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2011-07-26~~i1~1. E IDIAN~- IDAHO CITY COUNCIL REGULAR MEETING AGENDA AMENDED AGENDA Tuesday, July 26, 2011 at 7:00 PM 1. Roll-Call Attendance X David Zaremba O Brad Hoaglun X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd 2. Pledge of Allegiance 3. Community Invocation by Stephanie Moore of Ten Mile Christian Church 4. Adoption of the Agenda Adopted 5. Consent Agenda Approved A. Approve Minutes of June 27, 2011 Special Meeting B. Approve Minutes of July 11, 2011 City Council Special Joint Meeting C. Approve Minutes of July 12, 2011 City Council Workshop Meeting D. Acceptance Agreement with National Watercolor Society for Display of Artwork in Initial Point Gallery from August 22 to October 7, 2011 E. Memorandum of Agreement Between the City of Meridian and PKG, Incorporated for Connection to Domestic Water System to Provide Irrigation Water for the Pinebridge Subdivision F. Access Agreement for Western Ada Recreation District (WARD) at Storey Park Meridian City Council Meeting Agenda -Tuesday, July 26, 2011 Page 1 of 2 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 46 hours prior to the public meeting. G. Water and Sewer Easement granted by the Western Ada Recreation District (WARD) at Storey Park H. New Beer and Wine License Application for Public House LLC dba R & R Public House located at 1626 S. Wells Ave. Suite #115 I. Findings of Fact, Conclusions of Law: PP 11-001 Avendale Subdivision by Silver Oaks Apartments, LLC Located North of W. Franklin Road and West of N. Ten Mile Road Request: Preliminary Plat Approval Consisting of Six (6) Multi-Family Building Lots and Six (6) Common/Other Lots on 24.61 Acres of Land 6. Items Moved From Consent Agenda 7. Action Items A. Adoption of the FY2011 Amended Budget in the Amount of $71,374,077.00 Adopted B. Adoption of the FY2012 Tentative Budget in the Amount of $67,136,453.00 Adopted C. Continued from June 21, 2011: Public Hearing: CDBG Program Year 2011 (PY2011) Draft Annual Action Plan-Open Public Hearing and Comment Period D. Resolution No. 11-796: Adopting Community Development Block Grant (CDBG) PY2011 Action Plan Approved 8. Department Reports A. Clerk's Office: New Beer and Wine License for Matsuzawa Corporation dba Shige Teriyaki Located at 450 S. Meridian Rd. Suite 115 Approved Pending Ada County Approval B. Legal Department: Old City Hall Lease Discussion Will come back on 8/9/11 Agenda C. Planning Department: Ada County Highway District (ACRD) Cost Share Policy Changes 9. Future Meeting Topics Adjourned at 7:58 p.m. Meridian City Council Meeting Agenda -Tuesday, July 26, 2011 Page 2 of 2 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 Cily Clerk's Office at 888-4433 at least 46 hours prior to the public meeting. E IDIAN ~~ CITY COUNCIL REGULAR MEETING AGENDA AMENDED AGENDA Tuesday, July 26, 2011 at 7:00 PM 1. Roll-Call Attendance X David Zaremba O Brad Hoaglun X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd 2. Pledge of Allegiance (Pg. 1) 3. Community Invocation by Stephanie Moore of Ten Mile Christian Church (Pg. 1-2) 4. Adoption of the Agenda Adopted (Pg. 2) 5. Consent Agenda Approved (Pg. 2-3) A. Approve Minutes of June 27, 2011 Special Meeting B. Approve Minutes of July 11, 2011 City Council Special Joint Meeting C. Approve Minutes of July 12, 2011 City Council Workshop Meeting D. Acceptance Agreement with National Watercolor Society for Display of Artwork in Initial Point Gallery from August 22 to October 7, 2011 E. Memorandum of Agreement Between the City of Meridian and PKG, Incorporated for Connection to Domestic Water System to Provide Irrigation Water for the Pinebridge Subdivision F. Access Agreement for Western Ada Recreation District (WARD) at Storey Park Meridian City Council Meeting Agenda -Tuesday, July 26, 2011 Page 1 of 2 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. G. Water and Sewer Easement granted by the Western Ada Recreation District (WARD) at Storey Park H. New Beer and Wine License Application for Public House LLC dba R & R Public House located at 1626 S. Wells Ave. Suite #115 Findings of Fact, Conclusions of Law: PP 11-001 Avendale Subdivision by Silver Oaks Apartments, LLC Located North of W. Franklin Road and West of N. Ten Mile Road Request: Preliminary Plat Approval Consisting of Six (6) Multi-Family Building Lots and Six (6) Common/Other Lots on 24.61 Acres of Land 6. Items Moved From Consent Agenda (Pg. 3) 7. Action Items A. Adoption of the FY2011 Amended Budget in the Amount of $71,374,077.00 Adopted (Pg. 3-4) B. Adoption of the FY2012 Tentative Budget in the Amount of $67,136,453.00 Adopted (Pg. 4) C. Continued from June 21, 2011: Public Hearing: CDBG Program Year 2011 (PY2011) Draft Annual Action Plan-Open Public Hearing and Comment Period (Pg. 4-6) D. Resolution No. 11-796: Adopting Community Development Block Grant (CDBG) PY2011 Action Plan Approved (Pg. 6) 8. Department Reports A. Clerk's Office: New Beer and Wine License for Matsuzawa Corporation dba Shige Teriyaki Located at 450 S. Meridian Rd. Suite 115 Approved Pending Ada County Approval (Pg. 6-7) B. Legal Department: Old City Hall Lease Discussion Will come back on 8/9/11 Agenda (Pg. 7-8) C. Planning Department: Ada County Highway District (ACRD) Cost Share Policy Changes (Pg. 8-14) 9. Future Meeting Topics (Pg. 15) Adjourned at 7:58 p.m. Meridian City Council Meeting Agenda -Tuesday, July 26, 2011 Page 2 of 2 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Meridian City Council Meeting July 26, 2011 A meeting of the Meridian City Council was called to order at 7:25 p.m., Tuesday, July 26, 2011, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, David Zaremba, Keith Bird and Charlie Rountree. Members Absent: Brad Hoaglun. Others Present: Ted Baird, Jaycee Holman, Pete Friedman, Caleb Hood, James Leslie, Rich Dees, Mark Niemeyer, Lori Den Hartog, Robert Simison, and Dean Willis. Item 1: Roll-call Attendance: Roll call. X David Zaremba Brad Hoaglun X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd De Weerd: Thank you for being patient and waiting for us. We appreciate you all being here. For the record it is Tuesday, January --January --July 26th. Rountree: It seems like it. De Weerd: It's cold enough in here it feels like January. It is 7:25. We will start tonight's meeting with roll call attendance. Item 2: Pledge of Allegiance De Weerd: Thank you. Item No. 2 is our Pledge of Allegiance. Tonight we will be led in the pledge by Hayden Westover. He's with Troop 173 and that's sponsored by the Greenhill LDS Ward. If you will all rise and join us in the Pledge. Item 3: Community Invocation by Stephanie Moore of Ten Mile Christian Church. De Weerd: Thank you, Hayden. Item No. 3 is our community invocation. Tonight we will be led by Stephanie Moore of the Ten Mile Christian Church. If you will all join us in the community invocation or take this as an opportunity for a moment of reflection. Thank you for being here. Moore: Thank you. Let's pray. God, we thank you for this wondertul day that we can enjoy all of the good things that you have for us and the beautiful weather and the sunny sky and all the different things going around us for the summer. It reminds us of all the ways that you care for us. And so, God, as we come tonight as a community to -- Meridian City Council July 26, 2011 Page 2 of 15 to plan ahead to -- to think about the things that have happened so that we can move forward with the things that need to happen, we ask for your guidance and your care over our community. We thank you that you promised to be with us when we ask for you and we thank you for your continued blessing on this community and especially on the leaders of our community, in Jesus name I pray, amen. Item 4: Adoption of the Agenda De Weerd: Thank you, Stephanie. Item No. 4 is the adoption of the agenda. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: A couple items to note on the agenda. Item 7-D, the resolution number is 11-796. Let's see. I believe that's all we need to comment on at the moment. With that I move that we adopt the amended -- adopt the agenda with that one addition to it. Rountree: Second. De Weerd: I have a motion and a second to adopt the agenda as stated. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 5: Consent Agenda A. Approve Minutes of June 27, 2011 Special Meeting B. Approve Minutes of July 11, 2011 City Council Special Joint Meeting C. Approve Minutes of July 12, 2011 City Council Workshop Meeting D. Acceptance Agreement with National Watercolor Society for Display of Artwork in Initial Point Gallery from August 22 to October 7, 2011 E. Memorandum of Agreement Between the City of Meridian and PKG, Incorporated for Connection to Domestic Water System to Provide Irrigation Water for the Pinebridge Subdivision F. Access Agreement for Western Ada Recreation District (WARD) at Storey Park Meridian City Council July 26, 2011 Page 3 of 15 G. Water and Sewer Easement granted by the Western Ada Recreation District (WARD) at Storey Park H. New Beer and Wine License Application for Public House LLC dba R & R Public House located at 1626 S. Wells Ave. Suite #115 I. Findings of Fact, Conclusions of Law: PP 11-001 Avendale Subdivision by Silver Oaks Apartments, LLC Located North of W. Franklin Road and West of N. Ten Mile Road Request: Preliminary Plat Approval Consisting of Six (6) Multi-Family Building Lots and Six (6) Common/Other Lots on 24.61 Acres of Land De Weerd: Item 5 is our Consent Agenda. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I move we adopt the Consent Agenda as published and authorize the Mayor to sign and the Clerk to attest. Rountree: Second. De Weerd: I have a motion and a second to adopt the Consent Agenda. If there is no discussion, Madam Clerk, will you, please, call roll. Roll-Call: Bird, aye; Rountree, aye; Hoaglun, absent; Zaremba, aye. De Weerd: All ayes. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 6: Items Moved From Consent Agenda De Weerd: There were no items moved from the Consent Agenda. Item 7: Action Items A. Adoption of the FY2011 Amended Budget in the Amount of $71,374,077.00 De Weerd: So, we will move to Item 7-A, which is the adoption of the FY-2011 amended budget. Meridian City Council July 26, 2011 Page 4 of 15 Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we adopt the amended budget for fiscal year 2011 in the amount of 71,374,077 dollars. Rountree: Second. De Weerd: I have a motion and a second to approve Item 7-A. If there is no discussion, Madam Clerk. Roll-Call: Bird, aye; Rountree, aye; Hoaglun, absent; Zaremba, aye. De Weerd: All ayes. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. B. Adoption of the FY2012 Tentative Budget in the Amount of $67,136,453.00 De Weerd: Item 7-B is also the adoption of the FY 2012 tentative budget in the amount as published. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we adopt the tentative fiscal year 2012 budget in the amount of 67,136,453 dollars. Rountree: Second. De Weerd: I have a motion and a second to approve Item 7-B. If there is no discussion, Madam Clerk, will you, please, call roll. Roll-Call: Bird, aye; Rountree, aye; Hoaglun, absent; Zaremba, aye. De Weerd: All ayes. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. C. Continued from June 21, 2011: Public Hearing: CDBG Program Year 2011 (PY2011) Draft Annual Action Plan-Open Public Hearing and Comment Period Meridian City Council July 26, 2011 Page 5 of 15 De Weerd: Item 7-C is our continued public hearing from June 21st on the CDBG program year 2011. I will turn this over to Lori. Den Hartog: Thank you, Madam Mayor, Members of the Council. We are here before you this evening for the adoption of the program year 2011 action plan for our Community Development Block Grant program. We were last here on June 21 and we had a number of people testify regarding the draft action plan. All of the comments that were received at the hearing on the 21st of June are now included in the action plan. No additional comments were received between the hearing in June and the meeting today. Based on the comments at that meeting and at the direction of Council staff modified the action plan to include a funding amount for the all abilities playground project. That funding amount is now 75,000 dollars. The plan that's before you this evening that's the only major change from the draft plan that we reviewed on the 21st of June, so there are no other substantial changes made to that plan. So, with that the program year 2011 allocations include the 20 percent allocation for the administration and planning. As I mentioned the 75,000 for the all abilities playground, 25,600 for the Meridian Food Bank, 10,000 for the Meridian Boys and Girls Club and those two items are public service -- fall into our public service categories and for the affordable housing category we are funding two entities for our home ownership assistance program for the Ada County Housing Authority and Neighborhood Housing Services for a total of 35,000 dollars and, then, there are economic development sections, we are funding a facade improvement program through the Meridian Development Corporation for 40,000 dollars. Our total allocation for this coming program year is 230,715 dollars. So, with that I'd like to request that we close the public hearing that was opened on June 21st and adopt the program year 2011 action plan and if that happened this evening I'd request that you direct staff to submit the final action plan to HUD for review. One thing I didn't have on there and as I was going through I forgot to mention I did have word from the -- our labor relations contact in Seattle today that by funding any portion of the playground project it will trigger Davis Bacon wages, so we have made the applicants of that project aware of that, so that will have additional reporting and administration requirements for that that we can support that group in making sure that they follow through with those requirements properly. De Weerd: Great. Thank you, Lori. Any questions for staff? Rountree: I have none. Zaremba: Thank you. De Weerd: Is there any members of the public that are here to testify on this item? Okay. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Meridian City Council July 26, 2011 Page 6 of 15 Rountree: Seeing no one wishing to provide testimony, I move that we close Item 7-C, the public hearing on the CDBG program year grant. Zaremba: Second. De Weerd: I have a motion and a second to close the public hearing on this item. All those in favor say aye. All ayes. Motion carried. CARRIED: THREE AYES. ONE ABSENT. D. Resolution No. 11-796: Adopting Community Development Block Grant (CDBG) PY2011 Action Plan De Weerd: That moves us to Item 7-D, which is resolution No. 11-796. Council? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve Item 7-D, Resolution No. 11-796 adopting the Community Development Block Grant for 2011 and the action plan and authorize the staff to move forward with the submission of the plan to HUD. Zaremba: Second. De Weerd: I have a motion and a second to approve Item 7-D. Is there any discussion? Madam Clerk, roll call, please. Roll-Call: Bird, aye; Rountree, aye; Hoaglun, absent; Zaremba, aye. De Weerd: All ayes. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 8: Department Reports A. Clerk's Office: New Beer and Wine License for Matsuzawa Corporation dba Shige Teriyaki Located at 450 S. Meridian Rd. Suite 115 De Weerd: Okay. We will move Item 8-A, which is our Clerk's office. I will turn this over to Madam Clerk. Holman: Thank you, Madam Mayor. This is another one of these beer, wine, liquor licenses that you have seen in the past where Ada county is meeting the same night we are and approving it, so we are just asking you to approve this, but with the -- basically Meridian City Council July 26, 2011 Page 7 of 15 conditional upon them providing us a copy that they were -- proof they got their county license. So, the Mayor can sign tonight, but I will hold my signature and stamp until we receive that proof. De Weerd: Thank you. Council, any questions? Rountree: I have none. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I move we approve the new beer and wine license for Matsuzawa Corporation dba Shige Teriyaki and authorize the Mayor to sign and the Clerk to sign after she sees the Ada county approval and to hold it until she has seen that approval. Rountree: Second. De Weerd: Okay. I have a motion and a second on Item 8-A. Any discussion? Okay. Madam Clerk. Roll-Call: Bird, aye; Rountree, aye; Hoaglun, absent; Zaremba, aye. De Weerd: All ayes. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. B. Legal Department: Old City Hall Lease Discussion De Weerd: Item 8-B is under our Legal Department and Mr. Baird Baird: Thank you, Madam Mayor, Mayor and Council. We were going to give you an update tonight on the ongoing discussions with the potential tenant for old city hall, the Meridian entreprenurial think tank, whose proposal was last discussed with you in a meeting in May. We are, getting pretty close on bringing you the final lease documents and I intend to have that for you on the 9th of August. We were hoping to have Julie Larsen, who is the organizer of the think tank here tonight, but she was unable to be here. So, she will be here on the 9th as well to provide you an update on her efforts in putting this together. So, we will have both her presentation and the proposed lease to you on the 9th. So, I'd just ask that we move this item to that agenda. De Weerd: Okay. Thank you. Council? Zaremba: Madam Mayor, do we need a motion to that effect or -- Meridian City Council July 26, 2011 Page 8 of 15 Baird: Just your direction. And I'm seeing nodding heads, so we will just make sure it gets on that agenda. Rountree: See you on the 9th, then: Baird: It's not a public hearing, so we don't need anything in particular. De Weerd: Nodding heads work really well on the public record. Zaremba: Mine makes noise when I nod, so -- Rountree: His rattles, so -- C. Planning Department: Ada County Highway District (ACRD) Cost Share Policy Changes De Weerd: Okay. Item 8-C under our Planning Department. We will turn it over to Caleb. Hood: Thank you, Madam Mayor, Members of the Council. I appreciate you adding this item last minute. No, this isn't deja vu, I'm here again to talk to you about the cost share ordinance at ACRD. I know you're all familiar with it at this point. And I don't have many comments to share with you tonight, I'm just going to quickly run through the changes that ACRD released yesterday morning. You all were on the distribution list for that a-mail. I also asked the clerk to scan those in, so you should have -- in your laser fiche you should have a copy of those red line changes as well, if not hard copies. Christy Little has volunteered I guess is the right word to attend tonight to listen to the discussion. If you have any questions she might be able to field them. Again, I think I will just quickly highlight some of the changes, but, really, I'm looking for your feedback this evening. So, without any further adieu I'm going to jump right in. And, again, I'm not going to highlight every change, there was certainly some grammatical changes and other kind of what I would consider minor changes, but I will highlight some of what I think are more major changes or things that we had concern about and in the letter that we previously sent to ACRD on this topic. So, the first one on page three that I'd like to highlight is a positive change. It is a new item I, it states that ACRD is adopting a policy that authorizes a proportionate credit based on the cost of the transportation component that would otherwise be installed by ACRD in lieu of a nontransportation component. So, if they were going to hardscape and we want to landscape it, they will give us a credit for what the hardscaping would have cost the district. The second thing that I wanted to highlight for you is on page five. I talked to Sally Goodell today a little bit, got some clarification on some of these things and feel a little bit better about how some of this will work out. Some of the language I'm still not a huge fan of, but if the intent is how Sally described it to me, some of that anxiety kind of goes away. But I still am a little concerned about how we receive notice of what is a highway necessary -- highway necessity or transportation component and what isn't. Do we have to ask? Do they just tell us? You know, where --when does it happen in the process. If it happens too late, Meridian City Council July 26, 2011 Page 9 of 15 then, we are on the hook for redesign, you know, if it's something we want to partner on. So, again, I think we can work through some of that. I'm also hopeful -- Sally mentioned maybe putting some spreadsheet or a process outline together, just kind of a flow chart of how things will occur interdepartmentally and between our agencies. She did mention that they won't do this evaluation for all projects. Some are pretty straight forward. But when they are done it would be a way for the city to appeal an element if we believe it should be deemed a transportation component and not a nontransportation component. The other -- another item I'd like to highlight -- and this is probably -- pages eight and nine I think are a lot of the meat -- it's where the kind of line in the sand is drawn, if you will, between what ACHD will pay for and what a potential partnering agency will be on the hook for. So, on page eight, 3109.6.2, transportation components at ACHD will pay for it if they are deemed a highway necessity. Item E, paved medians, that's something they will pay for. Again it comes back to when is it determined if that median is a transportation necessity or not. So, that really hasn't been clarified all that extensively. Item G, highway lighting, it still says primary benefit of the motorist, so nothing about pedestrian lighting is included in the revised cost share ordinance. And drainage. So, landscaping isn't called out in drainage or stormwater retention. That was one of the things we asked for. They don't state that they will pay for landscaping or it's a high necessity for storm drain ponds. So, these are the things we previously had questions or commented on. I'm going to jump over now to page nine, 3109.6.3, the nontransportation components. Ajust still says landscaping, so to read that --and this is something I talked to Sally a little bit about, too. She talked to Steve Price and the word is is that if -- a roundabout, there needs to be some vertical relief, so ACHD could -- it's a highway necessity, so they need to put vertical relief in -- they could buy landscaping for a roundabout, if the city would agree to maintain that and take over the maintenance, do a license agreement on that roundabout, if we were so inclined. So, that would be kind of an exception to that rule. Storm ponds, again, aren't listed and, of course, the planters are between -- if you detach asidewalk --aren't listed there either. So, that was the one exception to the rule that I have kind of found out was that roundabouts could be landscaped potentially. Again, C, decorative lighting or other illumination features primarily benefiting motorist --that don't primarily benefit the motorists are -- a partnering agency would be on the hook for that. I'm going to jump ahead to page 13 and why I read this in conjunction, again, with the changes that were made to that were the last page, which you don't have to jump there, but there is a table that basically states what ACHD would be willing to pay for and what a potential partnering agency would have to pay for. Land acquisition. This is something that the city has benefited from. ACHD has been willing to pay for the additional few feet on either side of a roadway so we could have the detached sidewalks. I got confirmation today that Sally --from Sally that if, in fact, it is a transportation element -- and I got to go back to when that's determined or not. I still don't fully know that. But they will buy up to six feet. We aren't on the hook for the first six feet. Now, if we wanted a ten foot or a 12 foot wide sidewalk or whatever, then, we have to pay for that additional, but, essentially, the first six feet to detach a sidewalk is still on the district. That is their intent. The way this reads that's a transportation component, it certainly -- a highway necessity certainly plays into that, but, again, I'm not concerned, because we don't have to buy the right of way for our, quote, unquote, standard street that we are hoping for. Meridian City Council July 26, 2011 Page 10 of 15 And I think one of the last things that I want to point out is on page 15, federally funded projects. This is something that Councilman Rountree brought up during the joint meeting here, what, three or four weeks ago now. It talks about the match -- if the feds require the match of mitigation maintenance of ACHD for the roadway project, then, ACHD will be responsible, but if it's a nontransportation component that match needs to come from a partnering agency. I'm not quite sure what happens if we don't apply for cost share in that, but it's part of the condition of requiring that grant, however that all works out, but -- yeah. So, anyways, it sounds like we are on the hook for that match if it's a nontransportation component, similar to the rest of the -- rest of the ordinance. I mean it sounds like it's real similar in structure, if it's anything that would be required in a project. We have to come up with the matching dollars. So, I think those are the things I just wanted to highlight for you. Maybe just another comment --not necessarily on any of the changes, but the application process, just looking at that a little bit more in detail. It does seem to be pretty onerous, especially for something where we are just trying to get an idea or request that we put something in, they want some pretty detailed cost estimates and impacts and I think over time we could come up with that, but a lot of that information I just don't know that we are going to have that early in the process. If it's before it goes into design, we just aren't going to be able to answer some of the questions they are asking in an application. So, I think we can work through some of that stuff if this ordinance goes through. I'm hopeful that our staffs can get together and we can work through some of those things. But just looking at it on paper, it was very detailed, very onerous, very time consuming just to get in the door, if you will, just to have them consider that. So -- and I did talk a little bit with Sally, too, about current projects, that's something I mentioned in my a-mail yesterday. Anything that's currently signed and we have an agreement with the highway district is still valid. This isn't going to trump that. So, those projects will still move forward under those terms. So, split corridor or Franklin, Ustick, some of the projects that are out there that we already have similar agreements are still good. Councilman Zaremba asked me to contact other cities to see maybe what they were --their response was going to be to this ordinance and their game plan and we only have a few days now. August 3rd ACHD is going to hold a public hearing, so next Wednesday. I called Nicole Baird-Spencer at Eagle and got her voicemail. Karen Gallagher called me back, but she doesn't quite know yet, her council hasn't all responded, so she is not quite sure what their game plan is. And, then, Jennifer Burrows in Garden City was out of the office today, so I struck out there. I have no idea what other cities in Ada county are doing, but I tried. I do have a few comments that I received this afternoon as well that I would like to share with you from Jay Gibbens. I'm just going to read it from his a-mail. My main concern is in regard to the project design, Sections 3109.8.1 B and C, all design and operation costs are the responsibility of the partnering agency, including cost overruns. There are no provisions for any oversight over any element of a project by the partnering agency if the partnering agency is responsible for any and all costs involved from design through construction administration. So, that seems to be pretty serious to me. If we are just writing a blank check, essentially, but we don't have any control over the cost overruns and the project management stuff, I could definitely see where that may cause some concern for us having to enter into an agreement. The other thing that he -- the comment was several section state that the partnering agency shall be responsible for Meridian City Council July 26, 2011 Page 11 of 15 any and all costs for specific elements and, then, state that ACHD retain the right to remove them at anytime. So, his question is will they be reimbursed. If we put it in one year and they take it out the next, what assurances are we going to have any --any bang for that buck. So, sorry that was so long winded. I told you I was here to hear comments and that's still true, but I wanted to run through my analysis just a little bit more in depth and, then, also ask if -- Councilman Zaremba was kind enough to sit with me in June I think the previous meeting was scheduled for at the hearing. Again, the hearing is next Wednesday, 6:00 p.m. If we have any comments I think it would be better coming from one of you -- one or more of you, if you're able to attend, but if not I will carry the flag on any direction you give me now. So, with that, Madam Mayor -- De Weerd: Thank you, Caleb. Council, questions or comments? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Four come to mind if I may. One of them is I will out of town next week and unable to be the one that will be there. I agree with Caleb it would be nice if one of us were. Caleb does an excellent job and represents us well, but having one of us even in the audience I think would be useful. Three other questions to the subject. I still struggle with pedestrian lighting not being a transportation element, but pedestrianism is a transportation component and in my opinion having adequate lighting for pedestrians keeps them from walking in the streets, so it's also a driver component -- would be a safety issue and I think I would like to push back or continue to push on that subject that -- yeah, primarily for the motorists, but there is reason for motorists why pedestrian lighting is -- is a good idea as well. And next would be on the purchase of right of way, where ACHD is willing to buy up to six feet of it and, then, we would have to contribute the rest. I certainly appreciate the first six, but my question would be the mechanics of making that happen. If we said that we wanted to have afour -- five foot and they are offering to do three and, then, we have to pay for the other two, are they actually going to buy all of the right of way and, then, we would reimburse them or are we going to have to deal with the property owner on two feet? So, you may know the answer to that, but that would be a question. And, then, third is perhaps a question for Ted -- or fourth -- this is my fourth one, I believe. If, in fact, we are paying ACHD to put in landscape or other elements that we as a city may wish to have on a consistent basis, and the cost of the project is greater than 25,000 dollars, do we have to get three bids? Baird: Council Member Zaremba, Members of the Council, the way we have approached this in the past is that we have let ACHD handle it through their own purchasing procedures. We are confident that they follow their own rules. It's strictly a reimbursement agreement. They are low bid operators as well and the whole reason for that is to assure that we are getting a good value. I think there are adequate assurances in place, so we don't need to add that additional layer onto that. Zaremba: Thank you. That was it for me. Meridian City Council July 26, 2011 Page 12 of 15 Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I agree with David's comments and I have one more concern and it relates to that paragraph M and federal grants and federal funds. I see two sentences that remain in that second paragraph. The only difference is one says federal law requires and the next one says federal agency required. If a project is federally funded and there is a requirement, it's law. To me there is no exception. If the feds require landscaping, mitigation, a wetland, a noise wall, a certain design feature, lights -- it's required to get the grant, that's the law. So, to me to have that second sentence in there is silly. In fact, if it's a requirement to have landscaping, it's a requirement on ACHD to do the maintenance. We wouldn't have to agree to do the maintenance. To me those two sentences are somewhat indicative of a lot of the language in the ordinance that's not particularly concise and I see this ordinance being the bed of a lot of necessary debate and discussion and dialogue in the future trying to understand what certain words mean, how -- how and who arbitrates between what is and what isn't a transportation necessity. I just have problems, as I said in our meeting, I'd like to see this done some other way than through an ordinance. I do appreciate the fact that they at least recognized some of the public transportation aspects of roadways as a transportation need and I appreciate them recognizing that and changing the language to reflect that, but I have problems with that federal thing, it's -- if it's a federal requirements it's -- basically, they are putting federal aid at the discretion of the local communities, because the way the second sentence is written if they term it's not a transportation necessity and there is a match required for aproject -- for a component of a project and the locals say we are not going to match it, then, apparently the federal aid project goes away -- I don't understand that kind of mentality. De Weerd: Well, I guess I would add if there are certain elements part of federal dollars and federal funding, why it's not applicable and eligible in any kind of project. Now, during the meeting that we had with Ada County Highway District you did offer to meet with Mr. Price or -- or the director -- Rountree: I did talk to Steve about that particular item and I thought he was clear that, you know, federal projects and federal funding is -- whatever they require, if they are going to receive the federal monies, they are going to have to provided the federal match. Bird: That's right. Rountree: Either that or say they don't want the federal money if they can't coax somebody else to match something that they don't think is a transportation necessity struggle with that. De Weerd: Yeah. Meridian Cily Council July 26, 2011 Page 13 of 15 Rountree: I understand what they are trying to do, I understand that there is not enough money to go around and I appreciate the efforts that they have taken, but there is just some of this stuff that just doesn't make good sense to me. And that one in particular. De Weerd: Tell us what you really think. Any other comments? So, Caleb, with the feedback that you have received do you have enough to draft a letter or at least -- Hood: I think so. Maybe just one clarification. Would you -- would you rather me start or end with the language in the ordinance -- we hoped it could be done a better way? Would you like to start or end with that or book end -- really, I heard two comments, the lighting for pedestrians is of benefit to motorists, too, and the federal requirements being long, that should be part of it and then -- Rountree: I think you recognize the good things they did in modifying it, they did some good things. Hood: Yeah. Rountree: I appreciate that. But there is just some things that are going to result in some discussion that's not necessary. Hood: And maybe, you know, with what -- you know, again, I'm hopeful that as staff we can work together to kind of work out the kinks and if this will sit on the shelf a little bit more than actually be on everyone's desk front and center, we can still work some things out. Rountree: That would be my desire. Hood: That makes sense, really, so -- thank you, Madam Mayor. If you don't mind, can I run one other quick thing by you, just because it was -- ACHD asked me today. It's fun. It's a fun activity, if you don't mind, for just -- De Weerd: Only if it's fun. Hood: Two minutes. It's fun. De Weerd: It looks like a roundabout. Who is paying for it? Zaremba: Madam Mayor, while he's handing that out, I would agree with what Councilman Rountree said, that in the letter include some things thanking them for the effort that they are putting into it and that we do appreciate the things that they have identified that they are funding. Hood: So, Madam Mayor, Members of the Council, the picture I just handed out -- and have got a better one. I think the one on the screen maybe does a little bit more justice, Meridian City Council July 26, 2011 Page 14 of 15 but I'm not trying to prejudice your take, but ACHD asked the -- you're all familiar with this roundabout, I'm sure it looks a little different with this sculpture in the middle of it, but this is the one at Pine and Webb, which they just paved earlier this week. It was the two legged roundabout for some time and now it has at least got a third leg. It's barricaded right now, but this is what the developer has proposed to put in that median and ACHD asked us if we have any comment or not. So, that is kind of a gateway into -- you know, towards our downtown or leaving our downtown, it's between Eagle Road and Locust Grove, so I thought -- I told them I'd share it with you and if you have any comment, great, if not they asked -- they asked us for a comment, so I thought that was a positive anyway, so there you have it. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I think it looks like fun. It would be fun to have it there. I wonder if we want to ask the arts commission to weigh in on it or is that -- is that putting bureaucracy in this? Bird: It looks like a flying elephant. De Weerd: The eye of the beholder. Rountree: Public art comes in all forms and I think that we need to be open to public art. I'm not sure that this is what I choose for that location, but if the developer in his development thinks this fits with his -- Bird: That's right. Rountree: -- development, then, what am I to say De Weerd: And the person paying for it; right? Hood: I failed to mention. Maybe it helps. There is a water feature somehow that's supposed to spill out of that and I'm not quite sure how that works, but will also be part of this, a water feature, so -- Rountree: But I do agree with David, I think we have established an arts commission, they certainly ought to have an opportunity to work with the developer on this particular piece. They are trying to establish a sense of public art in our community and I think that would be something that I would hope the developer would be willing to sit down with them. Hood: I will forward that comment onto the Highway District. Thank you. Appreciate the extra time. Meridian Cily Council July 26, 2011 Page 15 of 15 Item 9: Future Meeting Topics De Weerd: Thank you. Okay. Council, Item 9 is future meeting topics. Do you have any items for consideration for future agendas? Rountree: No. Zaremba: Not me. Bird: I have none. De Weerd: Well, we are at the end of our agenda. I would entertain a motion to adjourn. Bird: So moved. Zaremba: So moved. Rountree: Second. De Weerd: All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: We are adjourned. MEETING ADJOURNED AT 8:00 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYOR Tfj 9 Y De WEEF~p~11111IIIII,,,, ~~ ~~~pSePO,~q o~Ol~ ~, S ~ _ AT~~s~ EF~ / //~~~INI I 11.111111\` 6 / / l o2D ll DATE APPROVED HOLMAN, CITY CLERK Meridian City Council Meeting DATE: July 26, 2011 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Approve Minutes of June 27, 2011 Special Meeting MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: July 26, 2011 ITEM NUMBER: 5B PROJECT NUMBER: ITEM TITLE: Approve Minutes of July 1 1, 201 1 City Council Special Joint Meeting MEETING NOTES ~,~ Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: July 26, 2011 ITEM NUMBER: 5C PROJECT NUMBER: ITEM TITLE: Approve Minutes of July 12, 201 1 City Council Workshop Meeting MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: July 26, 2011 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Acceptance Agreement with National Watercolor Society for Display of Artwork in Initial Point Gallery from August 22 to October 7, 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 ACCEPTANCE AGREEMENT: f' DISPLAY OF ARTWORK IN INTI'IAL POINT GALLERY, MERIDIAN CITY HALL This ACCEPTANCE AGREEMENT: TERMS AND CONDITIONS OF DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERH)IAN CITY HALL ("Agreement") is made this ~ day of ~„1~ , 2011 ("Effective Date"), by and between the City of Meridian, a municipal corporatio ron gamzed under the laws of the State of Idaho ("City"), and Frank Eber, a duly authorized representative of the National Watercolor Society, a corporation organized under the laws of the State of California, whose address is 915 South Pacific Avenue, San Pedro, California ("Organizer"). (City and Organizer may hereinafter be collectively referred to as "Parties.") WHEREAS, the City desires that public art will be a component of Meridian City Hall and to that end, has authorized the Meridian Arts Commission to coordinate the display of artwork in Initial Point Gallery, an art gallery on the third floor of Meridian City Hall, the address of which is 33 E. Broadway Ave., Meridian, Idaho ("Initial Point Gallery"); WHEREAS, the National Watercolor Society juries and prepares a traveling exhibit of watercolor paintings for display in public galleries and museums, and has selected Initial Point Gallery to be a host venue for the 2011 Traveling Exhibit; WHEREAS, on December 21, 2010, the Meridian Arts Commission ("Commission") recommended to the Meridian City Council that an exhibition of selected works of members of the National Watercolor Society ("Artists") be displayed in Initial Point Gallery in or around August 2011; ' WHEREAS, at its regular meeting on December 21, 2010, by the passage of Resolution no. 10-762, the Meridian City Council adopted such recommendation and duected the Commission to work with Organizer to establish a display of artwork in Initial Point Gallery; and WHEREAS, the Parties acknowledge that Meridian City Hall is primarily a place of public business, that Initial Point Gallery is a public place, and that while the City seeks to encourage artistic expression and public dialogue, the City must simultaneously ensure that Meridian City Hall is a place where citizens, employees, and visitors of diverse ages and perspectives feel welcome and comfortable; NOW, THEREFORE, for 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. WARRANTY OF AUTHORITY Organizer expressly warrants that, to the extent set forth herein, he is duly authorized to act as the representative and agent of the National Watercolor Society and its principals, including, but not limited to, Artists. Organizer further warrants that she is authorized to bind the National Watercolor Society and its principals to the obligations set forth herein. II. SCOPE OF SERVICES. ACCEPTANCE AGREEML'N'C ' tNIT1A1, POEJT GALLERY DISPLAY PAGE 1 Of 13 A. Delivery of Exhibit. Organizer shall arrange for delivery to Initial Point Gallery, shipping charges prepaid, on or before August 22, 2011, approximately thirty (30) paintings, which paintings comprise the National Watercolor Society's 9i>$ihAmmal Exhibition Travel Show ("Exhibit"). Curator shall be responsible for hanging the artwork composing the Exhibit in Initial Point Gallery, and shall make every effort to do so by 5:00 p.m. on August 22, 2011. B. Acceptance of Exhibit. City shall provide to Organizer a written arrival condition report as soon as the Exhibit is unpacked. City shall retain the duplicate painting list enclosed with the Exhibit for City's records. C. Display of Exhibit. Organizer shall allow the display of the National Watercolor Society Traveling Exhibit in Initial Point Gallery from August 22, 2011 to October 7, 2011, in accordance with the terms of this Agreement. City represents that the building in which the paintings in Exhibit will be displayed, and more particularly, Initial Point Gallery, shall be secured and under the general supervision of City employees when Meridian City Hall is open to the public. D. Special Form Insurance. At all times relevant hereto, City shall maintain a special form insurance policy though the Idaho Counties Risk Management Program to cover fine art in City's possession, at such art's appraised value, up to a limit of five hundred thousand ($500,000.00) per occurrence, which amount includes the City's current fine art holdings as well as the artwork in the Exhibit, as described in the proof of insurance attached hereto as Exhibit B. It is acknowledged by Organizer and by City that the appraised value of the artwork in the Exhibit shall not exceed the coverage amount described in this paragraph. City's liability for coverage of the artwork in Exhibit under the special form insurance policy shall attach upon City's acceptance of delivery of the Exhibit and shall terminate upon delivery of the Exhibit to the address specified by Organizer. E. Shipping to next venue; shipping insurance. Curator shall be responsible for removal of such artwork from Initial Point Gallery on October 7, 2011. Following such removal, City shall pack the artwork for shipping to the address specified by Organizer. City shall purchase one- way, in-transit insurance to cover damage or loss incuned during shipping. All costs for transferring the Exhibit to the address specified by Organizer, including shipping, transportation, and related insurance, shall be paid by City. III.COMPENSATION AND SALE OFARTWOxx A. No compensation. Organizer shall display Artists' artwork in Initial Point Gallery at the pleasure of the Meridian City Council, City shall not provide compensation to Organizer or to Artists for services, work, and/or any activity undertaken pursuant to or related to this Agreement. B. Sale of artwork. Artists may passively offer the artwork on display in Lutist Point Gallery for sale. No price shall be displayed on or be proximate to any artwork on display in Initial Point Gallery, but a collective price list maybe displayed in Initial Point Gallery in a central location. l The Gallery Curator shall facilitate any sales of work displayed in Initial Point Gallery by ACCEPTANCE AGREEMENT INITIAL PORdT GALLERY DISPLAY PAGE 2 OF 13 forwazding the buyer's contact information to the selling Artist and the Organizer. Organizer acknowledges the Commission's request that Artists voluntarily donate to the Commission twenty percent (20%) of proceeds from any artwork sold due to its display in Initial Point Gallery. It is understood that upon the sale of a piece of artwork in the Exhibit on display in Initial Point Gallery, such artwork shall not be delivered to any buyer until such buyer has paid the Artist in full for such painting, and the National Watercolor Society's 91st Annual Exhibition Travel Show has concluded its exhibition at the last venue on the tour. IV. TIME OF PERFORMANCE. City and Organizer shall provide the respective services described in this Agreement in a timely manner. City and Organizer 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 default of this Agreement. V. INSTALLATION. Prior to or after installation, the Gallery Curator and/or the City may inspect and/or review the artwork proposed by Organizer and/or Artists for display in Initial Point Gallery to ensure that such artwork maybe safely and appropriately displayed in Initial Point Gallery. If the Gallery Curator or the City concludes that the display or any portion or component thereof cannot be safely and/or appropriately displayed in Initial Point Gallery, the Gallery Curator or the City may require the immediate removal of such artwork from Initial Point Gallery, in which case such artwork shall be stored in a secure location until the Exhibit is shipped to the Next Venue. The Gallery Curator or the City may require the immediate removal of such artwork from Initial Point Gallery where such removal serves the best interest of the City, VI. DISPLAY. A. Original artwork. Organizer warrants that any and all artwork provided by Organizer and/or Artists for display in Initial Point Gallery shall be, and is, original work conceived and created by Artists. B. Photographs of artwork. City may photograph the artwork displayed in Initial Point Gallery for the limited purposes of advertising, marketing, and public information. Where practicable and to the extent of City's authority, the Artist shall be acknowledged on each such photographic reproduction to be the creator of the original subject thereof, provided that photographic reproductions of artwork shall not be identified as or represented to be the finished artwork. C. Use of name. Organizer hereby conveys to City permission to use the name(s) of Organizer, Artists, and/or the National Watercolor Society for purposes of advertising, marketing, and public information, without violation of Organizer's, Artists', or the National Watercolor Society's respective rights of privacy or any other rights Organizer, Artists, or the Idaho Painters Guild may possess under this Agreement, provided that City shall not use Organizer's, AccEPraxce AGREEMENT Irlrrlnl. PoRSr GALLERY DISPLAY PAGE 3 of 13 Artists', or the National Watercolor Society's logo(s), if any, for any purpose without the express, written permission of Organizer or Artist, respectively. D. Use of City's name. City hereby conveys to Organizer pernission to use City's name for purposes of advertising, marketing, and public information, without violation of City's rights of privacy or any other rights City may possess under this Agreement, provided that Organizer shall not use City's logo for any purpose without the express, written permission of the Mayor's Executive Assistant. E. Removal of artwork by City. While it is intended that Organizer's exhibition will be displayed in Initial Point Gallery for the period set forth herein, City shall have the right to remove artwork from public display at any time and for any reason. Such removal may be temporary or permanent in nature. In the event that any artwork is removed from public display for any reason or for any length of time, City shall store such artwork in a secure location and shall notify Organizer in the manner set forth herein. VII. 'TERMINATION. A. Termination. If either Party determines that the other Party has failed to comply with any term or condition of this Agreement, violated any of the covenants, agreements, and/or stipulations of this Agreement, falsified any record or document required to be prepared under this Agreement, engaged in fraud, dishonesty, or any other act of misconduct in the performance of this Agreement; or if either Party willfully or negligently defaults in, or fails to fulfill, its material obligations under this Agreement; the non-defaulting Party shall have the right to terminate the Agreement by giving written notice to the defaulting party of its intent to terminate, and shall specify the grounds for termination. The defaulting party shall have twenty-four (24) hours after receipt of such notice to cure the default. If the default is not cured within such period, this Agreement shall be terminated upon mailing of written notice of such termination by the terminating party. B. Non-waiver. A waiver of any breach or default of any provision of this Agreement shall not be construed as a waiver of a breach of the same or any other provision hereof. VIII. GENERAL PROVISIONS. A. Relationship of Parkes. It is the express intention of the Parties that Organizer and Artists are independent parties and not employees, agents, joint venturers, or partners of City. Nothing in this Agreement shall be interpreted or constmed as creating or establishing the relationship of employer and employee between Organizer and City or between Organizer and any official, agent, or employee of City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between any Artist and City or between any Artist and any official, agent, or employee of City. Organizer and Artists shall retain the right to perform services for others during the term of this Agreement. B. Compliance with law. Throughout the course of this Agreement, Organizer and Artists shall comply with any and all applicable federal, state, and local laws. ACCEPTANCE AGREEMENT INmAL PGWT GALLERY DISPLAY PAGE 4 Of 13 C. Non-Discrimination. In fulfilling or exercising any right or obligation under this Agreement, neither Organizer nor any Artist shall discriminate against any person as to race, creed, religion, sex, age, national origin, sexual orientation or any physical, mental, or sensory disability. D. Entire Agreement. The NWS Traveling Exhibit Agreement, attached hereto as Exhibit A, is incorporated herein by reference and made a part of this Agreement as if set forth in its entirety in this 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, and whether previous to the execution hereof or contemporaneous herewith. The terms of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. E. Agreement governed by Idaho law. The laws of the State of Idaho shall govern the validity, interpretation, performance and enforcement of this Agreement. Venue shall be in the courts of Ada County, Idaho. F. Cumulative rights and remedies. All rights and remedies herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law. Likewise, the exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of any other remedy. G. Severabidty. 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. H. Successors and Assigns. Neither Organizer nor the National Watercolor Society shall subeonhact or assign any of Organizer's obligations under this Agreement that require or that may require artistic talent or expertise. Organizer may subcontract or assign obligations that do not require artistic talent or expertise, provided that all of the terms, provisions, covenants and wnditions of this Agreement shall inure to the benefit of, and shall be binding upon, each party and their successors, assigns, legal representatives, heirs, executors, and administrators. I. Notice. Any and all notice required to be provided by 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: Organizer: Frank Eber National Watercolor Society 1902 Rockefeller Lane Apt. I Redondo Beach CA 90278 (310) 227-4728 Initial Point Gallery Curator: Dwight Williams Meridian Arts Commission ACCEPTANCE AGREEMENT INTI'fAL PGWT GALLERY DISPLAY PAGE 5 of 13 33 E. Broadway Ave. Meridian, Idaho 83642 (208)887-6473 dwight5332@q.com C Emily Kane Deputy City Attorney 33 E. Broadway Ave. Meridian, Idaho 83642 (208) 898-5506 ekane@meridiancity.org Any patty may change its respective address for the purpose of this paragraph by giving written notice of such change in the manner herein provided. J. City Council approval required. The validity of this Agreement shall be expressly conditioned upon City Council action approving the Agreement. Execution of this Agreement by the persons referenced below prior to such ratification or approval shall not be construed as proof of validity in the absence of Meridian City Council approval. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the S n-+- day of ~~Dt_J , 20~Q. C~--' ORGANIZER: l ~(~ ~/ Frank Eber ~ , COREY WEISS COMM. N1871459 ~~r~tii c~wHrvFONa" wa,..r~ow.t~„~„uxtt CITY OF MERIDIAN: Tammylfle })/eerd, Mayor ACCEPTANCE AGREEMENT INITIAL POw'r GAIbERY DISPLAY ~y, f~.'~.-~i A STATE OF II3~IB ) ~.os ~ ~za-~ ss: Countyof~Ar ) Jv..~/ I HEREBY CERTIFY that on this ~ day of Jmc.; 2011, before the undersigned, a Notar~ Public in the State of California, personally appeared Frank Ebert, ¢?o'ven to me to be the parson who executed this instrument, and aclmowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my officta I, the da and year in this certificate fast above written. ~, Notary Public fo California Residing at Rt~r,.-aOO ~ ~'~-r{ ,California My Commission Expires: ~T . ; ~ 2a~'3 .,, r.. - ~ . :, ~ `O v .- Attest: ~:: ~7:rs'.3 9 z \T4 , _j ~!~~ r_, ~;., ~~'~ CJ -.r PAGE 6 of 13 EXHIBIT A NWS TRAVELING EXHIBITAGREEMENT NATIONAL WATERCOLOR SOCIETY SINCE 1920 NWS Bo°rtl of Dlrectoro NWS TRAVELING EXHIBIT AGREEMENT Presldent M.E. "Mike" B°Iley 1st Vice Presldent P°trlcic A. Allen 1. The City of Meridian, hereafter referred to as City,. will exhibit the National 2nd Vlce Presldent F k Eb WateIC010[ SOCIety'S 90th Annual EXhlbifion Travel Show opening ran er on August 22, 2011 and closing on October 7, 2011 in its facility at: 9rd vice Presldent Chuck McPherson hvtial Point Gallery, Meridian City Hall atn wce Presldent 33 East Broadway Avenue Lind° Baker Meridian, Idaho 83642 secretory - Cheryl Devoio Mao ven+m oiaommtrnlcdnons 2. City represents that. the building 1R which the paintings will be displayed and stored will be secured and under the supervision of a responsible official actor Annuol Exnrouloh at all times when the premises are open to the gublic. N°ney Shlershke Dlrector All Member Exhlbltion "°ney Fmel°ni 3. The exhibition consists of THIRTY (30) framed paintings, under Director Fln°nce Plexiglas, a3 described on the attached listing. AI°n MarrioN Dlreclor Building Caroline Van Winkle 4. At all times relevant hereto, City shall maintain a special form DkeaorTechnoio9v insurance policy though the Idaho Counties Risk Management undo Dal program to cover fine art in City's possession, et such art's appraised Demonslratlon F°cllltclor Value, up t0 8 htrllt-0f $500,000 per occurrence, which amount Penny Nm includes the City's current fine art holdings as well as the artwork in Newsiener Focunolor the Exhibit, aS described lI1 the proof of insurance attached hereto as ch.is IcruPinski -Exhibit B. It is acknowledged by Organizer and by City that the Presldom Emeritus appraised value of the artwork In the Exhibit shall not exceed the Dick Cole coverage amount described irl this paragraph. City's liability for coverage of the artwork in Exhibit under the special form insurance policy shall attach upon.City's acceptance of delivery of the Exhibit from "and shall terminate upon delivery of the Exhibit to .~ . for shipping to Harrington Art Gallery at Firehouse Arts Center. 5. All sales and commissions will be by arrangement between City and 915 SOUTH PACIFIC AVENUE SAN PEDRO, CALIFORNIA 90731-3201 the individual artists. Prices shown on the attached price list are the amount to be paid by the buyer, with any commission to be retained by City. Paintings are not to be delivered to buyers until the end of the Traveling Exhibit tour nor until payment of net amount due to the artist; shipping expenses to be the responsibility of the buyer. 6. The exhibit is scheduled to arrive at-City on or before ~. If the exhibit has not amved bythis date, City will phone the National Watercolor Society and the previous location at once. The exhibition is coming.from: 7. City will send an arrival condition report to the National Watercolor Society Travel Show Director as soon as the paintings are unpacked. The duplicate painting list is to be retained for City's records. S. The exhibit will be shipped prepaid to City. City will pay transportation and insurance costs to the next destination: . ,. 9. City will ship the exhibition to. the next destination in time for it to arrive before next delivery-date of `,'"' NATIONAL WATERCOLOR SOCIETY 915 SOUTH PACIFIC AVENUE SAN PEDRO, CALIFORNIA 907313201 By: Frank Eber Date U~ 6 l~// Phone: ;.:.; E-mail: eber.frank@gmaiLcom CITY OF MERIDIAN: ~."'. ,y. `. rn Tammy eerd, Mayor Date ~ ~`~~ ~~ Phone: (208) 888-4433 ~~, ,~'~ ~ `~~ L~ r E-mail: tdeweerd@meridiancity-e~q C ~ ~'~ ,y~Q~L'.^> '~ dlJdti~g~t ~~, 915 SOUTH PACIFIC AVENUE SAN PEDRO, CALIFORNIA 907313201 EXHIBIT B CITY'S PROOF OF INSURANCE NWS DECLARATION OF INSURANCE VALUE PUBLIC ENTITY MULTI-LINES INSURANCE POLICY DECLARATIONS Issued By IDAHO COUNTIES RISK MANAGEMENT PROGRAM, UNDERWRITERS Named Insured: City of Meridian Address: 33 East Broadway, Ste. 308 Meridian, Idaho 83642 Application Date: Retroactive Term for Section II, Coverage D Only: Retroactive Term for Section IV: August 1, 2010 October 1, 2010 May 15, 1989 Policy No.: 30A02114100710 Policy Period: From: October 1, 2010 To: September 30, 2011 Member $291,569 Contribution: SECTION I - Buildings, Structures and Personal ProperlylAutomoblle Physical DamagelOperstional Dlsruptlon ExpenseNaluable Papers & Records A. Buildings, Structures and Personal Amount Repoded in x The First $2 500 of any Propedy; Schedule of Values , Loss. This Deductible Is • Architect's Fees $250,000 Per Covered Occurrence applicable to Section I, Coverages A, B, C, and • Fine Ads $500,000 per wvered occurrence or in the p, aggregate for multiple occurrences • Ordinance Deficiency $5,000,000 Per Covered Occurrence • Preservation of Properly $25,000 Per Covered Occurrence • Newly Acquired Property $10,000,000 Per Covered Occurrence • Propedy in Course of Construction Neµ, $250,000 Per Covered Occurrence RepairslRanovations of Existing $1,000,000 Per Covered Occurrence • Service Animals $10,000 Per Covered Occurrence B. AutomobilelMoblle Equipment $1,000,000 Per Covered Occurrence Physical Damage C. Operational Disruption Expense $1,000,000 Par covered occurrence or in fhe aggregate for multiple occurrences. D. Valuable Papers and Records $1,000,000 per covered occurrence or In the aggregate for multiple occurrences. 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N 0 6 W r -+ O A 0 0 0 0 0 0 0: 0 0 I H Meridian City Council Meeting DATE: July 26, 2011 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Memorandum of Agreement Between the City of Meridian and PKG, Incorporated for Connection to Domestic Water System to Provide Irrigation Water for the Pinebridge Subdivision MEETING NOTES ~{ s~ I~Y'~'~ 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 Development Services Division TO: Mayor Tammy de Weerd Members of the City Council FROM: Scott Steclline DATE: 7/15/2011 SUBJECT: PKG IRRIGATION AGREEMENT Mayor Tammy de Weerd City Council Members: Keith Bird Brad Hoaglun Charles Rountree David Zaremba The Development Services Division of the Public Works Department respectfully requests the following item be placed on the July 26th, 2011 City Council Consent Agenda, for Council's consideration: I. DESCRIPTION Back ound The Pinebridge Subdivision will be constructed in phases, and currently the new site of PKG is not adjacent to an existing pressurized 'irrigation system, and will not have access to a pressurized irrigation system until the Pinebridge Subdivision is constructed in a later phase. This agreement will allow the City to permit the PKG site to connect the first phase of their project to the City's domestic water system, for the purpose of providing irrigation water to landscape areas, until such time as the project has access to a pressurized irrigation system. As soon as reasonably practicable, the Developer of the PKG site shall connect to the pressurized irrigation system when available, and will disconnect from the City's domestic water system. III. DEPARTMENT CONTACT PERSONS Bruce Freckleton, Development Services Manager Scott Steckline, Land Development Supervisor Approved for Submission: ~-~' ~~-~ Scott Steckline Land Development Supervisor 489-0362 489-0369 ~ lsln Date Page ] of 2 -lS--(~ Date Page 2 of 2 gUfl GUUrII i 11CGYI1UCI1 YfIfIL10pI1Cf u. Ncu nmvuni ~uu u BOISE IDAHO 07121/11 12:47 PM flECORDEDIckIiE01UESTOF I~~~~II~~~~~I~~~~~~~~~~~~~~~~~~~~~~~~ Merldlan Clry l 11059087 MEMORANDUM O~ AGREE19fENT BETWEEN PKG, INCORPORATED AND THE CITY OF MERIDIAN THIS MEMORANDUM OF AGREEMENT ("Agreement") is made and entered into this ~_ day of 2011, by and between the City of Meridian, by and through its Publi Works Department, hereinafter referred to as "City" and PKG, Incorporated, an Idaho company, hereinafter referred to as "Developer". WHEREAS, the Developer owns certain real property located in Ada County, Idaho, as described on Exhibit A attached hereto and incorporated by reference, hereinafter referred to as the "Project", which Project will be constructed on future lots in the Pinebridge Subdivision, and, WHEREAS, the Pinebridge Subdivision will be constructed in phases, and currently the Developer's land is not adjacent to an existing pressurized irrigation system, and will not have access to a pressurized irrigation system until the Pinebridge Subdivision is constructed in a later phase. NOW, THEREFORE, in consideration of the foregoing, the Developer and the City do hereby agree as follows: Connection to Pressurized Irrigation System. The City permits the Developer to connect the Developer's Project to the City's domestic water system, for the purpose of providing irrigation water to landscape areas, until such time as the Project has access to a pressurized irrigation system. The Developer shall connect to the pressurized irrigation system within 30 days of the system being operational and readily available, and will disconnect from the City's domestic water system. Insaection. Inspection of the approved piping installation shall be by the appropriate irrigation district claiming jurisdiction, or in the event that no irrigation district claims jurisdiction, then the CITY will inspect the construction of the piping to ensure that they meet the approved plans. ~ Payment of Costs. The Developer shall be responsible at its sole cost and expense for all amounts incurred to install, connect, and disconnect to and from the domestic water system as contemplated in this Agreement. Term of Agreement. Upon Developer's connection to the pressurized irrigation system and disconnection from the City's domestic water system as provided above, this Agreement shall automatically terminate and be of no further force or effect. IN WITNESS WHEREOF, the parties do execute this Memorandum of Agreement the day and year first above written. PKG, INCORPORATED President CITY OF MERIDIAN, IDAHO By: Attest: my de Weerd, Approved by Council: Qr ~'Scf~',~~''~i,, ~Fa a::.e „~Q,~ 24 , Z®! 1 STATE OF IDAHO, ) ss. County of Ada, ) On this o} day of JK~ ,2011, before me, the undersigned, a Notary Public in and for the State of Id ho, personally appeared Homy Shariat-Panahi, known or identified to me to be the President of PKG, who executed this instrument on behalf of said Corporation and acknowledged to me that such Corporation executed the same. IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal the day and year first above written. SEAL ANDREW A PEn NOTARY PUBLIC STATE OF IDAHO STATE OF IDAHO, County of Ada, ) ss. Notary Public for Idaho /n~ Residing at: o . Cev wa+t ~~ ~~'dS`un s~ My commission Expires: 002 I Ze On this ~c day of J~ ~~ 2011, before me, the undersigned, a Notary Public in and for the State of Idaho, personally appeared Tammy de Weerd and Jaycee Holman, known to me to be the Mayor and City Clerk of the City of Meridian, Idaho and who subscribed their names to 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. !~ ~BLIC Notary Public for Idaho Residing at: My commission xpires: Meridian City Council Meeting DATE: July 26, 2011 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Access Agreement for Western Ada Recreation District (WARD) at Storey Park MEETING NOTES ~~ o Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ADA COUNTY RECORDER Chrlslopher D. Rich AMOUNT .00 13 RECORDING REQUESTED BYAND WHEN RECORDED RETURN TO: 8018E IDAHO 07!27111 12:49 PM DEPUTYVIcklAllan III IIIIIIIIIIIIIIIIIII'~~I~~I~I~I~~I~ RECORDED-REDDEST OF 111060088 CIN 01 Meridian City of Meridian Attention: City Clerk 33 East Broadway Avenue Meridian, ID 83642 (Space Above For Recorder's Use) ACCESS EASEMENT This Access Easement is made effective this o~o day of ~, 2011, by and between The City of Meridian ("Grantor"), and the Western Ada Recreation Drstrict ("Grantee"). The Grantor and Grantee may be collectively referred to as the parties. RECITALS: WHEREAS, Grantor is the owner of that certain property located in the City of Meridian known as Storey Park, as more fully described in Exhibit A, which exhibit is attached hereto and incorporated herein ("Grantor's Property"); WHEREAS, Grantee is the owner of that certain property located in the City of Meridian known as the Meridian Pool as more fully described in Exhibit B, which exhibit is attached hereto and incorporated herein ("Grantee's Property"); WHEREAS, Grantor desires to grant and Grantee desires to receive an easement for ingress and egress across the Grantor's property as depicted on Exhibit C under the terms and conditions outlined hereafter. AGREEMENT: NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows: 1. Grant. Grantor hereby grants anon-exclusive perpetual access easement over, on, across, and through the Grantor's Property for ingress and egress in the location depicted on Exhibit C ("Easement"). 2. Purpose of Easement. The Easement shall be used for ingress and egress during the hours of operation of Storey Park for pedestrian travel, vehicular travel, and vehicle parking in marked areas. ACCESS EASEMENT -1 DOCUMENT IV.B o~r3o$ ISOU BOI MT2:586959.1 f' 3. Binding on Successors. This Easement shall be recorded in the official records of Ada County, Idaho, and shall be binding on the heirs, successors, administrators, executors and assigns of all parties hereto and shall run with the land. 4. Counterparts. This Easement may be executed in counterparts, each part being considered an original document, all parts being but one document. 5. Indemnification. The Grantee agrees to indemnify, defend and hold the Grantor, and its successors, assigns, and agents harmless from any and all claims, liability, losses, costs, charges, or expense that arise from their respective use or use by their respective customers, agents, invitees, or representatives of the Easement. 6. Remedies. In the event of a breach hereunder by any party, the non-breaching party shall have all remedies available at law or in equity, including the availability of injunctive relief. In any suit, action or appeal therefrom to enforce or interpret this Easement, the prevailing party shall be entitled to recover its costs incurred therein, including reasonable attorneys' fees and disbursements. 7. Relocation Reservation. Grantor hereby reserves the right to relocate the Easement upon the Grantor's Property either before or after any redesign or redevelopment of the Grantor's Property, upon thirty days' prior written notice to Grantee. The parties then agree to execute, deliver and record an amendment to this document to evidence the relocation. 8. Easement Obstructions. No fence or other barrier shall be erected or permitted within or across the Easement which would prevent or obstruct the passage of pedestrian or vehicular travel; provided, however, that the foregoing shall not prohibit (i) the temporary erection of barricades which are reasonably necessary for security and/or safety purposes in connection with the construction, reconstruction, repair and maintenance of improvements, including the Easement, on the Grantor's Property, it being agreed by the parties however, that all such work shall be conducted in the most expeditious manner reasonably possible to minimize the interference with the use of the Easement by Grantor, and such work shall be diligently prosecuted to completion, or (ii) the construction of limited curbing or other forms of traffic controls along the outer perimeter of the Easement. 9. Notices. All notices, demands and requests required or desired to be given under this Agreement must be in writing and shall be deemed to have been given as of the date such writing is (i) delivered to the party intended, (ii) delivered to the then current address of the party intended, or (iii) rejected at the then current address of the party intended, provided such writing was sent prepaid. The initial address of the signatories hereto is: Grantee: Western Ada Recreation District P.O. Box 566 Meridian, ID 83680 ACCESS EASEMENT - 2 DOCUMENT IV.B ~~]30$ 15t1~ BOI MT2:586959.1 Grantor: City of Meridian 33 East Broadway Avenue Meridian, ID 83642 Upon at least ten (10) days' prior written notice, each party shall have the right to change its address to any other address within the United States of America. 10. Dedications. Grantor excepts and reserves unto itself, its successors and assigns, the right to dedicate the Easement as a public street at any time at its sole election. Upon any such dedication all private rights of Grantee therein shall automatically terminate and expire. No dedication shall, however, be made of the Easement unless such Easement is accepted by the public entity for maintenance as a public street and the dedication does not preclude or prevent the continued use by Grantee of the entrance to and exit from the Easement then being used incident to the Grantee's Property. IN WITNESS WHEREOF, the undersigned have caused this Easement to be executed the day and year first written above. GRANTOR: CITY OF MERIDIAN ~`~` t dt fr~ % ..-Z~ - y•~'3.~'3.EJ ~ _ ~ * 1~~ ~, ~Q~~v~~ 5'~ '~,. ~ COIJ~~"1 ~ `~( ~,: ~''4: r;wn~ ru~~'~ GRANTEE: Q de Weerd WESTERN ADA RECREATION DISTRICT By /~fd~,~~27~1T,r~-u.--- ~sident By~ ~ .- Secretary ACCESS EASEMENT - 3 DOCUMENT IV.B ~7t30$ t$OQ BOi MT2:SBfi959.1 ss. County of ~_ ) STATE OF IDAHO ) On this ~ day of ~i~; 2011, before me ~~p,~t~,. „per , personally appeared Tammy de Weerd and Jaycee Holman, known or identified to me to be the Mayor and City Clerk of the City of Meridian who signed and attested the foregoing instrument on behalf of the City of Meridian, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ~...... :G~- 6''• O ~ ~'~ • • , ~,. J,~ ~~~ • •....• STATE OF IDAHO ) Residing at My Commission Expires ~ ss. County of A D A~ ) On this day of ~'~ N~ , 201'9, before me !"'IR~W ~ s}e~.,A-n~ personally appeared (,.IPr~.T Msr~o,,.I and , known or identified to me to be the president and secretary of the Western Ada Recreation District who executed the instrument on behalf of said District, and acknowledged to me that such District executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my offtcial seal the day and year in this certificate first above written. ~,r ~ vl . 3 TgW ~~~4 R ~~~ ~nTA ~, * ~~~ ~'UBL~G •••'•~TE oP ~o~;o• ACCESS EASEMENT-4 071305 1500 d~LG/, ~,,,iA.'~' NOTARY PUBLIC FOR IDAHO Residing at ,~a I ~ ~-~o My Commission Expires 7~' /L DOCUMENT IV.B BOI MT2:586959.1 EXHIBIT A (Grantor's Property Legal Description) ACCESS EASEMENT DOCUMENT IV.B 0~~30$ ~5(f0 BOI MT2:586959.7 -- TEALEY'S LAND 187 E. 50th Street • Garden City, Idaho 83714 SURVEYING (208) 385-0636 ' Fax (208) 385-0696 Project No.: 3365 Date: January 27, 2010 OF PARCEL B FOR CITY OF MERIDIAN A parcel of land, as shown on the Record of Survey No.5~73 ~, on file under Instrument No. t i CD ~--18-18 in the Office of the Recorder for Ada County, Idaho, lying in the Northwest 1/4 of Section 18, T.3N., R.1E., B.M., Meridian, Ada County, Idaho, and more particularly described as follows: COMMENCING at the North 1/4 corner of said Section 18, marked by a brass cap; thence along the North line of said Section 18 South 89°20'05" West 1309.06 feet to the Northeast corner of Government Lot 1 of said Northwest 1/4 of Section 18 as shown on Record of Survey No. 2017 on file under Instrument No. 9168335 in the Office of the Recorder for Ada County, Idaho; thence South 00°40'03" West 47.44 feet to a point on the South right-of-way line of East Franklin Road as shown on Record of Survey No. 7077 on file under Instrument No. 105148498 in the Office of the Recorder for Ada County, Idaho, said point being on the Westerly line of Honor Park Subdivision No. 3, as filed for record in Book 78 of Plats at pages 8191 & 8192 in the Office of the Recorder for Ada County, Idaho, said point being the POINT OF BEGINNING, marked by an iron pin; thence along said Westerly line South 00°40'03" West 234.91 feet to the Southwest corner of Lot 28 of Block 2 of said Honor Park Subdivision No. 3, marked by a lead plug and tack; thence along the Southerly line of said Honor Park Subdivision No. 3 North 89°31'22" East 622.00 feet to the Southeast corner of Lot 26 of Block 2 of said Honor Park Subdivision No. 3, marked by an iron pin; thence along the Westerly line of said Honor Park Subdivision No. 3 South 00°40'03" West 1048.08 feet to the Southwest corner of Lot 12 of Block 2 of said Honor Park Subdivision, said point being on the North line of Honor Park Subdivision No. 2, as filed for record in Book 68 of Plats at pages 6959 & 6960 in the Office of the Recorder for Ada County, Idaho, marked by an iron pin; thence along said North line and along the North line of Honor Park Subdivision No. 1, as filed for record in Book 65 of Plats at pages 6652 & 6653 in the Office of the Recorder for Ada County, Idaho South 89°31'22" West 622.00 feet to the Northwest corner of Lot 4 of Block 2 of said Honor Park Subdivision No. 1, marked by an iron pin; thence along the East line of said Government Lot 1 North 00°40'03" East 916.19 feet to a point, marked by an iron pin; thence North 51°52'37" West 133.04 feet to a point, marked by an iron pin; thence North 38°52'29" East 16.49 feet to a point, marked by an Iron pln; thence North 51°07'31" West 19.67 feet to a point, marked by an iron pin; thence South 38°52'29" West 44.52 feet to a point of curve, marked by an iron pin; thence along the arc of a curve to the right 55.71 feet, said curve having a radius of 66.00 feet, a central angle of 48°21'47", and a long chord bearing South 63°03'22" West 54.07 feet to a point, marked by an iron pin; thence South 87°14'16" West 173.69 feet to a point, marked by an iron pin; thence South 00°40'03" West 11.43 feet to a point, marked by an iron pin; thence along a line parallel with said North line of Section 18 3365-parcel-6-Desc.dac jdw TEALEY'S LAND SURVEYING 167E. 50~Slreek Garden City, Itlalro 83714•(20Bj 385-0636 Project No.: 3365 Parcel B Description Page 2 of 2 South 89°20'05" West 173.87 feet to a point on the East right-ot-way line of South Main Street as shown on Record of Survey No. 8652 on file under Instrument No. 109110965 in the Office of the Recorder for Ada County, Idaho, marked by an iron pin; thence along said East right-of-way line North 01°16'04" East 295.61 feet to a point on said South right-of-way line of East Franklin Road, marked by an iron pin; thence along said South right-of-way line North 47°12'39" East 46.45 feet to a point, marked by an iron pin; thence continuing North 89°20'05" East 156.25 feet to a point, marked by an iron pin; thence continuing North 88°03'42" East 340.86 feet (formerly 340.81 feet) to the POINT OF BEGINNING Said Parcel Contains 18.81 Acres, more or less. 71r'; , . ~~: ~~~7 ~°~-". '~f~K A. 3365-parce I-B-Desc.doc jdw EXHIBIT B (Grantee's Property) ACCESS EASEMENT DOCUMENT iV.B 071305 150 BOI MT2:SB6959.1 TEALEY'S LAND 187 E. 50th Street • Garden City, Idaho 83714 SURVEYING (208) 385-0636 Fax (208)385-0696 Project No.: 3365 Date: January 21, 2010 OF PARCEL A FOR WESTERN ADA RECREATION DISTRICT A parcel of land, as sh wn on the Record of Survey No. 7 ~ 7 , on file under Instrument No. 0 S in the Office of the Recorder for Ada County, Idaho, lying in the Northwest 1/4 of Section 18, T.3N., R.1 E., B.M., Meridian, Ada County, Idaho, and more particularly described as follows: COMMENCING at the North 1/4 corner of said Section 18, marked by a brass cap; thence along the North line of said Section 18 South 69°20'05" West 1309.06 feet to the Northeast corner of Government Lot 1 of said Northwest 1/4 of Section 18 as shown on Record of Survey No. 2017 on file under Instrument No. 9168335 in the Office of the Recorder for Ada County, Idaho; thence along the East line of said Government Lot 1 South 00°40'03" West 414.24 feet to the POINT OF BEGINNING, marked by an iron pin; thence continuing South 00°40'03" West 247.34 feet to a point, marked by an iron pin; thence North 52°17'11" West 450.67 feet to a point, marked by an iron pin; thence North 00°40'03" East 11.43 feet to a point, marked by an iron pin; thence North 87°14'16" East 173.69 feet to a point of curve, marked by an iron pin; thence along the arc of a curve to the left 55.71 feet, said curve having a radius of 66.00 feet, a central angle of 48°21'47", and a long chord bearing North 63°03'22" East 54.07 feet to a point, marked by an iron pin; thence North 38°52'29" East 44.52 feet to a point, marked by an iron pin; thence South 51°07'31" East 19.67 feet to a point, marked by an iron pin; thence South 38°52'29" West 16.49 feet to a point, marked by an iron pin; thence South 51°52'37" East 133.04 feet to the POINT OF BEGINNING. Said Parcel Contains 1.31 Acres, more or less. ~a 3365-parcel-A-Desc.doc jdw EXHIBIT C (Easement Depiction or Legal Description) ACCESS EASEMENT DOCUMENT IV.B 071305 15~~ BOI MT2:586959.1 TEALEY'S LAND SURVEYING 187 E. 50th Street • Garden City, Idaho 83714 (208) 385-0636 Fax (208) 385-0696 Project. No.: 3365 Date: January 27, 2010 DESCRIPTION OF CROSS ACCESS EASEMENT AT STOREY PARK FOR WESTERN ADA RECREATION DISTRICT A parcel of land being a portion of the Northwest 1/4 of Section 18, T.3N., R.1 E., B.M., Meridian, Ada County, Idaho, and more particularly described as follows: COMMENCING at the North 1/4 corner of said Section 18, marked by a brass cap; thence along the North line of said Section 18 South 89°20'05" West 1309.06 feet to the Northeast corner of Government Lot 1 of said Northwest 1/4 of Section 18; thence along the East line of said Government Lot 1 South 00°40'03" West 47.44 feet to a point on the South right-of-way line of East Franklin Road as shown on Record of Survey No. 7077 on file under Instrument No. 105148498 in the Office of the Recorder for Ada County, Idaho, marked by an iron pin; thence along said South right-of-way line South 88°03'42" West 9.90 feet to the POINT OF BEGINNING; thence South 00°50'34" West 96.29 feet to a point of curve; thence along the arc of a curve to the right 54.75 feet, said curve having a radius of 85.00 feet, a central angle of 36°54'24", and a long chord bearing South 19°17'45" West 53.81 feet to a point; thence South 37°44'57" West 56.49 feet to a point; thence South 52°15'29" East 79.23 feet to a point; thence South 63°51'27" East 99.22 feet to a point of curve; thence along the arc of a curve to the right 50.85 feet, said curve having a radius of 45.00 feet, a central angle of 64°29'33", and a long chord bearing South 31°36'40" East 48.02 feet to a point; thence South 00°38'06" West 260.43 feet to a point; thence North 89°41'47" West 107.61 feet to a point; thence North 00°38'57" East 210.91 feet to a point; thence North 51°52'37" West 144.97 feet to a point, marked by an iron pin; thence North 38°52'29" East 18.49 feet to a point, marked by an iron pin; thence North 51°07'31" West 19.67 feet to a point, marked by an iron pin; thence South 38°52'29" West 44.52 feet to a point of curve, marked by an iron pin; thence along the arc of a curve to the right 55.71 feet, said curve having a radius of 66.00 feet, a central angle of 48°21'47", and a long chord bearing South 63°03'22" West 54.07 feet to a point, marked by an iron pin; thence South 87°18'13" West 173.68 feet to a point, marked by an iron pin; thence South 87°14'16" West 174.08 feet to a point on the East right-of-way line of South Main Street; thence along said East right-of-way line North 01°16'04" East 34.86 feet to a point; thence North 87°00'43" East 339.85 feet to a point of curve; thence along the arc of a curve to the left 29.72 feet, said curve having a radius of 35.00 feet, a central angle of 48°38'40", and a long chord bearing North 62°41'23" East 28.83 feet to a point; thence 3365-access-ease-Desc.doc jdw TEALEY'S LAND SURVEYING Project No.: 3365 Cross Access Easement Description 167 E. 50" Streel, Garden City, Idaho 83714'1206) 385-0636 Page 2 of 2 North 38°22'04" East 184.37 feet to a point of curve; thence along the arc of a curve to the left 29.48 feet, said curve having a radius of 45.00 feet, a central angle of 37°32'02", and a long chord bearing North 19°36'03" East 28.95 feet to a point; thence North 00°50'02" East 96.00 feet to a point on said South right-of-way line of East Franklin Road; thence along said South right-of-way line North 88°03'42" East 36.21 feet to the POINT OF BEGINNING. Said Parcel Contains 1.65 Acres, more or less. ,ilp, is Ir... I: ~~ ~. ~~ .t .b~y~ p~~.~; ®`~E~ pL. 3365-access-ease-Desc.doc jdw N. r~ L Jl CROSS ACCESS EASEMENT EXHIBIT AT STOREY PARK FOR WESTERN ADA RECREATION DISTRICT LYING IN THE NW I/4, SECTION 18, T.3N., R.IE., B.M., MERIDIAN, ADA COUNTY, IDAHO 0 50 100 200 SCALE IN FEET I" = 100' 12 7 ___ 13 18 z I Q D W I F I (n I Z Q I~ E. FRANKLIN ROAD S 89°20'05" W 2401.71' _ 1092.65' N 88°03'~ ^ - - - - 36.21 NE COR, GOV. LOT I NORTH / I/4 COR. 7 1309.06' / I8 E ~S 00°40'03" W 47.44' 88°03'42" W 9.90' N 00°50'02" E 96.00' S 38°52'29" W r 44.52' \ ~ ,~/, -~ 1 S 00°50'34" W N I 96,29' (i N I i ~'/ I S 37°44'57" W ~^ 56.49' gyp. ~~ / ~ S 52°15'29" E 79.23' it°07'31" W _ 19/67'. g66 /.2~.~F ~lll»lj 87°14'16" W N OI°16'04" E --S 87 ° IB' 13" W ----------------- lfi: ~ .. f_ r.'8 . 16.4 ~/ 34.86' \ a' ~>~~ i f ~~ 4d~ ~' ~~ ~' ~~ V,.', p ;=5 r AREA IN CROSS ACCESS EASEMENT \ '~ `'~~~'+-~°`~>; ~'' ~ t~~LG/11Li~ = 71,965 Sq. Ft. (1.65 ACRES) \ ~f~~A, `'y,~'to ` CURVE TABLE CURVE RADIUS DELTA LENGTH BEARING CHORD C- I 66.00' 48°21'47" 55.71' S 63°03'22" W 54.07' C- 2 85.00' 36°54'24" 54.75' S 19°17'45" W 53.81' C- 3 45.00' 64°29'33" 50.65' S 31°36'40" E 48.02' C- 4 35.00' 48°38'40" 29.72' N 62°41'23" E 28.83' C- 5 45.00' 37°32'02" 29.48' N 19°36'03" E 28.95' 3365-LLA.dwg 01-27-10 14:21:27 JWorgo I \ \ \1V U[ TEALEY'S LAND SURVEYING 187 EAST 50th STREET ~~ GARDEN CITY, ID. 83714 208-385-0636 1~ m v O N 3 m o o //J N 89°41'47" W- Meridian City Council Meeting DATE: July 26, 2011 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Water and Sewer Easement granted by the Western Ada Recreation District (WARD) at Storey Park MEETING NOTES Community Item/Presentations Presenter Contact Info.INotes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ADA COUNTY RECORDER Chrlelopher D. Rieh AMOUNT .00 ' SOISE IDAHO 07/27111 12:49 PM DEPUTY Vickl Allen III IIII IIIIIIIIIIIIIII IIIIIIIII III III RECORDED-REQUEST OF 111060089 CIN of Merldien SANITARY SEWER AND WATER MAIN EASEMENT THIS INDENTURE, made this 22 n4 day of dcra7 [navy , 20~_between bV'¢,s~trv- ,Qaja, ~¢[Y~a~ryn ,Qjf¢ry'cy-, the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a sanitary sewer and water main right-of--way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constmcted by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right-of--way for an easement for the operation and maintenance of sanitary sewer and water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer and water mains and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of--way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance,,Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the azea described in this easement that was paced there in violation of this easement. Sanitary Sewer and Water Main Easement EASMT.S&W.doc THE GRANTORS hereby covenant and agree that they will not place or allow to be placed ~ any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of--way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of--way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the Grantee that they are ]awfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: ~C~~,~~~ Presid~je~nt ~,, ~J Secretary STATE OF IDAHO County of Ada ss On this~ZN~ day of~~~~ ,20ia,beforeme,theunders~ed,aNotary Public in and for said State, personall appeared W/a~'t" /'tug-ow and G 9.a, D. ~.~.-{~ known or identified to me to be the President and Secretary, respectively, of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above •r•~a. STB~a,~ .r•.~e4 ~ATA~QY * ~~~ ~uUBL~G • J~ . p i s•.~rq ••.... p,4••d Sanitary Sewer ~`d~'afbPl~f~jp~ase~ _I ~~ NOTARY PUBLIC FOR IDAHO Residing at: ~o~N ~'~~ Commission Expires: ~ 2 h -iZ EASMT.S&W.doc GRANTEE: CITY OF MERIDIAN Tammy de/ ~t~ , MayOY ~~~~~~~~0~ deg-k`rl /~~~`%.. l/~/ ~.~ .c'1 ..f.,,,'~1,~ ',, T. by J~ee L. Holman, City Approved By City Council ~~rr ~O ~~ a.).Gfia.V..a ,~. , .. STATE OF IDAHO County of Ada ss On this ~~ day of \wlt.~ , 20 ~ 1 ,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 instrtunent, 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. ,\:iON. ~~ ARp 1'I'E ~ N ARY PUB IC FOR AHO Residing at: p C Commission Expires: 1, 0.h ~T 1t~ L ~{ Sanitary Sewer and Water Main Easement EASMT.S&W.doc - TEALEY'S LAND 187 E. 50th Street • Garden City, Idaho 83714 SURVEYING (208) 385-0636 (" Fax (208)365.0696 Project. No.: 3365 EXHIBIT'~A'~ Date: January 21, 2010 DESCRIPTION OF CITY OF MERIDIAN SEWER MAIN EASEMENT AT MERIDIAN COMMUNITY POOL A parcel of land being a portion of the Northwest 1/4 of Section 18, T.3N., R.1 E., B.M., Meridian, Ada County, Idaho, and more particularly described as follows: COMMENCING at the North 1/4 corner of said Section 18, marked by a brass cap; thence along the North line of said Section 18 South 89°20'05" West 1309.06 feet to the Northeast corner of Government Lot 1 of said Northwest 1/4 of Section 18; thence along the East line of said Government Lot 1 South 00°40'03" West 414.24 feet to the POINT OF BEGINNING; thence continuing South 00°40'03" West 2.52 feet to a point; thence North 51°52'37" West 154.27 feet to a point; thence North 38°52'29" East 18.75 feet to a point; thence South 51°07'31" East 19.67 feet to a point; thence South 38°52'29" West 16.49 feet to a point; thence South 51°52'37" East 133.04 feet to the POINT OF BEGINNING. Said Parcel Contains 634 Sq. Ft., more or less. ,.~ ; E~ . 3365-sewer-ease-Desc.doc jdw EXHIBIT "B" CITY OF MERIDIAN SEWER MAIN EASEMENT EXHIBIT AT STOREY PARK LYING IN THE NW I/4, SECTION IB, T.3N., R.IE., B.M., MERIDIAN, ADA COUNTY, IDAHO NE COR. NORTH GOV. LOT I I/4 COR. E. FRANKLIN ROAD / ~ 12 7 N 89°20'05" E 2401.71' _ _ _ _ n 13 18 1092.65' - ~ I~ 18 p I z o w ~ I S 51°07'31" E ~ / 19.67' N 38°52'29" 10.75' 2.00 ; AREA = 634 Sq. Ft. i - i a - I N O~ d ~I -I ~ S 38°52'29" W m, g - 16.49' I , i m i o ~ o i ~ I ° EXISTING SEWER ~ o ~S MAIN LINE I o ,~6~~~m- I W I Ps ~,g' ~~.~' B~yi7 1Y. ~l 3365-EXHIBITS.dwg 12-28-09 13:35:22 JWargo / + .d ~ d 0 IS 30 60 SCALE IN FEET I" = 30' \'f' ~ P.O.B. ' N CO °' m~6 'r. S •• S 00°40'03" W ~~ ~-' 2.52' „ 2.00' , . 7 es 4 . .. \ 4,4 d ~ lya „ ... II TEALEY'S LAND SURVEYING 187 EAST SOIh STREET e - GARDEN CITY, ID. 83714 208-385-0636 ~T~ TEALEY'S LAND SURVEYING 187 E. 50th Street • Garden City, Idaho 83714 (208) 385-0636 Fax (208)385-0696 Project. No.: 3365 Date: January 21, 2010 EXHIBIT "A" DESCRIPTION OF CITY OF MERIDIAN WATER MAIN EASEMENT AT MERIDIAN COMMUNITY POOL A parcel of land being a portion of the Northwest 1/4 of Section 18, T.3N., R.1 E., B.M., Meridian, Ada County, Idaho, and more particularly described as follows: COMMENCING at the North 1/4 corner of said Section 18, marked by a brass cap; thence along the North line of said Section 18 South 89°20'05" West 1309.06 feet to the Northeast corner of Government Lot 1 of said Northwest 1/4 of Section 18; thence along the East line of said Government Lot 1 South 00°40'03" West 613.37 feet to the POINT OF BEGINNING; thence continuing South 00°40'03" West 21.91 feet to a point; thence North 65°14'29" West 93.65 feet to a point; thence North 52°17'11" West 342.72 feet to a point; thence North 89°18'23" East 27.36 feet to a point; thence South 52°17'11" East 291.04 feet to a point; thence North 28°34'49" East 20.69 feet to a point; thence South 61°25'11" East 20.00 feet to a point; thence South 28°34'49" West 22.71 feet to a point; thence South 65°14'29" East 90.54 feet to the POINT OF BEGINNING. Said Parcel Contains 7,970 Sq. Ft., more or less. ~+ E~` ~f S F.V ~~ ~0. J§ (~ 'W lei i...,y,... 3365-water-ease-Desc.doc jdw EXHIBIT "B" CITY OF MERIDIAN WATER MAIN EASEMENT EXHIBIT AT STOREY PARK LYING IN THE NW I/4, SECTION 18, T.3N„ R.IE., B.M., MERIDIAN, ADA COUNTY, IDAHO N B9°18'23" E NE COR. NORTH GOV. LOT I I/4 COR. E. FRANKLIN ROAD \ 7 12 ~ N 89°20'05" E 2401.71' _ _ _ 13 18 1092.65' 111309.06' I8 C] ~ I Z I Q I ~ ~I ~ I LJ m f ! ---rte -----~,i----<- CABLE 17.00'1 ~ .°a S } .a ./ EXISTING WATER '1'S //~~'F ~.°.I. MAIN LINE 2 ~ 2g ,~/° /~9. 7Y .. 1V. ,]L ~~ 0 30 60 120 SCALE IN FEET I" = 60' 3365-E%HIBITS,tlwa 01-21-10 08:13:35 JWaroo c I °4 D~ Nc m ° m ° ° ee `~ N . WATER MAIN EASEMENT AREA = 7,910 Sq~Fi. ~r~ 4 _ -~ e ` ° '~ b ~F,~ s~ w+~ s ~",W ~' n C~ ~~ yyy v~ F~ ~ t~'r&i~ ~.~~.~ TEALE S°~~i 32.54' W ~S. I o ;.: POOL o a' O ~ . . o ." ~. -~~`° ~ S 61°25'11" E ~ Z 8°34_'49" E ~ ~ 20.00' a,l ;:; 20.69' ~ I-- ~~- ~ POOL I ~~ W S 28°34'49" W 22.71' S 6S90 Sq . rq 29., I P.O.B. e Ir 20.00' ^, n'°v 6S, S 00°40'03" W r9~ 21.91' ~~::~ 9365 9 \~ W~ J ~~"~~ 26.30' ND SURVEYING 187 EAST 50th STREET ~ • GARDEN CITY, ID. 03714 208-385-0636 Meridian City Council Meeting DATE: July 26, 2011 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: New Beer and Wine License Application for Public House LLC dba R & R Public House located at 1626 S. Wells Ave. Suite #1 15 MEETING NOTES Lr~s~2.~ 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: JuIV 26, 2011 ITEM NUMBER: PROJECT NUMBER: PP 11-001 ITEM TITLE: Avendale Subdivision Findings of Fact, Conclusions of Law: PP 1 1-001 Avendale Subdivision by Silver yaks Apartments, LLC Located North of W. Franklin Road and West of N. Ten Mile Road Request: Preliminary Plat Approval Consisting of Six (b) Multi-Family Building Lots and Six (b) Common/Other Lots on 24.61 Acres of Land MEETING NOTES ~~~~ Community Item/Presentations Presenter Contact Info./Notes ~ n ~~ J 2~c~' ti ~ e, ~• ma~~-ea~ -~ ~e ~J f`--~e~l~a~ CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: July 26, 2011 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Items Moved From Consent Agenda MEETING NOTES ~~''`-e- 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: July 26, 2011 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Adoption of the FY201 1 Amended Budget in the Amount of $71,374,077.00 MEETING NOTES u,9,,~a.E~1 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 ~~EIZIDIAN ~~: Interoffice Memo 07/19/2011 To: Mayor & City Council From: Accounting Manager, Todd Lavoie Ref: FY2012 Budget and FY2011 Budget Action Needed: 1. Council to tentatively approve the proposed revenues and expenditures for Fiscal Year 2012 $67,136,453 (Sixty-Seven Million One Hundred Thirty-Six Thousand Four Hundred and Fifty-Three Dollars) 2. Council to approve the amended revenues and expenditures for Fiscal Year 2011 $71,374,077 (Seventy-One Million Three Hundred Seventy-Four Thousand and Seventy-Seven Dollars) City of Meridian FY2011 Budget Notice as of: 7/1 512 01 1 Original Budget Amendments Final Budget Revenues Property Tax $ 18,950,000 $ 18,950,000 Other Sources $ 7,381,230 $ (26,050) $ 7,355,180 Total Revenue $ 26.331.230 $ (26.0501 $ 26.305.160 Expenditures Personnel and Operating Administration $ 4,877,542 $ 4,025,027 $ 8,902,569 Fire $ 7,721,548 $ 1,500 $ 7,723,048 Police $ 11,213,523 $ (177,948) $ 11,035,575 Parks $ 2,870,765 $ - $ 2,870,765 Total Personnel and Operating $ 26,683,379 $ 3,848,578 $ 30,531,957 Capital Administration $ 106,580 $ 16,346 $ 122,926 Fire $ 450,000 $ 10,800 $ 460,800 Police $ 513,500 $ (31,474) $ 482,026 Parks $ 600,500 $ 738,541 $ 1,339,041 Total Capital $ 1,670,580 $ 734,214 $ 2,404,794 Carryforv/ard-Operating $ 480,835 $ (240,601) $ 240,234 Carryforward -Capital $ 1,413,768 $ (105 484) $ 1 308 284 Total Carryforward 1,894,603 (346,086) 1,548,517 Total Expenditures $ 30,248,562 $ 4,236,706 $ 34,485,268 Transfers Capital Improvement Fund $ _ Public Safety Fund $ _ Other Transfers $ (1,446,494) $ (1 446 4 Total Transfers $ (1.446.4941 $ - ~ !1 4aR a Total Expenditures with Transfers $ 28,802,068 $ 4,236,706 $ 33,038,774 (Use)/Addition of Fund Balance $ (2,470,838) $ (4,262,756) $ (6,733,594) Original Budget Amendments Final Budget Revenues Fire $ 345,000 $ 345,000 Police $ 60,000 $ 60,000 Parks $ 865,000 $ 865,000 7/25/2011 10:04 AM 1 of 6 F:IBUDGET\FY2011\FY2011 Budget Notice.xls Total Revenue Expenditures Personnel and Operating Fire Police Parks Total Personnel and Operating Capital Fire Police Parks Total Capital Total Carryfoward Total Expenditures Transfers Total Expenditures with Transfers (Use)/Addition of Fund Balance Revenues Fire Police Total Revenue Expenditures Personnel and Operating Fire Police Total Personnel and Operating Capital Fire Police Total Capital Total Carryfoward Total Expenditures Transfers Total Expenditures with Transfers $ 1,270,000 $ - $ 1,270,000 $ 20,000 $ 20,000 $ - x _ $ - $ - $ 546,666 $ (5,906) $ 540,760 $ 1,066,666 $ (5,906) $ 1,060,760 $ - $ - $ - $ 1,066,666 $ (5,906) $ 1,060,760 $ 203,334 $ 5,906 $ 209,240 Original Budget Amendments Final Budget $ - $ - $ - k _ R _ ¢ _ $ - $ - $ - $ $ - $ - $ - $ - - $ - $ - $ - $ - $ $ - $ - $ - $ - - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - 7/25/2011 10:04 AM 2 of 6 F:\BUDGET\FY2011\FY2011 Budget Notice.xls (Use)/Addition of Fund Balance $ - $ _ $ _ Total Revenue Amendments Final Total Personnel and Operating $ 80,634 $ 580,624 $ 661,258 Total Capital $ - $ 26,363 $ 26,363 Total Carryfoward $ 956,551 $ (186,633) $ 769,918 Total Expenditures $ 1,037,184 $ 420,354 $ 1,457,539 Transfers $ _ $ _ $ _ Total Expenditures with Transfers $ 1,037,184 $ 420,354 $ 1,457,539 (Use)/Addition of Fund Balance $ (121,317) $ (142,437) $ (263,754) Original Budget Amendments Final Budget Revenues Building Revenue $ 1,870,000 $ 513,211 $ 2,383,211 Other Revenue $ 332,000 $ 332,000 Total Revenue R ~ ern nnn 4 F1'3 ~a ~ e ~ ~n ~ ~„ Expenditures Total Personnel and Operating $ 2,014,072 $ 207,964 $ 2,222,036 Total Capital $ _ $ _ $ _ Total Carryfoward $ 150,000 $ - $ 150,000 Total Expenditures $ 2,164,072 $ 207,964 $ 2,372,036 Transfers $ 136,197 $ 600,722 $ 736919 Total Expenditures with Transfers $ 2,300,269 $ 808,686 $ 3 108 955 (Use)/Addition of Fund Balance $ (98,269) $ (295,474) $ (393,743) Original Budget Amendments Final Budget Revenues 7/25/2011 10:04 AM 3 of 6 F:IBUDGET1FY20111FY2011 Budget Notice.xls Total Revenue Expenditures Total Personnel and Operating Total Capital Total Carryfoward Total Expenditures Transfers Total Expenditures with Transfers (Use)/Addition of Fund Balance Revenues Water/Sewer Sales Other Sources Total Revenue Expenditures Personnel and Operating Utility Billing Public Works Water Wastewater Total Personnel and Operating Capital Utility Billing Public Works Water Wastewater Total Capital Carryforward -Operating Carryforward -Capital Total Carryforward Total Expenditures Transfers Total Expenditures with Transfers 7/25/2011 10:04 AM $ - $ - $ - $ - $ - $ 1,678,767 $ 1,678,767 $ - $ - $ 1,678,767 $ 1,678,767 $ - $ (600,722) $ (600 722) $ - $ 1,078,045 $ 1,078,045 $ - $ (1,078,045) $ (1,078,045) Original Budget Amendments Final Budget $ 19,200,000 $ 19,200,000 $ 4,240,000 $ 8,480 $ 4,248,460 $ 23,440,000 $ 8,480 $ 23,448,480 $ 794,295 $ - $ 794,295 $ 3,628,774 $ 894,001 $ 4,522,775 $ 5,765,154 $ (519,043) $ 5,246,111 $ 7,605,890 $ (481 853) $ 7 124 037 $ 17,794,113 $ (106,895) $ 17,687,218 $ - $ - $ - $ 65,920 $ (15,000) $ 50,920 $ 2,315,600 $ 127,000 $ 2,442,600 $ 5,181,790 $ 25,000 $ 5,206,790 $ 7,563,310 $ 137,000 $ 7,700,310 $ 1,165,938 $ (655,572) $ 510,366 $ 7,223,421 $ (2,801,608) $ 4.421.812 $ 33,746,781 $ (3,427,075) $ 30,319,706 $ 1,310,298 $ - $ 1,310,298 $ 35,057,079 $ (3 427 075) $ 31 630 004 4 of 6 F:\BUDGETIFY2011\FY2011 Budget Notice.xls (Use)IAddition of Fund Balance $ (11,617,079) $ 3,435,555 $ (8,181,524) Original Budget Amendments Final Budget Revenues Total Revenue $ 27,247,097 $ 251,868 $ 27,498,965 Expenditures Total Personnel and Operating $ 26,764,013 $ 4,429,202 $ 31,193,215 Total Capital $ 1,670,580 $ 760,577 $ 2,431,157 Total Carryforward 2,851,153 (532,718) 2,318,435 Total Expenditures $ 31,285,746 $ 4,657,061 $ 35,942,807 Transfers $ (1,446,494) $ - $ (1446,494) Total Expenditures with Transfers $ 29,839,252 $ 4,657,061 $ 34,496,313 (Use)/Addition of Fund Balance $ (2,592,155) $ (4,405,193) $ (6,997,348) Original Budget Amendments Final Budget Revenues Total Revenue $ 54,159,097 $ 773,559 $ 54,932,656 Expenditures Total Personnel and Operating $ 46,592,198 $ 4,530,271 $ 51,122,469 Total Capital $ 9,733,890 $ 2,576,344 $ 12,310,234 Total Carryforward $ 11,937,177 $ (3,995,804) $ 7,941,373 Total Expenditures $ 68,263,265 $ 3,110,811 $ 71,374,076 Transfers $ 1 $ - $ 1 Total Expenditures with Transfers $ 68,263,266 $ 3,110,811 $ 71,374,077 (Use)/Addition of Fund Balance $ (14,104,169) $ (2,337,252) $ (16,441,421) Pere/L 68,263,266.00 3,110,811.38 71,374,077.38 Reconciliation Difference (0.07) (0.28) (0.35) 7/25/2011 10:04 AM 5 of 6 F:16UDGET\FY2011\FY2011 Budget Notice.xls FY2011 FY2011 FY2011 Original Budget Amendments Final Budget Revenues Total Revenue Expenditures Total Personnel and Operating Total Capital Total Carryforward Total Expenditures Transfers Total Expenditures with Transfers (Use)/Addition of Fund Balance $ 30,719,097 $ 765,079 $ 31,484,176 $ 28,798,085 $ 4,637,166 $ 33,435,251 $ 2,170,580 $ 760,577 $ 2,931,157 3,547,819 (538,624) 3,009,195 $ 34,516,484 $ 4,859,119 $ 39,375,602 $ (1,310,297) $ 600,722 $ (709,575) $ 33,206,187 $ 5,459,841 $ 38,666,027 $ (2,487,090) $ When publishing the notice. only use 07.50,55.60-62,GF.Total (4,694,762) $ (7,181,851) 7/25/2011 10:04 AM 6 of 6 F:IBUDGET\FY2011\FY2011 Budget Notice.xls n r r r o P n o m o o N O F N O O N O o 0 0 0 0 0 o v ~ o m o r m m n t1 fR ~ 0 0 M 19 ~ V O O N W 0 0 ~n n o o w m OI-. 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OI w O O O VI O O m O O O O N O O N O O O N N V w O tO ~ ~ o }$ ry r' e°Oa iOOO o °°0°oo°a° ° °° ° °° ° ° ° ° ° ° ~A ° i O m m + $ ~ wWO q q q qo o oo o o q q o q q 00oogogqq0ooqqqq • o wWO o o JJ ~ ~ I 1 I m ° l O N ~ < ~ ;a C N ~ R n N ~a c ~ m - A ~ O ~ ~_ m a Meridian City Council Meeting DATE: July 26, 2011 ITEM NUMBER: 7C PROJECT NUMBER: ITEM TITLE: Continued from June 21, 201 1: Public Hearing: CDBG Program Year 201 1 (PY201 1) Draft Annual Action Plan-Open Public Hearing and Comment Period MEETING NOTES /~.'ti2r~ G~~ 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~--- . . '~ July 27, 2011 Doug Carlson Director, Community Planning and Development U.S. Department of Housing and Urban Development 400 Southwest Sixth Avenue, Suite 700 Portland, OR 97204-1632 Dear Mr. Carlson: MayorTammy de Weerd City Council Members: Keith Bird Brad Hoaglun Charles Rountree David Zaremba Enclosed please find the City of Meridian's Program Year 2011 Community Development Bloclc Grant Action Plan. The plan was adopted by the Meridian City Council at the July 26, 2011 City Council meeting. Please let the City laiow if you have any questions, or if further clarification is needed. All questions can be directed to Lori Den Hartog, CDBG Administrator, at ldenhartog(c~,meridiancity.org, or by phone at 208-884-5533. Thank you and we look forward to working with you and your staff in the upcoming program year. Sincerely, Tammy Mayor Planning Department . 33 E. Broadway Avenue Meridian, ID 83642 Phone 208-884-5533 Fax 208-888-6854 www.meridiancity.org CITY OF MERIDIAN CITY COUNCIL PUBLIC HEARING SIGN-UP SHEET DATE July 26, 2011 .ITEM # 7C PROJECT NUMBER PROJECT NAME CDBG Program Year 2011 Annual Action Plan ~ ,,.1'~~ASE PRINT NAME ~ FOR ~ AGAINST ~ NEUTRALI CITY CLERKS r' Meridian City Council Meeting DATE: July 26, 2011 ITEM NUMBER: 7D PROJECT NUMBER: ITEM TITLE: Resolution No. ~~ '~ ~~ :Adopting Community Development Block Grant (CDBG) PY201 1 Action Plan MEETING NOTES F~~~~ 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 RESOLUTION NO. ~" l ^ ~ / CITY OF MERIDIAN BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA A RESOLUTION APPROVING SUBMISSION OF THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM YEAR 2011 ACTION PLAN TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST THE SAME ON BEHALF OF THE CITY OF MERIDIAN; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, it is necessary that an annual action plan be submitted to the United States Department of Housing and Urban Development ("HUD") in order to receive Community Development Block Grant ("CDBG") funding for the Program Year of 2011; and WHEREAS, the City held a public hearing on the Program Year 2011 Action Plan on July 26, 2011, and held a public comment period on the draft application materials from June 21, 2011 to July 26, 201 ] . NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That the Program Year 2011 Action Plan and its certification documents, copies of which are attached hereto as EXHIBIT A and incorporated herein by reference, be, and the same hereby are, approved as to both form and consent. Section 2. That the Mayor and the City Clerk be, and they hereby are, authorized to respectively execute and attend the certifying documents for the Program Year 2011 Action Plan for and on behalf of the City of Meridian. Section 3. That this Resolution shall be in full force and effect immediately upon its adoption and approval. Z(y day of ADOPTED by the City Council of City of Meridian, Idaho this 2011. APPROVED by the Mayor of the City of Meridian, Idaho, this ~~~ daY of ,2011. 1 V\~~'i~+/ ~~~~e4:'Ffs 'P'ROVED: \~~..~ ~ de Weerd - r,,.~-.m ,~ 11 May r a Y ATTEST: ~~ ~~~' a ~ 's ~ -c ~ ~~ - By: aycee olman, City~'P~ler~'tiU~gT"d , ~ . +~ •' RESOIATION APPROVING CDBG DOCUIv1ENTS -Page 1 OF 1 i COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM 2011 ACTION PLAN CITY OF IDIAN ~~ ~t~ , ~ ~ a~ ~ 33 East Broadway Avenue Meridian, ID 83 642 208/888-4433 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 Action Plan TABLE OF CONTENTS CITY OF MERIDIAN, IDAHO 2011 ACTION PLAN SECTION PAGE Introduction I 1. Purpose of [his Document I 2. City of Meridian CDBG Program Mission Statement I 3. Consolidated Plan 1 4. Action Plan 1 S. CAPER 2 6. Submittal to HUD 2 Executive Summary 3 1. Summary of PY2011 Objectives and Outcomes 5 2. Evaluation of the City's Pas[ Performance 9 3. Summary of the Citizen Participation Process 9 A. Participation 9 B. Public Meetings 10 C. Access to Infonnation 10 D. PY2011 Process 10 E. Efforts to Broaden Public Participation 1l 4. Summary of Public Comments I 1 5. Summary of Comments not Accepted 11 Resources 12 1. Federal, State, and Local Resources 12 Objectives, Activities, & Measures 14 1. Suitable Living Environment 14 2. Affordable Housing IS 3. Economic Development IS 4. Planning & Administration 15 Geographic Distribution 16 Additional Requirements 17 1. Affordable Housing 17 2. Public Housing 17 3. IIomelessness and Other Specia] Needs 17 4. Barriers to Affordable Housing 18 5. Other Actions 18 6. Impediments to Fair Housing 18 Program Specific Requirements 19 1. PY2011 CDBG Activities to Benefit LMI Persons 19 City of Meridian, Idaho ii 2011 Action Plan Appendix B: Tables 24 Appendix C: Certifications 38 Appendix D: SF 424 49 Anuendix E: Proof of Publication 57 2P~~~E N7pFyU ~~* ~~~~~~~ *~~ 2011 Program Year Action Plan °~ IIIII~II ~~~ e ~~AM f7EV~~p 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 fiom 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. Ciry of Meridian, Idaho 2011 fiction Plan 5. CAP)CR 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 bferidian, Idaho 2011 .~cfion 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 $230,715.00. 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. New 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 purchase of playground equipment for an all-abilities playground incoordination 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. Ciry of hlexidian, Idaho 2011 action Plan 3 Table 1: General summary of activities proposed for PY2011 Categorical Categorical Cate o & Activit Activity Total Total Percentage Administration & Planning $46,115.00 TOTAL $46,115.00 20% Suitable Living Environment Public Facilities 33% All Abilities Playground $75,000.00 Public Services 15% Meridian Food Bank $24,600.00 Meridian Boys and Girls Club $10,000.00 TOTAL $109,600.00 46% Affordable Housing Homeownership Assistance $35,000.00 TOTAL $35,000.00 15% Economic Development Fa ade Im rovements $40,000.00 TOTAL $40,000.00 17% SUBTOTAL $230,715.00 100% City of blexidian, Idaho 2011 Action Plan 1. Summary of PY2011 Priorities, Objectives, and Outcomes In Program Year 2011, the City will invest CDBG funds according to the following 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. Table 2: Summary of Expenditures by Priority PY2011 Priority Funds Allocated Percent of PY2011 Funds Allocated Suitable Living Environment $109,600.00 48% Public Facilities $75,000.00 33% Public Services $34,600.00 15% Affordable Housing $35,000.00 15% Economic Development $40,000.00 17% Planning & Administration $46,115.00 20% TOTAL $230,715.00 100% PY2011 Priority #1: Suitable Livin¢ 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 an All-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 internal City Working Group did not propose an amount of funding for this project. This project will receive $75,000 in funding, and the funding will be utilized to purchase the playground equipment. The playground project team is currently in the processing of raising funds and will leverage their other funding sources to pay for the construction and installation of the equipment in addition to the other amenities proposed for this location. 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 City is 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 City is allocating $10,000 toward this project. OBJECTIVE SL1.1: Invest in public facility projects that help create a suitable living environment in LMI neighborhoods. • All-Abilities Playground facility at Meridian Elementary School. OUTCOMES: Availability/Accessibility of Suitable Living Environment. City of bferidian, Idaho 2011 Action Plan S • 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 ($75,000). 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 ($24,600). 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 ($10,000). 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 $15,000 in 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 the Affordability of Decent Housing. In addition, the City will provide $20,000 in funding 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. • Assist one low/moderate income household identified through the Housing Choice Voucher Program to purchase a home in Meridian (Ada County Housing Authority, $15,000). • Assist two low/moderate income households (that are not receiving assistance through the Housing Choice Voucher Program) to City of Meridian, Idaho 2011 ilction Plan purchase homes in Meridian (Neighborhood Housing Services, $20,000). PY2011 Priority #3: Economic Develoument $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 facade 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 facade improvement project to address blight in the URA. PY2011 Priority #4: Planning & Administration $46.115.00 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 $46,115 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 dcdon 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 Livine Environment If a project 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/lighting segments 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 Meridian, Idaho 2011 1lcnon 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 fiction Plan n 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 newspapers, the Valley Times and The Idaho Statesman, two weeks prior to each meeting. The notices include information about the availability of draft and final plans, which are typically available for public review at City Hall, the Public Library, the Meridian Senior Center, and on the City's website. 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 throughout 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.or /cg dbel 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 chuge 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 fiction Plan 10 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 Participation efforts: • April 18, 2011: Contacted City Department 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 • July 26, 2011: City Council Adopted Program Year 2011 Action Plan 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 The following individuals testified in support of the draft plan at the June 21, 2011 public hearing: • Colleen Braga, Director of Ada County Boys and Girls Club • Marcus Myers, Principal of Meridian Elementary School • Jana Rangel, Teacher at Meridian Elementary School • Liz Warner, Director of Meridian Food Bank 5. Summary of Comments not Accepted Greg Morris, Director of the CATCH Program, and Jeannie Buschine from the Meridian School Dish~ict testified on behalf of the Charitable Assistance to Community's Homeless (CATCH) Program. The CATCH Program applied for public service funding to fund apart-time staff person in Meridian to coordinate housing and social services for families in Meridian experiencing homelessness. After listening to all the testimony, the City Council decided to not fund the CATCH Program with CDBG public service funds. City of Meridian, Idaho 2011 rlcrion Plan 11 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 maybe 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 IaLeddian, Idaho 2011 Action Plan 12 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 Action Partnership • United Way • Faith-based Organizations • Local utility companies • Individual and Business Donors • Civic Organization Donations • Volunteer in-kind services City of Meridian, Idaho 13 2011 Action Plan Obiectives, 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 elimination of slum and blight. The City's PY2011 entitlement is anticipated at $230,715.00. Objectives, Activities, and Measures for each projecUactivity are outlined below. 1. Suitable Living Environment: $109,600.00 OBJECTIVE SLl.l: Invest in public facility projects that help create a suitable living envirorunent in LMI neighborhoods. ACTIVITY: All-Abilities Playground at the Meridian Elementary School ($75,000) 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 I. MEASURES: • One (1) Public Facility. OBJECTIVE 5L3.3: Support public service activities that benefit presumed and documented 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. Ciry of Meridian, Idaho 14 2011 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 pm~chase homes. MEASURES: Up to three LMI households assisted in the purchase of a home in Meridian. 3. Economic Development: $40,000.00 OBJECTIVE EO3.1: 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 at least one fapade improvement project to address blight in the Urban Renewal Area (URA). MEASURES: One completed fapade improvement project in the URA. 4. Planning & Administration: $46,115.00 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 15 2011 Action Plan Geographic 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 PY2011 funds on location-specific activities in this area (afrer removing the Administration and Planning allocation of 20% from the total entitlement). According to current census data, there are no significant concentrations of racial or minority groups. The following projects will occur in specific locations orpre-identified geographic area: 1. All-Abilities Playground ($75,000). This playground will be located on property owned by the Meridian Elementary School located at 1035 NW 1st Street. The project is located in a pre- 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 fapade 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 16 2011 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/Ado 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/Ado 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. Ciry of Meridian, Idaho 17 2011 Action Plan 4. Barriers to Affordable Housing The City will update the Consolidated Plan during PY2011. The Consolidated Plan will include an updated market analysis and Analysis of Impediments 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 Impediments 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 18 201 l Action Plan Pro>?ram-Specific Requirements 1. PY2011 CDBG Activities to Bene£t 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. Monitorin>s 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 IDIS 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 sub-recipient 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 sub-recipient'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 19 2011 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 20 2011 Action Plan Appendix A.1: LMI Census Block Groups Census Tract 10321, Block Group 2 (46.06% LMI) Census Tract 10322, Block Group 1 (45.01% LMI) Census Tract 10322, Block Group 2 (72.04% LMI) ~,e.~ o-~ 6]s~.1.~Q~ .._.._._z150p~_ 1~is A00.- r._._. ___~. -. - - - -" L __ __. _ ~ ~. -. ~ l_ __. I - -_... Z ,~ 4 -.~ -- If \ ~ - w ~ ~ ~ I CHE RY ~ FAIRVEW ~J L ( I I r~ }i~i __ ~ I _ ~ ~ ~` ~ PINE _ .-- K `,,' -~ O i-L.l ~ ~ _ - _. _1_ __ I w J ~ !~ g --_._ __.. l~_ ._ ~ ~ ~ O o FRANKLIN - i I 1~ ~ v ~ ~ ~ ~ l ' ~ ~ 4 -~ I - I -v. r -.. ~ ~. _; l _ ~ j .... _ _ . _-__~ - ~ 1 -- I ~ - - ~ -1 l - _ ~; .. ____. 1 N ~~ I_. I~ X ~: ~~ ~ , ~ _, _ . ~ c ~ ~ (I ~ i , ~ . Legend Low-Moderate Income Area ®LMI Census Block Groups Census Block Groups City of Meridian, Idaho 21 201 I Action Plan Appendix A.2: Map of Meridian Food Bank, Meridian Boys & Girls Club, and Meridian Elementary School City of Meridian, Idaho 22 2011 Action Plan LMI Area and Project Locations Appendix A.3: Map of the Meridian Urban Renewal Area I ~ IAWNDALE. LYNN I ~ ~ w s~ ~ !CHERRY FAIRVIEW gl M ~, ' ,D 3 m = r NORTH GgTE m~ ~3 i y I ~ GRUBER ~'". W ELM I 3 O ,. ELM ; _. o ~NLuu s § u",- CROGGRILL ~., 2 a~ BApLEY ~j f d Z MAPLE ~__ I lMPLE pl CAMELLIA ~ - i ~ OLtUCKER ~I n _ _MELLI@ ~ CHERRY Q : f ~\~ n I~ F W I F i WASHINGTON ~ Y ',I ~``9 a O ~ R I SFi ELLO OOK ~ ~' Y CARLTON r STATE ~y ~ 5 3 3 APPLEGAT ~ E SLH 3 CP ~~'~~,~~~~~~///!!!000~~~WWW Y Y ASHF RD LTON ~, ~ y _~ i m z s r ' , ~ k CRITERION ~ STATE ~y i °Q _ I ~ Ix - I M~ I INE o F ~~ ~ i F N N F Z n IDAHO _ w IOAHO yi ~ '~ ~ ~ m H' ' 3~ z~ 3 _ ~ Z I ~I ' ~ ~~. ~ : ORDA WqY rv %' ~ ' '. _ _ COMMERCIA w 3; RAlu~Ogp n ''. i L ~ DOWER TAYLOR ApA s TAYLOR I. n KING; KING O N U; r! N ~ ~I W:' s! FRANKLI I CREST WODD W F. p5 z ~ ' n ti F. a PIPER qi ~, ~. 3..., 0 Y y=' ;'I kIMRq 'IDARRETT w S ¢ ti ~I FlILMER ~ I(gLISPELL Q.. W' '. ~~ HANO R GEM I ~ ~ O F F N Z 6 Y z PENNWOO ~u ! ... O q yN 5 RPORAT-~ C~RP~RA E > GG Legend ~ q~ ` 1 O'. F. [OU r ' ly 00 q(T,ygN ~!~ 1jA« I N "I " ~ Urban Renewal Area ~ I ~ _,' Nry WALTMAN 0 p~ ~ o ~' _! l ' _ _. _ o: _ q~G -Parks . z EIOER f ~ Y, Ok ~~MONKEft ~li ~' p L~ ~ SCf1OOIS B '~ ENA N m ! VER ~I ' JACKSNIPE g w ~ 0 355710 1,420 2,130 2,840 Feet City of Meridian, Idaho 23 2011 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. Facade Improvement Program h. LMA Pedestrian Lighting (FALL-BACK ACTIVITY) Ciry of Meridian, Idaho 24 2011 Action Plan Appendix B.1 Joint Table 1C, 2C, and 3A -Summary of Specific/Annual Objectives Grantee Name: City of Meridian, Idaho Availabilit /Accessibilit of Decent Housin H-1 Specific Objective Source of Funds Year Performance Indicators Expected Number Actual Number Percent Com leted Affordabilit of Decent Housin H-2 Specific Objective Source of Funds Year Performance Indicators Expected Number Actual Number Percent Com leted DH 2.2 Expand homeownership opportunities for low- moderate income individuals and families. CDBG/ Other 2007 2008 2009 2010 2011 Affordable units purchased (homeowners assisted). 0 1 1 1 2 0 3 3 N/A 300 300 MULTI-YEAR GOAL 5 6 120 City of Meridian, Idaho 25 201 l Action Plan Sustainability of Decent Housing (DH-3) Specific Objective Source of Funds Year Performance Indicators Expected Number Actual Number Percent Completed DH 3.1 Participate on boards and committees and cooperate with other entities to promote fair and affordable housing. CDBG/ Other 2007 2008 2009 2010 2011 Activities. 1 1 1 1 1 1 2 1 1 100% 200% 100% 100% MULTI -YEAR GOAL 5 3 60 DH 3•Z Collect and disburse information about the dangers of lead based paint. CDBG/ Other 2007 2008 2009 2010 2011 Individuals educated. 20 20 20 20 20 100 7 ? ~ 500 0 MULTI -YEAR GOAL 100 100 100 Availabilit /Accessibilit of Suitable Livin Environment SL-1 Specific Objective Source of Funds Year Performance Indicators Expected Number Actual Number Percent Completed SL 1.1 Invest in public facility projects that help create a suitable living environment in LMI neighborhoods. CDBG 2007 2008 2009 2010 2011 Public facility activities. 1 1 1 1 1 0 2 1 0 200% 100% MULTI- YEAR GOAL 5 3 60% Affordabilit of Suitable Livin Environment SL-2 Sus tainabilit of Suitable Livin Environment SL-3 SL 3.3 Support public service activities that benefit presumed and documented LMI residents on both an area and clientele basis. CDBG 2007 2008 2009 2010 2011 Residents assisted. 5 5 5 5 5 0 13,223 29,000 0 264,460% 580,000% MULTI- YEAR GOAL 25 42 223 168,800% City of Meridian, Idaho 26 20 ] 1 Action Plan Availability/Accessibility of Economic Opportunity (EO-1) Specific Objective Source of Funds Year Performance Indicators Expected Number Actual Number Percent Completed Affordabilit of Economic O ortunit EO-2 Sus[ainabili of Economic O ortuni E03 Specific Objective Source of Funds Year Performance Indicators Expected Number Actual Number Percent Completed EO 3.1 Support the efforts of Meridian Development Corporation to implement the Urban Renewal Area Plan in revitalizing CDBG 2007 2008 2009 2010 2011 Revitalization and/or facade improvement activities. 1 0 I 1 1 0 0 0 0 0 N/A downtown. MULTI- YEAR GOAL 4 0 0 Nei hborhood Revitalization NR-1 Other 0-1 City of Meridian, Idaho 27 2011 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. 215 Onl Acquisition of existing units 0 ^ ^ ^ Production of new units 0 ^ ^ ^ Rehabilitation of existing units 0 ^ ^ ^ ^ Rental Assistance 0 ^ ^ ^ Total Sec. 215 Affordable Rental 0 ^ ^ ^ ^ HOME OWNER GOALS Sec. 215 Onl Acquisition of existing units 0 ^ ^ Production of new units 0 ^ ^ Rehabilitation of existing units 0 ^ ^ Homebuyer Assistance 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 ^ ^ ^ ^ Ciry of Meridian, Idaho 28 2011 Action Plan Rental Assistance 0 ^ ^ ^ Homebuyer Assistance 6 ® ^ ^ Combined Total Sec. 215 Goals* 6 ® ^ ^ ^ OVERALL HOUSING GOALS (Sec. 215 + Other Affordable Housin Annual Rental Housing Goal ^ ^ ^ ^ Annual Owner Housing Goal 3 ® ^ ^ ^ Total Overall Housing Goal 3 ® ^ ^ ^ City of Meridian, Idaho 29 2011 Action Plan Appendix B.3(a) Table 3C Consolidated Plan Listing of Projects Jurisdiction's Name: Priority Need: Project Title City of Meridian, Idaho Program Administration 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 . . . . . . . . . . . : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $46,115.00 .................................................................. $46,115.00 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ............................................................ $46,115.00 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . City of Meridian, Idaho 201 l Action Plan 30 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 09/3 0/2012 Performance Indicator Annual Units Com leted Facili 1 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 Disabilities ^ Public Housing Needs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $75,000 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $75,000 .................................................................. . ............................................................ $75,000 ................................................................... City of Meridian, Idaho 31 2011 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 10/01 /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 .................................................................. . ............................................................ $15,000.00 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The primary purpose of the project is to help: ^ The Hotneless ^ Persons with HIV/AIDS ^ Persons with Disabilities ^ Public Housing Needs City of Meridian, Idaho 32 2011 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 NH5 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 Subrecipient LMH Start Date Completion Date 10/01 /2011 09/30/2012 Performance Indicator Annual Units Households 2 Local ID Units Upon Completion 2 The primary pw~pose of the project is to help: Funding 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 Disabi]ities ^ 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 10/0l /2011 09/3 0/2 012 Performance Indicator Annual Units Residents 1,000 Local ID Units Upon Completion 1,000 The primary purpose of the project is to help: Funding Sources: CDBG ESG HOME HOP WA 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 34 2011 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 HUD Matrix Code CDBG Citation OSD 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 30 Local ID Units Upon Completion 30 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 ^ Persmrs with HIV/AIDS ^ Persons with Disabilities ^ Public Housing Needs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $10,000.00 .................................................................. $10,000.00 .................................................................. . ............................................................ $10,000.00 City of Meridian, Idaho 35 2011 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 Disabilities ^ Public Housing Needs . ............................................................ $40,000.00 . ............................................................ $40,000.00 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ............................................................ $40,000.00 ................................................................... City of Meridian, Idaho 36 2011 Action Plan Appendix B.3(h) Table 3C Consolidated Plan Listing of Projects Jurisdiction's Name: City of Meridian, Idaho Priority Need: Suitable Living Environrent 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`h 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.l HUD Matrix Code CDBG Citation 03K 24 CFR § 570.201(c) Type of Recipient CDBG National Objective Subreci Tent LMA Start Date Completion Date 10/01/2011 09/30/2012 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 37 2011 Action Plan dPQ~~E"rb~,yQ APPENDIX C: CERTIFICATIONS y *~Il~lp* ~ CPMP Non-State Grantee p°~ I~~II~~I a~w~ Certification s 9QgN 6EVF~Q 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. U This certification does not apply. ® This certification is applicable. NON-STATE GOVERNMENT CERTIFICATIONS In accordance with the applicable statutes and the regulations governing the consolidated plan regulations, the jurisdiction certifies that: Affirmatively Further Fair Housing -- The jurisdiction will affirmatively further fair housing, which means it will conduct an analysis of impediments to fair housing choice within the jurisdiction, take appropriate actions to overcome the effects of any impediments identified through that analysis, and maintain records reflecting that analysis and actions in this regard. Anti-displacement and Relocation Plan -- It will comply with the acquisition and relocation requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, and implementing regulations at 49 CFR 24; and it has in effect and is following a residential antidisplacementsnd 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 performance of the grant be given a copy of the statement required by paragraph 1; 4. Notifying the employee in the statement required by paragraph 1 that, as a condition of employment under the grant, the employee will - a. Abide by the terms of the statement; and b. Notify the employer In writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; 5. Notifying the agency in writing, within ten calendar days after receiving notice under subparagraph 4(b) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to every grant officer or other designee on whose grant activity the convicted employee was working, unless the Federal agency has designated a central point for the receipt of such notices. Notice shall include the identification number(s) of each affected grant; 6. Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph 4(b), with respect to any employee who is so convicted - a. Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or b. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; 7. Making a good faith effort to continue to maintain adrug-free workplace through implementation of paragraphs 1, 2, 3, 4, 5 and 6. Anti-Lobbying -- To the best of the jurisdiction's knowledge and belief: City of Meridian, Idaho 38 201 I 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 connectlon 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, subg rants, 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. a _~ .~-- :~;~ / ~ - a c~ - I ) Signature% thorized Official Date r>1 i. Name Title 33 E. Broadwa Address Meridian Idaho 83642 City/State/Zip 208-888-4433 Telephone Number City of Meridian, Idaho 39 2011 Action Plan ^ This certification does not apply. ® This certification is applicable. 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, 2008, 2009, (a period specified by the grantee consisting of one, two, or three specific consecutive program years), shall principally benefit persons of low and moderate income in a manner that ensures that at least 70 percent of the amount is expended for activities that benefit such persons during the designated period; 13. Special Assessments - It will not attempt to recover any capital costs of public improvements assisted with CDBG funds including Section 108 loan guaranteed funds by assessing any amount against properties owned and occupied by persons of low and moderate income, including any fee charged or assessment made as a condition of obtaining access to such public improvements. However, if CDBG funds are used to pay the proportion of a fee or assessment that relates to the capital costs of public improvements (assisted in part with CDBG funds) financed from other revenue sources, an assessment or charge may be made against the property with respect to the public improvements financed by a source other than CDBG funds. The jurisdiction will not attempt to recover any capital costs of public improvements assisted with CDBG funds, including Section 106, 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, subparts A, B, J, K and R, of title Z4; City of Meridian, Idaho 40 2011 Action Plan Compliance with Laws -- It will comply with applicable laws. ' ~t'°u's2 ~ ~ - -(- 2(e ° I Signature/ u orized Official Date n, de Weev' Name Title 33 E. Broadwa Address ~ Meridian, Idaho 83642 ~ City/State/Zip 208-888-4433 Telephone Number City of Meridian, Idaho 41 2011 Action Plan ® This certification does not apply. ^ This certification is applicable. OPTIONAL CERTIFICATION CDBG Submit the following certification only when one or more of the activities in the action plan are designed to meet other community development needs having a particular urgency as specified in 24 CFR 570.208(c): The grantee hereby certifies that the Annual Plan includes one or more specifically identified CDBG-assisted activities, which are designed to meet other community development needs having a particular urgency because existing conditions pose a serious and immediate threat to the health or welfare of the community and other financial resources are not available to meet such needs. Signature/Authorized Official Date Name Title Address City/State/Zip Telephone Number City of Meridian, Idaho 42 201 l Action Plan ® This certification does not apply. ^ This certification is applicable. 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 y 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 43 2011 Action Plan ® This certification does not apply. ^ This certification is applicable. HOPWA Certifications The HOPWA grantee certifies that: Activities -- Activities funded under the program will meet urgent needs that are not being met by available public and private sources. Building --Any building or structure assisted under that program shall be operated for the purpose specified in the plan: 1. For at least 10 years in the case of assistance involving new construction, substantial rehabilitation, or acquisition of a facility, 2. For at least 3 years in the case of assistance involving non-substantial rehabilitation or repair of a building or structure. Signature/Authorized Official Date Name Title Address City/State/Zip Telephone Number City of Meridian, Idaho 44 2011 Action Plan ^ This certification does not apply. ® This certification is applicable. ESG Certifications I, Mayor Tammy de Weerd, Chief Executive Officer of the City of Meridian, Idaho, 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 45 2011 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/Aa horized Official Date m e Name Title 33 E. Broadwa Address Meridian Idaho 83642 City/State/Zip 208-888-4433 Telephone Number City of Meridian, Idaho 46 2011 Action Plan ^ This certification does not apply. ® This certification is applicable. j 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 performance 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 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). City of Meridian, Idaho 47 2011 Action Plan 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 ~,~ uc E~ 7-2ro-tl Signature/A t orized Official Date V Name 0. Title 33 E. Broadwa Address ~ Meridian, Idaho 83642 I City/State/Zip 208-888-4433 Telephone Number City of Meridian, Idaho 48 2011 Ac[ion 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 'Other (Specify) ^ Changed/Corrected Application ^ Revision 3. Dale Received: 4. Applicant Identifier: 5a. Federal Entity Identifier: *5b. Federal Award Identifier: State Use Only: 6. Date Received by State: 7. State Application Identifier: 8. APPLICANT INFORMATION: *a. Legal Name: CITY OF MERIDIAN, IDAHO *b. EmployerlTaxpayer 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: Lori Middle Name: *Last Name: Den Hartog City of Meridian, Idaho 49 2011 Action Plan Suffix: Title: CDBG Administrator Organizational Affiliation: *Telephone Number: 208-884-5533 Fax Number: 208-888-6854 *Em a i I: Idenhartog@merid iancity. 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: *72 Funding Opportunity Number: 14.218 *Title: COMMUNITY DEVELOPMENT BLOCK GRANT/ENTITLEMENT GRANTS 13. Competition Identification Number: Title: City of Meridian, Idaho 50 20l I Action Plan 74. 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 230,715.00 *b. Applicant *c. State *d. Local *e. Other *f. Program Income *g. TOTAL 230,715.00 *19. Is Application Subject to Review By State Under Executive Order 72372 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 of Meridian, Idaho 51 2011 Ac[ion 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: Tammy Middle Name: 'Last Name: De Weerd Suffix: 'Title: Mayor 'Telephone Number: 208-888-4433 Fax Number: 208-884-8723 * Email: deweerdt@meridiancity.org ~ 'Signature of Authorized Representative: -,~Gl~~r ~(~l 'C/iJ "Date Signed: 1. 2to - t Ia Authorized for Local Reproduction Standard Form 424 (Revised 10/2005) Prescribed by OMB Circular A-102 City of Meridian, Idaho 52 2011 Action Plan OMB Number: 4040-0004 Expiration Date: 01/31/2009 Application for Federal Assistance SF-424 Version o2 City of Meridian, Idaho 53 2011 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 54 2011 Action Plan INSTRUCTIONS FOR THE SFd?9 Public repening burden fcr this ro'.'ec?inn ~f infxmaiion is eslimatEd ko averagE @G m'nules per r_spa,nse, including Fmefe:r review;ng instructions, searching existng data smaroes, gather ing ;~rd maintaining gee data needed, and warp"egng and revievdng the cnllecgcn of iniormaton. Send casements regarding khe frurden eskinrate or.any other aspect of This arlection of infarmaiion, including suggesgans icr reducing ibis hairden, W the Cfiice of Management and Budges. ' Papemxark Reduc?fon Prejecl fG34$-@@931, 4Yashing ion, bG 265@3. PLEASE DO NOT RETURN YOUR COMPLETEb FORM TD THE GFFICE OF MANAGEMENT AND BUCGE7. SEND IT TO THE ADCRES5 PROYI6E6 BY THE SPbNSDRING AGENCY. 'This is a standard form (includiug the coutimaation sheer] required for uee as a cover sheet for snburisstou ofpreapplicatkous and applicadous and related. iufamiatiC~v vuder discreriouary programs. Some of the items are regvirad and some cre optional ai tLe discredan of Yee applicant or the Federal a~EllCV {a.~?n4}'~: Regxdred i[en15 art ideldfeed iYiflk all aSrerL;}i Ole db? Form and aE£ ;pECiBed !Il rte la;tn:[1iaIl; betOw. In addtldOIl i0 tL^e ln5tn4:[IDnS procddcd Uelou•, appLirsnks ]nlr;t COnSn1i a~elCy in51n3[fIOrL= t0 dENllnlne ipE{L5t regllkreklenri- Item En Item Enfr: f. Type of Submission: (Requ:redJ: Select one hype of =_utnrisvcn in 1@. Pfame DF Federal Agency: I.Requiredj Enter the name ofthe accordance with agency instructions. Federal agency from wh'ch assistance Is being requested with Preapplicaiicn this application. App!icaticn ChangedlCarrecied Applicator-Iinequesfed by the agency, cheek 11. Catalog Df Federal Domestic Assistaner Number..?file: if ibis suhmision is is change ar correct a previously submitted Enterihe Cafaleg of €ederai Came;tc Assistance number and app:'eation. Unlese. requested by the agency. applicants may not tige of the program under which assztano? is regvesterl, as use ibis to submit changes after the closing date. Found in the program announcement, if a,pa"cab"=. 2. Type of Appaieation: (Req,uirerll Selectane type of applicagcn in 12. Funding Cppartunity NumherfTige: iRequedl Enter F e accordance with agency rnstruciions, Funding Dppcrrunity Number and file oFffie cppaduniiy under New-An application that is being submitted to an agency for the which as=_ist-once is requested, as found in the program firs{ time. ann:xmcement. Contnuatcn -P.n extens~on for an addiFonal fundingfbudget period 13. Confpefition Identification Numhertfifle:. trier th= for ; protect with a projected mnrp°eiien date. °his can include Oom~~g[ion IdenitFicaiion Number and line of the a~mpeiilton renewals. under whidr ass~stanr~ is requested, if app'"cab"e. Revision -Any change in the federa': Gcvernment's f nancai ch"gagan or coniingeni f {ability from an existing obligation. If a revis~on, enter the appropriate "et<erjsJ. More than cne may be selected. If "Tither' is selected, please specry in text box prorded. 14. Areas Affected By Project: List the areas ar entities using A_ Increase Atvard B. Cecrease Arrard the categories (e.g., ;kites, ecuniies, states, etc. J specfied in C_ Increa~ Curator 0. Decrease Curator agency instmuG:ions. Use the crxiiinualion sheet {o enter E. Orher I=- eel ) add:iional areas, iF needed. 3'. Cale Received: Leave 6risfe'd blank. This date will be assigned by Fhe 15, Descriptive Title of Applicant's Project: ftegviedj Enter a Federal agency. hdef descriptive File of the preect. iF appropriate, atach a map showing project looagan (e.g., construction rx real 9. Applicant Identifier: Enter the engiy identifier assgn ed by the Federal properly projec?s). Por preapp-cations, aliach a svmrmar/ ~ageney. if any, cr appPcant's oanfrol number, if app`ra6"e. descr,pgon of the project. 5a Federal Entity Identifier. Enter the number assigned to your 1@. Congressional CLstr9cfs OF: (Required} i@a-Enierlhe organizalien by the Federal Agency, if any. app cant's Congressional bisiricL and 1db. infer all bstriu(sJ 56. federal Award ldenfi6er.€or nave applicatans leave blank. €ora affected by the program arpro,"sck. Enterer thefbrmaL2 ceniinuation or rwision io an existng award, enter the prerious`y characters state Ahhreviagan-3 characters CisGict Number, assigned Federal award identger number. if a changedreorreoted eg., CA-60.r+ for California 50' dis4kt, CAsJf2 far Ca'-fornia I2° applicagcn. carter Ere Federal Idengfier in accordance wNs agency distdcL fkC-163 ter North Carolina's f63'~ dFStriei. instructcns. If a:l congress-anal distr~ets in a slate are aiferfed, enter @. Cate Received b1l Slate: Leave this Feld blank. This dale vd'f be "all' krthe district number, e.g., h1C-all far all asst netl b' Ere 59ate, iF a licable- ~gressional districts in Maryrand. -r. State Appifcation Identifier: Leave this field bunk. Tlrs ~dentTiervd i If naganwide. i.e. aIi districts within all stoics are affected, be assigned by the State, rf applicable. enter US-all. lithe ro ramf rajeci i out id th U S t 66666 5. Applicanklnformation-Enterihe rollorvingn accc:~tance wTh agency p g p ~s s e e , en er . instmciicns: a. Legal Name: (Required}: Enter the;?pal name of ap~'cant that will 1 e'. Proposed Project Start and End Cates: (Required] Enter the undertake Ere assstanw activity. This is the name that Ere crganizaiion pmpased start dale and end date: of the pr:3 eck. has registered with the Central Coniraclor Re~isiry. InformaUan nn e isierin w3h CCR ma be obtained b v~siti ilre Grants- ov websde- b. EmployerlTaxpayer Number (EINffINj: {Required]: Enter Ere Emp"oyerorTaxpa}rer Identigoatan Number {EIN ar TIN] as assigned by IB. Estimated Funding: (RequircdJ Enierlhe ammount requested the In{coral Revenue Sen~ice. If your ceganizaiian is not in the US, enter cr to be ecnidhuted during the FAst fundinglbudgei period by 4-0-9499994. each ecntributor. Value of in-{rind crnidhuiions sharrld be c. Organizational GUNS: (Required} Enterihe organizafon's CUNS w included on appropdate i'"nes, as applicable. q Ehe acfde will Ck-N5+9 number received from Dun and &adsireet. Infarmaiicn on result in a dollar change to an existing award, i ndicaie only the obta"n'ng a GUNS nunrher may beohtairied fay vlskFn6ihe Grants.gov amount eF the change. For decreases, encase the amounts in wehsite. parentheses. d-Address: Enterihe eompleie address as Follows: Street address ~Une i i d Ckl R ' requ e j, y [ equ redJ, County, State {,Required, ii ccuniry is USI• Provnce, Country (Required]. 2iplPosial Code (Required, if aranlry is 19 {s Rrypllcation SubjeeF to Review by Slate Under Eirecuffive " USf- Order 1237? Process? cants should conkaoi the Stale +?pp Si P i t f C i l SPCC f d F l t e. Organizational Unit: Enterihe name cf tlhe primary organizational nge a n o an ac ( ) or e era xecutve Order 12332 to deiennine wfieiher tl~e application is sub 'ec? to tlhe unit and de artm?nt ordiuisieq iE licab'e that will undertake gte , a=_sisiance aunri4 , if ap lica6le. Stat? intergovernmental review prcaess. S?''ets the f. Name and contact information of person to he contacted on appropriate 6a>c. la'a.' [s se"sated, enter Nre dak=. the matters involving Ehis applieationc Enierlti? name (First and last name app;.°aatiomnas subimitted to the State requiredy, cganizsiianat a~"i~liaiian I,if afBliaied vrith .an argranizaiian other than gre app°cantcaganizaGcn), telephone numhea 4Requiredp. fax 2+J. Is khe Applicant delinquent an any Federal Qebt2 nunrF.<r, and enri I address (fiequirea) cf the person to contact on (,Required) Select the appropriate k>ox. This queskan applies P~ matters relaFed to this ~sppliralian. She ~soplicant organizaEw~, not the perscm tvho signs as the authorized representaiiw. Caiegcees of debt include dePn ~ uent audit di=_a"awances, loans and taxes. :f'~s, include an?x lanaticn an the a.nGnvaticn sheet. B. Type a€App"_cani: (Requiredy Z1. Authorized Representative: {Requ%red) Ta he signed and Select vp to three applicanS typHsp i n accordance with agency dated by Fhe authorized repress nLaiive of the applicant `nskrucgans. organ ~zation. Enter the name {First and last manre requ ied) ? Stat? GovernmenS M. NanpraFi with ~+] 1C3IRS Yale (Required}, ieleph~anr number f,Rrquired), fax mrmber, 9. ';ounty Government Status {07her than InsGSUtan and email address [Recuiredl of the person authorized to sign G. Cityor Totm_hip Garemment of Higher Educaiian) for the applicant D. Special O~strict Govemment N. Nonprafi vdthout dQiC31RS A:F~py of Fn?gavemin~6ady's auihadzaf~xr Forycu to sign E. 32egional Organization Status (Cthea (hero Inslituk-rm this applicaFon .xs the official r?presEr~iaiiv?must t4~. cn f'e in F_ V.S. Tercitary err Possession of Higher Educaiian) the applicant's affae_ {Certain Federa9 agencies may require G. Independent School Oisidcl O. Pdva1?Institution pF H-gher that this augiorizaficn 6e suhmihed as part of the app'"catian.l H_ Pvb°_n'State Canfralled Educafen 'nstilutian of Higher Education P. Indiuidval L indiamR~tativeAmedcan Tdba+ t7. Far-Pratt Organizat?an 6avemment {Federa"y i;Otherihan Small 9usin~s) Feoagnized7 R. Small 9usincss J_ !'ndianlPtative Fanedcan TiihaM S. H~span`c-serving'~'nsiikutic~ ~avemmenSlOilrerihan T. HsSariaally black Cn'eges Federally Recognized) and Un'versites (HBCUs} 8. rndianlMaiive American V. Tx. batty ConUa'ied Colleges Tribally 6es'gnaked and UnversR'es t;T000s1 Org-anizsiian V. Alaska Native and Native L Pvb`c'Ind~an Housing HarraiSan Serving InsfAutions A!.ilhadSy 'a. Non-domestic loan-USp Entity X. Ofher;specify) City of Meridian, ]daho 56 2011 Action Plan APPENDIX E: PROOF OF PUBLICATION -COMMENT PERIOD LEGAL NGTfGE NGTtCE OF PI1B C HEARINq AND RIJ8IJC COMMENT PERIOD Regard'rig IAeridia~s Cam = musty Dsueb~mant 9bak 6mrR{GDBG) PProgram City of Meridian, Idaho 57 201 I Action Plan Pu 6. tune 5,13 Y011 D5U766A62541 Meridian City Council Meeting DATE: July 26, 2011 ITEM NUMBER: $q PROJECT NUMBER: ITEM TITLE: Clerk's Office: New Beer and Wine License for Matsuzawa Corporation dba Shige Teriyaki Located at 450 S. Meridian Rd. Suite 1 15 MEETING NOTES l'V rv v ~/ ~C~ W`-l Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE F/NAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS \~ l f'°:1 y.,!.,~ o.. N ~~ N ~~ ~ rT I ~ FiL ~ ~ (\~ ~O O v ~~ ~~ Meridian City Council Meeting DATE: July 26, 2011 ITEM NUMBER: gg PROJECT NUMBER: ITEM TITLE: Legal Department: Old City Hall Lease Discussion 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: July 26, 2011 ITEM NUMBER: $C PROJECT NUMBER: ITEM TITLE: Planning Department: ACHD Cost Share Policy Changes MEETING NOTES V Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ORDINANCE N0.215 ADA COUNTY HIGHWAYOISTRICT BY THE ADA :COUNTY HIGHWAY DISTRICT BOARD OF COMMISSIONERS: REBECCA W._ARNOLD, JOHN S: FRANDEN, CAROL A.:MCKEE; .SARA M. BAKER, DAVID L. CASE: AN ORDINANCE REPEALING .ADA COUNTY HIGHWAY DISTRICT RESOLUTION NO. 897, .ADOPTED MAY 27, 2009, AND AMENDING ADA COUNTY HIGHWAY DISTRICT ORDINANCE NO. 201 AND TITLE III OF THE ACHD CODE, ADOPTED APRR. 12, 2006, WITH THE ADOPTION OFNEW TITLE III, SECTION 3109 '. OF THE ADA COUNTY HIGHWAY DISTRICT CODE ENTITLED "ADA COUNTY f HIGHWAY DISTRICT COST SHARE ORDINANCE; ;ESTABLISHING NEW RULES AND REGULATIONS RELATWG TO FUNDING OF.BOTH TRANSPORTATION AND NON- TRANSPORTATION. ELEMENTS FOR ADA 'COUNTY HIGHWAY DISTRICT ROAD PROJECTS. _ WHEREAS, Idaho Code Section 40-1406. provides that the Commissioners oflhe Ada County Highway Disuict (the "District" or "ACHD") may pass grdinances for carrying into. effect or discharging all powers anddulies conferred upon the District; and - WH$RCAS, Idaho Code Section 40-1405 fivther provides that the District may print or publish ordinances in book or pamphlet form pursuant to the airthorily of tNe Commissioners; .and WHEREAS, pursuant to Idalio Coda Sections 40-1406, 40-1310 and 40-1415, [he District is vested with the exclusive autGority antl responsibility for the design, construction, - reconstniclion and roainteriance of rights-of way within ilsjurisdiclion; and WHEREAS, ACHD is a special purpose government whose3 authority is to maF;e expenditures and participate in interagency cost sharing for roadway projects is Irmiletl to the specific authority granted ender Idaho law; and WHEREAS, pursuant to Idaho Code Sections 40-1310 and 40-]415, any .roadway project improvements Thal result in costs oatside of ACHD's specific stalutoryau[horityan costs lhatmust be paid for by a:~arinering agency requesting the improvemenls,anrl WHEREAS, the Commissioners of the Ada County Highway District tlesire [o repeal ', ACHD Resohition No. 897, adopted May 27, 2009, and amend the Ada County Highway District Code, Ordinance No. 201, adopted April 12, 2006, with the adoption of a new TiNe III, Seolion 3109.of the AdaCounly Highway District Code; toestablisit new roles and regulations relating to funding of both transportation and non-transportation elements for District road projects; and j WHEREAS, new Title III, Section 3109 oFllte Ada Coanly Highway District Cotle will ~ clearly define the yule of ACHD, ci[ies;Ylie cmmty, arhan renewal agencies and otherpotential partnering ageicies in funding both transportation and non-lransportatiod elements on the Oidlnance No. 215 1 Adopletl. us 3deae-22, 2011, EflegrveSeolarnber 2July-23, 2011 District's road projects and maintain flexibility for ACRD to consider unique aesthetic features of road projects and recognize the desires of partnering agencies for non transportafion features within their boundaries; and WHEREAS, new Title Tu; Section 3109 of the Adn CountyHighway District Code will establish clear and egailablerules and regulations for ACHD [o cnopemle with other pattnering agencies within Ada County to include. non-transpoiTalion components such as landscaping, specialized pavement and sidewalk trealiiren[s, decorative IigMing and other acstheuc features beyond the tmdspprla[ion elements that are necessary for safety and mobility; and gnvide a framework whereby a partnering agency may enter into a cost share partnership with ACHD to fund the incremental costs of these improvements including: design; land acquisition, construction, and perpetual maintenance of ariy requested aesthetic feature and/or non- transportation component on District road projects. NOW, THEREFORE, BE IT ORDAINED BY THE I3dARD OF COMMISSIONERS OF THE ADA COUNTY $IGHWAY DISTRICT, ADA .COUNTY, H)AHO, ACHD Resolution No. 897 is repealed and all o[herResohrtions or parts of Resolutions in conflict with this Ordinance, to the extent of such conflict, are lereby repealed. BE IT FURTHER ORDAINED, Thal the Ada County.. Highway District Code, Ordinance No. 301, adopted April 12, 2006, is amended with [headoption of a new Title W, Section 3109 of the Ada County Highway District Code, entitled"Ada Coualy$ighway Disu~ict Cost Share Ordinance;' es[atilishing new rules and regulations relating to funding of both transportation and non-transportation elements for District road projects as follows: 3109 COST SHAREORDINANCE 3109:1 Short Title, Authority and Applicability This Ordinance shall be known antl may be cited as the "Ada County Highway .District Cost Share Ordinance." The Board of Commissioners of the Ada County Highway Dlslrict has the authority to adopt ordinances pursuant to the powers granted it under § 40- 1406; Idaho Cotle. This Ordinance shall apply in all areas under the control and jurisdiction of the .Ada County Highway District, including aIlHighways and Public Rights-of-Way within Ada Couhty. 3109.2 Flndingsand Purpose Ortlinance tJo. 215 Atloptetl August 3dane22; 2011, Effective September 2duy~32, 2011 fiction d itis 2 in the best interest of .the citizens of Ada County, Idaho to define the role of ACHD and its partnering agencies in constructing and fundingboth Transportation Components and Non-Transportation Components of AGHD's Road Projects. ACHD has limited funding far transportation Improvements. It is the intent of the Commission, by enactment of this Ordinance, to: a. acknowledge that Title 40;Chapter 14 specifically reserves jurisdictlon to the cities fo authorize. the expenditure of funds for the placement, care and removal of Non- Transportation Components fn the public RAght-of-wway; b. ecknowledga;that cities have the statutory authority and expertise to design, tlevelop and fund Non-Transportation Components in the Public Right-o6Way in order to define the aesthetic character gftheir respective communities, c. declare that all AOHD revenues should be spent exclusively for the construction and maintenance of the Transportation Components of Road Projects, which inclutles pedestrian and drainage facilities, in accordance with aookceble law; d. adopt a policy that establishes that ACHD will not land any Non-Transportation Components, in accordance ,with applicable law; e. provide rules for when ACHD and. partnering agencies tlesire to Include Non-Transportatlon Components into AOHD's Road Projects; L ensure that any Road Project improvements that result in costs outside of ACHD'a statutory jurisdiction over Transportation Components are funded by the partnering agency .that requests. such Non-Tmnsportation Components; 9. acknowledges that ACHD will purchase and/or otherwise _ _ - Formatted: Font: 11 pt acquire rlghkof-wav riecesserv formotorist end pedestrian ~afetv..subiegttgthepublicnecessitvreauiremeritsfor _ -~-.FormattediFonC'llpt eminenfdomain for Hichwav Districts under Ideholaw:` rvrmattem Toni: a pt R- h. establish Non-Transportation Gomponents to be -Included in cost-sharing applications submitted to ACHD by a i partnering agengyfor approval; i " ' Foralattetl: Llst Paragaph, Left g,i. adopt a pblicy that authorizes a broportionate credit based oB'the ogsC.of ?ransggrtatlon Components tfiat. would oifierwise be installed bJ ACHD in 11eu of the Nom OPoirience No. 215 3 i Adopted tlig~duae-22, 2011, Efleclive Seoremhei2duly-28, 2011 Transportation Components proposed by a Pettnennp kri, establistr an application and permit process whereby partnering agencies may apply toACHD for approval of a cosYShanngrequest 3109:3 Definitions Following are tlefinltionspf certain terms used In thls.Ordinance. As used in this Ordinance, the following terms shall have the following meanings: "ACHD" means the Ada County Highway District. "Commission" means the Board of Commissioners of ACHD. "Cost Share Application" means an application submitted. by a Partnering Agency to ACHD in accordance witH this Ordinance. "Cost Shale Permit" means a permit issuetl by ACHD to a Partnering Agency in accordance with this Ordinance. "Ha~dscape" means to surface areas within sidewalk buffers end paved medians with hard material, such as asphalt, cohcrete, or similar materials, as opposed to soil end vegetation. 9rdinance No, 215 Adopted. Au us 3dune22, 2017, EflBCtlve September 2duy~-23, 2071 4 medians, bulkheads; retaining walls, bridges, culverts, sluices, drains; stormwater facilities, waterways,. embankments, tunnels; grade separation structures, bicycle facilities, andahy other structures,- works or Mixtures incidental to the preservatiohbf the highways for motorist andpublic safety. i "Non-Transportation Components" means those components of a .Road Project Set lorth in Section 3109.6.3 oi. this Ordinahce, and includes components that are requested by a Patnering Agency antlare the Partnenng Agency's responsibility. "Partnering Agency° means any of;he agencies defined in Section 3109.62.of ihls Ordinance. "Petleslrlan" means foot lraHis. bicycle antl other nbn-motorized use by the :QUblie of a.Hidhwavora Public Riaht-of•Wav. "Person" means an indlvldual, corporation, partnership, association, government agency, or other entity. "Public Right-of-Way" means a Hiahweu-roatlwavor otherriaht-of-way open to the oublioR6ublisrlQ4lt-eHwaYunder thejurisdiction of ACRD... "Road Project" means a Public Right-of-Way antl/or Highway improvement project. by ACHD that may, in accordance with the. provisions of this Ordlnance, incorporate both TransportatiortComponents under the.jurlsdicllon and control of ACHD and Non-Transportatioh Componehls requested by a Partnering Agency. 'Transportation Components" means those components of a Road Prbject set forth in.Section 3109.62of this Ordinance, and Includes components that are under the jurisdictioh of ACHD and are ACHO'a statutory responsibility. 3109.4 Rules of Construction The provisions of this Ordinance shall be interpreted 1d be consistent with slate antl .federal Jaw, including but not limited to the Unlted States - OMlnehce IJo. 215 5 Atlopretl A~3ddae-26; 20N, EHecti~e $eolember 2duly-23, 2077 Constitution, the State of Idaho Consiiluliort, federal statutes, and state statutes, Including without Iimltation, Idaho Code Title 40. 3109:5 Applicability -. .3109.5:1 General Application This Ordlhancegovems and is limited to those Instances in which a Partnering Agency desires to incorporate Non-Transportation Components into an:ACHD Road Project. 3109:6.2 ApplicapilityroParlneringAgencies This Ordinance applies to all governmental entities that have the authority under federal and/or state law to construct, reconstruct, and/or maintain Non-Transportation Components that are located or may become located within ah ACHD .Road Project in accordance with the terms of this Ordinance. Such governmental entities may include the following: a. Cilles b. Counties c. Urban Renewal Agencies d. IdahoTransportalionDepadment e. School Districts (. Utilillee g. Irrigation and Drainage Distridts h. Regional Public Transportation Authority _(Valley Regional Transit "URT") (provided, however, that issues related to the constructwn, placement, or relocation of transit structures in Public Rights-ot-Way are addressed under that certain Cooperative Ag?eement for Transit Structures between ACHD and VRT, dated .July 1, 2007, or as emended in the future, antl are not governed by this Ordinance) i. .Metropolitan Planning O[ganlzatlon (MPO) or Transportation Management Agency (TMA) Nothing in this Ordinance shall be construed to prevent a Partnering Agency from requiring a third party topay toy the costs or insta6improvements:allocated. tothePartneringAgency-bye Cost Share Application and Cdst- Share PermiF .issued in accordancewiththisOrdinance. ONinance No. 216 6 j Atlopletl Aua su j~doge-22, 2017, EryeclivB September 2dUy23, 20N 3109.5:3 Non-Application to Agreements with Private Parties This Ordinance does not govern instances in which as ACHD and a Partnering Agency tlesire to enter into a development agreement with a private party pursuant to ACHD's Impact. Fee Crdinance and the Idaho Development Impact Fee Ac[. 3109.6 ACHD's Juristliction and Authority Over Roatl Projects 3109.6.1 ACHD General Jurisdiction ACHD is a single county-wide. highway district, a public entity, organized and existing pursuant to Idaho Code Title 40, Chapter 14, as amended and supplementetl, with the exclusive jurisdiction antl authority to maintain, improve, and operate Highways and Public Rights of-Way in Ada County, Idaho. Idaho Code, Title 40, Chapters 13 and 14, define ACHD's jurisdiction and powers, and includes; by way of example and without limltatldn, the following: a. the lull power to construct, maintain, repair, acquire, purchase and improve all Highways within ACHD's - Highway system; b. alltransportation powers and tlutlesthat would bylaw be vested in. the commissioners of Ada County, If not already - vestetl io ACHD; c. the power to establish end postspeed and other regulatory signs; tl. the right to acquire all lantls and other property necessary for. the constructloh; use, maintenance, repair -and - improvement of Highways; e. the right tochange the width or localicn or straighten the lines of any Higfivaey; f. the exclusive. .general supervisory authority over ell Highways, publjd streets and Public .Rights-of-Way under its jurisdiction, :with full power to establish design standards, establish use standards, passresolutions and establish regulations In accortlande with the provisions of Title 49, Idaho Cotle, and to control access to said public Highways, public streets and Public Rights-of-Way.; g. the design, construction, reconstruction and maintenance of oily rights-of-way and accompanying curbs; gutters, culverts, sidewalks, paved medians, bulkheads and retaining walls, which shall include: (a) traffic and safety engineering for both motorist and ~edesirian traffic; (b) procurement and installation of highway lighting where it Is pr(marlly of benefit to the motorist (provided that Ordinance No. 216 7 Adopted A~3ddge-2;a, 2011, Efleclive Seolem6er 2du1y23, .2011 energy .costs end malhtenance of lighting .shall subsequently be a function of the applicable city or the - county); (c) procurement,. installation, operation and maintenance of traffic control devices :where they ere neetled for traffic control; and (d) drainage where it is necessary far motorist safety or necessary for right-of-way maintenance; h. the acquisition and acceptance of Publid Rights-of-Way; and i. the responsibility for planning :and locating Public Rights- oFWey. 3109.6.2 Transportation Components ACHD may fund components of any. Road Project in accordance withYheppwers and authority granted to ACHD in accordance with the authority above. By way bf example and wilhoutiimitation, 'Transportation Components" of a Road Project funded by ACHD may include the following, so long asthey area Highway Nedessityi a. Roads - Tthrough lanes and turn lanes for the purpose of vehicular movements; b. Bike Facilities -Ftacilities for bicycleuse within the Public RlghFOf-Way and%or Highways; c. Curbs and Gutters - linfrastructure for storm water conveyance on urban cross-sections; d. Sidewalks - ~@tlesirian facilities within the Public Right- of-Way for the safe movement of pedestrians; including safety buffers that are deemed to be a Highway Necessity; e. Paved Medians - Fiacilities installed for purposes ~( ;cad a [nib:`"` ~' toy ; a motorist safety, access management and irafhe ~ 4 tc q ~~~" ~ ooeratlonAew; f. Retaining Walls - Fkncilities for buttressing of slopes as a resuil of roadway design; g. Highway Lighting -.:procurement and Installation of Illumiriation for the primary benefiCto the motorist; h. Traffic Contrql Devices - Ttraffic and P~edesfrian signals, flashing beacons; signage, striping, and intelligent transportation system facilities; ~_Drainage - Sstorm-water structures, tlrainage, and irrigation (acllides; OrdinenceNo. 215 8 Atlopted ti us 3ddge-22;2011,E1fective September 2JWy-23, 2011 ~i Ripht-of-way and pavement necessflrv for pullouts slobs and lanesassociatedwithbubliotransportation that area - Hibhwav Necessity: find, ,~k_Any other improvements, facilities; structures, works, or fixtures that ere a HighwayNacessity. 3109.6:3 Non-Transportation Components There are certain Improvements or tealu~es that a Partnering Agenoy may request to be incorporated into an ACHD Road Project that do not fall within the definition of Transportation Components andlor are not a Highway Necessity. These "Nom Transpottfltlon Components" are improvements which ACHD will not fund, but the Pettnerina Acencv may receive a probortionate credit as authored herein.. By. way of example and without limitation; "Non-Trahsportation Components" bf a Road Project fundetl by a Partnering Agency may include the following depending on the particular power and authority of the Pflttneting Agency: a, Lantlscaping; b. Speclallzed pavemenborsidewalk treatments; c. Decoretlve lighting or other illumination features that ere not for the primary benefit of the motorist; d. Medians that are not a HighwayNecesslty; e. Metliehs necessary for traffic management, but made of materials other than Hardscape; f. Pedestrian Tacilitles that are not Included in ACHD's Livable Design Guide or plhercross-section policies; g. Bike lanes that are not included In ACHD's Livable Design Guide or other cross-section policies; and h. Utilities; parking, bus pullouts, bus stops, Transit structures. and peclelized signing.. 3109.7 Procedure for Providing Notice of interest for Inclusion of Non•Transportatwn ComponentsIntoanACHDRoadProject ACHD shall tletermine whether to Inclutle Non-Transportation Components into ACHD Road Projects after submission of a Cost Share Application by a Parnering Agency pursuant to Section 3109.8.1 below. However, ACHD recognizes that in some circumstances, It may be beneficial for ACRD and a Partnering Agency to exchange Information fn advance of the application process. -For that reason, prior Io submitting a Cost Stiare Application, a Partnering Agency may elect to nobly ACRD that it is Interested In the Oftlinance No. 216. 9 Atlopted u ust 3daae-2~, 201E EHeclive SEOlem6er 2July-@3, 2011 inclusiondf Non-Transportation Components into a future ACHD Road Protect through any of the following procedures set .forth in this Section below. Notifying ACHD of this interest shall not obligate ACHD in any way to incorporalelhe Non-Transportation Componeatsbr tc makeany determination at the time of such notice as to whetherto incorporate the Non-Transportation Compohehts. Such determination shallbe made only upon the submission of a complete Cost Share Application: 3109,7.1 Notice of Jnterest by Partnering Agency Prior to submitlinga Cost Share Application, a Partnering Agency may contact ACHD at any time to provide notice of its interest to include Non-Transportation Components in connection with any planned 'ACHD Road Project. Partnering. Agencies are -- encouraged to provide this notice tluring ACHD's annual request for input on its Five-Year Work Plan (FYW P). Such interest should provttle es much detail es possible antl should; a. be provided ina written letter to ACHD, :addressed to Deputy Director, Planning and Profect Management Division;; b. identify the name or location of the applicable Road c. identify the Non-Transportation Components tieing proposed by the Partnering Agency;; antl d, provide any information available about the anticipated cost end proposed funding for the Non-Transportation Components (includina,if aoollcable: env credits based on .the cost of'Transodrtatioh Components Ihat'would otherwise :be- installed bv' ACHD'-in lieu :of ilia .Non- Treasoortation Compohents` oroodsed bG a Partnerind 3fOg.72 Invitation from ACHD - - From time to lime, before or during project development,-ACHD will useits tiest efforts to contact various Partnering Agencies and request input es to whether any Non-Transportation Components are desired by the Partnenng Agency In connection with any ACHD Road Project. In. addition, ACHD will provide each city antl county that is a Partnering Agency with a list of all of the existlnp ACHD Road Projects. planned within city or county limits on an annual flscatyear basis. If the Partnering Agency determines-it would like to Incorporate Non Transportation Components Into the ACHD RoadProlect, it shall complete a Cost Share Appllcatioh pursuant to Section 3109.8.1 below. ACHD may elect to specify a deadline by which the Partnering Agency must submit a Cost Share Application In order for the incorporation of the Non- Transporlalton Components to be considered. Applications that Ardinance No. 215 10 Atlopled. u ust 3dtiae-22,2011,:Ellective Seolemfier 2ddly-23. 2011 are not .timely submitted may be rejectetl, or, if they are considered, theywill be approved only on the condition .that the Partnering Agency pay for all redesign .costs and other costs associated with the inclusion of the Non-Transportation Components. 3109.8 Cost Share Application 3109.8.1 Submission of Cost Stiare Applicelion If a Partnering Agency determines it would like. ACRD to incorporate Non-Transportation Components into anyACHD Road Project, it: shall complete and suhmit the Cost Share Application se[ Torth on Aooendiz i, attached hereto end incorporated herein. There shall be no .application tee required In connection with submitting the Cost Share Application. To be considered for approval, all Cos[ Share Applications must provide Information antl certifications by the Panneririg Agency consistent with the following specifications and rules:. a. Protect Descriotion. Each Cost Share Applicelion shall Identify the Road Project and include a complete description of the Non-Transportation Components: If project plans or other conceptual designs for the inclusion of the Non-Transportation Components are available at the time of execution, they shall be provided by Exhibit to the CosfShareApplication. b. c. of -the Partnenng Agency ancludinc any overrun costs. Proiect Design Costs. All Cost Share Applications shall speclfythat all Road Project design costs associated. with the Non-Transportation Components are the responsibility OMinence No. 215 11 Adopted. u usl 3dNne-22, 2011, Ellecllve Seotem6er 2du1y22, 2011 Such allocation shall be made in accordance with the provisions oY fftis Ordinance, and the Project Cost Responabilitles Chart Is summarized on Apoendiz 2, when applicable. Any redesign costs of Transportation Components of the Road Projectihatare necessitated by the incorporationof Nen-Transportation Componerils inihe Road Project also shall be paid by the Partnering Agency. TheiCost Share ApplicationsM1all also specify. if aooltcable. e~creditsbased onthe .cost of .the deaian of Trensoortatiod Comoonerits that `would otherwise be installed by ACHD in Ileu of the Non-Transportation Componentsorooosed 6v aPartnarina Acencv. d: Proiect Conslructlon: All Cost Share Appllcations shall identify whetherACHD or the Partnering Agency will be responsible to construct the Nan-Transportation Components. There shal(be a presumption that in most instances, the Partnering Agency shell be responsible for the construction of the Non-Transportation Components. If the Partnering Agency is responsible for any construction, the Partnering Agency must certify In its Cost Sliare Application that such construction will not negatively impact ACHD's construction of the. Transportation Components or the overall ACHD Road Protect schetlule in any way. In atlditlon, the Partnering Agency sFrall be responsible for obtaining sll permits required by ACHD in connection with any construction. e. Proiect. Construction Casts.. All .Cost SBere Applications shall allocate thaAoad Project construction costs,.withihB Partnering Agency responsible for paying all construction coats associated with the NOn-Transportation Components, Including applicable construction, maintenance...-aa~administrahon and overrun costs, end ACRD responsible for paying all oonstmetion posts associated withtfie Transportation Components,:whlch is summarized on Aopendiz 2,. °•-~.,--o.` `^ es8tiea--sMaA--be m°~^ ^~''' ^ •'~` "- Project Cost Responsibilities Chart -^~ ^^ ^^^^^a'° ^ wHea--a¢plisa4~Any ~ ^ reconstruction costs - of TransportatOn Components of the Road Project that .are necessitated by the incorporation of Non-Transpoiiatlon Components intolhe Road'Project elsoshall be paid by the Partnering-Agency. The Coa[Share.AOollcationshall also specilv..if .aoolioable.-any: credits-basad.:on Ithe construction oostof Transoortetion Components thafwould olherwiaebe installed bvACHD.inaieu'.ofahe consruction of _NOn-Transporatioh Cornoonenta proposed by a Partnering Acencv: Ordinance No. 215 12 AdoptedAu us 3dune22, 2011, EHeclive September 2duly23, 201f f. Lahtl Acquisition. If real property is necessary for the Non- Transportation Components, ort if the incorporation of iJon- Transportation Components into dhe Road Project necessitates or increasesthe costs of the acquisition of real property for the Transportation Components, tbea the Partnering Agency shall tie respohsible for acquiring, paying for, or dedicating such additional real property antllor paying forlhe costincrease in the acqutsitionof real property for the Non-Transportation and Transportation Components,asapplicable. g. .Maintenance. All Cost Share Applications shall provide that the Paririering Agency shall be solely responsible for perpetually replacing, maintaining, and goring for the Non Transportation Components, so-long es ACHD provides the Partnering Agency with eulhority:and permission to do so pursuant to the terms ofYhe CostShere Permit. The Partnering Agency shall also certifyin the Cost Share Application that if the Partnering Agency falls to replace, ' maintain; and care for the Non-Transportation Components; ACHD shellhave the Tollowing remedies ih addition to any other recovery in law oria equity, provided that ACHD first. gives the Partnering Agency .thirty (30) days notice and the Partnering Agency fails to remedy such failure: - (i) ACHD may revoke the Partnering Agency's Cost Share Permit for the Non-Transportation Components, (il) ACHD may replace; malntam, and/orcare for the Non-Transportation Components and the Perinering Agency shall reimburse ACHD fully for all associaletl costs, (iii) ACHD may remove, alter, redesign, o, in the case of landscaping, replace with hardscape over the Non- Transportation Components,.and the Partnering Agency shall reimburse ACHD fully for all associated costs, and (iy) ACHD may refuse to issue any furthe( Cost Share Permits or any other permits for future ACHD Road Projects until the Pertneririg Agency complies witB the conditions o1 the Cost Share Permit. In eddittoa,ln the : event of an emergency caused by the Partnering Agency's failure to perform required maintenance; ACHD may immediately perform any and ell emergency repairs ortgke other measures In connection with an emergency, and the Partnering Agency shall reimburse ACHD fully :for all associaletl costs. h. Future Work. In the event the Non-Transportation Cgmponents will or may necessitate future maintenance, repair, relocation; or replacement that is not the subject of the original Cost Share Permit, ACHD shall, in ds discretion, Issue fhe Partnering Agency an amended Cosl Share Permlfto perform such work. Ordinance No: 215 t3 Atlopted. u ue 3dune-22, 2011, Ellective September 2Ju1y23, 2011 i. Relocation of Utilities. The Partnering Agency shalt be solely responsible for all costs associated with the relocation `of any utilities. regmred in connection with the placement, ihcorporation, or construction of the Non- Transportation Components, provided that ACHD may require, as a condition of 1Fre Cost.SFiare Permit, thaT the Partnering Agency be responsible for the relocation. j. Eifecf on Storm wWater rDuality.. The Cost Share Application shall include a :certification py Yhe. Partnering Agency That if ACHD rietermfnes that a Partnering Agency's request for aNon-Transportation Component will have an adverseeaffect do storm water quantity or quality, the Partnering Agency shall be responsible for mitigattngror ttintling the mitigation of any such soverse effects, In a means delerminetl by or acceptable to ACHD. - k. Medians and Oiher Strudtures-lf a Pannering Agency requests medlahs or other structures. that era not a _....~ ..~_ ._.. _..., .__r the associated costs ' '~°. a'°^; including, without limitation, tyre design, construcllon, adtlitional land .acquisition, antl maintenance costs. If ACHD determines that a median or env other structure is a Hichwav . ecessit they the Partnering Agency shall ohlvbe responsible for all of the costs of any aesthetic features and landscaping associated with the said'-`w.,-~:.~^a-^structure, including .without limitation, the design, construction, and maintenance costs related to the aesthetic features and landscaping that are in excess of the cost of installing ACHD's structure. such as Hardscaoe and in such case. a credit shall be a ied.fgardsea~e. Pedestrian/Bicycle Facilities. If a Partnering Agency requests bicycle and Ppedaslrian faciktyies that is are-not a ~'^~ ~ "'^^^^^ ^^a'^• identified in ACHD's Livable Street Design Guide and/or is not a Hichwav Necessitver the Partnering Agency shell be solely responsible for providing or paying ell of the costs for the bicycle and pedestrian facilities, Including, without limitation, the design, construction, land acquisition, end maintenance. - m. On-Street Perkins. ACHD may ^ ~,°„ fund tfie land acquisition, construction, and mainterrenCe of on•street parking, where appropriate, on arterials, collectors, and ocal roads for ACHD Road Projects thatis based upon an approved ACHD transportation plan and. is determined Cd be cost-effective.'sate and aooroonate.:_ . "^->"^~^ -^'• Ordinance NO.21b 1q Atloptetl Auausl 9ddpec28; 2011, Effective September 2JUJy-23, 2011 o-n, Mitigation. Site-sbecific mitigation mayinclude specialized -- rrormatteai unaemne treatments such assound walls, berms, and other components whose purpose into mitigate traffic impacts within the Road Project area. Funding`ehd responsibility for mitigation shall tie addressed is the Cost- Share Application anc(Cost Share Permit... - : ~~ - Formatted: ao undedme p:a Revocation bt. Richtsbv-ACRD. Each Cost Share ;Application shall' Include a certification by the Partnering Agency that ACRD shall aCell times have the right to (i) maintain, relocate, reconstruct, remove, or redesign. any and all improvements that are part of the Road Project, in which case the Partnering Agency shall reimburseACHD fully for all associated costs;-, (ii) revoke arty Cost Share Permit granted io the Partnering Agency to access any Highway or Public Right-of-Ways and (liI) Immediately perform any and all emergency repairs or take other measures In bonnection with an emergency, in which case the Partnering'Agency shall reimburse ACRD fully for all associated costs: ACRD shall use bestefforts to provide - Pormat[ea: underline the Partnering Agency withadvance notice before taking any o(lhese steps. ci:c. Intlemnificatlon. Each Cost Share Application shalllnclude a certification by the Partnering Agency that It will Ordinance No. 215 15 Adopted us 3deee-22, 2011, Ellecfive Seotembei 2de1y-23, ?011 indemnify ACRD from all damages caused or suffered by the Partnering Agency and Its contractors and agents and invitees in connection with the Road Project. 3109.8:2 Determination: as to Completeness of Cost Share Application Upon receipt of a Cost Share Application from a Partnering Agency, ACHD shall first review it and make a determination es to whether (he. Cost Share Application contains all fnformation necessary4or making a determination whetherio gran(or deny the application. Within 30 daysfollcwing receipt of the Cost Share Application, ACHD shall provide notice to ihePartnering Agency indicating that either (i) the epplfcation is complete and. no further information is needed at that time, or :(ii) the application is incomplete and requires certain other addltfonalinformation prior to consideration. If ACHD notifies`tfie Partnering Agencythat the :. application is incomplete [hen the Partnering Agency shall Yesubmit the ~^,~ '~„~„--:.,,.,'•~ 'k~additional requested information vurthln fifteen (15) days. ACHD shall then review the applicalipn and env atlddional information -and notify the Partnering Agency'vaithin 15 daysthat either (ij3he application Is complete and no furthe(intormation is needed at that time,.of(ii) the application is incomplete and requires certain other additional information prior to consideration. If ACRD notifies the Partnering Agency that ahe application is complete, such notification shall not preclude ACHD Irom requesting additional Information should It become necessary et any time during the full cdnsideration stage outlined below in this Section. ACHD may at any time hotifythe Partnering Agency that its Cost Share Application is or-will be rejected if it would be untimely in relation to the ACRD Road ProJeobschedule. 3109.8:3 Approval or Denial of Cost Share.Applicallon -:Issuance of Cost Share Permit After ACHD notifies. the Partnering Agency that the application Is complete and no further information is needed at that time, ACHD's Director or the Director's designee(s)-shall determine, In his or her discretion, whether to approve or deny the application. If an application is approved, ACHb shall Issue a Cost Share Permit to the Partnering Agency that provides the terms and conditions upon which the Incorporation of the Noh•Transporlation Componantsis approved. The Cost Share Permit shallincludea schedule for completion of the Road Project: Any application that is approved by ACHD must comply with the requirements set forth m this Ordinance, including, without limitation, each of .the provisions set forth in Section 3109.6 regarding ACHD's Jurisdiction and authorlly over Transportation Components and each Partnering Agency's funsdiction and authonty over' Nom Transportation Components. Tfte .application .must also be - cdnsisteni with the requirements of any cos(`sharing arrangement Ordinance No. 215 18 - Adpptetl Qygtigj 9duae22, 2011, Effective Seotember2duly22, 2011 set foith in Seotion 3109.8.1 above. Additional reasons for denial of any application may. include, but are in no way limited to, considerations of economics, the impact on projecT costs, availability of ACHD stall and resources, anticipated project schedules, availability of land acgtilsitlons, noncompliance with any issuedCost Share Permits or otherpermits or applicable law and the .authority of ACHD and/or the Partnering Agency, antl other feasibility issues. If ai any point during the consideration process,ACHD determines that it .requires additional information - from the Partnering Agency in ortler to consider the application, ACHD shall notify Iha Partnering Agency, and the Partnering Agencyshall supplyaheihformation with a newapplication: 3109.9 Appeal Process If ACHD denies a Cosl Share Application oFExceotion variactse-reauest, or if ACHD issues- a Cost Share Permit on terms that are unacceptable to the Partnering Agency, the Partnering Agency shall have -fourteen (14) dayg following receipt of written notice oh ACHD's tale-declsiori denial-eNhe-GesF to appeal t17e-desie~eH to the ACHD Commissioners. To make sucF'appeal, the Partnering Agency shall submit the following: a. written notice of the Parlnerirrg Agency's request to appeal the tlecision, addressed td the Commission;; - b. a copy of the application and a.copyof ACHD'stlecision tlenyino the ial-et~he-applicationor Ekceotionvarianse re°uestii c, a copy of any other information submitted to .ACHD in connection withlhe application;-; antl tl. eptieaaNy, a written statement indicating wtiy the Partnering Agency believes [he application or Ezceotionvarlaaee-should be approved on appeal or why the Coai Share Permit sbould be revised. Upon receipt of an appeal, the ACHD Commission shall consider the appeal end make a decision within 30 days. The ACHD Commission's decision shah be communicated In writing..to the Partnering Agency. The ACRD Commissjon'a decisiohshall be final and non-appealable 3109.10 Exception a uesss .ACHD reserves the right io consider an exceptions to this Ordinance on a case-by-case basis and in accordance with ACHD rules antl reaulalions and Idaho law. Exceptions may Include: without limitation. ahv interim treatments and the`elicibility df-a feature (or'aortion thereof) es a Trensoortation Comooneht as oroodsed bvaPartnerineAaehcv. Subject to iha'AOOeaI Process brovidetl herein. -aAny exceptions to this Ordinance shall require ACHD's Directororthe Director's tlesianee(sl "..,~-^en,^.;rt,•^^'~Tapproval Ortlinance No. 216 17 Atloiitetl August 3ddee-22, 2011,-Effective September 2daly-22. 2011 granted in response to a -written request .from the Padnering Agency fora Exception.. reeuestvarianse, identifying the specific provisions bf this Ordinance irom Which the Partnering Agency requests an exception in coaneclion with any Road Project„and any supporting documentation. The Exceottonvarlanse-request may tie made in advance of submitting itie.Cost Share.Application for the Road Project or simulteneouslywilh the submission of the Cost Share Application. 3109.11 Severability/Conflict withOthet LaWS and/or ACRD Policlesbr.OMinances The provisions of thisOrdinance are hereby declared to be severable, and if any provision of this Ordinance orlfie application of the same to any Person or ciroumstance Is declared invalid for any reason, such declaration shall not affect the validity of tfie remainirigportions of the Ordinance. In the event of any conflict between this Ordinance and. any. state or federal law, the applicable slaleo~ federal law-shall control-ln lheevent of anvcon0ict 3109:12 Effective Date Thls Ordinancesfiall be. effective on Seotember 2. ~~.201 L 13E IT FURTHER ORDAINEDs that this Ordinance shall 6e in full force and effech Formatted:7ndent: Fret Ilne: 0.5' from and after Seotember 2.'201 I T :;~.^_', ^_^_!, following its passage, approval and publicTtion, " - " " as provided by 14alro Code Section, 40-1406. ADOPTED BY THE ADA COUNTY HIGHWAY DISTRICT BOARD OF' "' Formatted: rotlent Fest fine: os COMMISSIONERS THIS _ day of AueuslJtiroe, 201 L ADA COUNTY HIGHWAY DISTRICT BOARD OF COMMISSIONERS By: By: Rebecca W. Arnold, President John S: Franden, Vice President By: By:. Carol A. McKee, Connnissioaej~ Snra M. Bakeq Commissioner Ordinance No. 215 1a Adopted uust3dupe-2~,20i1. ENedive 5botdmber2duly-23,2011 David L: Case,.Commissioner ATTCST: Brace S. Wong; Director Ordinance Nd. 215 19 ptlopled.. u us 3daneP2, 2011, Eltective Sdolemtier 2Jd1y22. 2011 .APPENDIX 1 COST-SHARE APPLICATION See attached OrdinanceNo, 215 Adopted AJcu ust 3Juge?~, 2011, EHeclive Seolember?Jely-23, 2011 20 ,,1~` ~~s~.a,. ADA COUNTY HIGHWAY DISTRICT PARTNERING AGENCY COSTSHARE APPLICATION Impodant Notes: •. Please refer to the Ada County HlghWay District Cast Share Ordinance No. 2f5, a copy of which is attachadfo this Cost.. Share.Applicettoa Capifalfzed terms Ghat are not dellned !n This -Cost Share Application have the meanings given fo fbem in the Cost Share Ordihahce. • Applicants may submit attachments with this application with answers fo questions requiring more space thanis provided below. No application shalt bedeemmed fd have been approved unless and until ACHD issues a: Cost Share Permit. • Pursuant to the terms o/ the Cost Share Ordinance, ACHD w/ll not approve ehy:4osf Share Appllcafloh that does hot comply with the Cosf Share Ordinance. Additional reasons far denial include, but are In no way ttmlted td, considerations or economics, the impact on project costs, avallablllty 'of ACHD stet! aatl resources, anticipated p/ojeot schedules, availability of land acquisitions, noncompliance wdh ahyYssued Cost Share Peimifs or other permtts orapplicable law and the authority pI ACHD and/or the Partnering Agency, dr other leasibility .issues. Applications that are. not submitted timely /n relat/pn to ACHD's protect schedule maybe rejected. '2. Partnerlnb Aaehcv Contact. Name oT Individual at the Partnering Agency to whom all corres "ondence and hotilications with re and fo this Cosl Share A Ilcalion"should be direotetl 3. Dat Date of A Ilcatlon 4. Prior Aoolications. If this Cost Share Application relates fo the same ACRD Road Pro(ecl that-is the auti)ecl df a prior Cosl Share Applicetlori(s), please Indicate the date(s) of the ptipr a licatlohs and attacKthem with this A Ilsatidn. 5. 6. 7. 8. rt Interest If the Padnering Agency has previously provided ACHp with notice of its Id Include Non-Transportation Components in the ACRD Roatl Project,. please ize the cohlehts of that notice (Including date(s)) and any relevant discussions antl mdence with ACHD.. loatl Protect.. Identify the ACRD Road Project to which this Cost Share Application iNpn-Transportation Components. Describe the Non-Transportagoh Component(s) the ig Agency proposes liy this Application Yo inclutle In the ACHD. Road Project. Inclutle as tail as Is currently available regarding the tleslgn, Ideation, and other Informationabout Transportation Compohehl(s): If anytlasgn or concept plans or drawings are availeMe, sm to this A Ilcatidrt. hori SUmmarize the autM1Ortty antl Jurlsdlclidn of the Partnering Agency, under applicable ite letleral, antl/or local law dveF the Non-Trans ortatlon Com onents. 9. 10. Identify the. party (ACRD or the Psrlnedng Agency, or both) that will be responsible for ignol the proposed Nan-Transportation Components. IFbolh parties are resporislble for he desl ns lease Indicate in detail their res edtlve res onsibilities. a. If ACRD Is responsible for Iha design of ell or a part of the proposetl Non= Transportation Components, provide information as to how end when the Partnering A ehc willraimbursa ACRD for (hose costs. Costs shall be tlelslledlnllem 10 below. b, If the Partnering Agency I$ responsible for all or apart ofthe design pf the proposed Non-Transportation Components, provide a deadlineby whichYhe Partriedng Agencywlll submit the design to ACRD for approval: ' _, 20_. Also, by submittlhg this Applicalioh, the Parnedng Agency certllies the Jollowiag: i. All designs submitted by the Pednaring Agency will comply with (i) established encineerino standerds.lncludlnc the American Assoclalloq of State _ - ~FDrmatted:. Font: to pt Highway and Transportation Officials ("AASHTO") guidelines,{II) the Cost•Share Ordlnande, (Iii) all adopted ACRD rules, regulations, and policies, and (iv) ail slate end federaliaws. IL No designs shall tie co0sidered. Ilnal until Ihey are. approved, In wdting, by ACRD. -. :osts. Pursuant to the Cost-Share Ordinance and applicable law, all Road ProJec[ design soclated with Iha Non-Transportation Components era the responsi61111y of the Partnering In addillop, anyredeslgn costs of Transportation Components of a Road Pro)eot 1ha1'are aled by the Incorporalloh of Non-Transpor(atloh Compopanls In Iha. Road Pro)ecl shall tie 0.6 D rlnnrinn ~nnnnv. Innnm dnnnu uri16YF inrnnninn dnenriFa iFn nnnlinaFln dminn 1 l 91. 12. properly of ACRD as a resullbf any latior performedor maierlals supplied in connabtlon with the conslNClton ofthe Non-Transportation Components. a. If ACHD.Ia responsible for all or a part of the. wnstructlonof the proposed Non- Transportation Componenis, provide Information as to $ow end Whon the Partnering A eric -will reimburse ACRD for (hose costs.. Costs shall 6d detailed in Item 12 tielow: ti. BQsutimltling this Application, the Partnering Agency derfifies that the Partnering - Agency will not allow any liens to altadti to flny fight-of-Way, ImpYdvemenis, or ocher Identify the party (ACRD or the Partnering Agency, or both) will be responsible for nbf the proposed Non-Transportation Components, If both parties arerespohsible :onstruclioh - lease Indicate, in deletl, lheirres active res onsioililies. Bysubmilling: Ihls Application,lhe Partnering Agency certifies the following I. The Partnering Agency shall tie :responsible for obtaining yell pe~mlts required by ACHDignonneclion with any construction of the Non-Transportation Components. li. The Partnering Agency will not allow any lienslo attach to any'dght-of- way, improvemehls, or other property of ACRD as a result or any labor perfdrmed or mateilals supplied ldconnectloriwith the oonsirucllon of the Nori- Transportaiion Components. lclion Costs. Pursuant to the Cost-Share Ordinance and applicable law, all Rded Project ction costs associated with the Non-Transportation Components are the responsibility of inedag Agency. In addition, ariy reconstruction costs of Transponatioll Components of a Road Project that areriecessitaled bylhe Incorporation of Non-Transportatlod ComF Road:Prolect must tie paid by the Partnering Agency. In accordance with the foreg[ the applicable consirucllon costs and (il applicable) any reconstruction costs 6 Partnering Agency will 6eresponsible documenting env credits applicable to the cap 13. Nlalnlanance. Pursuant to the Cosl-Share fails to replace, maintain, and care forthe Non-Transportation Gompohenls, ACHD shall have the following remedlea In 0ddlllon to any other recovery In law or in,eqully, providetl that ACHD first giveslhe Patnering Agency Thirty (30) days notice and the Patnedng Agency falls to remedy such lallure: (q ACHD. may revoke the Partnerfng Agencys. Cost Share Permll forthe-Non- Transpodellon Components; (II) ACHD may YOplace, maintain, and/or care for the Nom Transportation Components end the -Partnering Agency, shall .reimburse ACHD fully Yor all associated costs;; (iii) ACHD may remove, alter, redesign;. or in the case of lendacaping, Herdecapeover the Non-Trensportaton Components, and the Patnering Agency shell relmtiprse ACHD fully for all essocietetl costs, and (iv) ACHD may refuse ao Issue anyfunher Cost Shore Permits orany glher pennllsforfolure ACHDRoad-Projecle until the Partnering Agency compiles with Ihebondilion0 of [he Cost SherO Permll. In addition, In the event of an emergency caused by -. the Paftaedng Agency's failure id pedorm required maintenance, ACHD may Immediately perform any end all emergency repairs or take other measures in connection with an emergency, end Ih0 Partnering Agency shall reimburse ACRD fully for all associated costa. 14. Acouisllion of .Real Prooedv. Specifyany reef property Thal must tieacqulred to accommodate IM1e inclusion of the Non-Transpodellon Compon0hls Into the Road Protect; end indicate how and when thePartnerfng Agency will adqulre, pay for, or dedicate such real property. If the Partnering Agency ts'r0sponsiblefor obtaihlhg the real properly,: also Indicate whether the real property will 60 deetled and/or d0diceled to ACHD In connection with fheAOed Project. Please etlechell - relevantlegal descriptions to Ihla application, IY available, or. if nob available, a complete - - d0scri tiohand/ord0 fiction of the real ro art . - 15. Aelocallon of Utllltl0s. Pursuant to the Cost-Sfiare Ordinance and applicable taw, by eubmitling this Application, the Partnering Agency hereby certikes that II will he solelyresponslble for the relocation, or the cost of the relodagon, of any olilllies required In eonnactlon with the placement, incorporation, or cona(rucllon of theNon-Transportation Components. Descdbe lha utilities that -. will or mayheed to tie relocaletl In connection with the Road Protect, Also, identify whlchpaily (AGHDor the Padharing Agency) will be responsible to relocate the ulilillea; '(Please note that ACRD may require, as a condition of issuing any Cost-Share Permit, that the Partnering Agengy shall be responsltile for the relocation of any utilities.) ~. i6. Eifecl on Storm-wWater Quality:. Pursuant to the Cost-Share Ordinance end. applicable law, by submitting this Application, the Parlnedng Agency hereby certlftes that upon a determination by ACHD that the incoryoralion Into the Road Protect of the Partnering Agency's Non-Transponallon Component(s) wrll have an adverse alfect on storm-water quanllty or quality, Partnedng Agency shalt be solely responsible for either mitigating or funding the mlligalion of any such adverse effected in a means determined byor acceptable to ACHD. 17. Additional Certifications by Partaeriao Aceaov. By submirying this Cast Shate Appllcallon; and uponits approval by ACHD, the Partnerng Agency hereby ceni(ies and agrees as lollowsi a. Iridemnilicatioa. The Partnering Agency will .protect, defend, indemnity; antl hold ACRD and its ogicere,direclors, employees, members, and agerits harmless from and against any and ell (lability, suits, losses, damages, olaims, actlohe; costs, and expenses of any nature, Including court posts end attorney fees, atising from or out of any acts or omissions of the Partnering Agency, Its agents, br contractors related fo or In connecllon with the Non- TransportationCOmponenla, ahe representations and certificallohsael torah In this COel Share Application, the terms of any Issued and accepted Cost Share Permit, and the axerdise of enyprivileges or pertormadce of any obligations. by the Partaering Agency upon the grant of approval of this applicationby ACHD. b. Costs/Expenses. In the event of a Partnering Agency's (allure to comply with the terms and ceniFlcalions made in this Cost Share Application orenylssued entl accepted Cosl Share Permll, the Partnering Agency shall be solely responsible for ell costs, tlamages, expenses, including, without limltaaon, all attorney fees, incurred by ACHD. c. Comolianoe with Law. In the even! thatanypart of the obllgallons of the Partnering Agency or ofACHD in connections with the Road Project ere determined SO be illegal,or unenforceable tiy- a court'. of. competent jurisdiction, the remaining obligations of the .Padnering Agency set forth to This Cost Share Application abet! still be-applicable, V. Adherence ao Protect Schedule. ACHD will, .pursuant to the terms of any Issued Cost Share Permit,. proylde a schedule for completion of the Non-Transportellon Components. To the extent that the Partnering Agency is responsible for all. or any pan of the construction of the Non•Traneportatlon Components; the Partaering Agencyagrees to comply with the achetlule set forth In the Cost SharoPermil. e. AevocationofRiohtsbv.ACHD. ACRD shell at ell Ilmes have the .right to{i) maintain, relocate, recopslrocl, remove, or redesignany and ell improvements Ytjat are parlof the Road:Projeet, Iri which case the Partnering _Agency shall rermburse ACHD fully for all :I associated costs; (li) revoke epy Cost Share Permit grenletl to the Partnering Agency to access any Highway or Publiq Aighl-ot-Way;, and (iii) immediately perform any and all emergency repairs or lake other measures In connection wllh en emergency; In which case, the Padnering Agency sFiall reimburse ACHD lully for all assocleled costs. ACHD - shall'use best efforts to provide the Partnering Agenbywllh advance nollce before taking any of Ihesesteps. Slanature/CertHication of Aoolicant The person sigping below represents that he or she has the aulhoriry on behalf of the Partnering Agency to submit this Application and bind the ParineringAgency fo the representations and certifications sel forth herein. Name: Position: Datei APPENDIX 2 SUMMARY OF PROJECT COST RESPONSIBILITIES CHART ~No[e:ln the event of anv conflict between Aooentlix 2 end the language of the-0rdihehce the IanquadeoftheOYdinencestialloontYOl- :See attached -; ITEM ACHD COST. PARTNERINGAGENCY-'.. Desl n Standard Desl n Desl dof Amenities ': Right-of-Way Project specific design dimensiens- ExtraPlght of Way (ROW)tor or Livable Street DesignGufde basic amenities es outlined In sl[eel section if typology etloptedtiy rd'n ,including ACHD antl jurisdiction In Master dameges;.bayoulsand Street Map:or ACHD Capital associated legal costs, Improvement Plan-.-sub]eblfo Highway Necessity requirement. Through and Project specific design tlimenslons None, Center Turn or Livable SUeel DesignGuide Lanes, Curti and dimensions If typology adopted ny Gutter, Utility ACHD and juristlictidn 1n Master Strip Sireal Map or ACHD Capital Improvements Plan -sublect to Hi hwa Necessil re ulrement. Medians Demonatratedneedforirefgcsafety Upgraded.Hgerdscepeor & operations, with ~ihertlscepa- landscaping and irrigation If subject to Highway Necessity median Is needetl for traffic requirement. management. AICROW, construction, and maintenance If median Is for aeslnelics onl Bulfer Zone As specilled In the Livable Street Landscapecosls, construction Design Guide for the beslc end ROW In excess of 6'; j?getlestrianzone•, 6' ROW if perpelualmaintenancapf padneringagency chooses to landscaping, landscape subjeclloNighway Necessity requirement Bike Lanes 5' unless constrained in albuill Greeter Ihan 5' unless environment, then determined during otherwiseapeclfied in an project design subject Io.Hlghway adopted ACHD plan -sub ecl Necessity requirement to Hiehway'Aeceastty re uiremem Sidewalks 5' - subject fo Highway Necessity Greater than5' unless requirement - otherwise specllledlnan adopted ACHD plan- sub act to Hichwav:Necasslty e ulrement: OnSlreel ROW, design, construction and Dedicated by the perlnedng Parking maintenance on 'rteiiala _ _ agency ofdeveloper fep._ _ ~Ileclora: andlocal roads for.ACHD selleslersa~4lesalteads: Road Protects. sublect fo aobroved 9e6isaled-4y~evelepeHe r ACHD Iransoorlation oleo and _ ager~als-when required as a detarminetl to tie cost-effective. safe condition of development end aoorobrlate; ageriatprejeels approva(4 and determined to be cost-effective: safe and rl le.: Illumination Primarily of benefit to motorists; Energyand Maintenance (lighting) - costs, PedesUlan lighting, Formatted: Fant; 10 pt - Farmattedi Font: 30 pt Meridian City Council Meeting DATE: July 26, 2011 ITEM NUMBER: 9 PROJECT NUMBER: ITEM TITLE: Future Meeting Topics MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE F/NAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS