ' n~. ~~ _a•..~A R. n. 0 ia~ n_ I/I/1 ~ /71 I/1. 7 NOTARY a4 TARY PUBLIC; '~'~~ = Residing at M~ 'bBL~G Commission Expires: 0 4~.••' F OF 1O?;,o• Water Main Easement water line easement.doc GRANTEE: CITY OF MERIDIAN Tammy d~W~erd, Mayor Jaycee L. Holman, City Approved By City Council STATE OF IDAHO ) ss County of Ada ) ~~~~ r~O `'iY~'~ C`O 1 ^! ` .•`c On this ~_ day of >,~un~ , 20~, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY DE WEERD and JAYCEE L. HOLMAN, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ~.....• aj~C'"~AItN~ir•: .'W~.~O ~ ~., ,~ NO RY PUBLI OR ID O ;`~; (SEAL) ~ ~ Residing at: ' Commission Expires: o• • ~`, tiG, ^~'~ P[18~'. `pQ`. •~•Sf~`.E-O:••i Water Main Easement water line easement.doc l Date: 05/18/11 Project Noi: 11-0D4 391 W. STA'rE,ST„ SUITE A ~ :EAGLE;10 83615 ~ 208.639:6939 ~ FAX 208.539.5930 E?CI-IIBIT `A" LEGAL DESCRIPTION FOR }~ WATER :LINE EASEMENT A Water Line Easement being a portion of the NW1/4 of fhe: N1N1/4 of section 20, To~tvnsh. ip 3 Nerrth, Range 1 Erik; Boise Meridian, City of Meridian; Ada County, Idaho and being more particularly describedasfollows: CoCnmencingat a bt'ass cap m4numentmarkingthenorchwest corner of said Section 20, thence along,the north line-afs~aid'Section 20 589°2'30"E a distance of 571.32 feet to a p0in~ fl'tirrw WhYcha brass cap monument marking the northeast earner of the N11U1/4 (N 1/4 corner] of-said Section 20 bears.5>~9°52`30"E a d9starrce of 2085:00'feet, thence leavmgsaid north line Stl0"0T3(7"W a distance of 211.44 feefito a point on the Westerly line of the 5anikarySewer and Water Main Easement recorded under Instrument No, 111034955 records of Ada County,Jdaho and said point marking;the PQINT`OF BEGINNING; Thence alongsaid Westerly line 514°2735"E a distance of 10:00feet toa point; Thence leaving said westerlyline.575°32'25"W a distance of 2Q.76 feet to a poink; Thence N14°3T35"1N'a distance ofi1Q00feetto a point; Therlca N75"32'25"E:a distance of 20.76 feet to the POINT QF BEGINNING. Said Water-Lin a Easement containing-.208 square feet more or less. and is subject to all existing easements and orrights-of--way of record oi` implied. Attached hereto is Exhibit `B"and bythis reference made a part hereof.. EXHIBIT 'B' WATER LINE EAgEMENT ~17UA7ED 1N THE NW1~4 OF 7HE NW1~4 OF 8~7-ON 20, TOWNSHIR 3 NORTH, RANGE 1 EAST BOISE MERIDIAN, C11'Y OF MERIDIAN, ADA G'OUNTY IDAHO, 2011 W. OVERLAND RD. BgS15 QF QEAR[N~ 1/4 ~~, 1$ 17 _ _ _ _S89_'@2'~U'E - ~ 2856.32' _ ~ - 00' 2085 19 20 571.32' . Z0 W) ,:, ~I ~ ~ ~ 1 . .-N \ `. ~ . { ' I} \ ~1 f 'a ` ` f~i I 1 • ~ 1 1 1. 1 \: 1 \ N j ' $ 1 /~, Yr r ~ ` r h S~G,,~!!~;'~'~ N ~~o ', 2076, 1 ~5~~,0'3~ \ Z~ ~ ~ ~,~~B32~ ~ N 1 ~ ~ ~ 4 5 10 ,~ ` 1 LEGEND --'--- EASEMENT - - - - - - - EXISTING EASEMENT- - - - - SEC71dV UNE ....... • . , 7/E bNE Q Ci4tCULATED POINT ~} FOUNU BRASS CAP MONUMENT pO@ POINT OF BEdNNINO Meridian City Council Meeting DATE: June 21, 2011 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Award of Bid Campbell Tractor for Mower Purchase for aNot-To-Exceed Amount of $84,813.00 and Authorize the Purchasing Manager to Issue and Sign a Purchase Order for Same MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Memo To: Jaycee L. Holman, City Clerk, From: Keith Watts, Purchasing Manager CC: Mike Barton Date: 6/15/2011 Re: June 21 City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the June 21, 2011 City Council Consent Agenda for Council's consideration. Approval of Award of Bid for "Mowers" to Campbell Tractor and authorize the Purchasing Manacaer to issue and sign a Purchase Order/Contract in the amount of $84,813.00. This award is the result of Formal IFB #PKS-11-10253 issued May 9th and opened May 24, 2011. Four bids were received. Recommended Council Action: Approval of Award of Bid and Authorize the Purchasing Manager to issue and sign a Purchase Order/Contract for the Not- To-Exceed amount of the Low Bid Award of $84,813.00. Thank you for your wnsideration • Page 1 ~"' J LIA ~~, n rZ°E 7 O Q ~ i gog a~N~ Q m W W W ° ~ ~ ~ > 00V~~ 3 `u o o ~ ~ o wa v m N m y y O ?~ J oa J ~ Q W r Z N Q ° m Z ~ W ao °~ 00 pau6~ x O ° z w 0 0 0 0 ~ ° o m co ro m ~ ~ 0 0 0 0 ~ ~ m m v m a m fA EA 0 0 0 0 O O O O O O O N tD O O N O cY d c0 oi ~ ~ o M d d' a ~ ~ ~ ~ O O ai o N > ~ > ~ ~ c c 0 0 ~ N N ~ ~ ~ c 0 0 Z Z ~ V3 F X X X X 00 O N r... N ~ N r. ~ E '~ s E r r ~ m ~ ~ ~ U ~C ¢ r 0 0 ri -O _ ~ m ~~ v Q ]0 N N C O U ~ ~U N u a N ~ E O ~ z E N ~ ~ E O ~ o E m o a ~ 'a O y ~ a 00 a~'i > J O a 5 ~ - ~ ~ c _ O - Z Q W Z ~ 0 R m 2 Y qr ~ Y a w v d o a Meridian City Council Meeting DATE: June 21, 2011 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Approval of Bid Award and Resulting Contract for "Waste Water Treatment Plan (WWTP) Lighting Replacement" Project Bid #PW-11-6007-10186 to Berry Electrical Services, Inc for the Not-To-Exceed Amount of $16,000.00 MEETING NOTES ~~ Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS AGREEMENT FOR INDEPENDENT CONTRACTOR SERVICES WWTP LIGHTING CONVERSIONS PROJECT #6007-10186 THIS AGREEMENT FOR INDEPENDENT CONTRACTOR SERVICES is made this 21 day of June, 2011, and entered into by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "CITY", 33 East Broadway Avenue, Meridian, Idaho 83642, and -Berry Electrical Services. Inc, hereinafter referred to as "CONTRACTOR", whose business address is 1299 N Black Cat Road, Meridian, ID 83642 and whose Public Works Contractor License # is C-000841. INTRODUCTION Whereas, the City has a need for services involving WWTP LIGHTING CONVERSIONS; and WHEREAS, the Contractor is specially trained, experienced and competent to perform and has agreed to provide such services; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties agree as follows: TERMS AND CONDITIONS 1. Scope of Work: 1.1 CONTRACTOR shall perform and furnish to the City upon execution of this Agreement and receipt of the City's written notice to proceed, all services and work, and comply in all respects, as specified in the document titled "Scope of Work" a copy of which is attached hereto as Attachment "A" and incorporated herein by this reference, together with any amendments that may be agreed to in writing by the parties. 1.2 All documents, drawings and written work product prepared or produced by the Contractor under this Agreement, including without limitation electronic data files, are the property of the Contractor; provided, however, the City shall have the right to reproduce, publish and use all such work, or any part thereof, in any manner and for any purposes whatsoever and to WWTP Lighting Conversions page 1 of 13 ( Project 6007-10186 authorize others to do so. If any such work is copyrightable, the Contractor may copyright the same, except that, as to any work which is copyrighted by the Contractor, the City reserves a royalty-free, non-exclusive, and irrevocable license to reproduce, publish and use such work, or any part thereof, and to authorize others to do so. 1.3 The Contractor shall provide services and work underthis Agreement consistent with the requirements and standards established by applicable federal, state and city laws, ordinances, regulations and resolutions. The Contractor represents and warrants that it will perform its work in accordance with generally accepted industry standards and practices for the profession or professions that are used in performance of this Agreement and that are in effect at the time of performance of this Agreement. Except for that representation and any representations made or contained in any proposal submitted by the Contractor and any reports or opinions prepared or issued as part of the work performed by the Contractor under this Agreement, Contractor makes no other warranties, either express or implied, as part of this Agreement. 1.4 Services and work provided by the Contractor at the City's request under this Agreement will be performed in a timely manner in accordance with a Schedule of Work, which the parties hereto shall agree to. The Schedule of Work may be revised from time to time upon mutual written consent of the parties. 2. Consideration 2.1 The Contractor shall be compensated on a Lump Sum basis as provided in Attachment B "Payment Schedule" attached hereto and by reference made a part hereof forthe Not-To-Exceed amount of $16,000.00. 2.2 The Contractor shall provide the City with a monthly statement, as the work warrants, of tees earned and costs incurred for services provided during the billing period, which the City will pay within 30 days of receipt of a correct invoice and approval by the City. The City will not withhold any Federal or State income taxes or Social Security Tax from any payment made by City to Contractor under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums is the sole responsibility of Contractor. WWTP Lighting Conversions page 2 of 13 ( Project 6007-10186 2.3 This project is funded by an Energy Efficiency and Conservation Block Grant. EECBG Guidelines require that invoices submitted for payment be separated into individual line items for labor and individual line items for equipment and supplies. 2.4 Except as expressly provided in this Agreement, Contractor shall not be entitled to receive from the City any additional consideration, compensation, salary, wages, or other type of remuneration for services rendered under this Agreement including, but not limited to, meals, lodging, transportation, drawings, renderings or mockups. Specifically, Contractor shall not be entitled by virtue of this Agreement to consideration in the form of overtime, health insurance benefits, retirement benefits, paid holidays or other paid leaves of absence of any type or kind whatsoever. 3. Term: 3.1 This agreement shall become effective upon execution by both parties, and shall expire upon (a) completion of the agreed upon work. 3.2 Should Contractor default in the performance of this Agreement or materially breach any of its provisions, City, at City's option, may terminate this Agreement by giving written notification to Contractor. 3.3 Should City fail to pay Contractor all or any part of the compensation set forth in Attachment B of this Agreement on the date due, Contractor, at the Contractor's option, may terminate this Agreement if the failure is not remedied by the City within thirty (30) days from the date payment is due. 3.4 This Agreement shall terminate automatically on the occurrence of any of the following events: a) Bankruptcy of insolvency of either party; b) Sale of Contractor's business; or c) Death of Contractor 3.5 Time for executing contract: Upon receipt of a Notice to Proceed, the Contractor shall have a total of 60 (sixty) calendar days to complete the work as described herein. 4. Termination: 4.1 If, through any cause, CONTRACTOR, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this WWTP Lighting Conversions page 3 of 13 Project 6007-10186 Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if the City Council determines that termination of this Agreement is in the best interest of CITY, the CITY shall thereupon have the right to terminate this Agreement by giving written notice to CONTRACTOR of such termination and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. CONTRACTOR may terminate this agreement at any time by giving at least sixty (60) days notice to CITY. 4.2 In the event of any termination of this Agreement, all finished or unfinished documents, data, and reports prepared by CONTRACTOR under this Agreement shall, at the option of the CITY, become its property, and CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. 4.3 Notwithstanding the above, CONTRACTOR shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by CONTRACTOR, and the CITY may withhold any payments to CONTRACTOR for the purposes of set-off until such time as the exact amount of damages due the CITY from CONTRACTOR is determined. This provision shall survive the termination of this agreement and shall not relieve CONTRACTOR of its liability to the CITY for damages. Independent Contractor: 5.1 In all matters pertaining to this agreement, CONTRACTOR shall be acting as an independent contractor, and neither CONTRACTOR nor any officer, employee or agent of CONTRACTOR will be deemed an employee of CITY. Except as expressly provided in Attachment A, Contractor has no authority or responsibility to exercise any rights or power vested in the City and therefore has no authority to bind or incur any obligation on behalf of the City. The selection and designation of the personnel of the CITY in the performance of this agreement shall be made by the CITY. 5.2 Contractor, its agents, officers, and employees are and at all times during the term of this Agreement shall represent and conduct themselves as independent contractors and not as employees of the City. W WTP Lighting Conversions page 4 of 13 { Project 6007-10186 5.3 Contractor shall determine the method, details and means of performing the work and services to be provided by Contractor under this Agreement. Contractor shall be responsible to City only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of Contractor in fulfillment of this Agreement. If in the performance of this Agreement any third persons are employed by Contractor, such persons shall be entirely and exclusively under the direction and supervision and control of the Contractor. 5.4 EECBG GRANT REQUIREMENTS This project is being funded by an Energy Efficiency and Conservation Block Grant. The Davis-Bacon Act applies to this project and it is the responsibility of the Contractor to comply in all aspects of the law. This Request for Proposal and resulting contract, will besubject toHUD- 4010 Federal Labor Standards Provisions attached hereto as "Attachment B" and made a part hereof. Paragraph 2 on page 2 of 5 of HUD-4010 states that the City may withhold payment to Contractor for failure to pay wages when due. Davis-Bacon requires wages to be paid not less often than once a week. All subcontractors and any lower tier subcontractors are subject to the same Davis-Bacon Wage requirements as the general contractor. The wage rate decision for the area incorporating the City of Meridian may be found at the following web address: http://www.ppo.gov/davisbacon/I D. htm I HUD ACT -SECTION 3 All contracts and subcontracts that result from this proposal are subject to the following: A. The work to be performed under this contract is subject to the requirements of section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (section 3). The purpose of section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients b HUD assistance for housing. B. The parties to this contract agree to comply with HUD's regulations in 24 CFR part 135, which implement section 3. As evidenced by their execution of this contract, the parties fo this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations. WWTP Lighting Conversions page 5 of 13 Project 6007-10186 1' C. The contractor agrees to send to each labor organization or representative of workers with which the contractorhas a collective bargaining agreement or other understanding, ifany, a notice advising the labor organization or workers representative of the contractor's commitments underthis section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each o/ the positions; and the anticipated date the work shall begin. D. The contractor agrees to include this section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this section 3 clause, upon a finding that the subcontractoris in violation of the regulations in 24 CFR part 135. The contractor will not subcontract with anysubcontractortyhere the contractorhas notice orknowledge that the subcontractorhas been found in violation of the regulations in 24 CFR part 135. E. The contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of24 CFR part 135 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 CFR part 135. F. Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, termination b this contract for default, and debarment or suspension from /uture HUD assisted contracts. G. With respect to work performed in connection with section 3 covered Indian housing assistance, t section 7(b) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450e) a/so applies to the work to be pertormed under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities /or training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises. Parties to this contract that are subjectto the provisions of section 3 and section 7(b) agree to comply with section 3 to the maximum extentfeasible, butnotin derogation of compliance with section 7(b). 6. Indemnification and Insurance: CONTRACTOR shall indemnify and save and hold harmless CITY from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses and other costs including litigation costs and attorney's fees, arising out of, resulting from, or in connection with the performance of this Agreement by the CONTRACTOR, its servants, agents, officers, employees, guests, and business invitees, and not caused by or arising out of the tottious conduct of CITY or its employees. WWTP Lighting Conversions Project 6007-10186 shall be named an additional insured in the minimum amounts as follow: General Liability One Million Dollars ($1,000,000) per incident oroccurrence, page 6 of 13 Automobile Liability Insurance One Million Dollars ($1,000,000) per incident or occurrence and Workers' Compensation Insurance, in the statutory limits as required bylaw.. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless CITY; and if CITY becomes liable for an amount in excess of the insurance limits, herein provided, CONTRACTOR covenants and agrees to indemnify and save and hold harmless CITY from and for all such losses, claims, actions, or judgments for damages or injury to persons or property and other costs, including litigation costs and attorneys' fees, arising out of, resulting from , or in connection with the performance of this Agreement by the Contractor or Contractor's officers, employs, agents, representatives orsubcontractors and resulting in or attributable to personal injury, death, or damage ordestruction to tangible or intangible property, including use of. CONTRACTOR shall provide CITY with a Certificate of Insurance, or other proof of insurance evidencing CONTRACTOR'S compliance with the requirements of this paragraph and file such proof of insurance with the CITY at least ten (10) days prior to the date Contractor begins performance of it's obligations under this Agreement. In the event the insurance minimums are changed, CONTRACTOR shall immediately submit proof of compliance with the changed limits. Evidence of all insurance shall be submitted to the City Purchasing Agent with a copy to Meridian City Accounting, 33 East Broadway Avenue, Meridian, Idaho 83642. 6.2 Any deductibles, self-insured retention, or named insureds must be declared in writing and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such- deductibles, self-insured retentions or named insureds; or the Contractor shall provide a bond, cash or letter of credit guaranteeing payment of losses and related investigations, claim administration and defense expenses. 6.3 To the extent of the indemnity in this contract, Contractor's Insurance coverage shall be primary insurance regarding the City's elected officers, officials, employees and volunteers. Any insurance or self- insurance maintained by the City or the City's elected officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with Contractor's insurance except as to the extent of City's negligence. 6.4 The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. WWTP Lighting Conversions page 7 of 13 Project 6007-10786 6.5 All insurance coverages for subcontractors shall be subject to all of the insurance and indemnity requirements stated herein. 6.6 The limits of insurance described herein shall not limit the liability of the Contractor and Contractor's agents, representatives, employees or subcontractors. 7. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: City of Meridian Purchasing Agent 33 E. Broadway Avenue Meridian, Idaho 83642 Berry Electrical Services, Inc Attn: Shaunna Berrv 1299 N Black Cat Rd Meridian, ID 83642 208-898-0950 shaunna @ berrvelectrical. us Idaho Public Works License #: C-000841-C-4 Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. 8. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorneys' fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 9. Time is of the Essence: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, ahd a default under, this Agreement by the party so failing to perform. W WTP Lighting Conversions page 8 of 13 C Project 6007-10186 10. Assignment: It is expressly agreed and understood by the parties hereto, that CONTRACTOR shall not have the right to assign, transfer, hypothecate or sell any of its rights under this Agreement except upon the prior express written consent of CITY. 11. Discrimination Prohibited: In performing the Work required herein, CONTRACTOR shall not unlawfully discriminate in violation of any federal, state or local law, rule or regulation against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. 12. Reports and Information: 12.1 At such times and in such forms as the CITY may require, there shall be furnished to the CITY such statements, records, reports, data and information as the CITY may request pertaining to matters covered by this Agreement. 12.2 Contractor shall maintain all writings, documents and records prepared or compiled in connection with the performance of this Agreement for a minimum of four (4) years from the termination or completion of this or Agreement. This includes any handwriting, typewriting, printing, photo static, photographic and every other means of recording upon any tangible thing, any form of communication or representation including letters, words, pictures, sounds or symbols or any combination thereof. 13. Audits and Inspections: At any time during normal business hours and as often as the CITY may deem necessary, there shall be made available to the CITY for examination all of CONTRACTOR'S records with respect to all matters covered by this Agreement. CONTRACTOR shall permittheCITY to audit, examine, and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. 14. Publication, Reproduction and Use of Material: No material produced in whole or in part under this Agreement shall be subject to copyright in the United States or in any other country. The CITY shall have unrestricted authority to publish, disclose and otherwise use, in whole or in part, any reports, data or other materials prepared under this Agreement. WWTP Lighting Conversions page 9 of 13 Project 6007-10166 15. Compliance with Laws: In performing the scope of work required hereunder, CONTRACTOR shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. 16. Changes: The CITY may, from time to time, request changes in the Scope of Work to be performed hereunder. Such changes, including any increase or decrease in the amount of CONTRACTOR'S compensation, which are mutually agreed upon by and between the CITY and CONTRACTOR, shall be incorporated in written amendments which shall be executed with the same formalities as this Agreement. 17. Construction and Severability: If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. 18. Waiver of Default: Waiver of default by either party to this Agreement shall not be deemed to be waiver of any subsequent default. Waiver or breach of any provision of this Agreement shall not be deemed to be a waiver of any other or subsequent breach, and shall not be construed to be a modification of the terms of this Agreement unless this Agreement is modified as provided above. 19. Advice of Attorney: Each party warrants and represents that in executing this Agreement. It has received independent legal advice from its attorney's or the opportunity to seek such advice. 20. Entire Agreement: This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. 21. Order of Precedence: The order or precedence shall be the contract agreement, the Invitation for Bid document, then the winning bidders submitted bid document. 22. Applicable Law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. 23. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. WWTP Lighting Conversions page 10 of 13 Project 6007-10186 CITY OF MERIDIAN BY: TAM d WEERD, MAYOR Dated: G ~ a / - /l Approved by City BERRY ELECTRICAL SERVICES, INC BY: SHAUNNA BERRY, PRESIDE Dated: ~~~Jr~// JAYCEE L. H~L/ MAN, CITY CLERK ~ -y Approved as to Content ~; r\~\\~.~ur j=;1~ r,Rnent Approval / 1:~ ( :EITH ATTS, PURCHASING AGENT Dated: dS~l5` // Approved as to Form CITY ATTORNEY WWTP Lighting Conversions Project 6007-10186 NAME: Gai/ f-/nr~rrlp,dd TITLE: ffSS%S7A~~ S~,~r~~`~~-w o~; Dated: G ~~S/// T~ page 11 of 13 Attachment A SCOPE OF WORK REFER TO REQUEST FOR PROPOSAL PW-11-6007-10186 ALL ADDENDUMS, ATTACHMENTS, AND EXHIBITS included in the RFP # PW-11-6007-10186 and proposal dated 06-08-2011 by Shaunna Berry, are by this reference made a part hereof. In addition to the Tasks mentioned in Attachment B, the contractor agrees to participate in an Easy Upgrades pre-application meeting with Idaho Power and provide the technical information for the City to submit the application for a rebate. WWTP Lighting Conversions page 12 of 13 Project 6007-10186 Attachment B MILESTONE /PAYMENT SCHEDULE A. Total and complete compensation for this Agreement shall not exceed $16,000.00. TASK DESCRIPTION AMOUNT Item 1 Replace 59 light switches with Occupancy Sensors, $5,923.01 Leviton ODS101DW Retrofit 37 existing 4" T12 fixtures with T8 Ballast and $2 672 51 Item 2 Lamps, Advance ICN2P32SC and Phillips . F32T8TL850ALT0 Item 3 Replace 25 existing 8" T12 fixtures with 4" Tandem T8 $4,383.25 fixtures, Metalux BTSSF232UNVADVICN4P32SC Replace 8 existing 70 watt High Pressure Sodium 369 76 $1 Item 4 Exterior Fixtures with 28 watt Fluorescent fixtures, RAB , . W PTF28 Replace 2 existing 250 watt Metal Halide Exterior $541 04 Item 5 Fixtures with 56 watt Fluorescent fixtures, RAB . WPTF228 Item 6 Remove 46- T12 Lamps and 11- Te Lamps from Included in existin fixtures ro osal ricin Exterior Lighting -Retrofit 2 Parking Lot Pole Lights 43 $1 110 Item 7 with Induction. Provide and install 2 Sylvania Icetron . Induction Retrofit Kits TOTAL $16,000.00 Travel expenses will be paid at no more than the City of Meridian's Travel and Expense Reimbursement Policy. WWTP Lighting Conversions page 13 of 13 Project 6007-10186 Meridian City Council Meeting DATE: June 21, 2011 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Professional Services Agreement with Larry Limm for Marketing Consultation Services for the Mayor's Anti-Drug Coalition for an amount not to exceed $3,600.00 MEETING NOTES G~ ~`~/r~~ Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS PROFESSIONAL SERVICES AGREEMENT with LARRY LIMM for MARKETING CONSULTATION SERVICES This PROFESSIONAL SERVICES AGREEMENT with LARRY LIMM for MARKETING CONSULTATION SERVICES ("Agreement") is made this ~-- day of June, 2011 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, on behalf of the Mayor's Anti-Drug Coalition ("MADC") and Larry Limm, an individual person whose address is 5080 Baylor Lane, Meridian, Idaho ("Consultant"). MADC and Cohsultant may hereinafter be collectively referred to as "Parties." WHEREAS, the mission of the MADC is to work collaboratively within the community to implement innovative, sustainable prevention strategies to achieve its vision of freeing our community from the destructive effects of substance abuse; and WHEREAS, the MADC seeks to further its mission by working with Consultant to develop and implement marketing strategies to attract new members to MADC and foster community support for MADC; 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, the Parties agree as follows: I. SCOPE OF SERVICES. A. Marketing objectives. Consultant shall develop and implement marketing strategies designed specifically to attract new members to MADC, develop and increase community support for MADC, retain current MADC members, and cultivate long-term sustainability of MADC. B. Target audience. The marketing strategies Consultant develops shall be designed to advance the enumerated marketing objectives as to both the local community generally, as well as local youth specifically. C. Social networking. Consultant shall develop and implement a strategy for utilizing Internet technology and social networking websites to advance the enumerated mazketing objectives. D. Promotional materials. Consultant shall develop print and digital materials promoting MADC events and programs, on an as-needed basis,. to include at least three (3) MADC events and/or programs. E. Monthly commitment. In the performance of the services described herein, Consultant i ' shall commit to MADC three (3) hoars of labor per month, which labor is valued at the rate of three hundred dollars ($300.00) per hour. PROFESSIONAL SERVICES AGREEMENT-LARRY LIMM FOR MADC PAGE I Of G II. COMPENSATION. A. Compensation structure. MADC shall compensate Consultant for one (1) hour of labor provided each month for the term of this Agreement, which term shall be from October 2010 through September 2011. Consultant shall donate to MADC two (2) hours of labor monthly for the term of this Agreement. B. Total compensation. MADC shall make monthly payment to Consultant for services rendered pursuant to this Agreement, at the rate of three hundred dollars ($300.00) per month, for a term of twelve (12) months, in a total amount not to exceed $3,600.00. This amount shall constitute full compensation for any and all services, costs, and expenses related to this Agreement. C. Method of payment. Consultant shall provide MADC with a completed W-9 form and an invoice for services and/or deliverables provided, which City shall pay within thirty (30) days of receipt. MADC shall not withhold any federal or state income taxes or Social Security tax from any payment made by MADC to Consultant under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums shall be the sole responsibility of Consultant. III. TIME OF PERFORMANCE. A. Deadline. By 5:00 p.m. on Friday, September 23, 2011, Consultant shall complete the tasks enumerated in Section I of this Agreement, and shall deliver to MADC the completed promotional and marketing products and materials further enumerated in Section I. This deadline may be changed by written agreement of the Parties. B. Time of the essence. Consultant acknowledges that services provided 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. IV. CREATION. INTEGRITY, AND OWNERSHIP OF VIDEO PIECE. A. Intellectual property rights. MADC warrants that it is authorized and entitled to promote and advertise the City of Meridian and MADC and agrees to hold Consultant harmless of and from any copyright infringements arising out of or in any way caused or connective with the use of these names in marketing or promotional materials or efforts. Artwork and other deliverables, including, but not limited to, templates, logos, images, and/or graphics, designed and/or created by Consultant for MADC shall be the property of MADC upon delivery of same to MADC, and shall not be used by Consultant in any other project or context without written permission of MADC. It is recognized by the t Parties that MADC may use, copy, reproduce, reprint, display, distribute, and/or broadcast the promotional and marketing materials created by Consultant an unlimited PROFESSIONAL SERVICES AGREEMENT-LARRY LIMM FOR MADC PAGE 2 Of 6 t broadcast the promotional and marketing materials created by Consultant an unlimited number of times and via various media, including, but not limited to, in written or electronic correspondence, at public and private meetings and venues, and/or via Internet, television, or other electronic transmission or reproduction. B. Limited edition. Consultant warrants and represents that the promotional and marketing materials created pursuant to this Agreement have never heretofore been used, created, published, or copied and that Consultant is the sole creator of such materials, their components, and the design and creation thereof, inclusive. C. Subcontracting or assignment of obligations. Consultant shall not subcontract or assign any of his obligations under this Agreement that require or that may require his professional or creative talent or expertise. Consultant may subcontract or assign obligations that do not require his professional or creative talent or expertise, provided that any subcontractor or assignee shall be bound by all the terms and conditions of this Agreement. D. MADC to approve prior to distribution. Consultant shall obtain the approval of MADC prior to the release or distribution of any text, graphic, information, or other content via electronic means, including the Internet, a-mail, or social networking website. MADC shall timely provide review and, as appropriate, provide to Consultant MADC's approval or feedback regarding same prior to the release or distribution thereof. Following MADC's review and approval, Consultant shall not be held responsible for inaccurate information or content. V. INDEMNIFICATION, WAIVER, AND INSURANCE. A. Indemnification. Consultant shall indemnify, save, and hold harmless the City and any and all of its employees, agents, volunteers, and/or elected officials from any and all losses, claims, and judgments for damages or injury to persons or property, and from any and all losses and expenses caused or incurred by Consultant, its servants, agents, employees, guests, and/or business invitees while on MADC's and/or City's premises or while fulfilling Consultant's obligations under this Agreement. B. Waiver. Consultant waives any and all claims and recourse against MADC and/or City, including the right of contribution for loss and damage to persons or property arising from, growing out of, or in any way connected with or incident to Consultant's performance of this Agreement, whether such loss or damage may be attributable to known or unknown conditions, except for liability arising out of concurrent or sole negligence of MADC, City, or the officers; agents, or employees thereof. VI. TERMINATION AND COMPLAINT. t.. A. Termination for cause. If either Party determines that the other has failed to comply with any term or condition of this Agreement, violated any of the covenants, agreements, PROFESSIONAL SERVICES AGREEMENT-LARRY LIMM FOR MADC PAGE 3 Of 6 and/or stipulations of this Agreement, falsified any record or document required to be prepared under this Agreement, engaged in fraud, dishonesty, or any other act of misconduct in the performance of this Agreement; or if either Party willfully or negligently defaults in, or fails to fulfill, its material obligations under this Agreement, the other Party shall have the right to terminate the Agreement by giving written notice to the defaulting party of its intent to terminate, and shall specify the grounds for termination. The defaulting party shall have seven (7) days after receipt of such notice to cure the default. If the default is not cured within such period, this Agreement shall be terminated upon mailing of written notice of such termination by the terminating party. 1. Default by MADC. In the event of termination for non-performance or default by MADC, MADC shall compensate Consultant for work actually completed by Consultant prior to the date of written notice of termination, and any additional services and materials actually performed or supplied prior to the date of written notice of termination, less payments of compensation previously made, not to exceed the total amount of compensation allowed hereunder. 2. Default by Consultant. In the event of termination for non-performance or default by Consultant, all finished and unfinished materials, designs, graphics, plans, and/or any and all other work products prepared and submitted or prepared for submission under this Agreement shall, at MADC's option, become the property of MADC. Notwithstanding this provision, Consultant shall not be relieved of any liability for damages sustained by MADC attributable to Consultant's breach of this Agreement. MADC may reasonably withhold payments due until such time as the exact amount of damages due to MADC from Consultant is determined. B. Non-waiver of breach. Except as otherwise expressly stated in this Agreement, waiver of any breach or default of any provision of this Agreement shall not be construed as a waiver of a breach of the same or any other provision hereof. VII. GENERAL PROVISIONS. A. Response not guaranteed. Consultant does not guarantee public response to the promotional or marketing strategies and/or materials described herein; nor is Consultant responsible for the actions or performance of service providers including but not limited to those related to MADC's or any third party's website, server, television, radio, print, or publishing entity. B. Relationship of Parties. It is the express intention of Parties that Consultant is; and shall at all times relevant hereto be, an independent contractor and not an employee, agent, joint venturer, or partneYOf MADC or City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Consultant and MADC or City or between Consultant and any official, agent, or employee of MADC or City. Both parties acknowledge that Consultant is not PROFESSIONAL SERVICES AGREEMENT- LARRY LIMM FOR MADC - PAGE 4 of 6 an employee of MADC or City. Consultant shall retain the right to perform services for others during the term of this Agreement. C. Compliance with law. Throughout the course of this Agreement, Consultant shall comply with any and all applicable federal, state, and local laws. D. Non-discrimination. Throughout the course of this Agreement, Consultant shall not discriminate against any person as to race, creed, religion, sex, age, national origin, sexual orientation or any physical, mental, or sensory handicap. E. Entire Agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements, promises, or inducements made by either party, or by agents of either party, whether oral or written, whether previous to the execution hereof or contemporaneous herewith. The terms of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both Parties hereto. F. Costs and attorneys' fees. If either party brings any action or proceedings to enforce, protect or establish any right or remedy under the terms and conditions of this Agreement, the prevailing party shall be entitled to recover reasonable costs and attorneys' fees, as determined by a court of competent jurisdiction, in addition to any other relief awarded. C G. Agreement governed by Idaho law. The laws of the State of Idaho shall govern the validity, interpretation, performance and enforcement of this Agreement. Venue shall be in the courts of Ada County, Idaho. H. Cumulative rights and remedies. All rights and remedies herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law. Likewise, the exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of any other remedy. I. Interpretation. Words of gender used in this Agreement shall be held and construed to include any other gender, and words in the singular shall be held to include the plural and vice versa unless the context otherwise requires. The Agreement and the captions of the various sections of this Agreement are for convenience and ease of reference only, and do not define, limit, augment or describe the scope, context or intent of this Agreement or any part or parts of this Agreement. J. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the. remainder of this Agreement shall not be affected. K. Successors and assigns. All of the terms, provisions, covenants and conditions of this t Agreement shall inure to the benefit of, and shall be binding upon, each party and their successors, assigns, legal representatives, heirs, executors, and administrators. PROFESSIONAL SERVICES AGREEMENT -LARRY LIMM FOR MADC PAGE 5 OF 6 L. Notice. Any and all notice required to be provided by either of the Parties hereto, unless otherwise stated in this Agreement, shall be in writing and shall be deemed communicated upon mailing by United States Mail, addressed as follows: Consultant: MADC: Larry Limm City of Meridian 5080 N Baylor Lane Attn: Elisha Figueroa, MADC Meridian, ID 83646 1401 E. Watertower Ave. Meridian, Idaho 83642 Either party may change its address for the purpose of this paragraph by giving written notice of such change in the manner herein provided. M. City Council approval required. The validity of this Agreement shall be expressly conditioned upon City Council action approving the Agreement. Execution of this Agreement by the persons referenced below prior to such ratification or approval shall not be construed as proof of validity in the absence of Meridian City Council approval. IN WITNESS WHEliEOF, the parties hereto have executed this Agreement on the Glt` day of June, 2011. ~.a~~~un~,~ ~.~gQ. ~«...RCf'•... ~• CONSULTANT: .•' O ,,,,,,...~~~''' 9 ; '• 1 ~, TAR ~DN~WIISSIOTJ ~k~Pi~ La Limm MADC: BY: Tammy City of; ~~~~~ /~:Pa~T~ ~~ ~o sy PUB4~G ,;~TgrE OF 10 Attest: Jaycee man, City Clerk ~'-tia~, __ T, ~;~ ,~ c `o~ `%.,, „ AUNTY ~ „r" PROFESSIONAL SERVICES AGREEMENT -LARRY LIMM FOR MADC PAGE 6 of 6 Meridian City Council Meeting DATE: June 21, 2011 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Professional Services Agreement with Kevin Patrick Kirk, Inc. for Musical Talent for Concerts on Broadway for an amount not to exceed $3,500 MEETING NOTES ~/7~~~~ Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS PROFESSIONAL SERVICES AGREEMENT MUSICAL TALENT FOR CONCERTS ON BROADWAY This PROFESSIONAL SERVICES AGREEMENT -MUSICAL TALENT FOR CONCERTS ON BROADWAY ("Agreement') is made this 14th day of Iune, 2011 ("Effective Date"), by and between the City of Meridian, a municipal wrporation organized under the laws of the State of Idaho ("City") and Kevin Patrick Kirk, Inc., a corporation organized under the laws of the State of Idaho, whose address is 1606 N. 17th St., Boise, Idaho ("Promoter"). WHEREAS, the City desires that the plaza at Meridian City Hall serve as a place where members of the community can gather to enjoy downtown Meridian and to take part in the arts, and to that end, the Meridian Arts Commission is presenting Concerts on Broadway, a series of concerts to be held in the Meridian City Hall plaza during the summer; and WHEREAS, the Parties mutually desire to present, as part of Concerts on Broadway, the music of Kevin Kirk & Onomatopoeia, a seven-piece band specializing in the performance of jazz musio, with the Meridian Symphony Orchestra, an orchestra specializing in the performance of classical and instrumental music; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein wntained, the Parties agree as follows: t I. SCOPE OF SERVICES. A. Performance. Kevin Kirk & Onomatopoeia, with Meridian Symphony Orchestra, shall perform for the public approrrimately ten (10) songs, from 7:00 p.m. to at least 8:30 p.m., on Saturday, July 9, 2011, in the plaza at Meridian City Hall, at 33 E. Broadway, Meridian, Idaho, with one fifteen- minute break during this time. In case of inclement weather, the venue will be moved to an indoor location to be determined and agreed upon separately by the Parties. B. Sound system; set up and sound checks. City shall provide, set up, and operate any and all sound systems and equipment necessary to electronically amplify music and spoken announcements. City shall set up sound systems and/or related equipmem by 5:00 p.m. on July 9, 2011, and Kevin Kirk & Onomatopoeia may rehearse and/or perform sound checks at that time. All set-up, rehearsal, and/or sound checks shall be completed by 6:30 p_m. Kevin Kirk & Onomatopoeia will require one hour to complete setup and sound check prior to 6:30 p.m. C. Risers. If Promoter elects to use risers to elevate the musicians, Promoter shall provide and set up such risers, and shall utilize such materials necessary to protect City facilities from any and all damage therefrom. ! II. C:OMPF.NRATION_ A. Total amount. City shall make total payment to Promoter for services rendered pursuant to this PROFESSIONAL SERVICES AGREEMENT-KEVINKIRR/ONOMAIVPOE[A, CONCERTS ON BROADWAY PAGEIOfS Agreement in the amount of three thousand five hundred dollars ($3,500.00). This payment shall f " constitute fiill compensation from City to Promoter and/or to the members of Kevin Kirk & ` Onomatopoeia for any and all services, costs, and expenses related to services performed under this Agreement. Promoter and/or the respective members of Kevin Kirk & Onomatopoeia shall be responsible for payment of any and all taxes due and owing for payment received under this Agreement. B. Cancellation of event If Kevin Kirk & Onomatopoeia is present and prepared to perform at the time, date, and place, and in accordance with the terms set forth herein, City shall pay Promoter in the amount set forth herein, even if the event is cancelled due to unforeseen events not caused by Promoter or the members of Kevin Kirk & Onomatopoeia. Any decision regarding whether to cancel the performance shall be made no earlier than 6:30 p.m. on July 9, 2011. C. Method of payment Following the July 9, 2011 performance, Kevin Kirk shall provide City with a wmpleted W-9 form and an invoice for the amount of three thousand five hundred dollars ($3,500.00) for services provided, which City shall pay within thirty (30) days of receipt thereof. Payment of all taxes and other assessments on such sums shall be the sole responsibility of Promoter_ ~YEi~ A. Plaza. City shall provide for the performance the outdoor plaza on the east side of Meridian City Hall, 33 E. Broadway, Meridian, Idaho ("venue"), which is an outdoor, open, public venue. Promoter shall be solely responsible for any and all measures necessary to protect equipment, instruments, and Kevin Kirk & Onomatopoeia members from damage due to weather and other conditions that do or may exist. Members of the Meridian Symphony will be solely responsible for any and all measures necessary to protect their equipment, instruments, and persons from damage due to weather and other conditions that do or may exist. B. Public venue. Promoter acknowledges that the venue is a public place and that all members of the public shall be invited to attend. To this end, the members of Kevin Kirk & Onomatopoeia shall perform such material and in such a manner as shall be appropriate for all ages, values, and sensibilities. Kevin Kirk & Onomatopoeia's performance and attire shall not include language, attire, and/or behavior that is profane, sexual, violent, or discriminatory. C. City policy applies. Promoter and Kevin Kirk & Onomatopoeia shall comply with all City policies and codes applicable to use of City property and facilities, including, but not limited to, policies of the Meridian Parks and Recreation Department, and any requirements of the City Building Maintenance Technician, which requirements shall be reasonable and for the purpose of protecting City facilities and property- D. Photography and recording. City. shall be authorized to photograph, record, video tape, reproduce, trarrsmit, or disseminate, in or from the plaza, the performance solely for educational and public informafion purposes. City shall not be responsible for the actions of persons who are not under its employment or control. PROFESSIONAL SERVICES AGREEMENT- KEVM KIRK/ONOMATOPOEIA, CONCERr3 ON BROADWAY PAGE 2 OT 5 E. Merchandising. Promoter and/or Kevin Kirk & Onomatopoeia shall be authorized to sell albums and/or merchandising material at the performance, and may retain the proceeds of such sales. City respectfully requests that twenty percent (20%) of any proceeds from merchandise sold at the Concerts on Broadway event be voluntarily donated to the Meridian Arts Commission. Promoter and Kevin Kirk & Onomatopoeia shall be responsible for paying all sales and other taxes due and owing on the proceeds from merchandise sold. A. Time of the essence. Promoter acknowledges that services provided 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. See, e.g., section I.B., requiring one (1) hour of setup and sound check time prior to 6:30 p.m. B. Promotion of event. City shall promote the performance in community promotional materials and avenues, including the City newsletter, City website, Meridian Parks & Recreation Departrnent Activity Guide, and local. media and event calendars. Promoter may undertake additional promotional activities at his own expense and effort, subject only to the limitations set forth herein. City hereby wnveys to Promoter permission to use City's name in all forms and media and in all manners, without violafion of City's respective rights of privacy or any other rights City may possess in connection with its role in the production of Concerts on Broadway, except that City's logo may mt be used in any manner whatsoever without the express, written consem of the Mayor's Executive Assistant. To the extent practicable, Promoter shall be given the opportunity to review, for purposes of accuracy, and approve all promotional materials in advance of their publication, broadcast or dissemination. The band shall be listed as "Kevin Kirk & Onomatopoeia" in all promotional materials that are created by City or within the City's control. C. Subcontracting or assignment of obligations. Promoter shall not subcontract or assign any of the obligations of Kevin Kirk & Onomatopoeia under tlLis Agreement related to or that may relate to the band's talent or expertise. Promoter may subcontract or assign obligations that do not require the band's artistic talent or expertise, including, but not limited to, such obligations as transport and set-up of special equipment and/or instruments. Any subcontractor or assignee shall be bound by all the terms and conditions of this Agreement. D. Non-waiver of breach. A waiver of any breach or default of any provision of this Agreement shall not be wnstrued as a waiver of a breach of the same or any other provision hereof. E. Indemnification. Promoter shall, and hereby does, indemnify, save, and hold harmless the City and any and all of its employees, agents, vdunteers, and/or elected officials from any and all losses, claims, and judgments for damages or injury to persons or property, and from any and all losses and ~ expenses caused or incurred by Promoter and/or Kevin Kirk & Onomatopoeia, their assistants, servants, agents, employees, guests, and/or business invitees, in connection with this Agreement or activities related thereto. Promoter and each member of Kevin Kirk & Onomatopoeia acknowledge PROFESSIONAL SERVICES AGREEMENT-KEVINKIRK/ONOMATOPOEIA, CONCEALS ON BROADWAY PAGE30F5 that provision of the services described hereunder presents risks, some of which are unlmown, and do agree to assume all such known or unlmown risks. F. Waiver. Except as to rights held under the terms of this Agreement, Promoter and each member of Kevin Kirk & Onomatopoeia shall, and hereby do, waive any and all claims and recourse against City, including the right of contribution for loss and damage to persons or property arising from, growing out of, or in any way connected with or incident the performance of this Agreement, whether such loss or damage may be attributable to known or urdmown conditions, except for liabiiity arising out of concurrent or sole negligence of City or its officers, agents or employees. G. Relationship of Parties. Promoter and each member of Kevin Kirk & Onomatopoeia is an independent contractor and is not an employee, agent, joint venturer, or partner of City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Promoter or any member of Kevin Kirk & Onomatopoeia and City or any official, agent, or employee of City. Promoter and Kevin Kirk & Onomatopoeia shall retain the right to perform services for others during the term of this Agreemem. H. Compliance with law Throughout the course of this Agreement, Promoter and each member of Kevin Kirk & Onomatopoeia shall comply with any and all applicabie federal, state, and local laws. L Non-Discrimination. Throughout the course of this Agreement, neither Promoter nor any member of Kevin Kirk & Onomatopoeia shall discriminate against any person as to race, creed, religion, sex, age, national origin, sexual orientation or any physical, mental, or sensory handicap. J. Entire Agreement This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements, promises, or inducements made by either party, or agents of either party, whether oral or written, whether previous to the execartion hereof or contemporaneous herewith. The teens of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. K Costs and attorneys' fees. If either party bangs any action or proceedings to enforce, protect or establish any right or remedy under the terms and conditions of this Agreement, the prevailing party shall be entitled to recover reasonable costs and attorneys' fees, as determined by a court of competent jurisdiction, in addition to any other relief awazded. L. Agreement governed by Idaho Iaw. The laws of the State of Idaho shall govern the validity, interpretation, performance and enforcement of this Agreement. Venue shall be in the courts of Ada County, Idaho. 1~L Cumulative rights and remedies. All rights and remedies herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law. Likewise, the exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of any other remedy. N. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. PROFESSIONAL $ERV[CES AGREEMENT-KEVIN KIRK/ONOMATOPOEIA, CONCERTS ONBROADWAY PAGE40f5 O. Successors and assigns. All oftheterms, provisions, covenants and conditions of this Agreement shall imrre to the bene&t of, and shall be binding upon, each party and their suocessors, assigns, legal representatives, heirs, executors, and administrators. P. Notice. Any and all notice required to be provided by either of the Parties hereto, unless otherwise stated in this Agreement, shall be in writing and shall be deemed communicated upon mailing by United States Mail, addressed as follows: ~~ Promoter: City of Meridian Kevin Kirk for Kevin Patrick Kirk, Incorporated Emily Kane, Deputy City Attorney 1606 N. 17th St. 33 E. Broadway Avenue Boise, Idaho 83702. Meridian, Idaho 83642 Phone: (208) 761-7536 Phone: (208) H98-5506 E-mail: kevinldrlanusic@gmail.com E-mail ekane@meridiancity.org Either party may change its address for the purpose of this section by giving written notice of such change in the manner herein provided. Q. Warranty of authority. Promoter expressly warrants that, to the extent set forth herein, he is duly authorized to act as the representative and agent of Kevin Kirk & Onomatopoeia and each and every member thereof. Promoter further warrants that he is authorized to bind Kevin Kirk & Onomatopoeia and its members to the obligations set forth herein, and to accept the liabilities as established herein on behalf of Kevin Kirk & Onomatopoeia and its members. R City Council approval required. The validity of this Agreement shall be expressly conditioned upon City Council action approving the Agreement. Execution of this Agreement by the persons referenced below prior to such ratification or approval shall not be construed as Proof of validity in the absence of Meridian City Council approval. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the 14th day of June, 2011. PROMOTER: Kevin Kirk, President' Kevin Patrick Kirk, Inc. CITY OF MERIDIAN: \, BY: Tammy PROFESSIONAL SERVICES ,s~ pF ;~EF,p~~~~r'/ U \A anP~ TF0 _ t;~~3~ ~ rb.~~:~.d.e Mayor CoU~ST`l . City Clerk CONCERTS ON BROADWAY PAGE 5 Or 5 Meridian City Council Meeting DATE: June 21, 2011 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: First Addendum to the Whitman & Associates, Inc. Professional Services Contract 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 C~iVI. E IDIAN~-- IDAHO Development Services Division Meridian City Hall, Suite 102 33 E. Broadway Avenue Meridian, Idaho 83642 Memorandum TO: Mayor Tammy de Weerd Members of the City Council FROM: Bruce Freckleton, Development Services Manager DATE: 6/10/2011 SUBJECT: FIRST ADDENDUM TO THE WHITMAN & ASSOCIATES, INC. PROFESSIONAL SERVICES CONTRACT The Development Services Division of the Public Works Department respectfully requests the following item be placed on the June 21, 2011 City Council Consent Agenda, for Council's consideration: I. DESCRIPTION The City of Meridian entered into a Professional Services Contract with Whitman & Associates, Inc. on November 24, 2009 for the provision of building inspection and plan review services for structures constructed within the City of Meridian. This contract generally specifies that the City of Meridian will provide computers as maybe necessary for contractor to carry out the dai]y activities for issuance of permits, receiving and distributing inspection requests, and public assistance. With the purchase and implementation of the new Accela software system, new mobile tablet devices are being issued to Whi[man & Associates, Inc. that will enable them to carry out their responsibilities in a greatly enhanced fashion. The intent of this Addendum is to memorialize that the equipment being provided is city property, the condition of the hazdware is new, and that the hardware shall be returned upon contract termination (Please see attached Addendum for specific language). II. REQUESTED ACTION Approve and authorize the Mayor to sign the Addendum and the City Clerk to Attest III. DEPARTMENT CONTACT PERSONS Bruce Freckleton, Development Services Manager 489-0362 Brent Bjornson, Building Plans/Inspection Coordinator 489-0304 Submitted for Council Agenda: -~b -~ ~ Bruce n, Dev ment Services Manager Date FIR5T ADDENDUM TO PROFESSIONAL SERVICES CONTRACT This FIRST ADDENDUM TO PROFESSIONAL SERVICES CONTRACT is made this ~Lday of ('" June, 2011, by and between City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and Whitman and Associates, Inc., a corporation organized under the laws of the State of Idaho, whose address is 8124 West Blackberry, Boise, Idaho ("Contractor"). WHEREAS, City and Contractor entered into a Professional Services Contract on November 24, 2009 ("November 24, 2009 Contract"); WHEREAS, City has purchased three (3) mobile tablet personal computers and peripherals, as set forth in Exhibit A hereto ("Hardware"), for the purpose of enabling remote connectivity between Contractor and City enterprise database software and performing other related business on behalf of City; and WHEREAS, it is City's intention that such Hardware be deployed to Contractor for this purpose while remaining the property of City; NOW, THEREFORE, in consideration of the foregoing, City and Contractor hereby agree as follows: A. City property. The Hardware is and shall remain the property of City. The Hardware is issued to Contractor for the sole purpose of conducting professional City business under the November 24, 2009 Contract, all terms and conditions of which are incorporated herein by reference as though set forth fully herein. All applicable City Standard Operating Procedures shall apply to Contractor's use of the Hardware; additionally, no personal electronic files of any kind maybe stored on the Hardware. B. Condition of Hardware. Contractor shall take all necessary measures to maintain Hardware in good ' . working condition. City or City's agent shall perform all necessary maintenance and repair of Hardware. Contractor shall reimburse City for the cost of any major repair or replacement of Hardware that is or becomes necessary due to loss, theft, or damage, regardless of cause, except that City shall be responsible for the cost of replacing Hardware where necessary due to internal component failure. C. Return of Hardware. Hardware shall be immediately returned to City in good working condition upon termination or expiration of the November 24, 2009 Contract. D. Contract effective. That, except as expressly modified by this Addendum, all provisions of the November 24, 2009 Contract shall remain in full force and effect. No other understanding, whether oral or written, whether made prior to or contemporaneously with this Addendum, shall be deemed to enlarge, limit or otherwise affect the operation of the November 24, 2009 Contractor this addendum thereto. IN WITNESS WHEREOF, the parties shall cause this Addendum to be executed the date first above written. CONTRACTOR: CITY OF MERIDIA BY~ ~ ~ <<u,u~u~,~Y; Daunt Whitman, President ~\~~ ~ ~~~~e~,, Thom H. arry, a rc r. _ ~~33~~'' Ta%Hmy e eerd, Mayor y~z'%~e r, Attu ~" '`~' ayce olman, City Clerk :~ t*~~ ~~ FIRST ADDENDUM TO PROFESSIONAL SERVICES COtf"P~IF~A~T_ V~`,~•~ PAGE 1 OF 2 Exhibit A =~ p uT~g 3o-T'k ~. .e>; r , ~~~`tL~bF] ~~~ ~r1U~er ,t ds_z _ ~.~ ~jT,r- ~ .F -S~~ ~~°. <'f#~~~~ ~?~L'~.&`~" ,j5 ;: ~... ; "K$, ~ 3t ~ z '~h t F `3~~~v'„c~ 24~E~s~~3,~~^'Y_ ~ ~_. :'4~F S ~Z/ R 4,~ ~ fl~° n.-L 11.2' A~ `~h Y~ "W~ (~'i 100566 BLDG100566 Tablet PC -Motion Computing J3500 with CD Reader/Writer Tablet PC Batteries (2 - 30WHr ca acit Tablet PC Soft Case Tablet PC Dockin Station for J3500 with (2) cables HP Mobile Printer - Office'et 100 HP Smart Power Adaptor -Car - 90 Watt HP Mobile Printer/Notebook C 'n Case r' ,~ 100558 BLDG100558 Tablet PC -Motion Computing J3500 with CD Reader/Writer Tablet PC Batteries (2) - 30WHr capacit Tablet PC Soft Case Tablet PC Dockin Station for J3500 with (2) cables HP Mobile Printer - Officejet 100 HP Smart Power Ada for -Car - 90 Watt HP Mobile Printer/Notebook Carryin Case 100554 BLDG100554 - ~ ~~~ Tablet PC -Motion Computing J3500 with CD Reader/Writer Tablet PC Batteries (2) - 30WHr ca acit Tablet PC Soft Case Tablet PC Dockin Station for J3500 with (2) cables HP Mobile Printer - Officejet 100 HP Smart Power Ada for -Car - 90 Watt HP Mobile Printer/Notebook Carryin Case FIRST ADDENDUM TO PROFESSIONAL SERV ICES CONTRACT PAGE 2 OF 2 Meridian Cify Council Meeting TF• .lone 21.2011 ITEM TITLE: PROJECT NUMBER: First Addendum to the RIMI, Inc. Professional Services Contract MEETING NOTES Community ItemlPresentations Presenter Contact Info.INotes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ITEM NUMBER: ~~iVl E IDIAN~-- IDAHO Development Services Division Meridian City Hall, Suite 102 33 E. Broadway Avenue Meridian, Idaho 83642. Memorandum TO: Mayor Tammy de Weerd Members of the City Council FROM: Bruce Freckleton, Development Services Manager DATE: 6/10/2011 SUBJECT: FIRST ADDENDUM TO THE RIMI, INC. PROFESSIONAL SERVICES CONTRACT The Development Services Division of the Public Works Department respectfully requests the following item be placed on the June 21, 2011 City Council Consent Agenda, for Council's considerafion: I. DESCRIPTION The City of Meridian entered into a Professional Services Contract with RIMI, Inc. on November 24, 2009 for the provision of mechanical inspection and plan review services for structures constructed within the City of Meridian. This contract generally specifies that the City of Meridian will provide computers as may be necessary for contractor to carry out the daily activities for issuance of permits, receiving and distributing inspection requests, and public assistance. With the purchase and implementation of the new Accela software system, new mobile tablet devices are being issued to ItIMI, Inc. that will enable them to carry out their responsibilities in a greatly enhanced fashion. The intent of this Addendum is to memorialize that the equipment being provided is city property, the condition of the hardware is new, and that the hardware shall be returned upon contract termination (Please see attached Addendum for specific language). II. REQUESTED ACTION Approve and authorize the Mayor to sign the Addendum and the City Clerk to Attest III. DEPARTMENT CONTACT PERSONS Bruce Freckleton, Development Services Manager 489-0362 Brent Bjornson, Building Plans/Inspection Coordinator 489-0304 Submitted for Council Agenda: Bruce F eton, evelopment Services Manager 10-I1 Date Meridian City Council Meeting DATE: June 21, 2011 ITEM NUMBER: PROJECT NUMBER: ITfrnn rlri t=~ First Addendum to the Harold's Electric Company, Inc. Professional Services Contract 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 ~~iQ/rE IDIAN~-- ioaHo Development Services Division Meridian City Hall, Suite 102 33 E. Broadway Avenue Meridian, Idaho 83642 Memorandum TO: Mayor Tammy de Weerd Members of the City Council FROM: Bruce Freckleton, Development Services Manager DATE: 6/10/2011 SUBJECT: FIRST ADDENDUM TO THE HAROLD'S ELECTRIC COMPANY, INC. PROFESSIONAL SERVICES CONTRACT The Development Services Division of the Public Works Department respectfully requests the following item be placed on the June 21, 2011 City Council Consent Agenda, for Council's consideration: L DESCRIPTION The City of Meridian entered into a Professional Services Contract with Harold's Electric Company, Inc. on November 24, 2009 for the provision of electrical inspection and plan review services for structures constructed within the City of Meridian. This contract generally specifies that the City of Meridian will provide computers as maybe necessary for contractor to carry out the daily activities for issuance of permits, receiving and distributing inspection requests, and public assistance. With the purchase and implementation of the new Accela software system, new mobile tablet devices are being issued to Harold's Electric Company Inc. that will enable them to carry out their responsibilities in a greatly enhanced fashion. The intent of this Addendum is to memorialize that the equipment being provided is city property, the condition of the hardware is new, and that the hardware shall be returned upon contract termination (Please see attached Addendum for specific language). II. REQUESTED ACTION Approve and authorize the Mayor to sign the Addendum and the City Clerk to Attest III. DEPARTMENT CONTACT PERSONS Bruce Freckleton, Development Services Manager 489-0362 Brent Bjornson, Building Plans/Inspection Coordinator 489-0304 Submitted for Council Agenda: ~-~ b - ~ ~ Bruce Frec evelo nt Services Manager Date FIRST ADDENDUM TO PROFESSIONAL SERVICES CONTRACT This FIRST ADDENDUM TO PROFESSIONAL SERVICES CONTRACT is made this ~~day of tune, 2011, by and between City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and Harold's Electric Company, Inc., a corporation organized under the laws of the State of Idaho, whose address is 701 Monte Vista #88, Emmett, Idaho 83617 ("Contractor"). WHEREAS, City and Contractor entered into a Professional Services Contract on November 24, 2009 ("November 24, 2009 Contract"); WHEREAS, City has purchased two (2) mobile tablet personal computers and peripherals, as set forth in Exhibit A hereto ("Hardware"), for the purpose of enabling remote connectivity between Contractor and City enterprise database software and performing other related business on behalf of City; and WHEREAS, it is City's intention that such Hardware be deployed to Contractor for this purpose while remaining the property of City; NOW, THEREFORE, in consideration of the foregoing, City and Contractor hereby agree as follows: A. City property. The Hardware is and shall remain the property of City. The Hardware is issued to Contractor for the sole purpose of conducting professional City business under the November 24, 2009 Contract, all terms and conditions of which are incorporated herein by reference as though set forth fully herein. All applicable City Standard Operating Procedures shall apply to Contractor's use of the Hardware; additionally, no personal electronic files of any kind maybe stored on the Hardware. 3. Condition of Hardware. Contractor shall take all necessary measures to maintain Hardware in good working condition. City or City's agent shall perform all necessary maintenance and repair of Hardware. Contractor shall reimburse City for the cost of any major repair or replacement of Hardware that is or becomes necessary due to loss, theft, or damage attributable to Contractor's negligence, except that City shall be responsible for the cost of replacing Hardware where necessary due to internal component failure. C. Return of Hardware. Hardware shall be immediately returned to City in good working condition upon termination or expiration of the Noverber 24, 2009 Contract. D. Contract effective. Tlrat, except as expressly modified by this Addendum, all provisions of the November 24, 2009 Contract shall remain in full force and effect. No other understanding, whether oral or written, whether made prior to or contemporaneously with this Addendum, shall be deemed to enlarge, limit or otherwise affect the operation ofthe-November 24, 2009 Contract or this addendum thereto. IN WITNESS WHEREOF, the parties shall cause this Addendum to be executed the date first above written. CONTRACTOR: CITY OF MERIDIA By: ,,,; a i, ~Yi m Welch, Vice President ~,F ~` U( f~t~,~kz' j'~~}?omas .Barry, Public Work i ctor V ~,3,.r By i~ Yf amiiy e eerd, Mayor ~ti.., r. ,i __ r. Attes~`' " ~ u~ ~ ~ olman City Clerk FIRST ADDENDUM TO PROFESSIONAL SERV ICES COTd-TR`p~q;. " PAGE 1 OF 2 '~. ~-L'S.: - Exhibit A 'T c~'_ ~ P 'C- t ~~ +"y sf'W.t~ y 3 `~ 'xifl` ~y' ~Jh{T~, ES ~Nd ~.~.3 ~_~- s~•~: ]09007 BLDG ] 09007 Tablet PC -Motion Computing 73500 with CD Reader/Writer Tablet PC Batteries (2) - 30WHr ca acit Tablet PC Soft Case Tablet PC Dockin Station for J3500 with (2) cables HP Mobile Printer - Office'et 100 HP Smart Power Ada for -Car - 90 Watt HP Mobile P~inter/Notebook Carrying Case ~ `~ T~g x a~~t~i11Jn~ ~F'7ilt- £_- i'~~4i~4 ~~Z, ~~$ti' i S~ ~ .~ 100564 BLDG100564 Tablet PC -Motion Computing J3500 with CD Reader/Writer ~-. Tablet PC Batteries 2) - 30WHr ca acity Tablet PC Soft Case Tablet PC Dockin Station for J3500 with (2 cables HP Mobile Printer - Officejet 100 HP Smart Power Adaptor -Car - 90 Watt HP Mobile Printer/Notebook Ca 'ug Case FIRST ADDENDUM TO PROFESSIONAL SERV ICES CONTRACT PAGE ~ OF 2 Meridian City Council Meeting DATE: June 21, 2011 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: First Addendum to the DMH Enterprises Professional Services Contract MEETING NOTES 0~ 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~-- Development Services Division ~- Meridian City Hall, Suite 102 IDAHO 33 E. Broadway Avenue Meridian, Idaho 83642 Memorandum TO: Mayor Tammy de Weerd Members of the City Council FROM: Bruce Freckleton, Development Services Manager DATE: 6/10/2011 SUBJECT: FIRST ADDENDUM TO THE DMH ENTERPRISES PROFESSIONAL SERVICES CONTRACT The Development Services Division of the Public Works Department respectfully requests the following item be placed on the June 21, 2011 City Council Consent Agenda, for Council's consideration: I. DESCRIPTION The City of Meridian entered into a Professional Services Contract with DMH Enterprises on November 24, 2009 for the provisipn of plumbing inspection and plan review services for structures constmcted within the City of Meridian. This contract generally specifies that the City of Meridian will provide computers as may be necessary for contractor to carry out the daily activities for issuance of permits, receiving and distributing inspection requests, and public assistance. With the purchase and implementation of the new Accela software system, new mobile tablet devices are being issued to DMH Enterprises that will enable them to carry out their responsibilities in a greatly enhanced fashion. The intent of this Addendum is to memorialize that the equipment being provided is city property, the condition of the hardware is new, and that the hardware shall be returned upon contract termination (Please see attached Addendum for specific language). II. REQUESTED ACTION Approve and authorize the Mayor to sign the Addendum and the City Clerk to Attest III. DEPARTMENT CONTACT PERSONS Bruce Freckleton, Development Services Manager 489-0362 Brent Bjornson, Building Plans/Inspection Coordinator 489-0304 Submitted far Council Agenda: t ~'~~^~ Brace Fr on, De 1 pment Services Manager Date FH2ST ADDENDUM TO PROFESSIONAL SERVICES CONTRACT This FIRST ADDENDUM TO PROFESSIONAL SERVICES CONTRACT is made this ~Lday of June, ?Ol 1, by and between City of Meridian, a municipal corporation organized under the laws of the State of Idaho ' ("City"), and DMH Enterprises, an assumed business name organized under the laws of the State of Idaho, whose address is 1116 N Dawn Drive, Boise, Idaho 83713 ("Contractor"). WHEREAS, City and Contractor entered into a Professional Services Contract on November 24, 2009 ("November 24, 2009 Contract"); WHEREAS, City has purchased Two (2) mobile tablet personal computer and peripherals, as set forth in Exhibit A hereto ("Hardware"), for the purpose of enabling remote connectivity between Contractor and City enterprise database software and performing other related business on behalf of City; and WHEREAS, it is City's intention that such Hardwaze be deployed to Contractor for this purpose while remaining the property of City; NOW, THEREFORE, in consideration of the foregoing, City and Contractor hereby agree as follows: A. City property. The Hardware is and shall remain the property of City. The Hardware is issued to Contractor for the sole purpose of conducting professional City business under the November 24, 2009 Contract, all terms and conditions of which are incorporated herein by reference as though set forth fully herein. All applicable City Standard Operating Procedures shall apply to Contractor's use of the Hardware; additionally, no personal electronic files of any kind may be stored on the Hardware. ~" B. Condition of Hardware. Contractor shall take all necessary measures to maintain Hardware in good working condition. City or City's agent shall perform all necessary maintenance and repair of Hardware. Contractor shall reimburse City for the cast of any major repair or replacement of Hardware that is or becomes necessary due to loss, theft, or damage, regardless of cause, except that City shall be responsible for the cost of replacing Hardware where necessary due to internal component failure. C. Return of Hardware. Hardware shall be immediately returned to City in good working condition upon termination or expiration of the November 24, 2009 Contract. D. Contract effective. That, except as expressly modified by this Addendum, all provisions of the November 24, 2009 Contract shall remain in full force and effect. No other understanding, whether oral or written, whether made prior to or contemporaneously with this Addendum, shall be deemed to enlarge, limit or otherwise affect the operation of the November 24, 2009 Contract or this addendum thereto. IN WITNESS WHEREOF, the parties shall cause this Addendum to be executed the date first above written. CONTRACTOR: CITY OF MERIDIAN: By' ~,„~~~xr Dennis Holte ~~~~~`' O.i~ ,,;lw~,i,'yT')}oi H. Barry, Pu rc or1 ' ector ~; ~y..,~, ,y„ _\ ~ T mm~ e eerd, Mayor ,Attest:. " _ ~ ~. "-> ~F~l:r~, ~_ ;,, t , ~ ~e olman, City Clerk ryry ~_~ FIRSTADDENDUM TO PROFESSIONAL SERVICES COIJ'FjLA~T ~()a ``~ PAGEIOF2 Exhibit A °~)v~D Tag ~ n ~S~~ntling ~ Y~ ~ K ; ~ 5 ' ~~ £~ ~ E~krt tt~~<~~~`~~ ~ ~ z ' *~ ~ ~ `fi ~~~~ l~In er~ ~ S sF x`" <~V i `x~ ~ ~ ,~, ~l`~~~ ~~ ~ ~ ~t r~ r~~~ 'u = , - i . _ 100555 BLDG100555 Tablet PC -Motion Computing J3500 with CD Reader/Writer Tablet PC Batteries (2) - 30WHr ca acit Tablet PC Soft Case Tablet PC Dockin Station for J3500 with 2) cab]es HP Mobile Printer - Office'et 100 HP Smart Power Adaptor -Car - 90 Watt HP Mobile Printer/Notebook Carryin Case ?i ] 00568 ~ ms's ce z~,.. e ~ ~ ,~ ~- ~ = ~ ~ ` ~ ~.. . ~~ ~,u,T , _ ~ .=~' Tablet PC -Motion Computing J3500 with CD Reader/Writer Tablet PC Batteries (2) - 30WHr ca acity Tablet PC Soft Case Tablet PC Dockin Station for J3500 with (2) cables HP Mobile Printer - Office'et 100 HP Smazt Power Adaptor -Car - 90 Watt HP Mobile Printer/Notebook Carryin Case FIRST ADDENDUM TO PROFESSIONAL SERVICES CONTRACT' PAGE 2 OF 2 Meridian City Council Meeting DATE: June 21, 2011 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: First Addendum to the Jackson Code Consultants, Inc. Professional Services Contract 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 ~~iVl. E IDIAN~-- IDAHO Development Services Division Meridian City Hall, Suite 102 33 E. Broadway Avenue Meridian, Idaho 83642 Memorandum TO: Mayor Tammy de Weerd Members of the City Council FROM: Bruce Freckleton, Development Services Manager DATE: 6/10/2011 SUBJECT: FIRST ADDENDUM TO THE JACKSON CODE CONSULTANTS, INC. PROFESSIONAL SERVICES CONTRACT The Development Services Division of the Public Works Department respectfully requests the following item be placed on the June 21, 2011 City Council Consent Agenda, for Council's consideration: I. DESCRIPTION The City of Meridian entered into a Professional Services Contract with Jackson Code Consultants, Inc. on November 24, 2009 for the provision of fire inspection and plan review services for structures constructed within the Ciry of Meridian. This contract generally specifies that the City of Meridian will provide computers as may be necessary for contractor to carry out the daily activities for issuance of permits, receiving and distributing inspection requests, and public assistance. With the purchase and implementation of the new Accela software system, new mobile tablet devices are being issued to Jackson Code Consultants, Inc, that will enable them to carry out their responsibilities in a greatly enhanced fashion. The intent of this Addendum is to memorialize that the equipment being provided is city property, the condition of the hardware is new, and that the hardware shall be returned upon contract termination (Please see attached Addendum for specific language). II. REQUESTED ACTION Approve and authorize the Mayor to sign the Addendum and the City Clerk to Attest III. DEPARTMENT CONTACT PERSONS Bruce Freckleton, Development Services Manager 489-0362 Brent Bjornson, Building Plans/Inspection Coordinator 489-0304 Submitted for Council Agenda: '~ ~-~0~~ Bruce Freckleton, Development Services Manager Date FIRST ADDENDUM TO PROFESSIONAL SERVICES CONTRACT This FIRST ADDENDUM TO PROFESSIONAL SERVICES CONTRACT is made this ~~_day of ~ Tune, 2011, by and between City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and Jackson Code Consultants, Inc., a corporation organized under the laws of the State of Idaho, whose address is 3006 E. Goldstone Drive, Suite 106, Meridian, Idaho 83642 ("Contractor"). WHEREAS, City and Contractor entered into a Professional Services Contract on November 24, 2009 ("November 24, 2009 Contract"); WHEREAS, City has purchased Two (2) mobile tablet personal computer and peripherals, as set forth in Exhibit A hereto ("Hardware"), for the purpose of enabling remote connectivity between Contractor and City enterprise database software and performing other related business on behalf of City; and WHEREAS, it is City's intention that such Hardware be deployed to Contractor for this purpose while remaining the property of City; NOW, THEREFORE, in consideration of the foregoing, City and Contractor hereby agree as Follows: A. City property. The Hardware is and shall remain the property of City. The Hardware is issued to Contractor for the sole purpose of conducting professional City business under the November 24, 2009 Contract, all terms and conditions of which are incorporated herein by reference as though set forth fully herein. All applicable City Standard Operating Procedures shall apply to Contractor's use of the Hardware; additionally, no personal electronic files of any kind may be stored on the Hardwaze. ~. Condition of Hardware. Contractor shall take all necessary measures to maintain Hazdwaze in good working condition. City or City's agent shall perform all necessary maintenance and repair of Hazdwaze. Contractor shall reimburse City for the cost of any major repair or replacement of Hardware that is or becomes necessary due to loss, theft, or damage, regardless of cause, except that City shall be responsible for the cost of replacing Hardware where necessary due to internal component failure. C. Return of Hardware. Hardware shall be immediately returned to City in good working condition upon termination or expiration of the November 24, 2009 Contract. D. Contract effective. That, except as expressly Inodified by this Addendum, all provisions of the November 24, 2009 Contract shall remain in full force and effect. No other understanding, whether oral or written, whether made prior to or contemporaneously witlr this Addendum, shall be deemed to enlarge, limit or otherwise affect the operation of the November 24, 2009 Contract or this addendum thereto. IN WITNESS WHEREOF, the parties shall cause this Addendum to be executed the date first above written. CONT O . By: Rick Jack n resident ,.~"""`'""'r' ` ~~ f',~Ctil~r,'t'f~,~ F ..;r~ v ~` 1` ~: 1' Wis. a,.;..~,.__~ FIRST ADDENDUM TO PROFESSIONAL PAGE 1 OF 2 Exhibit A ~ ~ e~ dry, =. ~ u~:t ~r~, -~,a ~ ~:~s`«.~rs ~. = 5~;~~~~~``~°~`~~~ 109006 BLDG109006 _ Tablet PC -Motion Computing J3500 with CD Reader/Writer Tablet PC Batteries (2) - 30WHr capacity Tablet PC Soft Case Tablet PC Docking Station for J3500 with (2) cables HP Mobile Printer - Officejet 100 HP Smart Power Adaptor -Car - 90 Watt HP Mobile Printer/Notebook Carrying Case /,. ~:~~ 109005 ~ w3'a Q ~ ~ ~ -.€~ ~ ~' k {*l~" - s Cam"' ~ v s.-:-.'3, ~, ~~ F. a~~ ~~? ~.e:. ~~-fi X. ,~~]~~`jYtq mss' a¢a~ ~~.I~ Tablet PC -Motion Computing J3500 with CD Reader/Writer Tablet PC Batteries (2) - 30WHr ca acit Tablet PC Soft Case Tablet PC Docking Station for J3500 with 2 cables HP Mobile Printer - Officejet 100 HP Smart Power Adaptor -Car - 90 Watt HP Mobile Printer/Notebook Ca ~n Case FIRST ADDENDUM TO PROFESSIONAL SERVICES CONTRACT PAGE 2 OF 2 Meridian City Council Meeting DATE: June 21.2011 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Public Works Department: Donation to Meridian Food Bank MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes Confirmed with Tom Barry at 9:30 am on 6/20/2011 that PW staff contacted the Food Bank and the Exectutive Director will be at Council to accept the donation CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: June 21, 2011 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Appreciation Presentation to Anna Canning, Planning Director, for Years and Dedication of Service 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: June 21, 2011 ITEM NUMBER: 7 PROJECT NUMBER: ITEM TITLE: Item Moved From Consent Agenda MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: June 21, 2011 ITEM NUMBER: $A PROJECT NUMBER: ZOA 11-002 ITEM TITLE: UDC Text Amendment Public Hearing: ZOA 11-002 Unified Development Code (UDC) Text Amendment by City of Meridian Public Works Department Request: Amend the Surety Section, UDC 1 1- SC to Include Clarifications, Increase Surety Amounts and to Provide for Bonds as a Form of Surety MEETING NOTES ~B~.~F ~ ~~~i/ 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 CITY COUNCIL PUBLIC HEARING SIGN-UP SHEET DATE June 21, 20'1'1 ITEM # PROJECT NUMBER 8A ZOA 11-002 PROJECT NAME UDC Text Amendment PLEASE PRINT NAME FEE JUN 71 2011 FOR I AGAINST I NEUTRALI CITY OF Meridian City Council Meeting DATE: June 21, 2011 ITEM NUMBER: $B PROJECT NUMBER: ITEM TITLE: Public Comment: Ordinance No. - /y An Ordinance of the City of Meridian, Enacting a New Section, Title 8, Chapter b, Section 2, Relating to Performance and Warranty Surety for Public Infrastructure (First Reading) MEETING NOTES Ce p /Z~ZO/~ 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 CITY COUNCIL PUBLIC HEARING SIGN-UP SHEET DATE JUII@ 2'I, 2~'I'I ITEM # $B PROJECT NUMBER 1st Reading -Proposed Ordinance No. 11-1485 Relating to Performance Warranty Surety for PROJECT NAME Public Infrastructure PLEASE PRINT NAME FOR AGAINST NEUTRAL ~,~'EI~FTI JUN 2 1 2011 CITY OFCY~C~~;^; ~~ Meridian City Council Meeting DATE: June 21, 2011 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Public Hearing: CDBG Program Year 201 1 (PY201 1 ~ Draft Annual Action Plan-Open Public Hearing and Comment Period MEETING NOTES ~, ~~~~~~ ~~ Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN CITY COUNCIL PUBLIC HEARING SIGN-UP SHEET DATE June 21, 201'1 ITEM # PROJECT NUMBER PROJECT NAME 8C CDBG PY2011 Draft Annual Action Plan NT NAME I FOR I AGAINST I NEUTRALI CITY CLERKS O ECEIVE ' ~ ~;~ R D ' JUN 21 2011 United Way of Treasure Valley CITYOFGCCe ID~,.'n?'J- _° CITY CLERKS OFFICE 2405. Visa Avenue Boise, Idaho 03705 June 21, 2011 The Honorable Tammy DeWeerd, Mayor City of Meridian 33 E. Broadway Ave. Meridian, ID 83642 Dear Mayor DeWeerd and Members of City Council, ~~„- ~~ Give. Advocate. Volunteer. 208.336.1070 www.unl[edway[v.org It is my pleasure to extend United Way of Treasure Valley's support of the CATCH program to Meridian. As a local non-profit that has funded both CATCH of Boise and CATCH of Canyon County since their inception, we see the value in the much needed services they provide to homeless families in the Treasure Valley. Year after year they continue to achieve their goals in the numbers they are serving and we truly see this program making a difference in the lives of those they serve. CATCH, Inc. has submitted a grant proposal in the amount of $10,000 to assist with this start-up project in Meridian. This request will go before the Financial Independence Vision Council for approval on Juhe 30, 2011. Please feel free to contact me if you would like to discuss further. Sincerely, Melissa Nickell VP Community Impact JOINT SCHOOL DISTRICT NO. 2 1303 E. CENTRAL DRIVE s ..~ MERIDIAN, IDAHO 83642 DR. LINDA CLARK SUPERINTENDENT June 13, 2011 To: Greg Morris, C.A.T.C.H. Program manager Re: In-Kind Donation for office space for C.A.T.C.H. Social Worker To support the application of a City of Meridian Block Grant for the C.A.T.C.H. program, Joint School District No. 2 has agreed to provide the items listed below as a kind donation. These items will help support apart-time C.A.T.C.H. social worker who will assist and provide housing for up to 12 homeless families per year. ITEM Office space Computer Phone ~ Access to wnference rooms to meet with clients Access to small computer lab to train clients Copier/paper Basic office supplies Tota I ESTIMATED VALUE $500 per month $100 per month $30 per month $100 per month $200 per month $25 per month 525 per month $980 per month/$11,760 per year Respectfully submitted ~~~~~ Dr. Bruce Gestrin Assistant Superinendent Joint School District No. 2 June 1, 2011 To whom it may concern: v Mountain West Bank 2970 E. St. Lukes Drive Meridian, Idaho 83642 Telephone 208.855.9105 Fax 208.855.9109 Mountain West Bank is pleased to be a supporting sponsor of the C.A.T. C.H. program. We have been involved with the C.A.T.C.H. program since its inception and are deeply, committed to continue to support the program as it expands to other communities, such as Meridian. Mountain West Bank will establish a matching fimd for the Meridian program, as it has for the other C.A.T.C.H. programs. We will work with the Meridian program participants to establish a savings account for them, and then match dollar for dollar funds the participants are able to save, up to $1,000. We will open both a checking and .savings account for the participants, regardless of any past history or issues with banks that the participants may have had previously. We will also provide each participant with a personal financial mentor (our "C.A.T.C.H. Champions") to help them learn how to properly use their accounts and how to save for their fiihire. The participants may contact their designated mentor at any time for help on their accounts or for questions they may have pertaining to financial matters. Additionally, Mountain West Banlc is committed to sponsor at least 2 families annually in the Meridian program, which consists of a contribution of $5,000 to pay for rent while the families go through the C.A.T.C.H. program. We also stand ready to assist with fundraising programs as needed to help increase the awareness of this valuable program, and to solicit donations or other community partners, such as other Banks or businesses, to help make this program a success. With the current economic conditions, more families are impacted and the increase in homelessness is alarming. The C.A.T.C.H. program is not a "hand out", but is rather a vital program to help homeless families get back on their feet and provide a stable home for the hundreds of children that are also impacted by homelessness. We believe that this partnership within our community is one of the most important ones we can have because it strengthens our community as a whole and helps those who need the help the most with lasting solutions. Please don't hesitate to contact me directly at (208) 884-6924 if you have questions or need additional information regarding Mountain West Bank's involvement in this innovative program. Sincerely, ~ ~ I . __~ V~,PiVI,~ \ "'~ Lanet~ Marcum Vice President/CR ~~~~ Officer Serving the Communities of.• • 16th & State, Boise ~ Franklin & Cole, Boise ~ Nampa ~ Meridian ~ Ketchum ~ Harley ~ Brigham City ~ Park City ~ Coeur d'Alene ~ Hayden ~ Post Falls ~ Sandpoint www.mountainwest-hank.com ~ Customer Service (800) 641-5401 ~ InTouch (800) 641-5428 June 21, 2011 fo community's homeless fch: v. keep from falling. The Honorable Tammy DeWeerd, Mayor City of Meridian 33 E. Broadway Ave. Meridian, ID 83642 Dear Mayor DeWeerd and Members of City Council, 1276 W. River Street Suite 201 Boise, ID 83702 Phone:208-384-4087 Fax:208-343-0529 catch cr,cityotboise.org Several Meridian churches have expressed strong interest in partnering with aCity- initiated CATCH launch in Meridian. Among those who aze interested, but not prepared to provide a letter of financial commitment on short notice include: Capital Christian Center Holy Apostles Catholic Church Holy Trinity Charismatic Episopal Church Ten Mile Community Church Valley Shepherd Church of the Nazarene Vineyard Christian Fellowship of Meridian The following Meridian area businesses have also expressed interest in partnering with this effort, but were also not able to make a financial commitment this early: D. L. );vans Bank Key Bank Scentsy (considering a $7500 grant fur Meridian start-up in the Fall) Wells Fargo Bank Thank you for considering funding CATCH in Meridian, and beginning to address family homelessness within the city limits. Best regard7s, "' Greg orris CATCH Program Director 493-2503 charitable assistance ~otsL I.rcA~,r f h l~ ,, ~,. ~. - CONS'I'RTXCTORS FmmJntinn, Inr.. Mar /a n a Pn c, Y e t t, Ad n tl n t s t i a t a i s Di i e c t o i June 13, 2011 The Honorable Tammy DeWeerd, Mayor City of Meridian 33 E. Broadway Avenue Meridian, ID 83642 Dear Mayor DeWeerd and Members of City Council: Following is a letter of support for the CATCH Program application to the City of Meridian for funding. Boise Legacy Constructors Foundation provides assistance to needy individuals in Boise/Treasure Valley to pay for basic necessities. We have a referral network of over 64 agencies and partner with those non-profits and service providers to help develop a solution to the applicant's crisis situation. Our focus is devoted to those individuals and families who have committed their efforts to achieving goals leading to self-sufficiency. We assist between Z00 and 250 applicants or families annually. Over the past ffve years, we have paid out well over one million dollars to directly assist Treasure Valley families. We also provide a limited number of small grants directly to 501(c)(3) qualified organizations and the amountpi•eviouslystated does not include the fund totals for grants we have made to organizations. The CATCH Program aligns with our foundation guidelines of helping those individuals who seek self-sufficiency and show motivation for change. Through our association with the CATCH Program we have had the opportunity to witness positive changes for the families they serve and feel that the small investments we have made in helping the CATCH families has blossomed into along-term investment and a greatvalue for our community. The families are well-screened before they make referral to us. Through our experience with the CATCH program, we feel assured that the families will receive the support and encouragement they need to make a successful transition from homelessness to permanent rental housing. This year-to-date 2011, we have assisted 14 CATCH families with grants to pay deposits, rent utilities, and other basic necessities for a total of $4,773 so that they could obtain rental housing and successfully participate in the program. From 2010 to this date in 2011 we assisted 43 families with $18,643. Since developing our grant referral relationship with CATCH in mid- 2007, we have provided $46,474 in grants. Although we would notbe able to pledge a specific dollar amount to fund the CATCH Program in Meridian as our grants are directly to assist individuals at random, many of our foundation applicants do reside outside of Boise City and are BOISE LEGACY CONSTRUCTORS FOUNDATION, INC. • 102 5. 17~" ST. • SUITE 200 • BOISE, ID 83702 • PHONE: 208-424-7622 • FAX: 208-424-7627 Page 2 referred to us by the schools and other social service agencies and we would be pleased to have the same mutually beneficial referral relationship as we do with the Boise CATCH Program. I would recommend funding the CATCH Program in Meridian as it has proven to be a most cost-effective means of quickly resolving homelessness which is without doubt a very complex and costly problem facing all our communities. I would be happy to visit in more detail about our relationship with CATCH in Boise should you wish to have additional discussion. I hope you are able to choose this great program for funding over other choices you have available as I believe their efforts will reward your wise decision. Sincerely, I ~~~ Marlene Puckett Administrator and Director Cc: Greg Morris, CATCH Program Director BOISE LEGACY CONSTRUCTORS FOUNDATION, INC. • 102 S, '17'~ ST. • SUITE 200 • BOISE, ID 83702 • PHONE: 208-424-7622 • FAX: 208-424-7627 • [drug /Alcohol Testing Consultants ~ ASSOCIATES INC. Phone: (208) 894-a 100 (800) 388 3204 rE1X: 800-377-8178 P.O. Box 568, Meridlan,.ldaho 83680 June 21, 2011 Re: CATCH Sponsorship Who is Minert & Associates, Inc: Minert & Associates, Inc., located in Meridian, ID, is one of the largest and most experienced providers of drug and alcohol testing services in the United States. We currently provide services to over 2000 employers located throughout the country. In addition, Minert & Associates, Inc. is involved in the Meridian Anti-Drug Coalition and provides drug and alcohol testing to bus drivers for the Meridian School District bus drivers. Our feelings regarding the CATCH program: We sponsor the CATCH program in Boise as a way to provide help to specific families struggling to with the need for housing. We felt that the CATCH program was different in that we were not putting money into a general fund where we would then have no idea how the actual funds were being used. Instead we were able to see the direct result of how our contributions were being used to help a specific family in need. Our view of the need for the CATCH program in Meridian: We have had the gpportunity over the past few years to work with the Idaho Department of Health and Welfare as well as multiple drug courts throughout the state. In that time we have seen many individuals struggling with homelessness and poverty. Many of those individuals have been located right here in Meridian. There is no doubt that enough familes are in need to justify a CATCH program in the City of Meridian, especially if there are enough individuals and organizations willing to step up and support the program. Our continued support: Our company has been providng $800/month to the CATCH -Boise program for about 8 months now. Depending on how things go in setting up the new program in Meridian, it is very likely that we would offer the Meridian -CATCH program that same level of support. Conclusion: As both an individual operating a business and living in Meridian I would strongly support the implementation of the CATCH program in the City of Meridian. The cost is relatively small compared with the amount of help that the program can offer. The program changes lives on the part of both the giver and receiver and gives organizations the ability to both provide direct relief to those suffering as well as see the direct consequences of support given. Sincerely, Jeff Minert Minert & Associates, Inc/ www.drug[estinyexperts.corn • IDAHO D E ~ HEALTH C.L.'BUTCH' OTTER-Governor RICHARD M.ARMSTRONG-Director June 3, 2011 The Honorable Tammy DeWeerd, Mayor City of Meridian 33 E. Broadway Avenue Meridian, ID 83642 Dear Mayor: & WELFARE ROSS MASON-Regbnal Director Southwest Idaho Adminia6a8on 1720 Westgate Drive Boise, Idaho &3704 PHONE 208-334-6874 FAX 208-3346738 masonr@dhw.ltlaho.gov The Idaho Department of Health & Welfare has had the honor of being associated with C.A.T.C.H for two years in Canyon County. We welcomed the program to our area to alleviate a growing family homeless population. It has been one of the best decisions we have made. The Department's expertise and funding are built around areas like Food Stamps, medical care, child protection and similar social welfare programs. We have little, if any expertise in housing and certainly lack budgeted funds to help those seeking permanent shelter. C.A.T.C.H has that skill set and has worked hand-in-hand with us to provide homeless families a chance to get back on their feet and back into a plane they can call home. The start-up was a daunting challenge in an area that had not been well supported in the past. The Department lacked the budgetary ability to provide direct funding to C.A.T.C.H but we were able to contract with the program for its case management skills that were critical to family success. We also provided substantial in-kind office and equipment set- up for the C.A.T.C.H staff. This had some big advantages in that some of our clients were good-candidates for C.A.T.C.H. It was truly awin-win for everyone. To date in Canyon County, we have assisted more than 40 families and the more than 150 people that made up those families - most of them children. Given this level of success, I am seeking additional funding in the form of TAIVF dollars to provide for C.A.T.C.H expansion. The more people we serve, the more likely we are to receive funding consideration. P A R T M E N T O F It is logical to place the next C.A.T.C.I~ expansion in Meridian since it would neatly and effectively help build a re-housing network for the Treasure Valley. I see a bright future for this program, one that is a model for the entire nation. It has the support of the Department at the highest levels. Sincerely, ~" '`-' Ross Mason Director Southwest Idaho Idaho Department of Health & Welfare W65T6RN IDANO COMMUNITY ACTION PARTNERSXIP June 21, 2011 The Honorable Tammy DeWeerd, Mayor City of Meridian 33 E. Broadway Avenue Meridian, ID 83642 Dear Mayor: The Western Idaho Community Action Partnership (WICAP) has been associated with the C.A.T.C.H of Canyon County program for approximately Iwo years. We serve as the client referral source underthe Homeless Prevention and Rapid Re-housing Program (HPRP) for the seven counties we serve in western Idaho, as well as coordinating in the three other counties underthe grant service area. It has been a tremendous opportunity to serve the homeless in rural Idaho and loam more about the great program that is C.A.T.C.H, of Canyon County. WICAP provides. services that include early childhood education, )ob training, energy assis- tance, nutrition and senior independence. WICAP was chosen to prevent famllles from fafling into homelessness under HPRP's homelessness prevention activities, but once at that stage that individuals were already homeless and needed re-housing, we were not as well suited to provide the Intensive hands-on case management that Is required. C.A.LC.H has that ability and has worked closely with us to provide homeless families in our service area a chance to get back to stability and into the security of a location that they can call their own. This partnership between C.A.T.C.H. of Canyon County, the Department of Health and Wel- fare and the City of Caldwell has given us all an opportunity to direct resources efficiengy across the western part of the state by albwing aacli partner to do what they do best- rather Than aone-size-fits-all approach. C.A.T.C.H. certainly is well known for the efficacy and effi- ciency of the part they play in that continuum of services. We know C.A.T.C.H, has assisted more than 40 families and the more than 150 people that made up those families - many of them vulnerable, such as elderly or children- in Canyon County and through partnerships with other community groups has helped many more in a myriad of ways. While I work in Payette, I am a resident of Meridian and I see our aty developing potential as the bridge between Ada and Canyon Counties. I believe that C.A.T.C.H. is an excellent pro- gramand lalso know that the program is highly regarded amongst other service providers in our communities. We are proud to be associated with such a viable working model and I am certainly happy to provide (an unsolicited) letter of support. Sincerely, ~J ~- Rob Christensen Weatem Idaho /9ctvo ~ A~! M! R I M/ I ~rbl9 ~ Nampdq ,M~ ham' ~stvra•~ e/twb: /narg PkbGRAAffU/CLUOf.' Workforce De K=/npment ProfetS/WIdltJevNOpmmtSpeakers Educatior~/Tialn/ng/JOb Sk!/(r CommunrtyServ/ca B/onF Grant Fam/y Resources L X vNopmmt Low/txome Home Errer9YAuirtarxe EmergenryAUl}Yanre Head Stott /Easy Htiad Start SeniorServicer/HOrnemaker cauMUNmsERwc~s cEnr7ERS• cald~rn /zoe/ 4s4-as7s Cascade /708/ 382-4577 covxd /7a~Jzs3-43an Emmett /708/365-3116 Payette /70BJ 6474436 Wetrer /208J54R2066 HEAOSTARf d EARLYHEAOSlAR7 S?FS• Emmett /108/36x3743 CaklYt~e/I /Z08/459-70/0 tamer /708/ 4s9-0057 Marditg /708J 896-604/. Nampa /ZOBJ 475-/906 Hapoyoay /zaBJ 453-9/BS Payette IzaBJ64z-4aae Weiser JZ08/s4R//3G trr/der /208J 487.7773 Boise county /z0BJ79}3398 Ira//eyCOUnry /708/ 3ZSB5/Z Adams camry /708/ 153-430D AFFORCtABLE/~vtfsm/Gr t~etx; e+ecl6 /o MKa// /208/3BZ~f577 ar /~nna9BB6 FalrHousingProvider A/rmimHWe Actlan/ EEOC Emp'oyer W1CI1P 315 S Mafn St Payette, 1D 83661 Phone: Zo8-642-9086 Fax: 20842-9201 Toll Free: 1-800.970-2427 Rob Chrlsteruen Executive Dlrectar COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM 2011 ACTION PLAN CITY OF L j~EIZIDIAN ~QAHO 33 East Broadway Avenue Meridian, ID 83642 208/888-4433 Q Upon request, this document will be provided in a format accessible to persons with disabilities and/or persons with limited English proficiency. The City of Meridian prohibits discrimination on the basis of race, color, sex, religion, national origin, handicap, or familial status. City of Meridian, Idaho 2011 DRAFT Annual Action Plan TABLE OF CONTENTS CITY OF MERIDIAN, IDAHO 2011 ACTION PLAN SECTION PAGE 1. Purpose of this Document 1 3. Consolidated Plan 1 5. CAPER 2 D. PYII Process I1 4. Summary of Public Comments 12 1. Federal, State, and Local Resources 13 1. Affordable Housing 18 3. Homelessness and Other Sbecial Needs City of Meridian, Idaho 2011 DRAFT Annual Acfion Plan 3. Summary of the Citizen Participation Process 30 B. Public Meetings 11 3. Economic Development 16 5. Other Actions 19 1. PY2011 CDBG Activities to Benefit LMI Persons 20 ~Qr~t~E~~ ocyo ll ~ 2011 Program Year Action Plan 04 ~1~ ~~~ geAM eEVE4~ Introduction 1. Purpose of this Document The City of Meridian is a designated entitlement community by the U.S. Department of Housing and Urban Development (HUD). This designation allows the City to receive funds from HUD's Community Development Block Grant (CBDG) Program. The 2011 program year will mark the City's fifth year as an entitlement community. Federal regulations (24 CFR § 91.200(a) and 91.220) require the City to submit an action plan each year that describes how CDBG funds will be invested in the community. The 2011 Action Plan was developed with a strong emphasis on community input, and follows the Citizen Participation Plan set forth in Meridian's 2007 - 2011 Consolidated Plan. Through this planning effort, the City has prepared the following strategy, which will guide program expenditures over the next Program Year (PY); October 1, 2011 through September 30, 2012. 2. City of Meridian CDBG Program Mission Statement In accordance with the overarching goals of the CDBG program, as set forth in 24 CFR § 91.1(a)(1), the City's mission is to utilize CDBG funding to develop a viable urban community by providing decent housing, providing a suitable living environment, and expanding economic opportunities principally for low/moderate income (LMI) persons. The City's primary means toward this end shall be to extend and strengthen partnerships among all levels of government and the private sector, including for-profit and non-profit organizations, in the production and operation of affordable housing. 3. Consolidated Plan A consolidated plan must be submitted every three to five years to receive federal CDBG funds. The Consolidated Plan typically results from a collaborative process where a community can scrutinize its current situation and establish a unified vision for community development actions. The City of Meridian's Consolidated Plan spans program years 2007 through 2011 and addresses the community's most critical housing and community development needs. The PY2011 Action Plan represents the last year using the 2007 - 2011 Consolidated Plan; the City will compose a new 2012 - 2016 Consolidated Plan in Program Year 2011. 4. Action Plan For every year identified in the Consolidated Plan, the City of Meridian is required to prepare a one-year Action Plan to notify citizens and HUD officials of the City's intended actions to occur during that specific year. The PY2011 Action Plan identifies the objectives the City hopes to achieve from October 1, 2011 through September 30, 2012, and outlines the activities the City will undertake to achieve those objectives. City of Meridian, Idaho 2011 action Plan 1 5. CAPER At the end of each program year, the City of Meridian prepares a Consolidated Annual Performance and Evaluation Report (CAPER) to provide information to its constituents and HUD about that year's accomplishments. This information allows HUD, city officials, and the general public to evaluate the City's performance and determine whether the activities undertaken during the year helped to (1) meet the City's five-year goals and (2) address priority needs identified in the Consolidated Plan and the Annual Action Plan. This annual performance report, prepared with public review and comment, is submitted to HUD annually no later than December 31. 6. Submittal to HUD In compliance with 24 CFR § 91.15(a), and in order to maintain continuity in its program and provide accountability to citizens, the City shall submit this action plan no later than August 16, 2011. The City shall submit on an annual basis a summary of its citizen participation and consultation process, an annual action plan, and all required certifications. At least every five years, the City shall submit a housing and homeless needs assessment, market analysis and strategic plan. City of Meridian, Idaho 2011 Action Plan 2 Executive Summary As an Entitlement Community, the City of Meridian receives CDBG funds each year from the U.S. Department of Housing and Urban Development. Program Year 2011 (PY2011) funding for the City of Meridian is anticipated in the amount of $230,709.00. Funds will be used to address priorities within the HUD performance measurement system to: (1) create a suitable living environment, (2) provide decent housing, and (3) create economic opportunities for the community. This year the CDBG Administrator formed an internal working group to review, score, and rank the applications that submitted funding requests. The applications were scored and ranked based on a matrix that provided weighted scoring to the more critical items in the application. The following is a list of the items scored on the submitted applications: 1) goals and outcomes of the proposed project, 2) the need that the proposed project addresses, 3) how the organization plans to carry out the proposed project, 4) the capacity of the organization to implement the proposed project, and 5) whether or not the organization is going to leverage any other funds for the proposed project. The scoring criteria used by the working group were provided to the applicants for informational purposes as part of the application form. Non-administrative activities planned in PY2011 focus primarily on LMI beneficiaries. Meridian will invest CDBG funds in a public facility project in an LMI neighborhood, homeownership assistance, public services, and economic development through the elimination of blight. The public facility project is proposed to be the construction and installation an all- abilities playground in coordination with Meridian Elementary School and the Meridian Boys & Girls Club. The playground is located within Census Tract 10322, Block Group 1. Public service assistance will be provided through the Meridian Food Bank and Meridian Boys & Girls Club. Homeownership Assistance will be undertaken by two area service providers; Ada County Housing Authority and Neighborhood Housing Services. Blight will be addressed on a spot basis in coordination with the Meridian Development Corporation's Facade Improvement Program. In addition, the City will update its Consolidated Plan during the upcoming Program Year. The City considered other possible activities for PY2011. Other activities considered, but not initially recommended for funding by the City's internal CDBG Working Group are also included in Table 1 but show an acfivity total funding amount of $0.00. The City may or may not alter the funding amounts for these projects based on input received during the public comment period on the draft annual action plan. A summary description of all projects considered for funding in the PY2011 Action Plan is included below in Table 1. City of Meirdian, Idaho 2011 Action Plan Table 1 provides a general summary of activities proposed for PY2011. Administration & Planning $46,109.00 TOTAL $46,109.00 20% Suitable Living Environment Public Facilities 33% All Abilities Playground Undetermined* Five Mile Creek Pathway Segment H.1, Phase II $0*" Nine Mile Creek Floodplain Study (MDC) $0** Public Services 15% Meridian Food Bank $24,600.00 Meridian Boys and Girls Club $10,000.00 Re-housing of Homeless Families (CATCH) $0** Foreclosure Prevention & Intervention Program (NHS) $0** Computers and Computer Classes (Senior Center) $0** TOTAL $109,600.00 48% Affordable Housing Homeownership Assistance $35,000.00 TOTAL $35,000.00 15% Economic Develo ment Fa ade Im rovements $40,000.00 TOTAL $40,000.00 17% nnwwn ui iunwuy w ue ueian uu~eu unuuyn uro Nuuiw nGaniiy N~wcsa **Not initially recommended for funding Summary of Projects not initially recommended for funding: A. Nine Mile Creek Floodplain Study by the Meridian Development Corporation. This project proposed to study the Nine Mile Creek Floodplain area to determine a solution to the large backwater areas and to potentially work with the Federal Emergency Management Agency (FEMA) in applying for a Conditional Letter of Map Revision (CLOMR) to reduce the limits of the associated Special Flood Hazard Area (SFHA). The project proposes to ultimately benefit businesses and property owners in the area by reducing potential damage due to flooding and to remove the requirement for purchasing flood insurance if the SFHA is altered. The funding request was for $50,000 for the initial study. B. Homeless Family Assistance by Charitable Assistance to Community's Homeless. Inc. CATCH .CATCH proposed to expand its services (currently provides services in Boise, and Canyon County) into Meridian to assist homeless families whose homeless episode originated with the City of Meridian. The CATCH program works to rapidly re-house homeless families while providing case management to address issues contributing to their homeless episode and prepare them for self-sufficiency within six months time. The proposal was for $19,968 to fund apart-time staff person to operate the CATCH program in Meridian in coordination with the Meridian School District. The project proposed to assist between ten and twelve families during PY2011. City of Meridian, Idaho 2011 ~lcfion Plan C. Foreclosure Prevention and Intervention Program by Neighborhood Housing Services HS .NHS proposed to provide foreclosure prevention counseling to Meridian residents to help prevent homelessness. The program is designed for homeowners who are behind, or anticipate becoming behind in their mortgage payment on their primary residence, and offers a continuum of strategies designed to promote sustainable homeownership. The proposal was for $15,750 to fund a staffperson for this program. D. Computers and Computer Classes by the Meridian Senior Center. This project proposed to purchase six computers and associated software and to provide beginning, intermediate, and advanced computer classes for seniors at the new Meridian Senior Center. The funding request was for $3,165. E. Five Mile Creek Pathway Seglrlent H.1, Phase II (Completion of pathway from Badley to Fairview Avenue) by Meridian Parks and Recreation Department. This project proposes to complete the final section of the Five Mile Creek Pathway Segment H.1. CDBG funds have been utilized in past years to perform the environmental study and to design and construct the first segment of the pathway. The funding request was for $60,000. CiTy of Meridian, Idaho 2011 dcnon Plan 1. Summary of PY2011 Priorities, Objectives, and Outcomes In Program Year 2011, the City will invest CDBG funds according to the fallowing priorities. Priorities are listed in order of importance and include explanations and rationale for individual project selection. Consolidated Plan objectives and the anticipated priority/project outcomes are also included for each of the four PY2011 priorities. PY2011 Priority #1: Suitable Living Environment $109,600.00 In the 2011 Program Year, the City will focus on Availability/Accessibility of Suitable Living Environments in LMI neighborhoods with a Public Facilities activity. The City is proposing to allocate funds to anAll-Abilities Playground project at the Meridian Elementary School. The playground is designed such that children with special needs (i.e. blind or visually impaired, in wheelchairs, using walkers, etc.) can safely access a playground and interact with other children. The proposed playground will be accessible to the general public during non-school days/hours and will also be available for use by the Meridian Boys and Girls Club which is directly next to the school. The project will create a recreational amenity in LMI Census Tract 10322, Block Group 1. The City has not yet determined a funding amount for this project, The internal City Working Group did not propose an amount of funding for this project. The amount offunding will be determined through the public hearing process and updated here post Action Plan adoption by the City Council. The City will work toward Sustainability of Suitable Living Environments by investing CDBG funds in Public Services activities at the Meridian Food Bank and the Meridian Boys and Girls Club. The Food Bank has experienced an increase in demand due to the recession, and CDBG assistance will help allow them to continue providing food to area residents in need. The internal CDBG Working Group proposed allocating $24,600 toward this project. The Meridian Boys and Girls Club will provide scholarships to LMI children to allow them to participate in fee-based programs/services at the Club. The internal City Working Group proposed allocating $10,000 toward this project. OBJECTIVE SLl.l: Invest in public facility projects that help create a suitable living environment in LMI neighborhoods. • All-Abilities Playground facility at Meridian Elementary School. City of Meridian, Idaho 2011 Action Plan Table 2: Summary of Expenditures by Priority • Additional public facility projects may be identified in the public hearing process. OUTCOMES: Availability/Accessibility of Suitable Living Environment. • Create one public facility amenity that will benefit an identified LMI Census Block Group as well as the disabled students at the Meridian Elementary School and the members of the Meridian Boys & Girls Club. The funding amount for this project will be determined during the public hearing process. OBJECTIVE SL3.3: Support public service activities that benefit presumed and document LMI residents on both an area and clientele basis. Meridian Food Bank: CDBG funding will assist the Meridian Food Bank in purchasing equipment and supplies related to their primary function; providing food to individuals and families in need. Meridian Boys & Girls Club: CDBG funding will assist the Meridian Boys and Girls Club in providing scholarships for free or reduced membership in some of the Club's fee-based extended services. The extended programs/services are the Summer Early Risers Program, the Meridian Sunshine Club, and the Meridian Kindergarten Program OUTCOMES: Sustainability of Suitable Living Environment. • Provide assistance for at least 1,000 Meridian residents in need at the Meridian Food Bank. • Provide scholarships for up to 30 children to attend fee-based programs at the Meridian Boys and Girls Club. PY2011 Priority #2: Affordable Housin¢ $35,000.00 The City will continue its partnership with Ada County Housing Authority (ACHA) in PY2011. ACHA will receive funding this Program Year to provide down payment and closing cost assistance to eligible homebuyers identified through the Housing Choice Voucher (Section 8) Program, thereby contributing to Affordability of Decent Housing. In addition, the City will provide funds to NHS Lending, Inc. a wholly owned subsidiary of Neighborhood Housing Services (NHS) to grant down payment, closing cost, and related assistance to eligible LMI homebuyers who are not currently receiving Section 8 assistance. This will broaden homeownership opportunities for a different segment of Meridian's LMI population. OBJECTIVE DH2.2: Expand homeownership opportunities for low-moderate income individuals and families. OUTCOMES: Affordability of Decent Housing. City of Meridian, Idaho 2011 fiction Plan Assist one low/moderate income household identified through the Housing Choice Voucher Program to purchase a home in Meridian (Ada County Housing Authority). Assist two low/moderate income households (that are not receiving assistance through the Housing Choice Voucher Program) to purchase homes in Meridian (Neighborhood Housing Services). PY2011 Priority #3: Economic Development $40,000.00 Economic Development through revitalization of the Urban Renewal Area (URA) is a top priority to entice additional investment where it is needed most. The City believes that it is important to continue implementing the URA revitalization strategy, and addressing blight is a key component of that strategy. The City will partner with the Meridian Development Corporation to complete a fapade improvement project to address blight in the Urban Renewal Area. The Meridian Development Corporation will receive $40,000 in funding for this project. OBJECTIVE E03.1: Support the efforts of Meridian Development Corporation to implement the Urban Renewal Area Plan in revitalizing downtown. OUTCOMES: Address Slum and Blight in the URA • Partner with the Meridian Development Corporation to complete at least one fagade improvement project to address blight in the URA. PY2011 Priority #4: Plannine & Administration $46,109.00 In addition to keeping the Program moving forward during PY2011, Planning and Administration funding will be used by the City for updating its five-year Consolidated Plan. As part of this effort, the City will invest Planning/Administration time and funds in preparing a housing market analysis, updating the Analysis of Impediments to Fair Housing, and other related activities. Planning and Administration is funded at $46,109 for PY2011. OBJECTIVE: Efficiently administer the City's CDBG Program and plan for successful activities and beneficial outcomes in the future. OUTCOMES: A well organized, compliant, and beneficial CDBG Program. • Maintain compliance with all applicable federal, state, and local regulations. • Develop an updated Consolidated Plan to guide the City's Program. • Complete proposed activities to benefit the community. City of Meridian, Idaho 2011 Action Plan Should any of the above-proposed activities not move forward, the City may pursue the following "fall-back" activity(s) during the upcoming Program Year: PY2011 Priority #1: Suitable Livin¢ Environment $75,000.00 If a prof ect fails to advance during the coming year, the City is proposing two pedestrian lighting projects as possible "fall-back" activities. The first roadway segment proposed for pedestrian lighting is Cherry Lane along the frontage of Meridian Middle School. School Administration officials have indicated that there is extremely limited lighting along this roadway segment, and that there have been many safety concerns for the students walking to and from the school. The approximate cost of lighting this segment is $39,000. The second roadway segment proposed for pedestrian lighting would be on Camellia and Washington from just east of Linder Road to 8`h Street. This is a primary walking route for students at both Meridian High School and Meridian Middle School. By improving the lighting on this roadway segment, it would enhance the safety conditions for students at both schools. The approximate cost of lighting this segment is $36,000. Both roadway/lightingsegrnents are within Census Tract 10322, Block Group 1. OBJECTIVE SLl.l: Invest in public facility projects that help create a suitable living environment in LMI neighborhoods. OUTCOMES: Availability/Accessibility of a Suitable Living Environment. • Completion of pedestrian lighting of one or two roadway segments within the LMI area. City of Mexidian, Idaho 2011 1lchon Plan 2. Evaluation of the City's Past Performance The City has successfully applied for and received the following CDBG grants through both the Idaho CDBG Small Cities Program and as an Entitlement Community. Awarded Amount Project Status 1985 $272,697 Revolving Loan Fund Closed Out 1985 $4,388 Renovate Senior Center Closed Out 1987 $5,000 Renovate Senior Center Closed Out 1988 $400,000 Public Infrastructure Closed Out 1991 $400,000 Downtown Revitalization Closed Out 1995 $52,000 Renovate Senior Center Closed Out 2004 $100,000 Renovate Senior Center Closed Out 2006 $52,900 Renovate Senior Center Closed Out 2006 $250,000 Job Creation Closed Out 2007 $230,544 CDBG Entitlement Processing 2008 $237,775 CDBG Entitlement Processing 2009 $249,947 CDBG Entitlement Processing 2010 $274,368 CDBG Entitlement Processing 3. Summary of the Citizen Participation Process The City of Meridian employs a comprehensive citizen participation process for all CDBG projects and activities. The City solicits input from Meridian residents in all phases of its Community Development efforts, from the initial planning and project/program implementation to reporting and assessing accomplishments/outcomes. This process fosters the open and inclusive identification of needs and delivery of services to City residents. It also helps to ensure that the overall direction of the CDBG program is (1) consistent with residents' expectations and (2) responsive to neighborhood and stakeholder concerns. A summary of this process is presented below as identified in 24 CFR § 91.220(b). A complete copy of the Citizen Participation Plan can be found in the Appendix of the 2007 - 2011 Consolidated Plan. A. Participation The City encourages citizen participation in all stages of the planning process. From the drafting of the Consolidated Plan to the submittal of the annual Performance Evaluation Report, the City hosts Public Meetings, provides draft copies of the Plan, encourages, accepts and incorporates citizen input and feedback, and holds special public hearings whenever any substantial amendments are proposed. The City works with non-profit organizations to encourage the participation of program beneficiaries, including low- and moderate-income residents. Bi-lingual services and additional assistance for persons with disabilities are available upon request. City of Meridian, Idaho 2011 dclion Plan 10 B. Public Meetings The bulk of Meridian's Citizen Participation process occurs through public meetings. Meridian CDBG staff hosts three public meeting during the funding cycle; one in preparation for the Consolidated Plan and its annual update through the One-Year Action Plan, one in conjunction with obtaining approval of the draft plans, and the third with the City's Consolidated Annual Performance Evaluation Report process. These meetings give residents an opportunity to comment on all aspects of CDBG program administration, as well as all activities undertaken by the City. A similar public process ensues when substantial amendments are proposed to the Consolidated or Annual Action Plans. To solicit input on CDBG activities, the City publishes notices in the local newspaper, the Valley Times, two weeks prior to each meeting. The notices include information about the availability of draft and final plans, which are typically available for public review at City Hall, the Public Library, and the Meridian Senior Center. City staff also approaches City Council periodically at their weekly public meetings to obtain feedback and direction on CDBG priorities, use of leftover funds, etc. This gives interested citizens an additional way to stay informed on how the program evolves over the year. C. Access to Information The City posts all CDBG-related plans (including the Consolidated Plan, annual action plans, and CAPERS) on its website for public review and scrutiny. The CDBG portion of the City's website is located at http://www.meridiancity.org~g( Draft versions of all plans are available for review and comment by citizens, public agencies, and other interested parties before they are considered and acted upon by City Council and submitted to HUD. Copies of draft and final reports are available free of charge at Meridian City Hall. Requests for access to specific information can be made in advance and coordinated with City personnel. City staff is also available to persons or interested parties who require technical assistance in understanding the Plan, the preparation of comments, the preparation of requests for funding, or the process in general. Staff is readily available to receive and respond to any and all questions, comments, or concerns that arise about the CDBG program throughout the year. D. PY2011 Process The City began identifying activities for the PY2011 Action Plan in spring 2011 with requests for activity ideas, meetings, project eligibility research, etc. The City hosted a CDBG Workshop for past and potential future subrecipients on Apri129, 2011 to provide information on the program and solicit project ideas. Thirteen individuals attended representing nine organizations. The City published notices in the Valley Times and The Idaho Statesman to announce apre- draft public meeting that was held on June 7, 2011 at Meridian City Hall. Nine individuals City of Meridian, Idaho 2011 action Plan 11 attended and discussed possible activity ideas and priorities with staff and the City Council. The input provided helped shape the draft Action Plan that went out for public comment. The following chronology summarizes the City's formal Public Participafion efforts: • April 18, 2011: Contacted City Deparhnent Directors to request activity ideas. • Apri129, 2011: Hosted CDBG Workshop for past subrecipients and interested organizations to learn about the Program and solicit activity ideas. • June 7, 2011: Conducted Pre-Draft Public Meeting. • June 21, 2011: Draft Action Plan released for public review and comment. • June 21, 2011: Opened public hearing and comment period for Draft Action Plan. • July 26, 2011: Closed Draft Action Plan public hearing and comment period E. Efforts to Broaden Public Participation In addition to the steps outlined in the City's Citizen Participation Plan, staff also met with several non-profit entities including Ada County Housing Authority, Neighborhood Housing Services, Meridian Food Bank, Meridian Boys & Girls Club, and the Meridian Senior Center, to discuss possible projects and activities. 4. Summary of Public Comments Comments not yet received; will be updated post public hearing and comment period. 5. Summary of Comments not Accepted Not Applicable. CiTy of Meridian, Idaho 2011 Action Plan 12 Resources 1. Federal, State and Local Resources CDBG and City general funds are available to support program activities. The City may consider additional partnerships with Meridian Development Corporation (MDC) and Ada County Housing Authority (ACHA) to leverage available resources and achieve maximum results. The following funding sources have been identified to help address the needs of low/moderate income (LMI) individuals and families. Some resources maybe directly leveraged to help fund CDBG eligible activities, in which case all HUD regulations and requirements regarding matching will be satisfied, pursuant to 24 CFR § 91.220(c)(2). While other resources may not be able to contribute directly toward CDBG-eligible activities, they maybe able to provide assistance to related support programs. These leveraged funds will be tracked and documented as part of the compliance monitoring process. Federal resources that may be made available • U.S. Department of Housing and Urban Development: - Section 8 Housing Choice Voucher Program HOME Investment Partnership Program Emergency Shelter Grant Housing Opportunities for Persons with AIDS • U.S. Department of Health and Human Services • U.S. Department of Education • Federal Housing Administration Homeownership Program • Fannie Mae • Federal Emergency Management Administration • U.S. Veterans Administration State resources that may be made available • Idaho Community Foundation • Idaho Housing and Finance Association • Idaho Department of Education • Idaho Department of Environmental Quality Idaho Association of Mortgage Brokers • Idaho Department of Agriculture • State Tax Credits • Idaho Department of Health and Welfare: - Community Services Grant - Family and Child Services - Public Health Services - Domestic Violence Grant - Idaho Children's Trust Fund • Idaho Office on Aging • Idaho Department of Justice City of Mevdian, Idaho 2011 action Plan 13 Local resources that may be made available • Meridian General Funds • Meridian Development Corporation • Ada County Association of Realtors • Ada County Housing Authority • Neighborhood Housing Services • Boise Valley Habitat for Humanity • Supportive Housing and Innovative Partnerships • El-Ada Community Acfion Partnership • United Way • Faith-based Organizations • Local utility companies • Individual and Business Donors • Civic Organization Donations • Volunteer in-kind services City of Meridian, Idaho 14 2011 DRAFT Annual Action Plan Objectives. Activities & Measures In PY2011, the City of Meridian will spend the majority (78%) ofnon-administrative funds on activities that benefit low- and moderate-income persons or households. The remaining funds are slated for addressing economic development through the eliminafion of slum and blight. The City's PY2011 entitlement is anticipated at $230,709.00. Objectives, Activities, and Measures for each project/activity are outlined below. 1. Suitable Living Environment: $109,600.00 OBJECTIVE SLl.l: Invest in public facility projects that help create a suitable living environment in LMI neighborhoods. ACTIVITY: All-Abilities Playground at the Meridian Middle School To achieve this objective, the City will invest in the infrastructure of a playground facility to benefit disabled children and the immediate surrounding community. The land has been secured and the design of the playground has been donated by a local landscape architect. The playground will be used by the students at Meridian Elementary School, as well as the Meridian Boys and Girls Club. In addition, the school is ensuring that the playground will be open and accessible to the community during non-school hours. The playground is located within the LMI Census Tract 10322, Block Group 1. A specific funding amount has not yet been determined for this project, but will be determined through the public hearing process and updated here after the public comment period closes and the City Council approves the PY2011 Action Plan. MEASURES: One (1) Public Facility. OBJECTIVE SL3.3: Support public service activities that benefit presumed and document LMI residents on both an area and clientele basis. ACTIVITY: Meridian Food Bank ($24,600.00) The City will provide support to the Meridian Food Bank to purchase equipment and supplies related to their primary function; providing food to individuals and families in need. MEASURES: Provide assistance for at least 1,000 Meridian residents in need. ACTIVITY: Meridian Boys & Girls Club Scholarships ($10,000) The City will provide support to the Meridian Boys and Girls Club to offer scholarships to children of LMI households for the purpose of enrolling in one or more of the Club's fee-based programs. MEASURES: Provide scholarships for up to 30 children to attend the Meridian Boys and Girls Club's fee based programs. City of Meridian, Idaho 15 2011 DRAFT Annual Action Plan 2. Affordable Housing: $35,000.00 OBJECTIVE DH2.2: Expand homeownership opportunities for low-moderate income individuals and families. ACTIVITIES: Homeownership Assistance The City will partner with two housing service providers (Ada County Housing Authority, $15,000; Neighborhood Housing Services, $20,000) to assist LMI buyers to purchase homes. MEASURES: Up to three LMI households assisted in the purchase of a home in Meridian. 3. Economic Development: $40,000.00 OBJECTIVE E03.1: Support the efforts of Meridian Development Corporation to implement the Urban Renewal Area Plan in revitalizing downtown. ACTIVITIES: Meridian Development Corporation (MDC) Fagade Improvement Program The City will partner with MDC to complete one facade improvement project to address blight in the Urban Renewal Area (URA). MEASURES: One completed fagade improvement project in the URA. 4. Planning & Administration: $46,109.00 OBJECTIVE: Efficiently administer the City's CDBG Program and plan for successful activities and beneficial outcomes in the future. ACTIVITIES: CDBG Program Administration and Planning. MEASURES: Develop an updated Consolidated Plan to guide the City's CDBG Program. Maintain compliance with all applicable federal, state, and local regulations. Work with subrecipients to complete proposed activities and projects that benefit the community. Ciry of Meridian, Idaho 16 201 l DRAFT Annual Action Plan Distribution Meridian's low-moderate income area is depicted in Appendix A.1. The area is bisected by Meridian Road and Main Street, which, between the railroad and Cherry/Fairview, is the City's historic downtown core. East and west of Meridian/Main, the area is primarily residential in character with the exception of some light industrial uses adjacent to the rail line. Much of the single family/detached housing stock in the area was constructed in the early to mid 1900's. There are also several multi-family complexes and mobile home parks in the LMI area and immediate surrounding vicinity. The LMI Area is the focus of location-specific activities for the upcoming program year due to the fact that this identified area has the greatest needs for improvements and services within Meridian. The City will spend approximately 81 ($149,600) of available PYl l funds onlocation-specific activities in this area (after removing the Administration and Planning allocation of 20% from the total entitlement). Areas of minority concentrations?? The following projects will occur in specific locations orpre-identified geographic area: 1. All-Abilities Playground (Undetermined Funding Amount). This playground will be located on property owned by the Meridian Elementary School located at 1035 NW 1st Street. The project is located in apre-designated LMI area as identified by HUD (Census Tract 10322, Block Group 1). The City may choose to advance public facility improvement projects within the designated LMI area of the City if other projects do not move forward during the program year. The total of these projects and/or the above identified playground project will total no more than $75,000. 2. Food Bank ($24,600.00): The Meridian Food Bank is located at 15 E. Bower Street (see Appendix A.2). This location is near the geographic center of the City's LMI area, which makes it easily accessible for residents who can most likely benefit from the services the Food Bank provides. 3. Meridian Boys & Girls Club Scholarships ($10,000): The Meridian Boys and Girls Club is located at 911 N. Meridian Road (see Appendix A.2). This location is in apre-designated LMI area as identified by HUD (Census Tract 10322, Block Group 1). 4. Facade Improvement ($40,000): The specific location of a fa9ade improvement project will be determined by the Meridian Development Corporation (MDC) Board. MDC's jurisdiction is the City's Urban Renewal Area as established by City Council on August 27, 2002 and recognized by HUD on March 6, 2009. A map of the Urban Renewal Area is included in Appendix A.3. The remaining projects/activities for PY2011 are not tied to any specific geographic area. Ciry of Meridian, Idaho 17 2011 DRAFT Annual Action Plan Additional Requirements 1. Affordable Housing The City will partner with Ada County Housing Authority (ACHA) to expand affordable housing opportunity in PY2011. The City will continue funding homeownership assistance to eligible prospective buyers identified through the Section 8 program. This activity, which was a great success in past program years, will receive $15,000.00 for continuation in PY2011. This will allow ACHA to assist one eligible homebuyer in the upcoming program year. The City will also provide $20,000.00 to Neighborhood Housing Services (NHS) to provide similar assistance (down payment, closing cost, etc.) to eligible homebuyers who are not currently receiving Section 8 funds. The City does not plan to provide monetary assistance for rental purposes in the upcoming program year, but will continue to facilitate discussions with area residents and service providers. 2. Public Housing The City does not plan to contribute monetarily to expanding public housing in PY2011, but will continue to encourage homeownership for eligible buyers as described above, and participate in the regional dialogue with neighboring communities and service providers to (1) define goals and formulate a public housing strategy, (2) identify potential funding sources to implement that strategy, and (3) involve new/broader segments of the community that have not been involved in such discussions in the past. 3. Homeless and Other Special Needs In PY2011, the City's efforts to address emergency shelter and transitional housing needs of homeless individuals and families, to prevent low-income individuals and families with children from becoming homeless, to help homeless persons make the transition to permanent housing and independent living, to address chronic homelessness, and to address the special needs ofnon-homeless persons will occur primarily through an ongoing partnership with the Boise City/Ada County Continuum of Care (CoC). PY2011 CDBG funds will not be invested in activities specifically targeted to these objectives primarily because of the relatively small amount of its formula grant. In addition, the City is not a recipient of HOPWA formula grants. The City will participate in the CoC to identify ways of supporting area housing providers' efforts to increase affordable transitional and permanent housing facilities. The Boise City/Ada County Continuum of Care (CoC) works to provide supportive housing services to address the reasons for a persons' homelessness, which may include mental illness, disabilities, or fleeing from domestic violence. This CoC operates within Ada County, in which the City of Meridian is located. As additional information is obtained regarding homelessness within Meridian, the City will determine whether other federal, state or local/private funds can be leveraged with CDBG funding to effectively address these needs within the community in future program years. So while the City has not set specific numeric goals to assist special needs populations during Program Year 2011, it does provide support for and coordinate with an existing CoC that does provide these supportive services. If one of the proposals the City chooses to fund under the CDBG grant should specifically benefit a Special Needs population (s), quantifiable goals will be established during the contracting phase. City of Meridian, Idaho 18 2011 DRAFT Annual Action Plan 4. Barriers to Affordable Housing The City will update the Consolidated Plan beginning this Program Year. The Consolidated Plan will include an updated market analysis and Analysis of hmpediments to Affordable Housing, and the City is in discussions with Idaho Housing & Finance Association about linking this effort with a broader, statewide initiative. 5. Other Actions Over the course of the upcoming program year, the City will compile and disburse information on lead- basedpaint hazards in order to (1) educate the public, (2) gauge the prevalence of lead paint contamination, and (3) start to address the issue within the City. There is a wealth of information already available from HUD, the State, neighboring communities, and various organizations that staff will gather and make available at City Hall, on the City's website, and at other locations throughout the community. The City will continue to engage in the regional dialogue with neighboring communities and service providers to identify and address underserved needs, maintain affordable housing, and reduce the number of families living in poverty. 6. Impediments to Fair Housing The City of Meridian, along with the other entitlement communities in Idaho, is coordinating with the Idaho Housing and Finance Association (IHFA) for a statewide Analysis of hnpediments to Fair Housing study. In addition, the City will be conducting its own AI during the program year as part of preparing a new Five Year Consolidated Plan. The City will look to implement the actionable objectives from its individual AI in order to positively promote fair housing and to work to correct barriers to fair housing. City of Meridian, Idaho 19 2011 DRAFT Annual Action Plan Program-Specific Requirements 1. PY2011 CDBG Activities to Benefit LMI persons The majority (78%) ofnon-administrative expenditures this Program Year will benefit LMI residents and households. Affordable homeownership, the Meridian Boys and Girls Club scholarship program, and the Meridian Food Bank will benefit the target population on a clientele basis, and the All-Abilities Playground or other public facility projects will do so on an area basis. The City's Planning & Administration funds will go in part to updating the City's Consolidated Plan, which will determine how the City will continue to serve LMI residents and households in the future. City of Meridian, Idaho 20 2011 DRAFT Annual Action Plan Monitoring The City will employ a combination of formal and informal procedures to ensure the effectiveness of the CDBG program. Each activity in the PY2011 Action Plan is unique, requiring different steps and participation of different partners. The CDBG administrator will maintain regular contact with implementing partners and HUD staff to ensure that activities proposed in the Action Plan (1) comply with CDBG program requirements, (2) move forward on appropriate timelines, (3) adequately forward the goals and objectives in the Consolidated Plan, and (4) are completed successfully. As potential issues are identified, City staff will promptly contact our CPD representative to discuss appropriate ways to avoid and/or address any problems. To ensure compliance with federal regulations, including those regarding the timeliness of expenditures, the program administrator will (1) update IRIS regularly as requests for payment disbursement and activity reimbursement are received, (2) concurrently maintain a spreadsheet that tracks collective CDBG expenditures among all program years, and (3) continue working with the Finance Department on ways to refine and improve financial monitoring procedures. The City will maintain detailed records to enable staff, HUD, auditors and the public to determine the status of each funded activity, as well as the overall program. The City will use a variety of techniques to monitor subrecipients and review for compliance. The City recently updated its monitoring policy and procedure based on comments received from HUD from their monitoring visit to the City in 2010. The City will follow the new procedure during this and subsequent program years. Expectations will be clearly outlined in subrecipient agreements, tailored specifically to each activity and subrecipient entity. Through phone conversations, written correspondence, desk monitoring, and on-site monitoring visits, staff will review each subrecipient's ability to meet the program's financial, production, and overall management requirements and make necessary determinations or take necessary actions to preserve program integrity. City of Meridian, Idaho 21 2011 DRAFT Annual Action Plan APPENDIX A: MAPS 1. LMI Census Block Groups 2. Meridian Food Bank, Meridian Boys & Girls Club, and Meridian Elementary 3. Urban Renewal Area Map City of Meridian, Idaho 22 2011 DRAFT Annual Action Plan Appendix A.1: LMI Census Block Groups Census Tract 10321, Block Group 2 (46.06% LMI) Census Tract 10322, Block Group l (45.01 %LMI) Census Tract 10322, Block Group 2 (72.04% LMI) a w g 1~ Z a N Legend Low-Moderate Income Area O LMI Census Black Groups Census Block Groups Ciry of Meridian, Idaho 23 2011 DRAFT Annual Action Plan Appendix A.2: Map of Meridian Food Bank, Meridian Boys & Girls Club, and Meridian Elementary School City of Meridian, Idaho 24 2011 DRAFT Annual Action Plan LMI Area and Project Locations Appendix A.3: Map of the Meridian Urban Renewal Area UWNOALE.\ _. ~ ~-- LVN_N I ~ ini ~ ~ CHERRY FAIRVIEW '' "' N / i ~ Z W i F N y m ~ i . al CRTH GATC O NIELM CRUBER t, ~ '~~ ELM p f C ~ N E u CROSSBILL ~ - ~\ Z r Q ~ ~" '~z :~ MAPLE 3 ~~ ~ s _ RnGLE z ~ 5 MA LE BRUCKER\ ~l ' I i = CAMELLIA - ~~ iWASHINGTON ~~ CAME p CHERRY CHERRV ~ Z Q g , ~ I\ I N b c ~ ~ L. ~pOVY~ w' ; ~ i LuI ~I ~ CARLTON --- L~y~ ai 3 WAS IIINGTON ~uS ~ i r ~ ~ SHELLBROON_ 5 ~ ASHFORD' CARLTON STATE d MPLEGATE SfH ~~ I ~ J w 3 ~ E ~ I _ ~ ~ jj CRITERIG~ STATE I ~ ~~ ~ p , ti _ _ 4 3 ~ ~ ~ f INE ~'I ~ ' o ~ I ~, ~ _ h ~ Gneo ~ e IGnrvG ~ ~ ~ a ' rv f y ' ~ w ' 3~ 9ROA AV l i ____-_ _~ ___'-_ __ r m I ~-- -__~_ m -~ COMME I ~- RCW~ ~ m _ ____. i ~ _ ', 3IRAILRGnG . ~I ul TAYLOR A o TAYLOR RING r __ KING _ F Z _ I ~I ~'.. '~ I i SI FRANKLI 1--- ol - ' R r c F a : PIPE ~ 5/ ~.~ MM_fl_A ..,BARRETT 1 I ~ W SI ti ~ FULMER r r2 KALISPELE / Z r~ _! ¢W ~ O ~, NANCVER ~~ ~ PENNWOOD GEM ~~ w J - . NFG 1 F p = 3~ f ~ R>GRp Legend I , ~ v'ter GORP RATE `~ E ynF [ .. ~. CO Urban Renewal Area . TM ~ g gN ~ WALTMAN G W T$ z EIOER ~- -__ - o; ~ -Parks / ~ ~ it ~ , '. O f '.HBNHER ~ P., SCI IOOIS ~ VEROENA ~ U''. - r I_ _ j' _ JACRSNIPE ~' Q W ~ 0 355710 1,420 2,130 2,840 - Feet City of Meridian, Idaho 25 2011 DRAFT Annual Action Plan APPENDIX B: TABLES 1. Joint Table 1C, 2C, and 3A - Summary of Specific Annual Objectives 2. Table 3B -Annual Affordable Housing Completion Goals 3. Table 3C -Consolidated Plan Listing of Projects a. Program Administration b. All-Abilities Playground c. Ada County Housing Authority d. Neighborhood Housing Services e. Meridian Food Bank f. Meridian Boys and Girls Club g. Fapade Improvement Program h. LMA Pedestrian Lighting (FALL-BACK ACTIVITY) City of Meridian, Idaho 26 2011 DRAFT Annual Action Plan Appendix B.1 Joint Table 1C, 2C, and 3A -Summary of SpecifidAnnual Objectives Grantee Name: City of Meridian, Idaho [Vo~c~ dctivltles dual wr nol propo.red /rn adrunceui itnl in PY1017 ru e included itt Ural, /onr. Availabili /Ac cesaibli of Decent Housin H-1 Specific Objective Source of Year Performance Expected Actual Percen[ Funds Indicators Number Number Com leted DH Support the development CDBCU ?007 Neev affordable 0 0 N/A 1.1 ofnew affordable housing. Other; 20(18 housing units. 0 0 Ni9 R~i~-a te~ ?009 0 N%A 20111 0 NiA 201 L I '%, N[~UT,TL YEAR COAI, 1 0 0 nlt ,`~C(1 Wft', delll011sh_ iln(1/OI' C~DBI i/ 2t)O~ SIIe:J la1;: ~ O O ~~i f.2 clear property Cur new 200,4 uu.~uired. 0 U N,`A al7urdabk housiue. '009 dcnu~G.vhud, 0 N,%n 3010 andhxcleared, 0 N;;A 201 I 0 N',1 R~ILiL77-YE,h1LQ~0AL I 0 0°., Dtl As arailablc, acquire and CDRGt 21107 IVeH~ nffivdable 0 0 N%A ~.3 sell a lloltar I1UD f-tome Other% 1.OOR housing units. U 0 NiA as affordable housing. 31109 0 NiA 20]0 0 NiA ?Ol I I '%~ MC=1,TI-1"YiAI2 GOAT, 1 0 0'% Affordabiht of Decent Housin H-2 Specific Objective Source of Year Performance Expected Actual Percent Funds Indicators Number Number Com leted DIt Create a^ Af-fordable CDBGi 7007 Ttisl: Farce I I 100 "i. 2.1 1-lousing 'l asl: Force to Other ?OOR establir;hed 0 0 N%,4 advise the City o^ 2009 0 N.in allot-dable Irousine issues. 20 U) U N:A 'UII 0 N!A :LIUL"P1-YEA1L GOAL I I 100 "~~ DH Expand homeownership CDBG/ 2007 Affordable units 0 0 N/A 2.2 opportunities for low- O[her 2008 purchased 1 3 300 moderate income 2009 (homeowners I 3 300 individuals and families. 2010 assisted). 1 2011 2 MULTI-YEAR GOAL 5 6 120 Dli Desigu,print,:uul CDBG ?U07 Residents' li0 500 3>3'%, 2.3 disseminate Community 2008 Resource Ci«ide 0 1011 N.%A Resource Guide fo provide 2009 re<:ipienls. 0 N.iA information Ghoul housin„ ~ 2010 0 N.'A counselinc. Ireatmenf. and 20L1 0 N/A other set~ices in Meridian, AIUi.Ti- YEAR GOAL I50 600 4011 °° City of Meridian, Idaho 27 2011 DRAFT Annual Action Plan "Sustairie_bility of Deceuf Htlusifgg ~I1~H 3)_ Specific Objective Source of Year Performance Expected Achial Percent Funds Indicators Number Number Completed DH Participate on boards and CDBG/ 2007 Activities. 1 1 100% 3.1 committees and cooperate Other 2008 1 2 200% with other entities to 2009 1 1 100% promote fair and 2010 1 1 100% affordable housing. 2011 1 MULTI- YEAR GOAL 5 3 60 DH Collect and disburse CDBG/ 2007 Individuals 20 100 S00 3.2 information about the Other 2008 educated. 20 ? 0 dangers of lead based 2009 20 ~ paint 2010 20 ~ 2011 20 MULTI- YEAR GOAL 100 100 100 ;" Availabi lf /Accessib ilit of Suitable Livin Environment SL-1 Specific Objecfive Source of Year Performance Expected Actual Percent Funds Indicators Number Number Completed SL Invest in public facility CDBG 2007 Public facility 1 0 0 1.1 projects that help create a 2008 activities. 1 2 200% suitable living environment 2009 1 1 100% in LMI neighborhoods. 2010 1 2011 1 MULTI- YEAR GOAL 5 3 60% Af fordabili of Suitable Livin Environmen t': SL-2 tit. 1\v,\ z. t lV'lUL1'1-Y CAR GOAL Susfairtabilit°bfSuitableLivin Environment:'SL-3 Shcci fic. Objective Smu'ec of Year Perfimm:ume l~;xpected Actual Percent I'7111(i5 117dIGttOI'S ~IAmbPI' iVI1lllbCr Cnlttl)ieted Sl. Reduce de;icrioralion of CDBG 3007 Code 2 60 3.000 "4, 3.l LMI area around 200ft lfnlorcancnl ? 0 0 °f. Uowulown Ihrou~,h Code 2009 cases/ac tivi tic,. 2 260 1.300"/, Guforucmc:nt ncfivitiac. 2,010 .'.. y° 201 I 2 °4. ill lJl~ Pl- YlsAlt GOAI, I O 320 3,200°.. ~~~ C)f_L'anIZP, 1121~~1I)(11h0pd GDBCii ?0(17 ACnV'Ill~ti I ~ it)n ~~,~ 3.2 dcn n-up activities in fhe Other 200N conducLrd. I I 100 °,~ LMI wren. 2009 I 'Y° ?010 I °o 21111 I `% LY1UL'FI- 1'CARGOAL 5 2 40 '% SL Support public service CDBG 2007 Residents 5 0 0 3.3 activities that benefit 2008 assisted. 5 13,223 264,460% presumed and documented 2009 5 29,000 580,000% LMI residents on both an 2010 5 area and clientele basis. 2011 5 MULTI- YEAR GOAL 25 42,223 168,800% City of Meridian, Idaho 28 2011 DRAFT Annual Action Plan Specific Objective Source of Funds Year Performance Indicators EO lnerease access to cervices CllBGi 2007 I3usinesse-c 1.1 and jobs io LMI area Other ?008 recruited loi through brishross zone ezpanaea ~„ recruiimenlAoca~ioni 2010 URA/LMI area. e~pmraion in UR/~. ?O1 I 6II1LTi- YEAR GOAL CO N/A 2.1 Specific Objective EO Support the efforts of 3.1 Meridian Development Corporation to implement the Urban Renewal Area Plan in revitalizing downtown. ~ (d'lUL1'I-YEAR COAL ustainablt of Economic O ~ ortuni Source of Year Performance Funds Indicators CDBG 2007 Revitalization 2008 and/orfagade 2009 improvement 2010 activities. 2011 MULTI- YEAR GOAL Expected Actual Percent Number Number Completed 0 0 N/A 0 2 N!A ~ ~i~ io 4 LO 2 20 7/. 1-3 Expected Actual Percent Number Number Completed 1 0 0% 0 0 N/A 1 0 1 0 1 4 0 0% rva ~ NiA r.l 0 ~ N!a1 ~. iV7 f!l.'CI-9 Ciry of Meridian, Idaho Z9 2011 DRAFT Annual Action Plan Appendix B.2 Table 3B: Annual Affordable Housing Completion Goals Grantee Name: City of Meridian Expected Annual Actual Annual Resources used during the eriod Program Year: 2011 Number of Units To Be Com leted Number of Units Completed CDBG HOME ESG HOPW A BENEFICIARY GOALS Sec. 215 Onl Homeless households 0 ^ ^ ^ ^ Non-homeless households 0 ^ ^ ^ ^ Special needs households 0 ^ ^ ^ ^ Total Sec. 215 Beneficiaries* ^ ^ ^ ^ RENTAL GOALS sec. 2~5 Onl Acquisition of existing units 0 ^ ^ ^ Production of new units 0 ^ ^ ^ Rehabilitation of existing units 0 ^ ^ ^ ^ Rental Assistance 0 ^ ^ ^ Total Sec. 215 Affordable Rental 0 ^ ^ ^ ^ HOME OWNER GOALS Sec. 215 Onl Acquisition of existing units 0 ^ ^ Production of new units 0 ^ ^ Rehabilitation of existing units 0 ^ ^ Homebuyer Assistance 6 ® ^ ^ Total Sec. 215 Affordable Owner 6 ® ^ ^ ^ COMBINED RENTAL AND OWNER GOALS Sec. 215 Onl Acquisition of existing units 0 ^ ^ ^ Production of new units 0 ^ ^ ^ Rehabilitation of existing units 0 ^ ^ ^ ^ City of Meridian, Idaho 30 2011 DRAFT Annual Action Plan City of Meridian, Idaho 31 2011 DRAFT Annual Action Plan Appendix B.3(a) Table 3C Consolidated Plan Listing of Projects Jurisdiction's Name: City of Meridian, Idaho Priority Need: Program Administration Project Title PY2011 Program Administration Description The City's Overall CDBG program management, coordination, monitoring, reporting, and evaluation will include the following types of assistance: • Coordinating Fair Housing activities with regional partners ^ Ensuring compliance with the adopted Consolidated Plan ^ Preparing program budgets, schedules and amendments ^ Evaluating program results against stated objectives ^ Monitoring program activities for progress and compliance; audit and monitoring findings ^ Preparing reports and other documents for submission to HUD Developing agreements to carry out program activities Updating Five Year Consolidated Plan Objective category: ^ Suitable Living Environment ^ Decent Housing ^ Economic Opportunity Outcome category: ^ Availability/Accessibility ^ Affordability ^ Sustainability Location/Target Area Citywide as applicable Objective Number Project ID HUD Matrix Code CDBG Citation 21A 24 CFR § 570.206 Type of Recipient CDBG National Objective Entitlement N/A Start Date Completion Date 10/01/2011 09/30/2012 Performance Indicator Annual Units N/A N/A Local ID Units Upon Completion N/A Funding Sources: CDBG ESG HOME HOPWA Total Formula Prior Year Funds Assisted Housing PHA Other Funding Total $46,109.00 ................................................................... $46,109.00 ................................................................... .$46,109.00 . . .. .. .. . .. . .. . .. .. . .. . . . . . . . . . . . . . . . . . . . . . . . . . City of Meridian, Idaho 2011 DRAFT Annual Action Plan 32 Appendix B.3(b) Jurisdiction's Name: Priority Need: Project Title Table 3C Consolidated Plan Listing of Projects City of Meridian, Idaho Suitable Living Environment All Abilities Playground Description The City will provide funding to purchase playground equipment for an all-abilities playground to be located at Meridian Elementary School within the identified LMI area. Objective category: ®Suitable Living Environment ^ Decent Housing ^ Economic Opportunity Outcome category: ®Availability/Accessibility ^ Affordability ^ Sustainability Location/Target Area 1035 NW 1st Street, Census Tract 10322, Block Group 1 Objective Number Project ID SL 1.1 HUD Matrix Code CDBG Citation 03F 24 CFR § 570.201(c) Type of Recipient CDBG National Objective Subrecipient LMA Start Date Completion Date 10/01/2011 09/30/2012 Performance Indicator Annual Units Coro leted Facilit 1 Local ID Units Upon Completion 1 The primary propose of the project is to help: Funding Sources: CDBG ESG HOME HOPWA Total Formula Prior Year Funds Assisted Housing PHA Other Funding Total ^ The Homeless ^ Persons with HIV/AIDS ^ Persons with Disabilities ^ Public Housing Needs $? $? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . City of Meridian, Idaho 33 2011 DRAFT Annual Action Plan Appendix B.3(c) Table 3C Consolidated Plan Listing of Projects Jurisdiction's Name: City of Meridian, Idaho Priority Need: Affordable Housing Project Title Ada County Housing Authority Homeownership Description The City will provide funding for the Boise City/Ada County Housing Authority to provide direct homeownership assistance to help LMI individuals purchase homes. Objective category: ^ Suitable Living Environment ®Decent Housing ^ Economic Opportunity Outcome category: ^ Availability/Accessibility ®Affordability ^ Sustainability Location/Target Area Citywide as applicable Objective Number Project ID DH 2.2 HUD Matrix Code CDBG Citation 13 24 CFR § 570.201(n) Type of Recipient CDBG National Objective Subrecipient LMH Start Date Completion Date 10/0l /2011 09/3 0/2012 Performance Indicator Annual Units Households 1 Local ID Units Upon Completion 1 Funding Sources: CDBG ESG HOME HOPWA Total Formula Prior Year Funds Assisted Housing PHA Other Funding Total $15,000.00 ................................................................... $15,000.00 ................................................................... ,$15x000.00 . ............................................................ The primary purpose of the project is to help: ^ The Homeless ^ Persons with HIV/AIDS ^ Persons with Disabilities ^ Public Housing Needs City of Meridian, Idaho 34 2011 DRAFT Annual Action Plan Appendix B.3(d) Jurisdiction's Name: Priority Need: Project Title Table 3C Consolidated Plan Listing of Projects City of Meridian, Idaho Affordable Housing NHS Lending, Inc. Description The City will provide funding for the Neighborhood Housing Services to provide direct homeownership assistance to help LMI individuals purchase homes. Objective category:. ^ Suitable Living Environment ®Decent Housing ^ Economic Opportunity Outcome category: ^ Availability/Accessibility ®Affordability ^ Sustainability Location/Target Area Citywide as applicable Objective Number Project ID DH 2.2 HUD Matrix Code CDBG Citation 13 24 CFR § 570.201(n) Type of Recipient CDBG National Objective Subreci Tent LMH Start Date Completion Date 10/01/2010 09/30/2011 Performance Indicator Annual Units Households 2 Local ID Units Upon Completion 2 The primary purpose of the project is to help: Ftirnding Sources: CDBG ESG HOME HOPWA Total Formula Prior Year Funds Assisted Housing PHA Other Funding Total $20,000.00 ................................................................... $20,000.00 ................................................................... ................................................................... $20,000.00 ................................................................... ^ The Homeless ^ Persons with HIV/AIDS ^ Persons with Disabilities ^ Public Housing Needs Appendix B.3(e) Jurisdiction's Name: Priority Need: Project Title: Description Table 3C Consolidated Plan Listing of Projects City of Meridian, Idaho Suitable Living Environment -Public Services Meridian Food Bank CDBG funding will assist the Meridian Food Bank in purchasing equipment and supplies related to their primary function; providing food to individuals and families in need. Equipment may include refrigerators/freezers for food storage, a truck to pick up and transport food, and computers to (1) track food, monetary donations, and inventory, and (2) monitor and report finances for documentation purposes. Objective category: ®Suitable Living Environment ^ Decent Housing ^ Economic Opportunity Outcome category: ®Availability/Accessibility ^ Affordability ^ Sustainability Location/Target Area Meridian Food Bank - 15 E. Bower; East of/adjacent to Census Tract101322, Block Group 2 Objective Number Project ID SL3.3 HUD Matrix Code CDBG Citation OS 24 CFR § 570.201(e) Type of Recipient CDBG National Objective Subrecipient LMC Start Date Completion Date 10/01/2011 09/30/2012 Performance Indicator Annual Units Residents 1,000 Local ID Units Upon Completion 1,000 The primary purpose of the project is to help: N~nding Sources: CDBG ESG HOME HOPWA Total Formula Prior Year Funds Assisted Housing PHA Other Funding Total ^ The Homeless ^ Persons with HIV/AIDS ^ Persons with Disabilities ^ Public Housing Needs $24,600.00 . ............................................................ $24,600.00 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $24,600.00 ................................................................... City of Meridian, Idaho 36 2010 Action Plan Appendix B.3(f) Jurisdiction's Name: Priority Need: Project Title: Description Table 3C Consolidated Plan Listing of Projects City of Meridian, Idaho Suitable Living Environment -Public Services Meridian Boys & Girls Club CDBG funding will assist the Meridian Boys and Girls Club in providing scholarships to children of LMI households for the purpose of attending the Club's fee based programs. Objective category: ®Suitable Living Environment ^ Decent Housing ^ Economic Opportunity Outcome category: ®Availability/Accessibility ^ Affordability ^ Sustainability Location/Target Area Meridian Boys and Girls Club - 911 N. Meridian Road, Census Tract 10322, Block Group 1. Objective Number Project ID SL3.3 IIiTD Matrix Code CDBG Citation OSD 24 CFR § 570.201(e) Type of Recipient CDBG National Objective Subrecipient LMC Start Date Completion Date 10/0l /2011 0 9/3 0/2012 Performance Indicator Annual Units Residents 30 Local ID Units Upon Completion 30 The primary propose of the project is to help: Funding Sources: CDBG ESG HOME HOPWA Total Formula Prior Year Funds Assisted Housing PHA Other Funding Total ^ The Homeless ^ Persons with HIV/AIDS ^ Persons with Disabilities ^ Public Housing Needs $10,000.00 ................................................................... $10,000.00 ................................................................... .$107000:00 . . . . . . . . . . . . . . . . . . . . . . . . . . City of Meridian, Idaho 37 2011 DRAFT Annual Action Plan Appendix B.3(g) Jurisdiction's Name: Priority Need: Project Title Table 3C Consolidated Plan Listing of Projects City of Meridian, Idaho Economic Development Fagade Improvements Description Partner with Meridian Development Corporation to complete one facade improvement project to address slum and blight in the Urban Renewal Area. Objective category: ^ Suitable Living Environment ^ Decent Housing ®Economic Opportunity Outcome category: ®Availability/Accessibility ^ Affordability ^ Sustainability Location/Target Area Project will be located within the City's urban renewal area. The exact location will be determined by the MDC Board. Objective Number Project ID E03.1 HUD Matrix Code CDBG Citation 14E 24 CFR § 570.202 a 3) Type of Recipient CDBG National Objective Subrecipient SBA Start Date Completion Date 10/01/2011 09/30/2012 Performance Annual Units Indicator: 1 Facades improved Local ID Units Upon Completion 1 The primary purpose of the project is to help: Funding Sources: CDBG ESG HOME HOPWA Total Formula Prior Year Funds Assisted Housing PHA Other Funding Total ^ The Homeless ^ Persons with HIV/AIDS ^ Persons with Disahili[ies ^ Public Housing Needs $40,000.00 $40,000.00 ................................................................... . ............................................................ $40,000.00 ................................................................... City of Meridian, Idaho 38 2011 DRAFT Annual Action Plan Appendix B.3(h) Table 3C Consolidated Plan Listing of Projects Jurisdiction's Name: City of Meridian, Idaho Priority Need: Suitable Living Environment Infrastructure Improvement/Public Facilities Project Title: Pedestrian Lighting Description (FALL-BACK ACTIVITY) Should any activity proposed in PY2011 fail to move forward, the City will design and install pedestrian lighting improvements along one or two roadway segments in the LMI area around Downtown. The first roadway segment proposed for pedestrian lighting is Cherry Lane along the frontage of the Meridian Middle School. The second roadway segment would be on Camellia and Washington from just east of Linder Road to 8`I' Street. Objective category: ®Suitable Living Environment ^ Decent Housing ^ Economic Opportunity Outcome category: ^ Availability/Accessibility ^ Affordability ®Sustainability Location/Target Area Census Tract 10322, Block Group 1 (45.01 %LMI) Objective Number Project ID SLl.I HUD Matrix Code CDBG Citation 03K 24 CFR § 570.201(c) Type of Recipient CDBG National Objective Subreci Tent LMA Start Date Completion Date 10/0l /2011 09/ 3 0/2012 Performance Indicator Annual Units Completed Facility 2 Local ID Units Upon Completion 2 Funding Sources: CDBG ESG HOME HOPWA Total Formula Prior Year Funds Assisted Housing PHA Other Funding Total $75,000.00 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ................................................................... $75,000.00 $75,000.00 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The primary purpose of the project is to help: ^ The Homeless ^ Persons with HIV/AIDS ^ Persons with Disabilities ^ Public Housing Needs City of Meridian, Idaho 39 2011 DRAFT Annual Action Plan ~Q~~,aM~HTO,~y~~ APPENDIX C: CERTIFICATIONS ~I * ~ CPMP Non-State Grantee ~g~ '~r~l ~~ Certifications Q ~~'1N DEV~~~ Many elements of this document may be completed electronically, however a signature must be manually applied and the document must be submitted in paper form to the Field Office. NON-STATE GOVERNMENT CERTIFICATIONS In accordance with the applicable statutes and the regulations governing the consolidated plan regulations, the jurisdiction certifies that: Affirmatively Further Fair Housing -- The jurisdiction will affirmatively further fair housing, which means it will conduct an analysis of impediments to fair housing choice within the jurisdiction, take appropriate actions to overcome the effects of any impediments identified through that analysis, and maintain records reflecting that analysis and actions in this regard. Anti-displacement and Relocation Plan -- It will comply with the acquisition and relocation requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, and implementing regulations at 49 CFR 24; and it has in effect and is following a residential antidisplacement and relocation assistance plan required under section 104(d) of the Housing and Community Development Act of 1974, as amended, in connection with any activity assisted with funding under the CDBG or HOME programs. Drug Free Workplace -- It will or will continue to provide adrug-free workplace by: 1. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; 2. Establishing an ongoing drug-free awareness program to inform employees about - a. The dangers of drug abuse in the workplace; b. The grantee's policy of maintaining adrug-free workplace; c. Any available drug counseling, rehabilitation, and employee assistance programs; and d. The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; 3. Making it a requirement that each employee to be engaged in the pertormance of the grant be given a copy of the statement required by paragraph 1; 4. Notifying the employee in the statement required by paragraph 1 that, as a condition of employment under the grant, the employee will - a. Abide by the terms of the statement; and b. Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring In the workplace no later than five calendar days after such conviction; 5. Notifying the agency in writing, within ten calendar days after receiving notice under subparagraph 4(b) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, Including position title, to every grant officer or other designee on whose grant activity the convicted employee was working, unless the Federal agency has designated a central point for the receipt of such notices. Notice shall include the identification number(s) of each affected grant; 6. Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph 4(b), with respect to any employee who is so convicted - a. Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or b. Requiring such employee to participate satisfactorily In a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; 7. Making a good faith effort to continue to maintain adrug-free workplace through implementation of paragraphs 1, 2, 3, 4, 5 and 6. Anti-Lobbying -- To the best of the jurisdiction's knowledge and belief: City of Meridian, Idaho 40 2011 DRAFT Annual Action Plan 8. No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to Influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement; 9. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, it will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying;' in accordance with its instructions; and 10. It will require that the language of paragraph 1 and 2 of this anti-lobbying certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. Authority of Jurisdiction --The consolidated plan is authorized under State and local law (as applicable) and the jurisdiction possesses the legal authority to carry out the programs for which it is seeking funding, in accordance with applicable HUD regulations. Consistency with plan -- The housing activities to be undertaken with CDBG, HOME, ESG, and HOPWA funds are consistent with the strategic plan. Section 3 -- It will comply with section 3 of the Housing and Urban Development Act of 1968, and implementing regulations at 24 CFR Part 135. Signature/Authorized Official Date Name Title 33 E. Broadwa Address Meridian Idaho 83642 City/State/Zip 208-888-4433 Telephone Number City of Meridian, Idaho 41 2011 DRAFT Annual Action Plan Specific CDBG Certifications The Entitlement Community certifies that Citizen Participation -- It is in full compliance and following a detailed citizen participation plan that satisfies the requirements of 24 CFR 91.105. Community Development Plan -- Its consolidated housing and community development plan identifies community development and housing needs and specifies both short-term and long-term community development objectives that provide decent housing, expand economic opportunities primarily for persons of low and moderate income. (See CFR 24 570.2 and CFR 24 part 570) Following aPlan -- It is following a current consolidated plan (or Comprehensive Housing Affordability Strategy) that has been approved by HUD. Use of Funds -- It has complied with the following criteria 11. Maximum Feasible Priority -With respect to activities expected to be assisted with CDBG funds, it certifies that it has developed its Action Plan so as to give maximum feasible priority to activities which benefit low and moderate income families or aid in the prevention or elimination of slums or blight. The Action Plan may also include activities which the grantee certifies are designed to meet other community development needs having a particular urgency because existing conditions pose a serious and immediate threat to the health or welfare of the community, and other financial resources are not available); 12. Overall Benefit -The aggregate use of CDBG funds Including section 108 guaranteed loans during program year(s) 2007, 2006, 2009, (a period specified by the grantee consisting of one, two, or three specific consecutive program years), shall principally benefit persons of low and moderate income In a manner that ensures that at least 70 percent of the amount is expended for activities that benefit such persons during the designated period; 13. Special Assessments - It will not attempt to recover any capital costs of public improvements assisted with CDBG funds including Section 108 loan guaranteed funds by assessing any amount against properties owned and occupied by persons of low and moderate income, including any fee charged or assessment made as a condition of obtaining access to such public improvements. However, if CDBG funds are used to pay the proportion of a fee or assessment that relates to the capital costs of public improvements (assisted in part with CDBG funds) financed from other revenue sources, an assessment or charge may be made against the property with respect to the public improvements financed by a source other than CDBG funds. The jurisdiction will not attempt to recover any capital costs of public improvements assisted with CDBG funds, including Section 108, unless CDBG funds are used to pay the proportion of fee or assessment attributable to the capital costs of public improvements financed from other revenue sources. In this case, an assessment or charge may be made against the property with respect to the public improvements financed by a source other than CDBG funds. Also, in the case of properties owned and occupied by moderate-income (not low-income) families, an assessment or charge may be made against the property for public improvements financed by a source other than CDBG funds if the jurisdiction certifies that it lacks CDBG funds to cover the assessment. Excessive Force -- It has adopted and is enforcing 14. A policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in non-violent civil rights demonstrations; and 15. A policy of enforcing applicable State and local laws against physically barring entrance to or exit from a facility or location which is the subject of such non-violent civil rights demonstrations within its jurisdiction; Compliance With Anti-discrimination laws -- The grant will be conducted and administered in conformity with title VI of the Civil Rights Act of 1964 (42 USC 2000d), the Fair Housing Act (42 USC 3601-3619), and implementing regulations. Lead-Based Paint -- Its activities concerning lead-based paint will comply with the requirements of part 35, subpar[s A, B, J, K and R, of title 24; City of Meridian, Idaho 42 2011 DRAFT Annuel Action Plan Compliance with Laws -- It will comply with applicable laws. Signature/Authorized Official Date Name Title 33 E. Broadwa Address Meridian Idaho 83642 City/State/Zip ZOS-888-4433 Telephone Number City of Meridian, Idaho 43 2011 DRAFT Annual Action Plan OPTIONAL CERTIFICATION CDBG Submit the following certification only when one or more of the activities in the action plan are designed to meet other community development needs having a particular urgency as specified in 24 CFR 570.208(c): The grantee hereby certifies that the Annual Plan Includes one or more specifically identified CDBG-assisted activities, which are designed to meet other community development needs having a particular urgency because existing conditions pose a serious and Immediate threat to the health or welfare of the community and other financial resources are not available to meet such needs. Signature/Authorized Official Date Name Title Address City/State/Zip Telephone Number City of Meridian, Idaho 44 2011 DRAFT Annua] Action Plan Specific HOME Certifications The HOME participating jurisdiction certifies that: Tenant Based Rental Assistance -- If the participating jurisdiction intends to provide tenant-based rental assistance: The use of HOME funds for tenant-based rental assistance is an essential element of the participating jurisdiction's consolidated plan for expanding the supply, affordability, and availability of decent, safe, sanitary, and affordable housing. Eligible Activities and Costs -- it is using and will use HOME funds for eligible activities and costs, as described in 24 CFR § 92.205 through 92.209 and that It is not using and will not use HOME funds for prohibited activities, as described in § 92.214. Appropriate Financial Assistance -- before committing any funds to a project, it will evaluate the project in accordance with the guidelines that it adopts for this purpose and will not invest any more HOME funds in combination with other Federal assistance than is necessary to provide affordable housing; Signature/Authorized Official Date Name Title Address City/State/Zip Telephone Number City of Meridian, Idaho 45 2011 DRAFT Annual Action Plan HOPWA Certifications The HOPWA grantee certifies that: Activities -- Activities funded under the program will meet urgent needs that are not being met by available public and private sources. Building -- Any building or structure assisted under that program shall be operated for the purpose specified in the plan: 1. For at least 10 years in the case of assistance involving new construction, substantial rehabilitation, or acquisition of a facility, 2. For at least 3 years in the case of assistance involving non-substantial rehabilitation or repair of a building or structure. Signature/Authorized Official Date Name Title Address City/State/Zip Telephone Number City of Meridian, Idaho 46 2011 DRAFT Annual Action Plan ESG Certifications I, Mayor Tammy de Weerd, Chief Executive Officer of Error! Not a valid link., certify that the local government will ensure the provision of the matching supplemental funds required by the regulation at 24 CFR 576.51. I have attached to this certification a description of the sources and amounts of such supplemental funds. I further certify that the local government will comply with: 1. The requirements of 24 CFR 576.53 concerning the continued use of buildings for which Emergency Shelter Grants are used for rehabilitation or conversion of buildings for use as emergency shelters for the homeless; or when funds are used solely for operating costs or essential services. 2. The building standards requirement of 24 CFR 576.55. 3. The requirements of 24 CFR 576.56, concerning assurances on services and other assistance to the homeless. 4. The requirements of 24 CFR 576.57, other appropriate provisions of 24 CFR Part 576, and other applicable federal laws concerning nondiscrimination and equal opportunity. 5. The requirements of 24 CFR 576.59(b) concerning the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970. 6. The requirement of 24 CFR 576.59 concerning minimizing the displacement of persons as a result of a project assisted with these funds. 7. The requirements of 24 CFR Part 24 concerning the Drug Free Workplace Act of 1988. 8. The requirements of 24 CFR 576.56(a) and 576.65(b) that grantees develop and implement procedures to ensure the confidentiality of records pertaining to any individual provided family violence prevention or treatment services under any project assisted with ESG funds and that the address or location of any family violence shelter project will not be made public, except with written authorization of the person or persons responsible for the operation of such shelter. 9. The requirement that recipients involve themselves, to the maximum extent practicable and where appropriate, homeless individuals and families in policymaking, renovating, maintaining, and operating facilities assisted under the ESG program, and in providing services for occupants of these facilities as provided by 24 CFR 76.56. 10. The requirements of 24 CFR 576.57(e) dealing with the provisions of, and regulations and procedures applicable with respect to the environmental review responsibilities under the National Environmental Policy Act of 1969 and related authorities as specified in 24 CFR Part 58. 11. The requirements of 24 CFR 576.21(a)(4) providing that the funding of homeless prevention activities for families that have received eviction notices or notices of termination of utility services will meet the requirements that: (A) the inability of the family to make the required payments must be the result of a sudden reduction in income; (B) the assistance must be necessary to avoid eviction of the family or City of Meridian, Idaho 47 2011 DRAFT Annual Action Plan termination of the services to the family; (C) there must be a reasonable prospect that the family will be able to resume payments within a reasonable period of time; and (D) the assistance must not supplant funding for preexisting homeless prevention activities from any other source. 12. The new requirement of the McKinney-Vento Act (42 USC 11362) to develop and implement, to the maximum extent practicable and where appropriate, policies and protocols for the discharge of persons from publicly funded institutions or systems of care (such as health care facilities, foster care or other youth facilities, or correction programs and institutions) in order to prevent such discharge from immediately resulting in homelessness for such persons. I further understand that state and local governments are primarily responsible for the care of these individuals, and that ESG funds are not to be used to assist such persons in place of state and local resources. 13. HUD's standards for participation in a local Homeless Management Information System (HMIs) and the collection and reporting of client-level information. I further certify that the submission of a completed and approved Consolidated Plan with its certifications, which act as the application for an Emergency Shelter Grant, is authorized under state and/or local law, and that the local government possesses legal authority to carry out grant activities in accordance with the applicable laws and regulations of the U. S. Department of Housing and Urban Development. Signature/Authorized Official Date Name Title 33 E. Broadwa Address Meridian Idaho 83642 City/State/Zip 208-888-4433 Telephone Number Ciry of Meridian, Idaho 48 2011 DRAFT Annual Action Plan APPENDIX TO CERTIFICATIONS Instructions Concerning Lobbying and Drug-Free Workplace Requirements Lobbying Certification This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Drug-Free Workplace Certification 3. By signing and/or submitting this application or grant agreement, the grantee is providing the certification. 4. The certification is a material representation of fact upon which reliance is placed when the agency awards the grant. If it is later determined that the grantee knowingly rendered a false certification, or otherwise violates the requirements of the Drug- Free Workplace Act, HUD, in addition to any other remedies available to the Federal Government, may take action authorized under the Drug-Free Workplace Act. 5. Workplaces under grants, for grantees other than individuals, need not be identified on the certification. If known, they may be identified in the grant application. If the grantee does not identify the workplaces at the time of application, or upon award, if there is no application, the grantee must keep the identity of the workplace(s) on file in its office and make the information available for Federal inspection. Failure to identify all known workplaces constitutes a violation of the grantee's drug-free workplace requirements. 6. Workplace identifications must include the actual address of buildings (or parts of buildings) or other sites where work under the grant takes place. Categorical descriptions may be used (e.g., all vehicles of a mass transit authority or State highway department while in operation, State employees in each local unemployment office, performers in concert halls or radio stations). 7. If the workplace identified to the agency changes during the performance of the grant, the grantee shall inform the agency of the change(s), if it previously identified the workplaces in question (see paragraph three). 8. The grantee may insert in the space provided below the site(s) for the performance of work done in connection with the specific grant: Place of Performance (Street address, city, county, state, zip code) Check if there are workplaces on file that are not identified here. The certification with regard to the drug-free workplace is required by 24 CFR part 21. Place Name Street Cit Count state Zi Meridian Cit Hall 33 E. Broadwa Meridian Ada ID 83642 9. Definitions of terms in the Nonprocurement Suspension and Debarment common rule and Drug-Free Workplace common rule apply to this certification. Grantees' attention is called, in particular, to the following definitions from these rules: "Controlled substance" means a controlled substance in Schedules I through V of the Controlled Substances Act (21 U.S.C. 812) and as further defined by regulation (21 CFR 1308.11 through 1308.15); "Conviction" means a finding of guilt (including a plea of no/o contendere) or imposition of sentence, or both, by any judicial body charged with the responsibility to determine violations of the Federal or State criminal drug statutes; "Criminal drug statute" means a Federal or non-Federal criminal statute involving the manufacture, distribution, dispensing, use, or possession of any controlled substance; "Employee" means the employee of a grantee directly engaged in the performance of work under a grant, including: a. All "direct charge" employees; b. all "indirect charge" employees unless their impact or involvement is insignificant to the pertormance of the grant; and c. temporary personnel and consultants who are directly engaged in the performance of work under the grant and who are on the grantee's payroll. This definition does not include workers not on the payroll of the grantee (e.g., volunteers, even if City of Meridian, Idaho 49 2011 DRAFT Annual Action Plan used to meet a matching requirement; consultants or independent contractors not on the grantee's payroll; or employees of subrecipients or subcontractors in covered workplaces). Note that by signing these certifications, certain documents must completed, in use, and on file for verification. These documents include: 1. Analysis of Impediments to Fair Housing 2. Citizen Participation Plan 3. Anti-displacement and Relocation Plan Signature/Authorized Official Date Name Title 33 E. Broadwa Address Meridian Idaho 83642 City/State/Zip 208-888-4433 Telephone Number Ciry of Meridian, Idaho 50 2011 DRAFT Annual Action Plan APPENDIX D: SF 424 OMB Number: 4040-0004 Expiration Date: 01/31/2009 Application for Federal Assistance SF-424 Version 02 *1. Type of Submission: *2. Type of Application * If Revision, select appropriate letter(s) ^ Preapplication ^ New ® Application ®Continuation *O[her (Specify) ^ Changed/Corrected Application ^ Revision 3. Date Received: 4. Applicant Identifier: 5a. Federal Entity Identifier: *Sb. Federal Award Identifier: State Use Only: 6. Date Received by State: 7. State Application Identifier: 8. APPLICANT INFORMATION: *a. Legal Name: CITY OF MERIDIAN, IDAHO *b. Employer/Taxpayer Identification Number (EIN/TIN): *c. Organizational DUNS: 82-6000225 028 451 367 d. Address: *Street 1: 33 E. Broadway Street 2: *City: Meridian County: Ada *State: Idaho Province: *Country: USA *Zip !Postal Code 83642 e. Organizational Unit: Department Name: Division Name: Meridian Planning Department f. Name and contact information of person to be contacted on matters involving this application: Prefix: *First Name: Caleb Middle Name: *Last Name: Hood Ciry of Meridian, Idaho 51 2011 DRAFT Annual Action Plan Suffix: Title: Planning Manager Organizational Affiliation: "Telephone Number: 208-884-5533 Fax Number: 208-888-6854 *Email: chood@meridiancity.org OMB Number: 4040-0004 Expiration Date: 01/31/2009 Application for Federal Assistance SF-424 Version 02 *9. Type of Applicant 1: Select Applicant Type: C. City or Township Government Type of Applicant 2: Select Applicant Type: Type of Applicant 3: Select Applicant Type: *Other (Specify) *10 Name of Federal Agency: HUD 11. Catalog of Federal Domestic Assistance Number: CFDA Title: *12 Funding Opportunity Number: 14.218 *Title: COMMUNITY DEVELOPMENT BLOCK GRANT/ENTITLEMENT GRANTS 13. Competition Identification Number: Title: City of Meridian, Idaho SZ 2011 DRAFT Annual Action Plan 14. Areas Affected by Project (Cities, Counties, States, etc.): CITY OF MERIDIAN, IDAHO *15. Descriptive Title of Applicant's Project: Investment funds to create/sustain suitable living environments, expand affordable housing opportunities, eliminate slum and blight, and administer the CDBG program. OMB Number: 4040-0004 Expiration Date: 01/31/2009 Application for Federal Assistance SF-424 Version o2 16. Congressional Districts Of: *a. Applicant: 1 *b. Program/Project: 1 17. Proposed Project: *a. Start Date: 10/01/2011 *b. End Date: 09/30/2012 18. Estimated Funding ($): *a. Federal 230,709.00 *b. Applicant *c. State *d. Local *e. Other *f. Program Income *g. TOTAL 230,709.00 *19. Is Application Subject to Review By State Under Executive Order 12372 Process? ^ a. This application was made available to the State under the Executive Order 12372 Process for review on ^ b. Program is subject to E.O. 12372 but has not been selected by the State for review. ® c. Program is not covered by E. O. 12372 *20. Is the Applicant Delinquent On Any Federal Debt? (If "Yes", provide explanation.) ^ Yes ® No City ofMeridian, Idaho 53 201 I DRAFT Annual Action Plan 21. *By signing this application, I certify (1) to the statements contained in the list of certifications** and (2) that the statements herein are true, complete and accurate to the best of my knowledge. I also provide the required assurances** and agree to comply with any resulting terms if I accept an award. I am aware that any false, fictitious, or fraudulent statements or claims may subject me to criminal, civil, or administrative penalties. (U. S. Code, Title 218, Section 1001) ® **IAGREE ** The list of certifications and assurances, or an Internet site where you may obtain this list, is contained in the announcement or agency specific instructions Authorized Representative: Prefix: *First Name: Tammv Middle Name: *Last Name: De Weerd Suffix: *Title: Mayor *Telephone Number: 208-888-4433 Fax Number: 208-684-8723 * Email: deweerdt@meridiancity.org *Signature of Authorized Representative: *Date Signed: Authorized for Local Reproduction Standard Form 424 (Revised 10/2005) Prescribed by OMB Circular A-102 City of Meridian, Idaho 54 2011 DRAFT Annual Action Plan OMB Number: 4040-0004 Expiration Date: 01/31/2009 Application for Federal Assistance SF-424 Version 02 Ciry of Meridian, Idaho 55 201 ]DRAFT Annual Action Plan "Applicant Federal Debt Delinquency Explanation The following should contain an explanation if the Applicant organization is delinquent of any Federal Debt. City of Meridian, Idaho 56 2011 DRAF'"I' Annual Action Plan IN STRUCTdONS FOR THE SFJ24 Pu6kc reporting bunlen fir this cdedion aFinfarmalion h estimated b average t10 nriartes par response, including bore far revien:rg irsktrdions, searching existing data saumes, ga0raring and maintaining the data rarefied, and completing and reviewing the collectionof information. Sendcanmernts r~arding dte 6Wen estbnate w arty agser aspect of this cdledian aFirrfonmalion, including suggestions tar reducmg Ibis hrrden, b gre Ixfiae of Management and Budget, Paperwork Reduction Pmjed [0348-0043), Washingbn, DC 2175[13. PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET. SEND li TO THE A60RESS PROVIDED BY THE SPONSORING AGENCY. Tliis is a ste¢derd form (iwlrufi¢g rbe camianatiav sheet] required br use es a cospr sheet for sub¢sissio¢ afpreapplications sod applfcatiaus acct related iufi+*n++*lan under discreriousry programs. Some of the items ate regtdred and same are aptio¢el ar the discretio¢ of the applica¢t w the Rural ag~ettry (ageruq). Regtdred icems are identified wirh an asterisk tm the form and are specified i¢ the iusmrctiaus below. l¢ addition to the iastructians provided below, appticauts must co¢nth a@evcy iosuvctio¢s re dMemti¢e spetific requireme¢is. Item Item Enl 1. Type of Submission: (Required): Select one type of submission in 1D. Name Of Federal Agency: {Required} Enter qte nantenf Rte accordance wign agency irsimdions. Federal agency from ud~ich assistance is being requested with Preappliratian this applicaliorn. Applieapion Ghanged7Carreded Application - It requested 6y the agency, dteck 11_ Catalog Of Federal Domestic Assistance NumherfTikle: i(Ihis submission h b change w correct a previously submitted Enlerlhe Catalog of Federal ~mestic Assistance number and appicalion. Unless requested by the agency, applicants may not title of fire program under whidn assistance is regrresled, as use This b submit ckanges alter gre closing daEe. found in the program amouncemeM, if appicattle. 2. Type aF Application: (Requied) Seledane type of application in 12. Funding Opportunity NumbcrRiOe: (Requied) tinter the accordance wiltn agency irskudians. Funding OppoAUnily Number and Mle tithe apparlunity under Flew-An application Otai is being snbanitted b an agency brlhe which assistance is requested, as found in the pmgram first lime. annaratcemenl. Cantenration -An exlensforr for an additiasal fundingfbudgel period 13. Campelitian Wenlification NumberfTille: Eller Ore bra project with a projected compk4ion date. TNs ran include Calrnpetiiion Identification Num6erand title d the wmpelifnn renewals. under vdrictt assistance is regrtesled, if appficable_ Revision -Arty dwnge in qre Federal Government's fnancfal ohigation or eantirngeM0a6ilily tram an existing obligation. H a revision, enter pre appropdate ktier(s). Mare than one may he selected. If'tDlhet' is selected, please spetaiy in text box provided. 14_ Areas ANecled By Project: List the areas weMitres usutg A Increase Award B. Decrease Award Mhe cahegodes (e_g_, ages, counties, stales, etc.) spet~ed in C. Increase Duration 6_ Decrease Duration agency inshredons. Use the caMinuation street to enter E. Other addilianal areas, if needed. 3. Date Received: Leave Ibis ffeld 61antc. This date will be assigned by Sne 15. Descriptive TiOe of AppliaanYs Project: (Regrnered) Enter a Federal agency. brief descdptive title of Ure project. If appropriate, attach a map showing project location (e-0., cansinaction a real 4. Applirant IdcMffier. Enter gne eartity identifier assipted by the Federal properly projects). Fw preappications, atach a summary agency, if arty, or applicant's cordrd nu~er, if appicahle. desraptian of the project. 5a Federal Entity Identifrer: Enter the raanher assigned b your 10. Congressional Oistdols OF: (Required} 10a. Enter the organization by the Federal ,4gency, if any. appicant's Cangressianal Distdd, and iBb. Enter all District(s) 5b. Federal Award IdenfiFer: For new applicatorts leave Wante. Far a affected by the pmgram w project. Enter in the brmat 2 continuakion w revision b an existing award, enter the previously characters Stale Abbreviation-3 characters District Number, assigned Federal award ident5er number_ IF a charngedreorreded e_g, OA-005 fan Oalifomia 5a district, CA-0f2 far Caffamia 12a appliration, en~r tlce Federal IdentiSer o accordance wdh agency distrieL NC-103 far North Carolinas 1g3"r diskrd. ¢rstmciians. If a• congressional disrivts in a state are affected, enter d. Dabs Receired by Slate: Leave this field blank. This dale wit tie 'all' far the district number, e.g_, MO-all far all asst nod b Nre Slate, if a licable_ cargressional disidcks in Maryland. 7. State Application Wenlitier. Leave Ihts field blank This idenhiiervii IP nationwide, t.e. all districts wi0nin all states are affected, be assigned by the Slate, iF applicable. enter W-all_ If the pragramiprojed is outside the US enter 00-0OD 13. Applicant Information: Eller tle bllowing it accordance welh agency , . irsiructions: a. Legal Name: (Required): Enter the legal name aF appPicanl9haR will 17. Proposed Project Start and End Dates: (Rego"ved} Entar the undertake Se assistance actiaity. This is the name Drat Se argan¢alion proposed start date and end dafr of the project. has regis>Ered wigs fine Central Conlmcmr Registry_ Information on isledn swlh CCR m he obtained visit the Cxan ou webs~_ 6_ Ertgtloyerfiaapayer Number (EUN/fIN]: (Required}: Eller ge Empbyeror Taxpayer IdenWfiaation Number (EIN or TIN) as assigned by 18. Estimated Funding: (Required} Enlerlhe amotmt requested the Internal Reverare Service. IF your organization is nM it pre US, enter w b tie coMrihuled dudng the frsf tundingJbudgH period b7r 44-0444494. each cantdbutw. Value of in-kind cantdhutions should be c. Organizational DUNS: (Required} Enlerlhe organization"s Dt1N5 ar included on ~propdale roes, as applicable. g the action will OUNSa•4 rarmher received from Dun and &adslreet. Infmmalian on result in a dollar change 6o an ezislog award, idicale mtly the alt~iiirg a DUNS rnunber may tie obtained by visidg the Grants_gw amount Mihe change. Fw decreases, endow Ore amounts in tuebsi0e. parentheses. d. Rddress: Enter the complete address as Falbm: Street address (Lire 1 regtsedJ, City (Requied), Oaunly, Slate (Required, d country is USJ, 19 Is Application Srr6jecl to Review by State Under Executive Province, Country (Required}, ZipfPasial Cade (Required iFaaadry is Order 12372 Process? Appicanls should contact the State US _ Sin le Pant of Conrad (SPOC) for Federal F~eartive Order e. Organizational Unit: Enterihename ofthe pdnnary organkational g 12372 b determine xtelher tle application is subjetd b the wik and de arlment or division- if licable prat wll urnderfake the assistance adiviA , i licable. SWIe inlergowanirantal review process. Select the f. Narre and contact informafton of person to be contacted on appropriate 6ox_ If'a.' s selected, enter fhe date gre matters invoMing this application: Enter the name (Fist and last name applcation was submiged tD the Sfahe required}. aganizationat atfilialion {iF aFfilialed wipr an organzation ogres than gre appicani organization}, ielepMne number (Required}, fax 2B. Is the Appdicank Delinquent on any Federal Oebt? number, and emai address (Required} of fhe person M contact on (Required] Select gv± appropdale hox_ This question applies to mailers related fa this application- fhe applicant. euganizaton, not tfie person who signs as the authorized repres~rlafive. Categories of debt include delinquent audit disa~rxrances, loans and taaoes. ff ,include an ex aratimt on the oorttirnration sheet. g. Type oPAppicant: (Required} 2N. Authorined Representative= {Requied) To be signed and Select up fo three applicant type{s} fn acorudance wigr agency dated by gee aulhcrized represevdative of Iheapplicant inslmctions. organization. Erder the name (First and Wstl name requied) A. State Gouemmenl IA. Nwrpmhl wigr 5gtC3 IRS idle (Required}, telephrxse number (Required}, tax number, B. County Government Status (Other gran Instigticrr and email address {Requeed) of the person aulMrized to sign C_ City or Tourrship Government of Higher Education} 6or the applicant O_ Special [7isMid Gavemmenf N. Nonpvafi wifheuf 50iC31R5 A coPY of gee govemirg body's authorization for you to sign £. Regional Organrzaffon Status (Other gran InstifuLvon this application as She of7cial representative mustl 6e on tie in F. U.S. Terriory or Possession of higher Education} fhe applicant's atfice. (Certain Federal agencies may require G. Ndependent Sciwol Oisiricl O. Private InsfilrAion of I-6gher that gris augwrizalion be submiged as part of the appicat"an.) H. PrdriclState Cairolled Education Institution of Higher Education P_ Individual I_ Indian+Nalive American Tribal ©_ For-Pmrd lkganiaatian Govemmenf (Federaiy (Other than Small &esiness) Reaognuxd) R. Small Business J. YrdtantNalive American Tdhal S. Ftisparro-servig Nstlifutian Goremmenf (Olherthan T. Ffisforicalty Black Ceieges Federally Recognized} and Urrversitias {HBCIJs} K. MdiaMNatlive American U. Tri>agy Controged Colleges Tribally Designated and Urwersities (TCGtJs) Organization V. Alaska Native arrd Native L. Pc&idlndiavr Housing Havraiian Serving Ins['dutions Authority W. Nonilomesfic (noM15} Entity X Oltrer (specgy) City of Meridian, Idaho 58 2011 DRAFT Annual Action Plan APPENDIX E: PROOF OF PUBLICATION -COMMENT PERIOD LFJ3AL NOTICE CII`/ CF MI~RIDHW HDTH:E OF PlINL1C HEIUHNQ AND PUt~C CD~MF,FII PERIgU ReYar3ry1 Maridbsis Can - mudty Deva~b~pmant Bbch Gre~k(CDa,1 RroH~rn City of Meridian, Idaho 59 2011 DRAFT Annual Action Plan Pub. ~Wnt 6,13, ZDII 0009Edd625-01 Meridian City Council Meeting DATE: June 21, 2011 ITEM NUMBER: PROJECT NUMBER: MFP 11-002 ITEM TITLE: Una Mas MFP 1 1-002 Una Mas by Tamara Thompson Located Southwest Corner of E. Ustick Road and N. Allyn Avenue Request: Modification to Note #9 on the Final Plat for Una Mas Subdivision Regarding Direct Lot to N. Allyn Avenue 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: June 21, 2011 ITEM NUMBER: gq PROJECT NUMBER: ITEM TITLE: Public Works Department: Streetlight Conversion Project MEETING NOTES c~ Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACT/ON DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: June 21, 2011 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Building Services Division: Budget Amendment for Building Maintenance for aNot-to- Exceed Amoun#-e€-~~ 00.00 ~j~ d'~3, ~QV ~ MEETING NOTES ~~ Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE F/NAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SEN7 TO APPLICANT NOTES INITIALS E IDIAN~-- IDAHO To: Finance Department, Purchasing Division `/ From: Tammy deWeerd, Mayor ~-i 1 ~ - ~ t ~ Tom Barry, Director of Public Works Re: City Hall Building Repairs; 1850-53100 Mayor Ta m my de Weerd City Council Members: Keith Bird Brad Hoaglun Charles Rountree David Zaremba Attached is a document with estimated costs of repairs for various City Hall repair projects. The items highlighted in yellow will be coordinated through Building Maintenance and the other projects will be coordinated with Kreizenbeck Constructors once they are under contract with the City of Meridian. The City Council on November 9, 2010 directed that Public Works and Legal take on managing these repairs and contracting with the appropriate personnel to make this happen in a timely fashion. The costs of these repairs were not known in the formulation of the FY 11 fiscal budget for the City and therefore a budget amendment will be required. The Mayor and Council directed that the repairs can be undertaken and one omnibus budget amendment can be prepared prior to the end of the fiscal year as required by law to incorporate all the costs jointly. The Mayor hereby authorizes purchasing to create the necessary purchase orders and process as needed payments to complete the described projects in a timely fashion. The Public Works Director shall be responsible to direct the work through his designee. Tammy deWe ~/ ayor Date l - o-ia Thomas y, Director of Publi~W s Date CC: City Attorney e C C C C ~~E IDIZ IAN,~- IhAHO ss - leho-geoa,. r3ug C . ~~5~,~'J~.oo D1,1'4~Sa.53100.137•zr3 ~~~_ ~q(rb55 ,'d ll Cost of Repairs -Estimate ~~ I ~'~bl, VSS ,C)V C= ro~r~~~ ++~ Public Worka Department Business Operations Division } 122,045= ~,~tb3r'~'Dt'~.O17 Deliverable CostfEstimafe - Co'rtiment Repair or replace Roof $300,000 If upgraded material is used as replacement (60m1 vs. 45m1). Repair AHU leaks in gaskets/fillings $5,396 Work completed to fix 19 leaks that are known. Repair or replace Plaza masonry -cap block + matching access band $35,000 Still under warranty? Estimate may be too low. Repair leaks in Electrical Room $6,217 Source may have been water main leak. Work completed. Repair concrete structure in Electrical Room $2,000 Moving switch pad gear could increase estimate. Work in progress -being done by Kreizenbedc Construction Seal Barrel Roof $7,763 Work completed. Install access panels in AHU's na Work completed-combined with repair ofAHU leaks. Repair or replace water feature infrastructure $400,000 Per Bill Selvage estimate -may be too high. Repair project is being managed by Parks Dept. Maintenance schedule for Roof, HVAC, Plumbing na On-going, to be included in future budgets from 2013 on. Repair parapet walls on Roof $25,000 Laura Knolhe in process of securing quotes Bring Chilled Loops in compliance with specs $40,259 Work completed. Invoice to Buss Mechanical. Repair/replace mounts on Chiller $20,000 Invoice to Buss Mechanical. Repair HVAC controls and system in IT and throughout the building $gg5,000 Temperature/humidity out of control in IT Server Room and must be addressed immediately. Work in progress on rest of building. Install membrane/sealant around foundation - and basement walls $25,000 Sealant discovered missin Burin water main leak re air. 9 9 P Hire Contract Labor to absorb routine work $25,000 Offload BMT in order to manage critical/important repair work. Repair concrete problems @ Heritage Bldg. $25,000 Concrete is sinking, creating uneven walk areas and potential tripping hazards. Cause is unknown at this time. Repair any discrepancies in masonry work done on City Hall building. $350,000 Extent of masonry problem unknown; Strata Report forthcoming Construction contingencies to address and unknown repairs $122'045 .V 1% /o adjustment for contingencies -adjustments in actual labor and material cost vs. estimate Total Cost $1,883,700 $1,730,000 funded by capital improvement fund (General Fund); $153,700 are repairlmaintenance expenses and funded by a budget amendment and shared by all funds. Jmccormick Adjustment to Base Budget for Repairs_060611 1 of Z ,1 ,. ~E IDIAN !tlA Fi r~ Cost of Repairs -Estimate Public Works Department Business Operations Division ~vr•7D Ot_ 532~~-1-SO >,NC~we'tlsi, ~V NO SS=\,351~25D Deliverable Cost Estimate Comment .1 •gbOOl•1322..r3 Repair or replac a Roof J~ T~ $300,000 If upgraded material is used as replacement (60m1 vs. 45m1). 1•t O.S 100,13L2.S Repair AHU leaks in gaskets/fittings $25,000 Work in progress to fix 19 leaks that are known. Repair or replace Plaza masonry-cap block+ $35,000 Ol•l ~p~931 ,,322,g Still under warranty? Esli mate may be loo low. matching access band 1.1 50.53100.1322.3 Repair leak s in Electrical Room $20,000 Source may have been wafer mein leak. C)j11 sa,g3f0 ,1321.3 Repair concrete structure in Electrical Room $60,000 Moving switch pad gear could Increase estimate f~ ~ 13x2.6 01,1050 , 531 Seal Barrel Roof $11,000 . Work in progress. Ol ~ 1®SOr~'31 ~' 1'i 22 Install access panels in AHU's $10,000 Work in progress. Repair or replac a water feature infrastructure $400,000 Per Bill Selvage estimate -may be too high. Repair project i s being managed by Parks Dept. rj5. l6SD , °i loc0l • 1322.6 Maintenance schedule for Roof, H VAC, Plumbing $10,000 On-going, to be included in future budgets O1.10:50~'~31DD , 1322• Repair parapet walls on Roof $25,000 Laura Knothe in process of securing quotes O I , I DSO ,~3ta0 13 2Z.6 Bring Chilled Loop s in compliance with specs $20,000 Invoice to Buss Mechanical. 01.1~0,5310D. 1322... Repair/replac a mounts on Chiller $50,000 Invoice to Buss Mechanical. OI• I~i50•S31'001322.•6 Repair HVAC controls and system in IT and $150 000 Temperature/hu midity out of control-in IT Server Room and must throughout the bui Iding , be addressed immediately. Ol ~ 1'ajSQ , 53100, 12 LL , Install membrane/sealant around foundation and basement walls $725,000 r~looQ l Sealant discovered missin during wat r main leak repair. a g l6so,~tva.Ir.22 •e Hire Contract Labor to absorb routine work $25,000 Offload BMT in order to manage critical/important repair work. 01 ~ 1$SO.53100, 1322 , t3 Repair concrete problems @ Heritage Bldg. $25,000 Concrete is sinking, creating uneven walk areas and potential (ripping hazards. Causeis unkn lwq aS thisslimeb r32'L •3 LS Repair any dis crepancies in masonry work ~ done on City Hall building. $350,000 Extent of masonry problem unknown; Strata Report forthcoming 55.~4sa.geool. fbzi.3 1,,. 1~r36,000 Construction contingencies to address and $245 700 15% adjustment for contingencies -adjustments in actual labor unknown repairs and material cost vs. estimate $825,00 funded by capital improvement Fund; $1,058,700 are Total Cost $1,883,700 r maintenance expenses and funded by a budget amendment nd shared by all funds. Jmccormick Adjustment to Base Budget for Repairs_122710 ~~Q I' ~ttGN~'N~+11 kstdll G~ 'L b d 9 ~r H 4 H U 0 9 m h . UCON~ID~-MUVItA/[~ TU ~v,vt) SS QSTN (S I S ~- '~ Ia4fLf1L 2of2 oL ~i,ea8, oov nn~l. fx. Mf~vE TC] SS . TFFIS C N N/lS~ ~P25kro~1,135• yy1~ I.,F wtt..c_ no ~ DvAh pa.,rJ'r t>`O t7FY'cW/L Meridian City Council Meeting DATE: June 21, 2011 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Mayor's Office: Discussion on Idaho's Citizen Commission for Reapportionment 201 1 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 ~,~ ~c, E IDIAN~--RECEIVE f ®A H ® JUN 2 1 2011 CITY OF~E ID.L.'~ OITY CLERKS OFFICE June 21, 2011 Evan Frasure Co-Chair Idaho's Citizen Commission for Reapportionment Allen Anderson Co-Chair Idaho's Citizen Commission for Reapportionment Dear Mr. Frasure and Mr. Anderson: MayorTammy de Weerd City Council Members: Keith Bird Brad Hoaglun Charles Rountree David Zaremba On behalf of the citizens of Meridian and the City Council, I thank you for your service as members of that Idaho's Citizen Commission for Reapportionment ("The Commission"). You and the rest of The Commission have accepted the important task of leading the redistricting process to ensure that each vote counts as much as the next vote in both our Congressional and State Legislative districts. This is a daunting and thankless task and you are commended. As part of this significant process, the City wishes to provide The Commission with comments regarding redistricting in Ada County, specifically Meridian. Now the third largest city in Idaho and with growth in our community expected to continue, it is important that Meridian citizen's unique needs are served by those who live in or with the City's Area of Impact. The Treasure Valley has grown significantly and it is anticipated that Ada County could have nine legislative districts. With the population of Ada County at 392,365, and assuming nine legislative districts, this would put the average size of each District near 43,596. This would be viewed as acceptable based upon the target goal of 44,788 people, with a maximum acceptable range of 42,549 to 47,027 people per legislative district. Each of the six cities in Ada County has grown over the last ten years and now have defined personalities and needs. While we all share concerns such as traffic congestion and air quality, our citizens differ in philosophies and expectations. As the population and geographic center of the Treasure Valley, Meridian may be considered to share a legislative district with some of our bordering communities: Boise to the east, Nampa to the west, Eagle to the north, and Kuna to the south. While that may be a viable alternative to some, it is the desire of the City of Meridian to be kept "whole" in its legislative representation. To accomplish that goal, the City is asking The Commission to consider the following recommendations. Mayor's Office . 33 E. Broadway Avenue, Meridian, ID 8364z Phone zo8-888-4433 •Faxzo8-884-8uo . www mc~irlian~ir., .,... Idaho's Citizen Commission for Reapportionment Page 2 We desire that Meridian have two legislative districts which represent the existing City limits and our Area of Impact (Attachment 1). Not only will this keep the political subdivision intact, but it will enable our Area of Impact to be preserved with the City -keeping our community interests intact. The City has submitted a proposal for Meridian using the Maptitude system, a copy of which is attached (Attachment 2). We hope this information will provide guidance regarding our recommendations. In crafting the two Meridian districts, roads were primarily used as boundaries in as many circumstances as possible. As the City's Area of Impact generally is separated by arterial roadways, we believe this to be the best way to meet our desires in crafting legislative districts in our community. While we are aware that certain boundaries may need to follow geographic features such as the Boise River in the north or the Ridenbaugh Canal in the east to meet the desired outcome, we recommend natural features only be used in necessary situations. Finally, it is the City's desire that it be represented by only one Congressional District, preferably the First Congressional District. This is important not only for representation of the city, but the main office of the First District Congressman is located in our City Hall. Thank you for considering our requests as part of your effort for the 2010 reapportionment process for the State of Idaho. If you have any questions regarding the items in this letter, please feel free to contact Robert Simison with the City of Meridian at 489-0530. 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W ~ -_ ~.a :. : ~oa , A„ ~ I ~ w. _ w g °.'. - a m_ -- _ rarum ~ _ _ .__ J Gf oer~.wf- I i _ __ - ~ 8 ~ `~-- ~ ---- - _-. ~s _ ~~; _ -:~"~ ~~ a ~ ~$ ~~ ~~ -_ ~- -° d--T ~-?' , -,_ Meridian City Council Meeting DATE: June 21, 2011 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