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2012-04-24Tuesday, April 24, 2012 at 7:00 PM 1. Roll-Call Attendance X David Zaremba X Brad Hoaglun X Charlie Rountree _ Keith Bird ® X Mayor Tammy de Weerd 2. Pledge of Allegiance 3. Community Invocation by Stephanie Moore with Ten Mile Christian Church 4. Adoption of the Agenda Adopted 5. Proclamation A. Proclamation for Parkinson's Awareness Month 6. Consent Agenda Approved A. Approve Minutes of April 10, 2012 City Council Workshop Meeting B. Approval of 2012-2013 Beer, Wine and Liquor License Renewal Applications as follows: ~EI Tenampa 906 N. Main St. BWL Dickeys BBQ Pit 2845 E. Overland Rd. B Schooners 499 S. Main St. BWL Fred Meyer#198 1850 E. Fairview Ave. BW ~Louies Pizza & Italian2500 E. Fairview Ave. BWL aSmashburger 3223 E. Louise #100 BW Legacy Feed & Fuel 3100 S. Meridian Rd. BW ~Gino's 3015 W. McMillan Rd. #108 BWL Sunrise Cafe 805 Main BWL Don Diegos 2951 Overland #190 BW Smoky Mtn Pizza 980 Fairview Ave. BWL Firehouse Grill 1767 W. Franklin Rd. #180 BWL ~Whitewater Pizza 3223 E. Louise #104 BWL MUSE 1435 N. Eagle Rd. BW Varsity Kitchen 1441 N. Eagle Rd. #200 BWL Meridian City Council Meeting Agenda -Tuesday, April 24, 2012 Page 1 of 6 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. Ricks Press Room 130 E. Idaho Ave. BWL The Griddle 2310 E. Overland Rd. # 130 BW Meridian Speedway 335 S. Main St. BW Bill n Lynns Place 229 W. Franklin BWL ~Walgreens #06200 1570 E. Fairview Ave. BW ~Walgreens #10197 3150 W. Cherry Ln. BW ~Walgreens #10604 1625 S. Meridian Rd. BW ~Walgreens #11452 3263 N. Eagle Rd. BW Corkscrews 729 N. Main St. BW ~Rudys Pub n Grill 2310 E. Overland Rd. BWL ~Walgreens #11687 4850 N. Linder Rd. BW ~Shige Teriyaki Exp. 450 S. Meridian BW Pizza Hut 2165 675 S. Progress B Pizza Hut 2166 1752 Cherry Lane B New Frontier Club 116 E. Broadway BWL ~Brewforia Beer Mkt. 3030 E. Overland Rd. #100 BW C. Recreational Pathway Easement between Penn Station Apartments LLC and the City of Meridian D. Approval of Award of Bid and Agreement for "Pine Street Sewer Connector" to Brown Construction, Inc. for the Not-To- Exceecl amount of $204,323.75 E. Approval of Award of Bid and Agreement for "Water Line Replacement - W Carlton NW 11th to Washington Dr. & W State'° to Dahle Construction, LLC for the Not-To-Exceed amount of $258,034.00 F. Approval of Award of Bid and Agreement for "Sewer Main Replacements Sites 10A, 10B & 11" to Cascade Pipeline Corporation, Inc. for the Not-To-Exceed Amount of $123,083.00 G. Third Addendum to the RIMI Professional Services Contract for Performing Mechanical Plan Review and Inspection Services H. Resolution No. 12-849: Adopting Analysis of Impediments to Fair Housing Choice Report and Fair Housing Action Plan I. Second Amendment to Development Agreement for Knight Sky MDA 11-011 Spurwing Challenge by The Club at Spurwing, LLC Located Northwest Corner of Chinden Boulevard and N. Linder Road Request: Amend the Recorded Development Agreement (Inst. #106122365) for the Purpose of Excluding the Property AND Creating a New Development Agreement to Include a New Project Boundary and Concept Plan for the Meridian City Council Meeting Agenda -Tuesday, April 24, 2012 Page 2 of 6 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. Proposed Spurwing Challenge Subdivision Moved to Item 8A/Approved with Conditions J. Development Agreement AZ 11-005 and RZ 11-006 Spurwing Challenge by The Club at Spurwing, LLC Located Northwest Corner of Chinden Boulevard and North Linder Road Request: Annexation of 30 Acres of Land with an R-8 Zoning District and Rezone of 51.61 Acres of Land from R-4 (Medium Low- Density Residential) and TN-C (Traditional Neighborhood Commercial) to R-8 (Medium-Density Residential) (46.97 Acres) and C-C (Community Business) (4.64 Acres) Zoning Districts Moved this to Item 8 /Approved with Conditions 7. Community Items/Presentations A. Meridian Environmental Excellence Awards Presentation B. Presentation by Douglas Jones with Growers for Biotechnology Regarding the Idaho Watershed Solutions Grant 8. Items Moved From Consent Agenda 1 and 6J moved to 8A and 8 9. Action Items A. Continued from April 10, 2012: Public Comment on Proposed Outdoor Sales and Temporary Uses Code Update -Increased Time Limits for Temporary Sales Units and Garage Sales, Temporary Construction Site Standards B. Continued from April 10, 2012: Ordinance No. 12-1506: First Reading -Outdoor Sales and Temporary Uses Code Update, Increasing Time Limits for Temporary Sales Units and Garage Sales, Adding Standards for Temporary Construction Sites First ending C. Public Comment on Proposed Ordinance Regarding Smoking Product Sales and Consumption D. Ordinance No. 12-1509: Smoking Product Sales and Consumption Approved E. Public Hearing: TEC 12-007 Solitude Place by M2 Land, LLC Located Southeast Corner of N. Meridian Road and E. McMillan Road Request: Two (2) Year Time Extension on the Preliminary Meridian City Council Meeting Agenda -Tuesday, Apri124, 2012 Page 3 of 6 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. Plat in Order to Obtain the City Engineer's Signature on a Final Plat Approved F. Public Hearing: VAR 12-001 Meridian and Amity by Hawkins Companies Located West Side of S. Meridian Road, Between W. Amity Road and W. Harris Street Request: Variance to UDC 11-3H-4 Which Prohibits New Approaches from Directly Accessing a State Highway to Allow Three (3) Access Points, Two (2) Right-In/Right-Out Access Points at the Eighth Mile and One (1) Right-In/Right-Out/Left-In Access Point at the Quarter Mile to S. Meridian Road (State Highway 69) Continued to May 8, 2012 10. Department Reports A. Mayor's Office: Mayor's Youth Advisory Council (MYAC) Update Moved to 7C B. Mayor's Office: Budget Amendment for State of the City for a Not-to-Exceed Amount of $7,870.00 Continued to May 1, 2012 C. Police Department: Budget Amendment for Department of Juvenile Corrections (DJC) FFY10 Enforcement of Underage Drinking Laws (EUDL) Awards for aNot-to-Exceed Amount of $10,350.00 Approved D. Police Department: Budget Amendment for Miscellaneous Donations for aNot-to-Exceed Amount of $3,200.00 Approved E. Clerk's Office: Approval of 2012-2013 NEW LIQUOR License Application for DKF Investments dba Harry's Hideaway Bar and Grill located at 2032 E. Overland Rd. Suite 130. Approved with conditions F. Clerk's Office: Approval of 2012-2013 NEW LIQUOR License Application for KJ's Restaurants dba JB's Restaurant located 1565 S. Meridian Rd. Approved with conditions G. Clerk's Office: Approval of 2012-2013 Beer, Wine and Liquor License Applications as follows: ~Qdoba Mexican Grill #473 3068 (3verland Rd. BW ,~ Qdoba Mexican Grill #474 3319 N. Eagle Rd. BW ~Jakers Bar ~ Grill 3268 E. Pine ,4ve. BWL Red Robin 1475 N. Eagle Rd. BWL ~Brew52 501 S. Main St. BWL Meridian City Council Meeting Agenda -Tuesday, April 24, 2012 Page 4 of 6 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. Items in blue wrere moved to consent agenda. Approved with Conditions hl. Fire Department: Approval of Award of Bid for "Smoke Alarms" to Loaves Home Centers and Business Services and Authorize the Purchasing Manager to Issue Purchase Orders for aNot-to-Exceed Total of $98,940.50 Approved I. Amended onto the Agenda: Legal Department: iscussion on ACRD Impact Deferral Agreement 11. Ordinances A. Ordinance No. Massage Therapist License Ordinance Revisions emoved from the agenda B. Ordinance No. 12-1510: An Ordinance (AZ 11-005) for the Annexation of a Parcel of Land Situated in a Portion of the S '/2 of the Southeast '/4 and in a Portion of the Southwest '/4 of Section 23, Township 4 North, Range 1 West, of Meridian Idaho, Establishing and Determining the Land Use Zoning Classification of Said Lands from RUT to R-8 (Medium Density Residential) and Providing an Effective Date Approved with Conditions C. Ordinance No. 12-1511: An Ordinance (RZ 11-006) for the Re- Zone of a Parcel of Land Situated in a Portion of the South °/2 of the Southeast ~/4 of Section 23, Township 4 North, Range 1 West, of Meridian Idaho, Establishing and Determining the Land Use Zoning Classification of 4.64 Acres of Land from the R-4 (Medium-Low Density Residential) Zoning District and TN- C (Traditional Neighborhood Center) Zoning District to C-C (Community Business District) Zoning District and Providing an Effective Date Approved with Conditions D. Ordinance No. 12-1512: An Ordinance (RZ 11-006) for the Re- Zone of a Parcel of Land Situated in a Portion of the South of the Southeast ~/4 of Section 23, Township 4 North, Range 1 West, of Meridian Idaho, Establishing and Determining the Land Use Zoning Classification of 46.97 Acres of Land from the R-4 (Medium-Low Density Residential) Zoning District and TN-C (Traditional Neighborhood Center) Zoning District to R-8 (Medium Density Residential) Zoning District and Providing an Effective Date Approved with Conditions Meridian City Council Meeting Agenda -Tuesday, April 24, 2012 Page 5 of 6 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. 12. Future Meeting Topics None ,4djourned at 10:36 .m. Meridian City Council Meeting Agenda -Tuesday, April 24, 2012 Page 6 of 6 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 April 24, 2012 A meeting of the Meridian City Council was called to order at 7:00 p.m., Tuesday, April 24, 2012, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, David Zaremba, Keith Bird, Brad Hoaglun and Charlie Rountree. Others Present: Bill Nary, Jaycee Holman, Pete Friedman, Bill Parsons, Warren Stewart, Bruce Chatterton, John Overton, Mark Niemeyer, Tim Curns, Molly Mangerich and Dean Willis. Item 1: Roll-call Attendance: Roll call. X David Zaremba X Brad Hoaglun X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd De Weerd: Well, I would like to welcome all of you to our City Council meeting. We appreciate having friendly faces out in the crowd. So, welcome. For the record it is Tuesday, April 24th. It's 7:00 p.m. We will start with roll call attendance, Madam Clerk. Item 2: Pledge of Allegiance De Weerd: Item No. 2 is our Pledge of Allegiance. If you will all rise and join us in the pledge to our flag. (Pledge of Allegiance recited.) Item 3: Community Invocation by Stephanie Moore with Ten Mile Christian Church De Weerd: Item No. 3 is our community invocation. Tonight we will be led by Stephanie Moore. She is with 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: Let's pray. God, we thank you for this day. Little things like rain and sun that show us that you care about the little things in our lives. God, tonight we do pray for the items on the agenda that they would be addressed well. We thank you for the people who are here officially or unofficially to see to that and we thank you for a community that cares about things like the members of our community who suffer with a disease or a disorder or even the minutia of life and so I pray that tonight it will be well attended to. Thank you for one another in this community, in Jesus' name I pray, amen. Meridian City Council April 24, 2012 Page 2 of 75 Item 4: Adoption of the Agenda De Weerd: Thank you. Okay. Item No. 4 is adoption of the agenda. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: Hope everyone has their score card ready, because we have a few changes to make and for those in the audience we do have agendas in the back if you want to follow along, but we are going to be moving a few things around tonight. To start with under Item 6-H, that is Resolution No. 12-849, we are going to move Items 6-I and 6-J to Item No. 8. Then under Item 9, Action Items, 9-D is Ordinance No. 12-1509. In Department Reports, 10-A, we are going to move that to Item 7 -- make that No. 7-C under Community Items and Presentations. Under 10-G, the approval for beer, wine, liquor license applications, the first three Qdoba, Qdoba and Jakers, will be moved to Item 6-B, added to that long list of approvals, since the paperwork came in today and all that is taken care of, we can move that to the Consent Agenda. And that just leaves Red Robin and Brew 52 for Department Reports under Item 10-G. Under 10-I we are going to -- we are going to add Item 10-I, Legal Department, discussion on ACHD impact deferral agreement. So, that will be added. 11-A, massage therapist license ordinance revisions, that is going to be removed from the agenda. And, then, under 11- B is Ordinance No. 12-1510. 11-C is Ordinance No. 12-1511. 11-D is Ordinance No. 12-1512. So, with those few tweaks, Madam Mayor, I move adoption of the agenda as amended. Rountree: Second. De Weerd: I have a motion and a second to adopt the agenda as amended. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. De Weerd: And you did that just -- I just flew in an hour ago from the Netherlands, so if I start fading out, it's jet lag. And if I say something wrong it's jet lag. Really it is. So, you did that just to see if I was tracking; right? Hoaglun: Oh, we did, Madam Mayor. It's actually April 1st, you just don't know that. Item 5: Proclamation A. Proclamation for Parkinson's Awareness Month De Weerd: Okay. And Item No. 5 is a proclamation. Is there someone here that is with the Parkinson's Awareness Month group? If you want to join me up in front. If you will Meridian City Council April 24, 2012 Page 3 of 75 stand over here with me. I'm going to read this and, then, present it to the group and, again, this was handed to me as I walked in the door, so bear with me. It is an important disease to recognize this month, so this is not to be taken lightly. Whereas, Parkinson's is the second most common neurodegenerative disease in the United States, second only to Alzheimer's, and whereas there is inadequate comprehensive data on the instant and prevalences of Parkinson's disease. As of 2012 it is estimated that the disease affects between a half million to 1.5 million people in the United States and whereas research suggests that the cause of Parkinson's disease is a combination of genetic and environmental factors, but that the cause and progression of the disease is still unknown and whereas there is no objective -- no objective test for Parkinson's disease and the rate of misdiagnosis can be high, and whereas symptoms of Parkinson's disease vary from person to person and include tremors, slowness -- slowness -- and that is jet lag -- difficulty with balance, swallowing, chewing, speaking, rigidity, cognitive problems, dementia, mood disorder such as depression and anxiety, constipation, skin problems and sleep disruption and whereas there is no cure, therapy, or drug to slow or halt the progression of Parkinson's disease and whereas increased education and research are needed to help find more effective treatments with fewer side effects and ultimately an effective treatment or cure for Parkinson's disease, therefore, I, Tammy de Weerd, Mayor of the City of Meridian, do hereby proclaim April 2021 to be Parkinson's Awareness Month in the .City of Meridian and ,call on all citizens to increase awareness of this disease and the continued need for research, better treatments, eventual cure, signed this day of April 2012 and it is with privilege that I present it to this group and I'll see if you have some remarks that you would like to make. Bain: Thank you so much. De Weerd: Thank you. Bain: We appreciate Mayor de Weerd and the Meridian City Council for taking this opportunity. Parkinson's is a huge disease here in our community. It's very misunderstood and we are making progress every day. We don't have a cure yet, but we will get one. Thank you very much. Item 6: Consent Agenda A. Approve Minutes of April 10, 2012 City Council Workshop Meeting B. Approval of 2012-2013 Beer, Wine and Liquor License Renewal Applications as follows: ~EI Tenampa 906 N. Main St. BWL Dickeys BBQ Pit 2845 E. Overland Rd. B Schooners 499 S. Main St. BWL Meridian City Council April 24, 2012 Page 4 of 75 Fred Meyer#198 ~Louies Pizza & Italian ~Smashburger Legacy Feed & Fuel ~Gino's Sunrise Cafe Don Diegos Smoky Mtn Pizza Firehouse Grill ~Whitewater Pizza MUSE Varsity Kitchen aRicks Press Room The Griddle aMeridian Speedway Bill n Lynns Place ~Walgreens #06200 ~Walgreens #10197 ~Walgreens #10604 ~Walgreens #11452 Corkscrews ~Rudys Pub n Grill ~Walgreens #11687 ~Shige Teriyaki Exp. Pizza Hut 2165 Pizza Hut 2166 New Frontier Club ~Brewforia Beer Mkt. 1850 E. Fairview Ave. 2500 E. Fairview Ave. 3223 E. Louise #100 3100 S. Meridian Rd. 3015 W. McMillan Rd. #108 805 Main 2951 Overland #190 980 Fairview Ave. 1767 W. Franklin Rd. #180 3223 E. Louise #104 1435 N. Eagle Rd. 1441 N. Eagle Rd. #200 130 E. Idaho Ave. 2310 E. Overland Rd. # 130 335 S. Main St. 229 W. Franklin 1570 E. Fairview Ave. 3150 W. Cherry Ln. 1625 S. Meridian Rd. 3263 N. Eagle Rd. 729 N. Main St. 2310 E. Overland Rd. 4850 N. Linder Rd. 450 S. Meridian 675 S. Progress 1752 Cherry Lane 116 E. Broadway 3030 E. Overland Rd. #100 BW BWL BW BW BWL BWL BW BWL BWL BWL BW BWL BWL BW BW BWL BW BW BW BW BW BWL BW BW B B BWL BW C. Recreational Pathway Easement between Penn Station Apartments LLC and the City of Meridian D. Approval of Award of Bid and Agreement for "Pine Street Sewer Connector" to Brown Construction, Inc. for the Not-To-Exceed amount of $204,323.75 E. Approval of Award of Bid and Agreement for "Water Line Replacement- W Carlton NW 11th to Washington Dr. & W State" to Dahle Construction, LLC for the Not-To-Exceed amount of $258,034.00 F. Approval of Award of Bid and Agreement for "Sewer Main Replacements Sites 10A, 10B & 11" to Cascade Pipeline Corporation, Inc. for the Not-To-Exceed Amount of $123,083.00 Meridian City Council April 24, 2012 Page 5 of 75 G. Third Addendum to the RIMI Professional Services Contract for Performing Mechanical Plan Review and Inspection Services De Weerd: Okay. Item No. 6 is our Consent Agenda. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: Under our Consent Agenda, under Item 6-B, we added the two Qdoba Mexican Grills Number 473 for beer, wine and liquor license application and the Jakers Bar and Grill from 10-G, so that has been added to that list under 6-B number. 6-H is Resolution No. 12-849. And we have removed Items 6-I and 6-J. And so with that, Madam Mayor, I move adoption -- approval of the Consent Agenda and the Mayor to sign and Clerk to attest. Rountree: Second. De Weerd: I have a motion and a second to approve the Consent Agenda as amended. Is there is any discussion from Council? Rountree: I have none. De Weerd: Madam Clerk, will you call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 7: Community Items/Presentations A. Meridian Environmental Excellence Awards Presentation De Weerd: Under Item 7-A, I will ask Molly to come up and I will come down there and join you. Mangerich: Thank you, Madam Mayor and Council. I'm really privileged this evening to be here with Nancy Mann, who is our chairperson of the Solid Waste Advisory Commission, in the announcement of this year's Meridian Environmental Excellence Award winners. This evening I'm happy to speak to each of our award winners and proud to present them to you, Madam Mayor and Council, and so that you could provide them with this lovely award. Special innovations, creativities, and efforts have gone on Meridian City Council April 24, 2012 Page 6 of 75 within our community and we want to highlight those efforts to you this evening. So, if I may begin. Our first award winner this evening is Zamzow's, one of our businesses, a very popular business here in the City of Meridian and not only have I worked with the Zamzow's as individuals, but also I am a fan of their stores and their employees, because I consider them experts in the field. I know that Zamzow's is very much a part of Meridian history and from establishing a feed manufacturing mill here in Meridian to 1953, to become a regional authority on what I -- comes to all things lawn, garden, pets and ponds and you name it. This evening, Madam Mayor, if I could bring up the representative Zamzow's. I would like to make special note that Zamzow's was selected as an award winner because of the innovation and products that they manufacture through their store. With the water quality problems that we face regionally in the Treasure Valley some of those have much to do with phosphorus and bacteria and pesticides and Zamzow's has certainly come to, through their own research and innovation and drive, to develop a series of products and educational videos and advertisements that lead us as consumers to a greener way of living and we certainly appreciate that within our community. Madam Mayor, if you would, please, read the inscription on the award and present it. De Weerd: Okay. This environmental excellence award is presented to Zamzow's for supporting the city's vision of environmental stewardship through ,the development of innovative products and solutions, providing environmental and social benefit to our community and since I, too, am a user of Zamzow's products for all of those uses and certainly have appreciated everything that Zamzow's has done in leadership in protecting our environment and the Idaho way of living, it is my honor to present this to you, Jim. Zamzow: I'd like to say something very quickly. I'll tell you something that probably most people don't know. Right out here by our feed mill where the railroad tracks are, when my grandfather August was 19 years old at the turn of last century he and his brother left Minnesota and they hopped a freighter and they were coming -- coming through Meridian on their way to California. Grandpa jump off and ran downtown Meridian to grab a couple of sandwiches. The train started to move and on his way back he couldn't quite make the train. In fact, the story goes he actually had ahold of his brother Carl's hand right there at the railroad tracks here at Main Street and he couldn't get him pulled up, so grandpa tossed him him the sandwiches, Carl went on to Gilroy, California, and grew his family up there. Grandpa stayed here and started his family in Meridian. So, that's a story of our family. So, thank you very very much. We appreciate this a lot. De Weerd: Thank you. Mangerich: Our next environmental award I'm very happy to present to Hunter Elementary School right here in Meridian. Hunter Elementary is the first school that we have had the pleasure to provide an environmental excellence award to and while we know all of our schools in Meridian do a fabulous job on educating our children, we did Meridian City Council April 24, 2012 Page 7 of 75 want to present a special highlight to Hunter Elementary for the remarkable work that they do within the kindergarten classrooms. I'm happy to say that I have been invited to their classroom upon several occasions and under disguise of costume or not, have been able to help the children learn their letters, including W for the word water and we have had so much fun being in the classroom, talking about water quality protection, et cetera. And also W is for the word waste. We have had a lot of fun with the volunteers and the kids in the classroom. Staff also did some research on the part of Hunter Elementary and we found out that they average over 2,000 pounds of recyclables collected each month right at your school and that is a lot of waste diverted from our landfill. So, congratulations on a vigorous recycling program. If I could have representatives from Hunter Elementary please come up. Thank you. I'd like to introduce our kindergarten teacher Barbara Frasier and Hunter Elementary Principal Julie Prince. Congratulations. And, Madam Mayor, if you could read the inscription. De Weerd: Okay. This is the 2011 environmental excellence award presented to Hunter Elementary for superior accomplishments in promoting the city's vision of environmental stewardship through the education of our most precious resource, our children. Thank you for being here and thank you for participating. Mangerich: Thank you. Our final environmental excellence award has been kept under tight security and tight wraps, because we wanted it to be a surprise to the special recipient. Our individual award for environmental excellence goes to the fine woman next to me Nancy Mann, who has served this community tirelessly over the last 13 plus years to help get us motivated, inspired, and beyond words into action. She is a fabulous member of our community. It's not often I get to say gotcha. You are always on top. Congratulations, Nancy, and we so thank you for your work within our community. Madam Mayor. De Weerd: And Nancy is also a good sport, because we just continue to prolong her appointment and over and over again. This is the 2011 environmental excellence award presented to Nancy Mann for her sustained efforts and significant contributions, promoting the city's vision of environmental stewardship and I might add in helping to craft our vision. So, thank you, Nancy. We greatly appreciate you. Mann: Thank you. B: Presentation by Douglas Jones with Growers for Biotechnology Regarding the Idaho Watershed Solutions Grant De Weerd: Okay. Our second item, 7-B, is a presentation and I will ask Doug to come on up. Jones: Mayor Tammy, Council President Hoaglun, Council Members, thank you for the opportunity you have allowed us tonight to make a little presentation to you and I'm Meridian City Council April 24, 2012 Page 8 of 75 overwhelmed by the awards that have just been given out, because it was a great segue into what we want to talk about with some additional environmental stewardship. I visited with some of you individually and certainly worked a lot with Brenda Sherwood on some projects here in the City of Meridian and as I worked with Public Works folks and looked at where your wastewater went and my background as an old farmer, I said there has got to be a better way to do this. That was a number of months ago. Since, then, we have formed Idaho Watershed Solutions, a nonprofit, to try to help solve some of the additional environmental issues within this community and particularly the lower Boise watershed. The lower Boise Basin. And we all know some of the challenges. I have watched the Zamzow's add on the quality of the aquifer and the river dozens of times and I, too, buy their products and use them. So, we want to talk this evening about some other things we think that the city can do and we can do to help with environmental clean up as well and what I want to do -- I'm not going to actually make the presentation, but I want to introduce some of the folks that are here with me and part of our group and, then, eventually turn it over to Dave Tuthill to make the actual presentation. So, I'm going to ask my colleagues, who are mostly seated in the single row back here, to wave when I introduce them. We think we have got a pretty distinguished group of people into this project. The gentleman who will make the presentation Dr. Dave Tuthill, retired director of the State Department of Water Resources. Next chair is Mark Mazerick. .Mark is recently retired from many many years of EPA service here in Idaho. Next to him Hal Anderson. Hal was a senior staff person for the state water resources board at the Department of Water Resources. Also recently retired. And. Dr. Rob Titemann. Rob spent a number of years with the Idaho Transportation Department designing wetlands and is now out on his own as well. My background -- I'm just an old farm boy, but I did spend a few years at the Idaho legislature working on ag and environmental issues. So, again, that's who we are and at this point I will turn it over to Dave Tuthill, who has -- we furnished you with notebooks. He has a PowerPoint and we will go through some discussion and, then, we will have some Q and A where we think the city can work with us, how we can work with you to improve the whole valley in the future, so -- De Weerd: Thank you, Doug. Jones: Dave. Tuthill: Thank you, Doug. Madam Mayor. De Weerd: Welcome. Tuthill: It really is a pleasure to be here tonight. Thank you for taking time in your busy schedule to tell you about what we feel is a very important step in the basin water quality. Now, we have these topics -- we want to tell you about our concept, about the situation we face, an approach for resolution, a proposal that we have to the City of Meridian and, by the way, we have discussed this with Mr. Barry and Mr. Stewart and must comment that your Public Works and your water approach in the City of Meridian Meridian City Council April 24, 2012 Page 9 of 75 is a state leader. That's no surprise to you, but it's something you can be proud of. Our concept is we recognize that the Boise River is a very important stream for the community. It's listed as a water quality limited stream. Phosphorus is a nutrient of concern. We have already heard about that tonight. No surprise. Much of phosphorus -- in fact, it's estimated that 70 percent of the phosphorus in the river is added by nonpoint source solution. With that the point source solution are -- point source providers are the providers like you all, the City of Meridian, you are -- you have a point source discharge of a water that has phosphorus into the system through your wastewater treatment plant. A nonpoint source provider is the ag community, drains, septic tanks and so on. So, about 70 percent of the phosphorus comes from nonpoint sources. The EPA controls point sources like you all, but it does not control nonpoint sources. That's the way the Clean Water Act is set up. So, we have the majority of the problem not controlled and not getting permits. A few entities that are important do get permits. We propose to incentivize the nonpoint source contributors to incentivize them to reduce phosphorus and give credit to those who incentive them. That's the gist here. There are really four ways where we propose to incentivize. One way is to automate and, then, reuse and we did see a nice presentation by Clint at the Water Reuse Conference last week. You all are already doing a lot of reuse. We would contend that there is some additional that can be done. Precision agricultural, riparian activities -- what do we mean by those four, just a little. bit of further elaboration. Far automation, if the irrigation system take only what they need, then, clean cold water stays in the river and -- and water that they need is being used. Right now they take more than they need certain seasons, the spring and fall generally. During the summertime all the water is used, spring and fall it's not. But we need to automate the system to take only what we need. De Weerd: That actually looks familiar. Is that from the Netherlands? Tuthill: Well, yeah, this is a system built by Danish Hydraulic Institute. De Weerd: Okay. Tuthill: It is -- this is from California and -- you know, I misspoke. The modeling is done by Danish Hydraulic Institute. These particular instruments are by Rubicon from Australia, but his technology is very advanced around the world and it just hasn't come to Idaho yet. We think there is an opportunity to leave clean cold water in the river. Reuse you are already doing a lot of that. We think there is much opportunity for reuse. Who would get credit for the reuse? It's the entity that would make it happen. In this case Twin Falls Canal Company has done a lot of this and this happens to be one of their systems and reuse we -- the idea is to use nutrient laden water for irrigation, which is helpful for irrigation, instead of taking clean cold water from the river. Precision agriculture has lots of opportunity. Putting the phosphorus where it needs to be, only released in a certain amount of time as an example. Apply the correct amounts and types of nutrients in the right places. And, finally, the fourth area is riparian activities. There is a wonderful opportunity to develop wetlands, kind of like the Dixie drain system Meridian City Council April 24, 2012 Page 10 of 75 that the Boise -- the city of Boise is using right now. Lots of opportunity to create wetlands to remove nutrients and lower temperatures. Here is our main question. Will the EPA accept this kind of an approach. So, we did ask this of Mike Bissell and he's the -- he's the director of the Office of Water and Watersheds from EPA Region Ten. It's his responsibility to issue the NPDES permits like what you have. So, in a meeting in December we presented or approach and asked the question can this work and he said it has to be measured and verified. It's not easy. Not many people are doing it, but we are very supportive of this approach. Where has it been successful? Well, we looked at Oregon and in a couple of national seminars that we participated in the question was where has this been successful. The Chesapeake Bay, Ohio, and the Willamate Partnership. So, we have been working with the Willamate Partnership for the past year. We met several times. They have an associated nonprofit -- these are both nonprofits, the Willamate Partnership and the Fresh Water Trust. And what they set up was an approach where they would set up policies and measurement done by the Willamate Partnership and they had an individual David Primavich who went out to try to make a deal for credit trading, to get credits. He wasn't able to do it, because he was working for the entity that provided the policies. So, he went over to work for an associated nonprofit called the Fresh Water Trust and made a deal and that's the deal that we look at. Around the west they lowered the temperature by making this deal. So, how do we do this in Idaho? We have taken a look at this over the past year and determined that it would be best to form a nonprofit, which as Doug said, we have formed the Idaho Watershed Solutions, Inc., and our intent is to do the function in Idaho that the fresh water trust does in Oregon and we have the team that Doug mentioned. It's a very powerful team, half of us have just been introduced. What we see is the Lower Boise Watershed Council, which does exist and you all have participated in, functions as the Willamate partnership. It sets the policies. Sets the guidance. But also we need the Idaho Watershed Solutions to do the deals, make the trading happen, and we have added a third very important concept here -- aspect. The Idaho Water Resources Research Institution, they bring in the universities and research that can help make this happen. So, between the three of us we have already had many discussions and we think that this is a good possibility. So, as we focus this on the lower Boise, we have a need, we have an approach, but we don't have a functional credit trading process and that's what we intend to do and we are initiating the Boise Basin Water Quality Credit Trading Project. We have a wide variety of entities we have talked with in your book. We have about 30 different entities as subsequent slides -- backup slides. won't go through those in detail, but I will say that a primary participant would be the NPDES holders, like the City of Meridian. What are we looking for as far as participation? For many of these organizations we are saying come and participate and use your in-kind efforts to be stakeholders. For the NPDES holders in corporations, including Simplot, Monsanto, Idaho Power Company and the cities, we are saying come and also assist to fund this. You all have the most to gain, because you're the ones that need the credits for -- for your solutions. We intend to do this over the next four years. The credits rating process has already been built, it just hasn't worked. There hasn't been enough energy put into it. We think that we can develop another -- another possibility in your matrix of possibilities for the City of Meridian. You have a number of Meridian City Council April 24, 2012 Page 11 of 75 treatment plant options, but to use credit trading we think that this process will be helpful in making that happen. We have already applied for a major federal grant, 300,000 dollar grant. We will find out about that in July. But we need cash participants as cost share to make this happen. So, our proposal for you all is to be primary stakeholders, to -- we would hope that you take a look at and consider supporting this process through memorandum of understanding that we shared with Mr. Stewart and Mr. Barry, that you all take a leap as the NPDES holder this is the first reading of this type we have given. We have spent a year planning this, now we are saying we are ready to sign people up. We have -- what we are asking for is 25,000 dollars for the rest of this fiscal year and if we are successful, if we do a good job, continuation of that at 50,000 a year for the next three years. This would be used as cost match to do the measurement and develop implementation of projects to make credit trading a viable option. The city can help shape the future of the process. It's already been a leader in many ways. The Treasure Valley Camp is winding up. That's been successful as far as bringing people to the table. The cities and the irrigation organizations, that is winding down. That forum won't be there anymore. The state doesn't have additional funding for that. This is an appropriate follow on for that effort. This will provide cost effective solutions for your matrix. It will result in improvement of the water quality of the Boise River Basin and reduce your treatment requirements, which would be our intent. We are looking for strategies. We have worked on development of the PMDLs. As next steps we plan to brief the other six NPDES -- or the other three NPDES holders and three major corporations. We have been in discussions with all of these groups. We will be meeting with the universities on May 1st as a continual -- as a continuation of our discussions there. Our initial stakeholder meeting will be this summer and intent to proceed toward development of these objectives. So, thank you, Madam Mayor and Council, for your patience in this important aspect and I would stand for questions. De Weerd: You know, Dave, I guess as I go back to the little bit I know, the camp and the training program right now, because a lot of those stakeholders that you talked about are not required to be part of the solution, how do they become part of the solution? I -- what kind of incentives do they have when they are not regulated right now? Tuthill: Madam Mayor, it's interesting that the TMDL process, which really hasn't been finalized for the Lower Boise River Basin -- is now speeding up. We have gone to briefings that this has been a -- it's a major work effort. DEQ intends to make this happen over the next two years and the process of looking -- of developing credit trading is just right to help inform the TMDLs and implement them. And the incentive for the irrigators, as an example, the incentive might be to have a system that's automated. We have talked to Paul Devoe, who is the manager of the Boise Project Board of Control and briefed this to him and he says, well, I can keep more water in the reservoirs and if I have enough I can lease it or make that available. If I don't have enough I can use it in my canal. So, there really is great incentive for the irrigators, but over time irrigators talk about acre feet, municipalities talk about million gallons per day, there is a divide there and there are many things that are divisive. This is an Meridian City Council April 24, 2012 Page 12 of 75 opportunity to come together and we think we can incentivize the nonpoint source providers. De Weerd: And just afollow-up question as to how -- how you control that. The Dixie drain program that the city of Boise has invested a significant amount of money in now could be kind of put at risk by a private investor who is doing something a little bit up river or down river -- I don't know which makes sense, but -- so, you put this investment in, what is to protect that investment? Tuthill: Well, Madam Mayor, the Dixie drain project is new. It's a little bit different. It's kind of out there by itself. We are very supportive of that and think it's the right idea. But it's one opportunity out of many up and down the river. So, we see this has been totally compatible with making that -- with helping that project go forward. It hasn't been fully approved by the EPA. This adds additional oomph and effort behind the Dixie drain project. And so far projects have been successful by municipalities in terms of water reuse. Most of the municipalities that had to go it alone, what's different here is there is a -- we see an opportunity for a stake holder group that moves the process forward, leveraging the efforts together and that's a much more powerful voice for EPA. We have personally spoken with levels through the EPA all the way to Bob Rose, who is the national coordinator for water quality credit trading and Christine Pike, the deputy director in Seattle. So, by having an organization that makes this its business, as we are, we can add oomph and energy and I think better secure the opportunity for Dixie drain, rather than to endanger it. De Weerd: Council, questions? Rountree: Madam Mayor? De Weerd: Yes. Rountree: Dave, could you just give us a snippet of what -- how the process would work, what the credit would consist of, what part of our investment up front is going to show a long term benefit, what's the annual cost to us and how is that going to be derived. I mean some of the -- I know I'm already drilling down into details, but Ijust -- some idea. I know you guys have sat around and dealt with all of this stuff, so -- and I'm not going to hold you to anything specifically, but I need a sense to -- to start making it work for me. Tuthill: Councilman Rountree, Madam Mayor, this process will add a dimension to the possibilities of municipalities that is not there or have high risk right now. It was very interesting to see last week the presentation by the city of Nampa. They showed five alternatives -- five or six. By far the least cost alternative was the one where there were offsets and offsets is another way to credit -- to look at credit trades. And most of the options were 96 million, 96 million -- this one was 66 million. Yet it was not deemed to be a very valid application. Why? Too much risk. If we can take the risk out of that Meridian City Council April 24, 2012 Page 13 of 75 lower cost option by having credits traded that are valid, then, the savings potential is huge. Your question directly was how will you see the benefits of your dollar investment. The response is in the matrix of options this City of Meridian will have other options as well. Instead of -- and with all treatment plants it's easy to treat much of the contaminants. It's difficult and expensive to -- to treat that last increment and that last increment, if instead of treating you can buy credits that have been developed in a credible way and measured, then, it makes a lower cost option for the City of Meridian. So, the investment that we are looking for is 25,000 and 50,000 per year. You will have a chance to look at that every year to make sure the investment is worthwhile. It's up to us to make sure that it is that. If you plan to add to your investment and cost share it by the federal government, we have been in talks there, so we think that this will add another tool for your wastewater people and have significant cost savings in the long term. Jones: Let me add some comments and response to any additional questions to what Dave has presented and the responses he has given to this point. You know, we are asking for some money and is there any assurance -- well, nothing is a hundred percent sure. But part of what we want at this point -- this initial money is to do some baseline monitoring of -- to quote from the EPA gentleman in Seattle, he said it has to be verifiable and that ,means real hard numbers. USGS did some monitoring this. past season on Mason Creek. Mason is one of the other drains that runs through Nampa, so it's a little bit further west. We want to follow up with some additional data, which USGS will do, so that we have a baseline number and we can -- we can say to you, the EPA, anybody else, as we move through this process, yeah, we have made an improvement, because we know where we started from. That's part of the initial is to get that baseline. You have -- you need that. And, then, you can move forward from that process. I think the question about assurance -- how do we know this is -- this will work. Well, again, nothing is a hundred percent sure, but we think this is a creative option that will work, certainly in this valley, recall by bringing the valley together, you and your counterparts on the other councils around the valley, and the ag community, we certainly know that that has not always been a comfortable relationship here and a lot of other places across the country, but it's an opportunity to do something good for the valley and I got into this -- one of the people I didn't mention that's part of the group, because he's not here tonight, is Dr. Mark Ankene, who is a BSU soil scientists with the INEEL in Idaho Falls. And Mark and I have worked together. We started on some other projects and I got to looking at what the city was doing and this phosphate problem and said, wait a minute, I'm an old farmer I used to -- I have paid Simplot a lot of money to buy phosphate over years. Why can't we take some of that phosphate that you're going to pay a lot of money to get out of the water and just put it out in the ag community. It's agronomically insignificant for the ag community. It isn't going to do anything in terms of raising their crop of corn or beans or onions or whatever it might be. But it certainly solves a large problem for the municipalities and what you're going to spend for water treatment over the coming years. And may help build some cooperation. And certainly for the City of Meridian you guys are one of the more progressive groups in the valley and I say that -- and for a variety of reasons and one of the other pieces that I think fits Meridian City Council April 24, 2012 Page 14 of 75 together for Meridian is you have designated an area off in the northwest corner for your FILDSs project. You want to do some ag things and I think you all know I have been working with Brenda on that for some period of time and I think this is another piece of that, of how we keep agriculture in this valley, keep it viable, and keep the municipalities viable as well. Hold down my water and sewer bill as a resident of Meridian and build stronger relationships for the whole valley, because the valley will change. I'm like Jim Zamzow, my -- my grandfather came to Nampa in 1902 and started to farm in this valley. We eventually ended up in the Twin Falls area, now I'm back up here. But I want to see the valley stay green, part of why we all like living here is the open space. So, if we can work together I think that benefits all of use. Is this simple? Absolutely not. Is it quick? Absolutely not. Is it doable? Absolutely. And we think we can help create that solution for not only the city of Meridian -- and we don't intend to compete with the city of Boise, we think the Dixie drain project is a great project and actually helped open the door for EPA to look at some new options. And EPA needs to look at some options: As government budgets continue to shrink, yours and theirs, if we can find ways to do things better and cheaper at the same time, everybody comes out ahead. So, I think EPA, at least in this region, is willing to look at some additional options than brick and mortar sewer plants and they have demonstrated that with what they have done with the city of Boise and their Dixie drain project to say, yeah, we may not quite. have all the numbers yet, but we are going to issue your permit with a clause in it that says we will go back and reexamine the permit and maybe allow you some credits for the Dixie drain project. So, we think it's very compatible and are working with the City of Meridian as well. My background coming out of the ag community -- my next presentation is to the Canyon County Shell Conservation Commission next week, because we are working on that side of it as well and -- but it's a new concept, there is some risk involved, but I think for the future of the valley and potential savings I think it's worth it. So, I'll shut up again and maybe you have got more questions for Dave and I after that. De Weerd: Dave, I guess I just have a question regarding -- on the TVML and the ag community. We are -- what is it -- eight percent municipalities are eight percent of the problem -- of the phosphorus problem and -- and where almost one hundred percent the solution is on our shoulders, which means that is past onto our rate payers. I mean it's -- unless the ag community is part of that TMVL and the phosphorus limit that force them to the table to be part of it, I don't see anything like that and that is why we really went to our own reuse program, because as far as we can tell so far we are in this on our own. Jones: Mayor, I don't disagree at all. The ag community has to be part of the process. And that's part of the EPA's challenge is -- as Dave said in his presentation, the ag community is not regulated, they have no way to get ahold of that problem. So, how do you incentivize them and that's what it's going to take is incentive to come to the table and be part of the process and they have in a lot of other places. Dave had a couple of slides of the Twin Falls Canal Company. Twin Falls Canal and Northside, which is the Jerome system, are way ahead of the ag community here in this valley. I'm not sure I Meridian City Council April 24, 2012 Page 15 of 75 can tell you why, but they have already automated their canals. The city of Twin Falls has got joint projects with the Twin Falls Canal Company. The slide you saw -- and more than one -- and they don't have a formal trading process, but they are using that as an offset. The city of Twin Falls bought a few acres of land and there is a great aerial picture and the canal company used their heavy equipment, they built the ponds and the structures that needed to be put in place. At the end of one of their drains. The city pays for the monitoring of the water quality in and out, but it's a joint project between the canal company -- the canal company built it and maintains it, because they have got the construction type equipment to do that. The city bought the land and the city pays for the monitoring fees and everybody comes out ahead and that middle Snake stretch of the river is much cleaner than it used to be. And there is a TMVL in place in that section of the river and has been for a long time and the ag community is participating voluntarily and happily in cleaning up their return flows. Twin Falls Canal has got several of those ponds constructed -- wetlands on their system from Twin Falls clear to below Buhl and the Northside Canal Company the same way, where they have returns -- particularly down in the Hagerman area, they have. done a constructive wetlands. They have got some in the Eden-Hazelton area. And, again, they are a long ways ahead, but they have seen the incentive to be both good citizens and good stewards and it really hasn't cost them anything. I'm a stockholder in the Twin Falls Canal Company and I can tell you that my maintenance fees haven't gone up in several. years, even though they have been doing these projects all along and working cooperatively. Money is an incentive and it's an incentive in the ag community. They are business people. If you can show them water savings, improved soil savings, better application of fertilizer and chemical products through precision ag, they will listen. They are interested. They will make sound business decisions if they see that there is an incentive in it for them to do it. Everybody has a need. The city needs to treat their water and figure out where to go with it. EPA needs to figure out how to get the river cleaned up and how to get the ag community to participate and the ag community has a need for better cooperation, better understanding, and to automate their systems to be more efficient in how they operate. Some of the trading pieces have not worked on an individual farm basis. For the City of Meridian to try to go out and find a farmer to work with -- very difficult. But collectively and working through the canal companies and the drains, it doesn't matter who farms this piece of ground this year, whether I rent it from Councilman Hoaglun and he rents it to Councilman Bird next year and I have moved on to another piece, the canal company services that same acre every year. They deliver water to it, regardless of who the farmer is. So, it becomes a way to manage the thing through much larger entities that have control of large blocks of land that they service. So, we think it's very doable and the collection of folks that we have put together come with a lot of gray hair and a lot of public service experience and we have no illusions about how complicated the process is, but we think it's doable. De Weerd: Warren, did you have any comments? Stewart: Madam Mayor, Members of the Council, you know, we did have an opportunity to meet with Doug and Hal and I have met with Dave and talked with Dave Meridian City Council April 24, 2012 Page 16 of 75 on numerous occasions and we certainly think this is an innovative idea. It's certainly an idea that -- on a high level has a lot of merit and we would love to see it be successful. I guess the only caution that I would have is that, you know, certainly there isn't a lot of -- of examples to look at to say here is how it's done, so there is a fair amount of risk. There certainly isn't a model project that we can say here is how we can do it here in the Treasure Valley. So, although I think on some level it's interesting, EPA certainly has on their national level said that they support this type of innovation, this type of idea, and we certainly are interested in it here at this -- you know, in Public Works. You know, the old saying the proof is in the pudding and it's -- you know, there is not a lot of examples to point at. There certainly is some risk. We are anxious to see what can happen, but cautious at the same time. De Weerd: Anything further from Council? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Just as an initial reaction, I -- you have brought the issues very clearly. We know that the restrictions on our nutrients, sediments, and temperature are going to get tighter and tighter and we are aware that you can't solve that problem by one solution. We cannot improve our waste treatment plant enough to solve that problem. We can add to that another program, our reclamation and distribution, but even those two together probably aren't enough. A trading credit system, as you're talking about, is probably going to be a necessary addition at some time. What Boise is doing -- we are going to have to do all of those things I think in order to get where we need to go. So, I certainly am in favor of exploring this. I'm happy to hear that you're not in front of us asking for 66 million dollars today. Jones: We could ask, but I don't think you would be very receptive. Zaremba: Yeah. I'd probably take a break. But I don't think we can eliminate any possibility to begin with. It does take a little more exploration. I appreciate Warren's comments. I haven't had the opportunity to discuss this myself with our Director Barry, because he's been very ill for the last few days and home, but I suspect that he would be willing to explore it as well. So, I guess I want to leave that on the table as saying I appreciate the presentation and it is something that we need to think about and our choice is not going to be one or the other, our choice is going to be all possibilities to do -- each to do a little bit of the total need that we have to solve and I personally like what you have presented, so I hope we continue to explore it. De Weerd: Thank you so much for being with us and to the rest of your team as well. Jones: Thank you for the opportunity to make a presentation and we will be more than happy to discuss with the Council collectively or any of you individually in more detail at Meridian City Council April 24, 2012 Page 17 of 75 any point, so thank you. De Weerd: Thank you. Rountree: Madam Mayor? De Weerd: Yes, Mr. Rountree. Rountree: This is a very good topic I think for one of our workshops where we can have some more time to contemplate this and actually sit down with these folks and our staff and roll up our sleeves and see where the risk really is and what the potential benefits are for us. I agree with Councilman Zaremba that it's certainly a tool kit option that we should explore. Whether or not we jump into it I have yet to reach that conclusion. But in finishing my comment, Rob, it's good to see you. I'm glad you're still around and your gray hair is getting grayer, as is mine. De Weerd: And I'm sure our staff will continue to work with them and bring back a recommendation to Council as well. Okay. Thank you. C. Mayor's Office:. Mayor's Youth Advisory Council (MYAC) Update De Weerd: We did move an item to 7-C from 10-A and so we have the Mayor's Youth Advisory Council report. Oh, see, you were hiding behind the Boy Scouts. I didn't know who we had tonight. Byers: Good evening, Council. My name is Josh Byers and I am the Meridian High representative on MYAC. I'm also an HB representative at Meridian High School. Baird: My name is Mackenzie Baird and I am the secretary of MYAC and I'm also next year's HB representative for Meridian High School. Byers: If you will excuse me, I'm a little bit under the weather tonight, so -- we want to thank you guys for the opportunity of speaking and reporting to you guys and I'd like to start off by saying that MYAC is ending the year with a big bang and we have an average of 40 members all time high for this time of the year, so we have lots of really involved students and we are looking forward to finishing the year really really well with a big bang, so -- Baird: Just recently MYAC has hosted a dinner auction that was a great success. We are very excited to provide a check to the Meridian Valley Humane Society and MYAC has remained very busy this spring. We are proud to see an anti-texting law signed by the governor and Mayor's Youth Advisory Council members partnered with SWAC to pass out reusable grocery bags on Earth Day this weekend. Meridian City Council April 24, 2012 Page 18 of 75 Byers: Friday at Wahooz Family Fun Center we have our tech event which we are throwing kind of a fun end of the year thing at Wahooz, kind of kids getting together and having fun and, you know, keep them out of trouble and all that stuff, so, yeah, we just wanted to kind of celebrate the end of the year and have that activity to get everybody together, so, yeah, that's this Friday. De Weerd: That's the Teen Activities Center. Byers: Yeah. Teen Activities Council. Yeah. Yeah. De Weerd: Or Council. Yeah. Baird: Tomorrow Mayor's Youth Advisory Council will be hosting a candidate forum, which is tomorrow and next Wednesday, where youth members will get the opportunity to learn more about their candidates and prepare their decision for who they want to vote for in the future. Also the Treasure Valley Youth Summit is an event hosted by the Mayor's Youth Advisory Council and it is scheduled for May 11th. This is where youth will get the opportunity to learn more about -- to learn more about drug prevention and -- De Weerd: Bullying and texting. Baird: Bullying, texting -- De Weerd: Or distractive driving. Yes. Byers: Last night was our last official MYAC meeting and Superintendent Luna came as our guest speaker. It was really neat to have Luna there. We -- we asked him a lot of questions, a lot of good ones, and it was really good to kind of see -- have him explain a lot of what was going on and kind of see what he had to say about it and it was really interesting to listen to. It's nice to know kind of what was going on. So, you know, this has been one of our -- he was a great speaker, but we have had lots of great guest speakers this year, so it was -- we have really enjoyed all the guest speakers, so -- yeah. Elections were held also for next year's leadership for MYAC -- Mayor's Youth Advisory Council, excuse me, and it was the best one ever and they are all looking really forward to it and I'm sure the Mayor is and it's looking really great and I'm ,sure they are going to be better than ever, so -- Baird: MYAC end of the year party is scheduled for Monday, May 14th, and the council is very excited and all Council Members are invited to attend. Byers: Thank you. Any questions? De Weerd: Council, if you mark that down on your pieces of paper, May 14th. 6:00 o'clock? Meridian City Council April 24, 2012 Page 19 of 75 Byers: Yes. Yes. 6:00 o'clock. De Weerd: Okay. Here in the conference room A and B. Right? Where are you doing it? Byers: I think it is in conference room A and B, yes. De Weerd: Okay. I thought I had better ask, instead of assume. Byers: And if it isn't we definitely will update you guys on that, so -- De Weerd: Okay. Rountree: Sounds good. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: Question. The candidate forum tomorrow tonight that's at 6:30 here at City Hall? Bird: 6:00. Hoaglun: 6:00? Somewhere I saw 6:30. Okay. And that is for 14 and 20 this week? Byers: Yeah. Fourteen and twenty. Hoaglun: Fourteen and twenty. Okay. And it's open to everybody in the community, not just MYAC members; correct? Byers: Of course. Hoaglun: Okay. Good. That would be great. Glad you guys are doing that. De Weerd: Yeah. They had great success with the candidate forum they did last fall and so they wanted to continue that forward to the primaries. Bird: They did the greatest candidate forum that I have seen done. Period. Last fall. Rountree: They did. Bird: Yeah. It was the greatest show that I have seen. I hope they do it every election. De Weerd: Any other questions or comments from Council? Meridian City Council April 24, 2012 Page 20 of 75 Rountree: Are either of you graduating this year? Byers: Yes. De Weerd: Josh is. Byers: I will be graduating, yes. Rountree: Well, congratulations and I wish you the best. Byers: Thank you. I appreciate it. De Weerd: And I'm sure you're glad to have senior project done. Byers: Yes. I'm all for that. De Weerd: Well, thank you, Mackenzie and Josh. It was nice having you here and we appreciated your report. Byers: Thank you once again and -- De Weerd: Thank you. Bird: Thank you. Item 8: Items Moved From Consent Agenda 61 and 6J moved to 8A and 8B H. Resolution No. 12-849: Adopting Analysis of Impediments to Fair Housing Choice Report and Fair Housing Action Plan Second Amendment to Development Agreement for Knight Sky MDA 11-011 Spurwing Challenge by The Club at Spurwing, LLC Located Northwest Corner of Chinden Boulevard and N. Linder Road Request: Amend the Recorded Development Agreement (Inst. #106122365) for the Purpose of Excluding the Property AND Creating a New Development Agreement to Include a New Project Boundary and Concept Plan for the Proposed Spurwing Challenge Subdivision I. Development Agreement AZ 11-005 and RZ 11-006 Spurwing Challenge by The Club at Spurwing, LLC Located Northwest Corner of Chinden Boulevard and North Linder Road Request: Annexation of 30 Acres of Land with an R-8 Zoning District and Rezone of 51.61 Acres of Land from R-4 (Medium Low- Density Residential) and TN-C (Traditional Neighborhood Meridian City Council April 24, 2012 Page 21 of 75 Commercial) to R-8 (Medium-Density Residential) (46.97 Acres) and C-C (Community Business) (4.64 Acres) Zoning Districts De Weerd: Thank you. Okay. There were two items moved from the Consent Agenda. Item I and J and so I understand that legal will be providing an update. Nary: Yes. Thank you, Madam Mayor, Members of the Council. We asked to move these two items. Normally when we get development agreements we get a signed agreement and, then, the ordinance gets on the agenda with the agreement and, then, we pass them through. We have kept these two agreements together, because there is a relationship between the Spurwing and the Knight Sky agreements and so the Spurwing one's been signed, the Knight Sky one we got an electronic signed copy today, but we don't have the signed -- the actual handwritten signed copy, but Spurwing is very anxious to get their project moving along, because they have got to get some grass growing and they have got to get some construction done and I didn't want to delay another week, unless that was your desire. I anticipate having the other signed copy of the Knight Sky tomorrow and so I was going to ask if you would be willing to approve it like you have done on occasions with liquor licenses that -- if we can get these signed copies before next week the Mayor can, then, sign it, we can move it forward. If you want to do that we can pass the ordinances tonight. If we don't get the signed agreement we won't publish the ordinance until we do. So, you won't be passing the ordinance out of -- out of whack with the agreements, we will still make sure we get them, but I didn't want to delay it another whole week if we didn't have to. I think they'd like to get moving along on the Spurwing projects. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: You have got the electronic signed copy you said so -- Nary: Yes. Bird: -- I have no problem with that. I -- Rountree: I'm okay with that. Bird: Yeah. We got ordinances coming up, don't we? Nary: Right. You can pass the ordinances tonight. They wouldn't be published until next Monday. Bird: Yeah. Nary: If for some reason they don't bring us a signed copy of the Knight Sky agreement Meridian City Council April 24, 2012 Page 22 of 75 before Friday, we won't publish the ordinances for the rezone, they will have to wait. So, again, it's -- I anticipate they will be here tomorrow. The attorney contacted me today and sent the electronic copy. They thought they would get it here by the end of business, but he didn't. But I anticipate it should be here tomorrow, so -- Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: Bill -- so, items 11-B and Care -- and D are the three ordinances that are impacted by this tonight? Nary: Yes. Hoaglun: So -- so when we get to that if we pass those with -- with conditions of receipt of the actual signed copy, as opposed to electronically signed. Nary: Yes. Hoaglun: Okay. De Weerd: Okay. So, Council, do you have a motion to approve these development agreements? We do need to approve I and J, contingent on -- my signature would follow the receipt of the original signature. Is that correct, Mr. Nary? Nary: Yes, ma'am. De Weerd: Okay. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: I would move that we approve the development agreements for Knight Sky, MDA 11-001 and development agreement for AZ 11-005 and RZ 11-006, Spurwing Challenge, contingent upon receipt of all signed development agreements and Mayor to sign and Clerk to attest once those are received if prior to next week. Bird: Second. De Weerd: I have a motion and a second on these two development agreements. Any discussion? Madam Clerk. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. Meridian City Council April 24, 2012 Page 23 of 75 De Weerd: All ayes. MOTION CARRIED: ALL AYES. Item 9: Action Items A. Continued from April 10, 2012: Public Comment on Proposed Outdoor Sales and Temporary Uses Code Update -Increased Time Limits for Temporary Sales Units and Garage Sales, Temporary Construction Site Standards De Weerd: Under 9-A we have continued from April 10th, a public comment on the proposed outdoor sales. I will turn this over to Mr. Nary. Nary: Thank you, Madam Mayor, Members of the Council. If you recall our earlier discussion on this temporary -- temporary sales changes, most of them were things that were not problematic. We were looking to expand the time period for temporary sales from 60 to up to 90 days. We were looking to change the current standard for garage sales from four garage sales within a 365 day period to simply at every calendar year. We were looking for -- making sure there was proof of permission for people to stack building materials in a roadway or on the right of way, as long as they had those permissions -- and all of those were fine. The one that was controversial was the limitation on the number of signs for outdoor markets. At the time we had recommended four, which was the maximum amount of signage that's allowed for any types of temporary sales units of any sort and the only -- the only sign regulation that we allow greater is for a valley wide event, the Parade of Homes, and that's because we consider each of those particular locations to be its own individual location. So, that's the only event that's allowed. Twenty signs of no more than six square feet were allowed for outdoor markets and up to four 32 square foot signs. We recommended four. The Meridian Market's proprietor was concerned about that. We decided to go back, sit down with him, and the Meridian Urban Market proprietor to see whether or not there was a different compromise that we could reach. The Urban Market person couldn't meet with us, but we corresponded through e-mails and, then, Mr. Egner from the Meridian Farmers Market was able to meet with us and, of course, he was very supportive of the 20 and, of course, part of the reason they are on a very large location. They have a lot of frontage along Eagle Road. Their market is, basically, along Eagle Road between approximately where Goodwood is at Presidential and it covers a portion of the parking lot there in front of Babies R Us and the Craft Warehouse and such and they use that entire frontage along Fairview -- or, excuse me, along Eagle Road and I think maybe part of Fairview to advertise their market and he'd like the ability to do that. So, we listened to that and we looked at that and felt that four probably was a little too small, because it really is so event specific and location specific. You know, if you look at, for example, from that Farmers Market to the Urban Market, the Urban Market was using just Idaho Street along Main, it's frontage, 20 signs would be an abundance of clutter in that short of space, so -- so, anyway, the committee -- we looked at it and, Meridian City Council April 24, 2012 Page 24 of 75 basically, made a recommendation of ten in trying to figure out a compromise between the 20 that's been allowed, which our notes didn't indicate there was any particular mathematical reason for that, to the four that that's the max that's allowed for virtually any other type of event, the -- the desire and direction of the group was to limit the time periods that the signs could be up, which didn't seem problematic. I think Mr. Egner said a majority of the time they are putting up their signs between 8:30 and 9:00 o'clock when they open at 9:00. They close at 1:00 and the first thing they do is take their signs down. So, we figured right now the max that is allowed is 24 hours. We think if they limit the amount of time periods that the signs are up, then, we felt also that ten signs was adequate for virtually most locations and that would still a compromise from what everyone else, whether it's a -- a temporary sales of a Christmas tree stand, a fireworks stand, whatever -- all the rest of those are only allowed up to four most of the time. So, this has allowed four 32 square foot and recommended now is ten of the six square foot signs. And I did correspond with Mr. Egner. I did tell him we would be talking about it tonight. He didn't seem to agree with that, I welcomed him to come and share that with you or to send it in writing and he wasn't able to do either I guess, so -- De Weerd: Thank you, Bill. Any public want to provide testimony on this item? Any questions from Council? Rountree: Madam Mayor, I'd just make a comment, in addition to what Bill said. We have had a sign committee meeting to look at some of the sign ordinances and although this is not in the sign ordinance portion of the Unified Development Code, they did talk about it and they were in general agreement with trying to limit the number and the size and I think the compromise that was reached was something that would have been acceptable to that committee as well. De Weerd: Thank you. Okay. Well, there is no public wanting to comment. Any further -- any comments from planning? Okay. Friedman: No, Madam Mayor. Thank you. De Weerd: Thank you. Okay. What's your preference, Council? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: First thing we better do is I move we close the public comment on proposed outdoor sales and temporary use code update. Zaremba: Second. De Weerd: Okay. Motion and a second to close the public comment on Item 9-A. All those in favor say aye. All ayes. Motion carries. Meridian City Council April 24, 2012 Page 25 of 75 MOTION CARRIED: ALL AYES. B. Continued from April 10, 2012: Ordinance No. 12-1506: First Reading -Outdoor Sales and Temporary Uses Code Update, Increasing Time Limits for Temporary Sales Units and Garage Sales, Adding Standards for Temporary Construction Sites C. Public Comment on Proposed Ordinance Regarding Smoking Product Sales and Consumption D. Ordinance No. 12-1509: Smoking Product Sales and Consumption De Weerd: Item 9-B is ordinance 12-1506. This is the first reading on the outdoor sales and temporary uses. Council, what is your preference on this item? We will go for first reading. Nary: Madam Mayor? Madam Mayor, Members of the Council, if we could just do the first reading. I noticed in the one that was submitted it doesn't have the limitation on the hours and so we want to make sure we put the limitation on the hours to like a six hour time period, rather than a 24 hour time period, so we can add that to next week and, then, bring it forward for second and third reading and approval if you would like. De Weerd: Okay. Madam Clerk, will you, please, read this ordinance by title only. Holman: Thank you, Madam Mayor. First reading of City of Meridian Ordinance No. 12-1406. An ordinance of the City of Meridian amending Meridian City Code Section 3- 4-3C5C relating to time limitations for temporary sales units, amending Meridian City Code Section 3-4-3C7E relating to number of signs for outdoor markets. Amending Meridian City Code 3-4-3CHB1 relating to frequency of garage sales. Amending Meridian City Code Section 3-4-3C9 relating to litter at construction sites and providing an effective date. De Weerd: You have heard this ordinance read by title only. Is there anyone who would like to hear it read in its entirety? De Weerd: Okay. We will move onto Item 9-C, which is public comment on a proposed ordinance regarding smoking and product sales and consumption. Bird: Do we need to act on that ordinance? De Weerd: No. We just had the first reading. We will bring it back for second and third. Bird: Oh, that's right. Yeah. Okay. Meridian City Council April 24, 2012 Page 26 of 75 De Weerd: See, I have the jet lag and you're the one who is -- Bird: I have got the age. Nary: Madam Mayor? De Weerd: Mr. Nary. Yes. Nary: Thank you. Madam Mayor, Members of the Council, this is the ordinance regarding the smoking rooms that we had previously discussed with you. We have discussed with the one local proprietor that has a smoke shop business and this didn't have any impact on him. We did send him a reminder we were discussing it tonight if he wanted to come, but I don't know that he has any other feedback. I'm not sure if -- don't think Lieutenant Overton has spoken with him. I think Mrs. Kane from my office has and he didn't have any real qualms with this. He felt this was reasonable and, again, it really is just impacting smoking on premises where they sell tobacco products and we don't want to have minors in areas like that. We don't want minors in smoking areas. They aren't allowed to serve food in smoking areas, so we are trying to make sure we separate bars and that environment from retail establishments. Hoaglun: Is there any questions, Council? Bird: I have none. Hoaglun: Is there anybody in the public who wishes to comment on this item? Okay. Zaremba: Mr. President? Hoaglun: Councilman Zaremba. Zaremba: I move we close the public comment on the proposed ordinance regarding smoking and product sales and consumption. Rountree: Second. Hoaglun: Have a motion and a second to close the public comment. All those in favor say aye. All ayes. MOTION CARRIED: ALL AYES. Hoaglun: Item D, proposed ordinance 12-1509 is before us. And, Mr. Nary, is this one good to go as is right now? Nary: It is. Meridian City Council April 24, 2012 Page 27 of 75 Hoaglun: Okay. Zaremba: Mr. President? Hoaglun: Councilman Zaremba. Zaremba: I'm not clear on whether we can move approval or whether we need to have a first reading. Nary: You can move to waive the readings and approve it tonight if you wish. Hoaglun: We will have the first reading and, then, I guess it's up to us to determine if we want to move forward or not, so -- Zaremba: I will wait. Hoaglun: Yes. So, City Clerk, would you, please, read the ordinance by title only, unless the Mayor wants it read in full. De Weerd: Yes. Madam Clerk, will you, please, read this ordinance by title only. Holman: Thank you, Madam Mayor. City of Meridian Ordinance No. 12-1509, an ordinance of the City of Meridian adding a new section to Title 6, Chapter 4, Meridian City Code, Section 6-5-8 regarding smoking product sale and consumption and providing an effective date. De Weerd: Okay. Council? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I move we adopt ordinance 12-1509 with suspension of rules. Rountree: Second. De Weerd: I have a motion and a second on Item 10 -- 9-D. Any discussion from Council? Madam Clerk, will you call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carries. MOTION CARRIED: ALL AYES. Meridian City Council April 24, 2012 Page 28 of 75 E. Public Hearing: TEC 12-007 Solitude Place by M2 Land, LLC Located Southeast Corner of N. Meridian Road and E. McMillan Road Request: Two (2) Year Time Extension on the Preliminary Plat in Order to Obtain the City Engineer's Signature on a Final Plat De Weerd: 9-E is a public hearing on TEC 12-007. I will ask for staff comment as I open this public hearing. Parsons: Thank you, Madam Mayor, Members of the Council. The application before you this evening is a preliminary plat time extension. The subject property is located on the southeast corner of Meridian Road and McMillan Road. The remaining acreage to be platted is in the red dashed line on the right -- on the exhibit on the right and the remaining acreage is 17.9 acres. All of the area is currently zoned R-8. Previous time extension. The applicant -- was approved by Council .in 2008. They have since commenced with number two. This would be the third final plat and the second time extension before you this evening. The applicant is requesting two years to sign that agreement. In 2009 the staff did process a development agreement modification that tied open space calcs and some building elevations to the site. So, we have addressed that as well. Since that previous time extension the UDC has been amended to adopt the new surety requirements, the one for performance surety, which required 125 percent bonding amount and also a three year 20 percent warranty surety. Staff is recommending those two new conditions be added to the staff report. The applicant has -- received public testimony from the applicant. We are in agreement with the new conditions. To staff's knowledge there are no outstanding issues before you this evening and with that I would be happy to answer any questions you have. De Weerd: Thank you, Bill. Council, any questions? Bird: I have none. Rountree: I have none. De Weerd: Okay. Does the applicant want to have -- have any comments? Okay. Is there any member of the public who would like to provide testimony on this item? Okay. Council, seeing none -- Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we close the public hearing for TEC 12-007. Zaremba: Second. Meridian City Council April 24, 2012 Page 29 of 75 De Weerd: I have a motion and a second to close the public hearing on Item 9-E. All those in favor say aye. MOTION CARRIED: ALL AYES. De Weerd: Mr. Rountree. Rountree: Madam Mayor, I'd move that we approve the request or TEC 12-007, subject to and inclusion of staff comments. Bird: Second. De Weerd: I have a motion and a second to approve Item 9-E. If there is no discussion, Madam Clerk, roll call, please, Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. MOTION CARRIED: ALL AYES. F. Public Hearing: VAR 12-001 Meridian and Amity by Hawkins Companies Located West Side of S. Meridian Road, Between W. Amity Road and W. Harris Street Request: Variance to UDC 11-3H-4 Which Prohibits New Approaches from ®irectly Accessing a State Highway to Allow Three (3) Access Points, Two (2) Right-In/Right-Out Access Points at the Eighth Mile and One (1) Right-In/Right-Out/Left-In Access Point at the Quarter Mile to S. Meridian Road (State Highway 69) De Weerd: Okay. Item 9-F is a public hearing on VAR 12-001. I will open this public hearing with staff comment. Parsons: Thank you, Madam Mayor, Members of the Council. The application before you this evening is for a variance to request an access to State Highway 69. The subject property consists of 73 acres. Council did act -- approve the annexation of the property back in 2010, I believe. The development agreement has not been signed, nor is the property currently annexed into the city, but the applicant does have until September 7, 2013, to initiate the signing of the development agreement. The biggest hiccup in signing that DA is, of course, the access that we -- that we will be discussing this evening. Right now the site is currently developed with single family residents. And also an office building. I believe last year the applicant went through the county and rezoned the Mussell property, which is this building here that fronts on Meridian Road. It has also been short platted, so since they acted on -- since the previous variance Meridian City Council April 24, 2012 Page 30 of 75 application this site has, again, gone through that rezone and there is also now multiple property owners involved in the annexation request as well. Or at least the variance application, too. Here is the concept plan that was presented to you with the annexation of the property. This exhibit shows what the applicant is wanting to do. Again, three access points. There is one at the eighth mile along the north just south of Harris Street. That is proposed to be a right-in, right-out only access. At the quarter mile the applicant is proposing aright-in, right-out and left-in access point, so three-quarter access and, then, a quarter mile north of Amity Road the applicant is proposing another right-in, right-out to State Highway 69. The other issue that is -- the other item that has changed is ITD has granted the permit for the construction of his access points. If you recall the previous application ITD did not support any access to Meridian Road and that led to numerous continuances and ultimately a withdrawal of the application. Staff also had some other -- city staff that could act on the application as well and so what we did is we routed the final CIS study to our Public Works Department, particularly Mr. Stewart and Mr. Tim Curns, who is our transportation coordinator, and they provided some testimony for you and, basically, went through the CIS and before you this evening I have this exhibit that kind of depicts what their findings were of that traffic study and, basically, their recommendation to Council is that the site could be adequately served with aright-in only access point to Meridian Road. I'd also point out to Council that staff engaged ACHD once again on this application and they did communicate to staff that they support their finding from the previous traffic study. They do not support access to Meridian Road and they believe the site could function without any additional access points to Meridian Road. So, basically, as you -- as Council is aware, we do have some UDC standards that the applicant has to comply with in developing or intensifying the use of the property and I will go through those very quickly just to kind of get you familiarized with how staff made the findings for denial on this project. As I showed you earlier, the site is pretty much agricultural and so under the UDC once you intensify that use access -- existing access approaches shall cease and no new accesses should be approved with that intensification. Again, on the concept plan, if I could go back here, the applicant is going to be required to construct a backage road here and also will have additional access points from Harris Street at the half mile and also Amity Road at the mile point, which is also consistent with the UDC. Also, I'd like to point out again that ACHD did provide comments on this and they were, again, in favor of no access to Meridian Road and thought that the commercial development or mixed use development could function without access to Meridian Road. And, lastly, I'd like to point out to Council, again, Mr. Stewart and our Public Works Department commenting on the traffic study that says aright-in -- or right-out only would be adequate to serve the -- so, basically, staff feels that these -- the intensification of the use -- other agencies commenting on no access and, of course, our other staff members kind of supporting that theory, staff did not need the recommendations under the ordinance providing -- trying the variance. So, basically, staff is in approval that granting a variance would -- would grant a special privilege or right that others don't have. It does not -- there is no undue hardship due to site characteristics. The applicant is willing to build that backage road and provide additional access to Harris Street and Amity and, then, also with cars that -- there is a Meridian City Council April 24, 2012 Page 31 of 75 potential -- potential for increased accident as cars exit the site onto a 55 mile an hour freeway, so staff has concerns that there is definitely a public safety concern and I believe Mr. Warren and Tim -- Mr. Curns supported that in their memo to you as well. So, with that staff is recommending denial of the application and I would be happy to answer any questions you may have. De Weerd: Thank you, Bill. Council, any questions? Bird: I have none. Rountree: I have none right now. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Oh, I'm sorry. Bill, clarify for me -- Harris Street -- did you say that's on the half mile? Parsons: Councilman Zaremba, that is correct.. Zaremba: And does that align with what I saw in our previous map of what I think is Rumple or Rimple -- Rumple it looks like across the street? Parsons: Councilman Zaremba, yes, that is correct. Zaremba: And that's likely to be signalized at some point, since it's on the half mile? Parsons: In the permits that were granted by ITD, one of the mitigation factors was the applicant was to construct that intersection and provide signalization for that intersection at the half mile. Zaremba: Okay. Thank you. Hoaglun: Madam Mayor? De Weerd: Yes. Hoaglun: Question for Bill, if we could go back one slide. I was just curious on Harris and for Amity as you're -- as you're headed south are they going to have a right turn only lane at Harris and Amity or is it just going to be two lane as you head south and, then, that would -- the right lane would function as a through lane and a right turn lane? Parsons: Councilman Hoaglun, if I hear you correctly, I think you're asking will there be a deceleration lane. Meridian City Council April 24, 2012 Page 32 of 75 Hoaglun: Yes. Parsons: That would be correct. ITD has conditioned them to provide that. I'm not sure if it goes to the -- Mr. Splett is here from ITD and he's more familiar with ITD has granted them, so maybe I'll defer that to him and let him kind of take the reins on that for you. Hoaglun: Okay. Good idea. Thanks, Bill. De Weerd: Okay. Would the applicant like to make comment at this time? Good evening. If you will, please, state your name and address for the record. Whailon: Madam Mayor, Council Members for the City of Meridian, my name is Brandon Whailon. My address is 855 Broad Street, Suite 300, and that's in Boise, Idaho. 83702. De Weerd: Brandon, you want to pull that mike up a little bit? Thanks. Whailon: Thank you. We are pleased to be before you here tonight. This has been a very detailed application. There have been many applications made before this city, as Bill stated. We had a -- we started with a comprehensive plan land use amendment. We also had annexation and rezone hearings both before the Planning Commission and the City Council and, then, we got caught on the development agreement stipulation that no access would be granted to State Highway 69 or South Meridian Road. So, then, we were involved in a process of challenging that decision. And, then, we did reach an agreement with ITD and we pulled that challenge from the court system and we are now before you here tonight to seek variance from your standards to allow access from our property onto the state highway system. We believe that the merits of our application do warrant the consideration to vary from your codes. We believe that the -- the design that we have put forth stand on its own. We understand that when you allow more access, there is the potential for more conflict. But we think that the design that we have put before you, coupled with the -- the other improvements that are scheduled -- there was a question earlier asked about a dedicated right-hand turn on Harris and Amity and we do believe that those are scheduled. Dedicated southbound right-hand turn lanes will be provided. There will be -- that's part of the channelization. But there will be improvements made to the signalization both on Amity and a new signal on Harris, which will help -- help the mobility, as well as providing the access to our site. Our design also has dedicated deceleration -- deceleration lanes, so when somebody wants to access one of these three access points that we are proposing, they can get off of the state highway system, decel, and, then, make the turn onto our property, will not inhibit those that are more concerned with mobility to continue south on South Meridian Road. So, at this point in time we are asking you to approve our variance request, allowing three access points to our mixed use development on South Meridian Road. We feel that our application, based upon its own merits, meets the Meridian City Council April 24, 2012 Page 33 of 75 requirements identified by the Meridian UDC, by the criteria listed within for a variance. The first one states that shall not grant a special privilege that is not otherwise allowed in the district. And we have noticed that there are 11 full access points and two right-in, right-outs -- two right-in access points from I-84 to our site and so we feel that this is -- access to the state highway system has been allowed in the past. A portion of our decision to buy the property was that there were seven deeded access points conveyed to the property. We are only asking to exact three of those access points. So, we are hoping that the access points that were deeded to our property owners -- we are only asking that -- three of those to be used. Item No. 2 states that the variance relieves an undue hardship because of characterization of the site. Again, our site is a half mile long in length along South Meridian Road, with a residential street to the north, Harris, and, then, we have an arterial to the south, which is -- which is Amity. And the comments -- our site design we felt that allowing multiple access points to our site would alleviate congestion in any one -- one center and we feel that if access was only provided to our site on Harris and Amity, that it would overload those systems and create congestion problems in the vicinity. So, not allowing the access would create undue hardship within the vicinity. And those comments were actually solidified by ACRD in their comments that they submitted in 2008. They do state that Amity Road would have congestion problems if that was the only access to their site, but they were willing to accept that degradation. But they recognized there would be degradation to their facilities if no access on South Meridian Road were allowed. And, thirdly, the variance shall not be detrimental to the public health and safety and welfare of the general public. And as I stated earlier, we feel that our design stands on its own merits. We feel that plan improvements to signalization to Harris and Amity, the right-hand turn lanes -- the dedicated right-hand turn lanes for southbound traffic, both on Harris and Amity, coupled with our site properly spaced -- our properly spaced access points, improved with deceleration lanes and a median restricting left-hand movements out on South Meridian Road, will create a situation where mobility is preserved, access is provided, without sacrificing safety. At this point in time I would stand for any questions, but I would also let you know that we do have our consultants from Kittelson and Associates, if you have any questions about the detailed designs or about the details of our designs, he would be able to speak to that in a more educated manner, but I would be free to answer any questions that you may have. De Weerd: Thank you. Council, any questions for the applicant at this time? Rountree: Madam Mayor, I'd like to see the specifics of the design. I would like to see somebody stand up and say that the safety of Meridian Road will not be compromised by these accesses, either a representative from Kittelson or ITD or both. I have read the memo, I see what you're saying, but I don't have the specific design details. If they are the standard designs that have been used, for instance, on Eagle Road, they don't work and they are not acceptable. So, I would want to see those specifically before I could make any kind of a determination for whether or not there is any compromise or not to the public safety, which is our number one issue. Meridian City Council April 24, 2012 Page 34 of 75 Whailon: Absolutely. Rountree: My number one issue. Whailon: Both of those people would be willing to speak. De Weerd: Please state your name and address for the record. Daleiden: Andy Daleiden with Kittelson and Associates. Address 101 South Capital Boulevard, Suite 301, Boise, Idaho. 83702. De Weerd: Thank you, Andy. Daleiden: Thank you, Madam Mayor and Members of the Council. I'm a senior engineer with Kittelson and Associates. I have been working on this project since 2008 when we developed the traffic impact study. Tonight I'd like to go through a couple elements associated with the access points as part of the overall access proposal for State Highway 69. A couple elements just for background. I know staff and the applicant have talked about this, but first the three access points are part of the proposal. There are two right-in, right-out. driveways, which are shown in the green circles and, then, one right-in, right-out, left-in driveway shown in red. This access proposal, as noted, was approved by ITD in March 2012. A couple things associated with the design of the access proposal. First, these -- the driveways themselves that are proposed, the deceleration lanes, that is the southbound right turn lane associated with the -- the driveways at each location, meet ITD and AASHTO's design standards. AASHTO -- American Association of State Highway and Transportation Officials. They have a manual that provides geometric design standards for all types of roadway facilities that as engineers we utilize in the design. The key elements that I'm going to touch on here are, one, the right turn lanes and, then, also the raised median, which both provide an -- provide the access plan on State Highway 16 to provide accessible traffic operations and mitigate the safety concerns that have been raised. The proposed right turn lane design at the three access -- so, the first is for the southbound right turn lane that there is a full width lane associated with that right turn. There is the associated taper length that would be provided for that to meet ITD and AASHTO design standards fora 55 mile per hour facility. The safety enhancements here associated with the right turn lane, there is really two elements. One is the deceleration lane provides the opportunity for vehicles traveling southbound, who are making that right turn, to separate away from vehicles that are traveling south as through traffic. So, they are able to diverge or separate, which reduces the potential conflict that would be there if you were providing that deceleration lane. The second part is the right turn vehicles, as I say, are able to utilize that lane, they are able to slow down and begin to slow down to a point where they are able to make that turn into the driveway at an appropriate turning speed. The other part to this -- and in this case what's shown is there is a channelized island. That channelized island is there as striping. It's pavement marking that's there for the -- into the right turn to direct -- provide positive Meridian City Council April 24, 2012 Page 35 of 75 guidance for the southbound right turn into the driveway. The reason it's -- it's not shown as a raised median there for that location is because we have araised -- as part of the proposal is a raised center median, which is shown in the black. And I will get into a little more discussion on that. On the next slide the proposed raised median on State Highway 69, which is proposed to extend from Harris Street down to Amity Road, it would be a full raised median to provide a -- a physical barrier between several of the movements. One, it addresses the concerns for through traffic on State Highway 69, providing a raised median, provides the positive the positive guidance in terms of traveling north and south. It also reduces the conflict associated with the potential head on type crash for that segment of State Highway 69. The second part is the raised median provides the element of reducing vehicle conflicts out of the site. So, many of the access points that were referred to on Eagle Road have -- are a full access or they might even be developed as a right-in, right-out, but because there isn't a physical barrier along that -- that highway, it doesn't prevent vehicles from turning out of the site and so in this proposal the raised median provides that physical barrier and provides the guidance for vehicles to travel out of the site as a right turn and not be able to make that left turn out. The last part associated with the raised median is the buffer that it provides for through vehicles and turning vehicles. This access that's shown right now, this is the middle access, which is the right-in -- proposed right-in, right-out, left-in and the raised median provides the separation between the opposing through traffic to provide a physical barrier between the northbound left turn into the site and the southbound through traffic. And just a couple of closing statements and, then, I will open it up to any questions you may have. Where we see this as -- this access proposal as a good plan for this development, one is it restricts left turns out for safety. That, typically, is the most critical -- the critical movement out of a -- out of a driveway is that left turn out, both from a traffic operation and safety perspective and so this proposal restricts all left turns out in terms of providing it through the right-in, right-out channelization, as well as through the raised median on State Highway 69. The second part is it provides the best operational performance in terms of achieving the level of service at Harris Street, at Amity Road, State Highway 69, as well as at the other access points that are part of this development. It provides the most balanced distribution of traffic entering and exiting without compromising the safety aspects through going to full access. If you had full access on State Highway 69 between Harris and Amity, that would distribute traffic the best, but that's been restricted to address the safety conflicts and provide a reasonable proposal on State Highway 69 in this half mile segment and so -- and the resultant is out of the access scenarios that were looked at, this provides the best operational performance. The lastly -- the last point is that looking State Highway 69 as an entire corridor, this opportunity to provide a raised median to look at a half mile segment and providing driveways that are right-in, right-outs with deceleration lanes as part of development proposal at the start allows the opportunity for a corridor to be developed with reasonable access while balancing both traffic operations and safety on the corridor. De Weerd: Thank you, Andy. Does that answer your question? Meridian City Council April 24, 2012 Page 36 of 75 Rountree: Madam Mayor, you show -- you pointed out two intersections or two points of access. I believe the third point of access would be the same with raised median access -- or raised median -- center median. Daleiden: Yes. Yes, Councilman Rountree, Madam Mayor, the -- all three access points provide the southbound right turn deceleration lanes as shown and, then, second, the raised median is part of that and that raised median extends from Harris Street down to Amity Road. Rountree: Where you have the three-quarter access would U-turns be prohibited? Daleiden: That -- the U-turn question -- we haven't -- that hasn't come up in terms of discussion. Right now we would -- it probably would be restricted, but if that was something that -- from an agency perspective that would be looked at, then, that would be explored further. Rountree: And, finally, you identify yourself as a senior engineer. Do you go by the title of a traffic engineer as well? Daleiden: No. I'm a registered civil engineer. For 12 years I have been practicing as a transportation engineer and have developed over 100 traffic impact studies, as well as corridor plans for public agencies. Rountree: Okay. Thank you. De Weerd: Any other questions? Mr. Hoaglun? Hoaglun: Yes, Madam Mayor. Thank you. Andy, just aquestion -- since I'm not a traffic engineer. There is no acceleration lanes for those right -- right-in, right-outs on that -- is that -- is there a reason why we don't use those -- those aren't utilized? Daleiden: Council Hoaglun and Madam Mayor, the acceleration lanes at -- at the driveways -- the element that comes up is, one, when you're looking at this design, providing the acceleration lane would start to have an impact on the deceleration lane areas as you go down along that corridor. So, providing that would end up turning -- would end up being a resultant for the acceleration lane is actually more of what's called an auxiliary lane and so you really don't have any designation in that segment between a southbound right turn turning into the site and asouthbound -- and a right turn leaving the site to accelerate. They end up becoming part of -- really part of their own system and from a safety standpoint we will look at the right turn out in terms of are there -- is there the ability for that vehicle to turn out and find a gap in the traffic stream and given that there are signals along this corridor that is a -- that supports that element in terms of the metering effect that would occur from -- from traffic signals and being able to find gaps within the traffic stream, even in those heavy -- heavy peak flows. Meridian City Council April 24, 2012 Page 37 of 75 Hoaglun: Okay. So, from what I understand, then, you want that traffic, when they make that right turn, to get out into that lane and go forward and, then, other traffic that might be decelerating that can veer off and go into a decel lane and do that. And did I read somewhere -- I think it was these are approximately -- approximately 660 feet apart from each -- each drive? Daleiden: Yes. Approximately. Hoaglun: Okay. Thank you. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Extremely uncomfortable. Just -- to me it's proposing to repeat errors that we have discovered don't work on Eagle Road. Highway 69 is going to be a major corridor. I understand the statements and opinions that you have given. I don't see any statistics to support them necessarily. But help me -- help me understand what kind of traffic volumes you considered for Meridian Road. Are you guaranteeing that this is safe at full build out. of Kuna and Meridian, which means about four times the current traffic? What statistics are you using? Daleiden: Councilman Zaremba, Madam Mayor, the traffic volumes that were used to analyze this corridor, they were collected in 2008 to start at the beginning of when we were developing the traffic impact study. The State Highway 69 corridor along the site frontage there, daily traffic volumes at that time was 24,000 vehicles per day. The projections were looked out to -- at that time five years to 2013, but looking out five years you could use a similar assessment here at this stage and projections on this roadway were at 35,000 vehicles per day and that includes the traffic associated with background growth from -- from the region, based on the land use -- the approved land use projections at that time associated with a complex regional demand model. And, then, second it also includes the development associated with -- with this -- with this development. Currently right now looking at Ada County Highway District traffic count on State Highway 69 in this location right along the site frontage current volumes are around 21,500 vehicles per day and so we have actually seen -- right now from a standpoint seen a decline in traffic volumes, but our proposal is looking out into the future to accommodate the regional growth in the area and the traffic conditions that would be there and found that traffic operationally -- it provides acceptable operations with the driveways and with the design elements associated with the right turn deceleration lanes and -- Zaremba: Until 2013 you said. Daleiden: We looked out into 2013 initially and, then, also looked out to 2030 as part of the planning year horizon. Meridian City Council April 24, 2012 Page 38 of 75 Zaremba: Okay. I didn't hear that part. De Weerd: Any other questions from Council? Did you have comments over there? Niemeyer: Madam Mayor, Members of the Council, from the fire department perspective as I look at this layout, we do have concerns over this, especially with what you're seeing on the screen currently. This is a recreation of Eagle Road in front of St. Luke's. I have traveled this Highway 69 several times responding out to the southern portion of our district. I can tell you I have used the middle lane many times. As traffic gets clogged and backed up even more, that open middle lane is going to be a necessity. If you look at how this lays out currently, if you have those -- those middle obstructions and that southern -- those southern lanes are blocked, it's going to force us into oncoming traffic or significantly delay a response. I have seen this on Eagle Road in front of St. Luke's where we have had to either get up on the curb and try and ride it, as opposed to Eagle Road between Franklin and Fairview that has a middle lane that's open. Some people would say why don't you just wait until the lane opens up, but if I can get to the left side of a vehicle, they can clearly see me, then, they don't -- they don't pull out in front of me and I still have an open lane of traffic. So, personal experience southbound on this road in the area that's behind discussed, we have had to use that middle lane that's currently open. De Weerd: Okay. Any other questions or comments? Lieutenant Overton. Overton: Madam Mayor, Members of the Council, I don't have any questions in relation to his presentation, but I have comments afterwards on the project. De Weerd: Okay. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: This is sideways subject, not the subject of what we are doing tonight, but as long as the fire chief is here, I would ask acomment -- there was some discussion about how close one of the buildings is to the Williams pipeline and I know we have had people studying that and discussing it -- De Weerd: Mr. Zaremba, I think we will just keep it to the access points tonight. Zaremba: I can't ask that question. I'm sorry. I said it was sideway. De Weerd: It -- it is, even in my mind tonight. Anything further on -- for Andy? Hoaglun: Yes, Madam Mayor. One question, Andy. On the right-in, right-out islands Meridian City Council April 24, 2012 Page 39 of 75 that are there, on Eagle Road there are some that -- they really don't work. I mean people turn left and they are not a barrier to making that left-hand turn. How are these different than what we have seen on Eagle Road currently? Daleiden: Council Member Hoaglun, Madam Mayor, the right-in, right-outs here and the point about the difference between this proposal and Eagle Road and the ability for a right turn vehicle leaving the driveway and turning -- and resulting in it being able to make a left turn out onto the facility, that's the reason why we have the raised median. Hoaglun: Okay. Daleiden: The raised median provides that that restriction and provides that positive guidance for directing folks through the -- there is a channelization that's striped at the right-in, right-out driveway -- let me go to the closeup. Hoaglun: Andy, (might -- I'm sorry. I wasn't real clear. I was thinking of the police chief -- or fire chief's comments there about the median issue and Eagle Road does not have median in that -- in those particular areas at Lowe's and whatnot and so these -- these aren't any -- if we have to do something with the median, we will have to do something with that curbing to make it hard for people to -- to go left, either coming in or coming out. So, these are the same as what currently is in Eagle? Because of the median in the middle right now they don't have to be bigger, so they are fairly basic. De Weerd: In front of St. Luke's? Hoaglun: In front -- well, I was thinking over by Lowe's. In front of Lowe's and Famous Dave's and down over there. Those are right-in, right-outs, but people pull in and go left into the development without any -- hardly any hindrance. They just have to do a little bit of a -- a loop on it, but not much. De Weerd: Those designs are horrible. Hoaglun: And, then, what I want to find out, Andy, are those -- and I know you have the median here, so I'm trying to think, okay, is it the same design that we are looking at right now? Daleiden: Council Member Hoaglun, Madam Mayor, this design is -- is much different than what you see on Eagle Road. The element of having a raised median for a half mile segment with having right turn deceleration lanes at the driveways, is considerably different than that corridor. This -- this design is a very common approach to access management throughout the country in more of a recent time period than what was -- what has been done over the history of projects and so in this case the -- the raised median, that component, there is a lot of ways that that can be designed in terms of how it looks, the width of it, the size of it, there is a lot of elements that could be done to that, but the proposal is that there would be some sort of raised median on -- on this segment Meridian City Council April 24, 2012 Page 40 of 75 of corridor to prohibit that left turn out that you're referring to. Hoaglun: Okay. And I just have one last question to ask you that I will probably ask ITD and ACHD and that is if we were to do something like this, as you're proposing, and we were setting up -- we would set a precedent and, then, if that were to occur on every mile stretch for a half mile from Meridian city limits to the city of Kuna, they adopt the same thing, from your opinion are we still allowing efficient traffic flow or do we have a problem, based on your experience? Daleiden: Council Member Hoaglun, Madam Mayor, the -- the mobility on the corridor when you're looking at -- at these segments -- Hoaglun: Yes. Daleiden: -- an access point, anytime you're at an access, it does have the potential for affecting -- having the effect on the flow of traffic. The design elements that we start with and that goes to -- if you start with a full access that's going to have significantly more impact on the flow of the traffic there from an operations standpoint, but also of safety. And as we are looking at this proposal we are starting to restrict turn movements to get. to a point where you're able to mitigate the impacts on the traffic flow to a minimum. Can I say that it's going to reduce it to -- and have no effect? I can't -- can't make that statement, but I can say that we are mitigating the effects of the -- the right turn traffic that is -- that would be decelerating by providing that right turn deceleration lane. There may still be inherent reduction in traffic mobility on a corridor, significant by no means -- I don't think it would be. But there will be some. Hoaglun: Okay. Thank you. De Weerd: Okay. Any further questions? Zaremba: Madam Mayor, just a short one. De Weerd: But I will say your answer has to be ten words or less. Zaremba: Just review for me the accesses that have been proposed on Amity if you would. It looked to me like there is one road, backage road, and, then, two driveways? Am I seeing that correctly? There was a larger representation in -- somewhere we had a larger picture of that. Daleiden: Yeah. Maybe we can bring up the other one, Bill. Thanks. Essentially on Amity -- on Amity Road there are three access points proposed. The first access point where the arrow is, that's aright-in, right-out and the mid -- middle access point that's a full access as proposed and, then, the backage road is a full access. And the intent here is to -- is to provide a full distribution of the site to be able to both access Amity Road, Harris Street, as well as State Highway 69 in a balanced manner. Meridian City Council April 24, 2012 Page 41 of 75 Zaremba: Thank you. De Weerd: Okay. Anything else from Council? Rountree: Just semantics here, but, Andy, you indicated with Mr. Hoaglun's question that any point of access has the possibility of affecting the traffic continuity or -- can you, in your infinite wisdom give me an example where that wouldn't be the case? Daleiden: So, Councilman Rountree, Madam Mayor, if we were to provide an access point with a deceleration lane, you know, that extended all the way back to -- you know, for an extended distance, you know, that has the potential maybe not to have -- see that impact. If you were to do a formal research study you'd probably come away with there is still a firm reduction. The numbers that I can, you know, cite in terms of conflicts, in terms of adding access, you know, .25 miles per hour affects -- you know, per access. And, you know, over -- as you increase and that access element in that statement needs to be couched with an element of that's based on looking at -- you know, most likely, you know, full access elements. But to restrict that, that affect may be less on the traffic flow. So, the research that's out there, it's not looking at just the right-in, right-out -- the right-in, right-out, left-ins, and full access, it's combining that all into a pot and so that reduction that I'm referring to -- that's based on, you know, having an access and it could be a full access type element, the affects are .25 miles per hour. Rountree: Of the overall overage? Daleiden: Overall average. Rountree: Okay. De Weerd: Okay. Rountree: Thank you. De Weerd: Thank you. Daleiden: Thanks. De Weerd: Okay. Dave? Splett: I don't suppose I can pass on this one? Rountree: You might wish you could. Splett: My name is Dave Splett. I supervise the access management group for ITD District Three. Our address is 8150 West Chinden, beautiful Garden City. I have a very Meridian City Council April 24, 2012 Page 42 of 75 short -- sorry? De Weerd: And he did sign up as neutral. Splett: Yes, ma'am. De Weerd: I just wanted to point that out. Splett: All right. Which is really going out on a limb; right? Okay. I have a very short thing to say. I suspect you may have a question or two for me at the end. ITD did grant the three accesses that you have seen in the many graphics. All three as shown have some level of left turn controls. The final design of each access is conceptual at this stage, because none of us know what the exact land use plan is going to be. We tied their final design plans into the land use plan that your city approves. But the graphics that they showed you are accessible to the district based on the land use plan that's shown -- that was shown to the district also. All three of those access permits are -- are contingent upon the city accepting them. ITD's actions do not require the city to do anything. That's the end of my brief presentation and I suspect there might be a question or two. De Weerd: Thank you, Dave. Splett: Thank you, ma'am. De Weerd: Mr. Rountree. Rountree: Madam Mayor, thank you. Dave, the information we got from ITD -- your letter with the attachment identifying what was going to occur based on the conceptual plan was mute really and truly on the point of safety. Our concern is -- is the safety in this corridor going to be compromised. And by that is it going to be a significant impact or is this something individually or in combination with other similar events on Highway 69 going to create another Eagle Road? We live with that every day, as do you. We don't need another one. Splett: Mayor and Council, you're right. In fact, I have to live with this more, because I live in Kuna, so I get to pass it every day. ITD's focus and our mission statement has evolved over time. In the past all we wanted to do was move cars. The current administration and our legislature have shown us the light and encouraged us to place greater emphasis on economic development. The recommended plan and the approved permits are considered by ITD to be a balance of traffic operation safety and support of economic development. Anytime you add an access -- as Andy explained, anytime you add an access or a car or a truck or a bike or horse, you -- I stretched the truth on the horse part. But you always decease safety. The district's position, though, is that the site has mitigated it's impacts as well as can be and the approved plan balances the district's mission statement. Meridian City Council April 24, 2012 Page 43 of 75 Rountree: Madam Mayor? De Weerd: Yes. Rountree: If I might. And I have read that. My question to you is how do you do that balancing act? I don't see an analysis. I don't know that the department has an economic modeling tool. Actually, I do know they have one, but I'm pretty sure they don't know how to use it yet. So, is this just based on the idea that there might be some businesses out there and that's a good thing or do you have a way of balancing that, other than subjectively? Splett: Madam Mayor and Council, that's an extremely difficult question. Rountree: But it's an important one to have an answer. Splett: Yes. And I have an answer, I just have to make sure I say it clear and concisely. But I don't really want to. No, I'm just kidding. This is a difficult thing and because it's so difficult this project and the decisions were made at a level higher than mine. I don't know the exact wording and how all the balances were made. I know the decision was made and I know I'm applying it. And I wish I knew more, but I -- it was just -- it was made outside of my office. Rountree: Madam Mayor. I can appreciate that, Dave, but I -- I think somewhere, some place that decision needs to be documented on how it was derived, because that is -- that's the -- that's the tipping point here -- Splett: Yes. Rountree: -- in my opinion and I know in your -- in your previous life and other employment you have gone by the title of traffic engineer and I'm going to put you on the spot and I don't mean to, but as a traffic engineer and not an ITD employee, can you stamp these plans as a professional engineer? De Weerd: You don't have to answer that. Splett: That's what I was going to say. I don't have the authority to do anything. Rountree: Thank you. Splett: The decision was made elsewhere. Rountree: Thank you. Splett: But you -- but you folks are --are right, it is a balancing act. Meridian City Council April 24, 2012 Page 44 of 75 Rountree: Yeah. Splett: And you have to balance what is important to you. ITD has already decided what's important to them. Our actions do not force you to take an action. Rountree: We understand that. Thank you, Dave. I didn't mean to put you on the spot. Splett: It's happened once or twice before, so -- Rountree: I'm sure it has. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: If I might try something here and the same question I asked Andy. Because the dorma is this: I mean businesses need access, they want access, they look at the traffic volumes and future traffic volumes, hey, that's a great number with a good customer base going by our stores. This is a good place to locate. So, we provide them the access and, you know, ITD is saying, hey, that's economic development, we want that, so, okay, that's fine. But when I -- when I -- and I'm not a traffic engineer, so, then, I try to look out and say, okay, if we replicate this on every mile and whether it takes ten years, 20 years, 30 years, if we do this same thing I don't want to cause a situation where it's bad for businesses to be located there, because we have created a gridlock situation. So, that's the balance I try to find is, okay, how does this work? So, if I can kind of have you extrapolate -- if you look down with your experience, you have something like this on every section and it's on the east side and it's on the west side, different and alternates and we go with something like this and these traffic counts are doubled, as we saw the growth on Eagle Road, it just exploded and we are dealing with those type of things, are we getting close to gridlock that it becomes bad for business and bad for economic development. Splett: Madam Mayor and Council, what -- what you're saying is are the roads going to get so congested nobody drives there anymore, is that kind of -- Hoaglun: If we -- if we adopt this type of access or are there other ways of handling this that are better. Splett: If you want to move cars you have no access and no signals and a flat straight road. If you want economic growth you have driveways every 12 feet. If you want to balance them you put accesses at the 1/8th mile. And I can't tell you what you choose to do with your city. I can tell you that from our standpoint, although there is a decrease in -- sorry there will be a decrease in safety, it's mitigated by the site impacts and balancing that with the district's mission statement our administration decided this was Meridian City Council April 24, 2012 Page 45 of 75 the proper solution. Hoaglun: I understand that and I appreciate that. And the other balance for us is the safety aspect transportationwise, economic development, and, then, we enter in the fire department and the police department equation of that, of their safety response, and how do we -- how do we make that all work and it's -- it's not easy. De Weerd: I guess that goes back to Councilman Rountree's question, if you took that corridor and had an access every 8th of a mile is that going to be a safe corridor? Splett: The interstate has no accesses, except at two mile intervals and we have an accident rate of about 1.4 accidents per million vehicle miles. Fairview has about three or four times that accident rate. Okay. But there is no businesses on the interstate. So, it's up to you folks to figure out whether you want businesses or not. If you look at the interstate all you have is subdivisions and mini storage and industrial parks and Caterpillar tractor places that back -- that back up to it and nobody has any access. But you go down Eagle Road, you get Rosaur's and G.I. Joe's -- I guess that's gone now. Lowe's and you get Albertson's and those kinds of things. And the city has to make the trade off of what you think is -- is best. If you can stay to our 8th of a mile access, then, it's acceptable to us. If you go past that it's not acceptable to us. If you want to go less, that's your business. I'm sorry. If it helps you, having done this for a couple of years now, you can -- you could graph -- and everyone has -- graph the change in accident rates with the increase in number of access points. Okay? And there is a general increase. I can't point to this, but you know what I mean. But the increase only goes up once you get past about ten accesses per mile. So, you can stay two, four, or six, like that, you will have a higher accident rate than the interstate, but it's not much more. Once you get past that is where you have issues. Eagle Road is still safer than Fairview is and Eagle Road carries more cars at a higher speed. So, someplace we and you have been able to balance access and mobility and that's where you fall -- you come -- where your group comes in to figure out where you want to be. And if you stay less than the 8th mile access ITD is happy. Rountree: Madam Mayor? De Weerd: Yes. Rountree: Dave, thank you. That's exactly the kind of things I wanted to hear. Some substance. I appreciate that. Splett: Well, I'm trying to help you. You know what, I'm constrained, because -- I mean there is lots of -- like having 87 wives and they are all over on State Street. Rountree: Be careful. Splett: Well -- Meridian City Council April 24, 2012 Page 46 of 75 De Weerd: There is not very many women in the room, but -- Splett: People tell me what to do and we are trying to balance everything out. I think we came out with agood -- with a good plan. Your client -- the landowner seems happy. Your staff isn't as happy. ITD accepts it. I think you're in a pretty good spot but -- Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: One request, if it's possible. Would it be possible to get the rational of the balancing that was done at whatever level from ITD? I know it didn't come out of your shop, but somewhere. Splett: You're asking me if I can make someone else do something. Rountree: No. I'm asking if the City of Meridian requests from the Idaho Transportation Department, can you provide us the rational -- the balancing rational, so we have some rational to -- to equate with the balancing we are going to have to do to do this variance, because this, in fact, is a precedenting set -- a precedent setting endeavor for both of us. De Weerd: Is there a weighed model or a matrix that they use to evaluate the economic value to allow greater access? Is that what you're asking? Splett: Madam Mayor -- Rountree: Something -- whether it's a mode or -- Splett: Madam -- your group is really clever. There is an answer and I will make one for -- for you. I will consider this a formal request. That's what our group does. De Weerd: Okay. Splett: And since we cover ten counties it comes up a lot. In fact, the last time was last night. I will try -- I will assemble something. I'm not sure it would apply specifically to this case, because as I said, I wasn't intimately involved in this decision and I will make every effort to give you something. Is that acceptable? De Weerd: That is perfect. Rountree: That would be terrific if you could do that. Meridian City Council April 24, 2012 Page 47 of 75 Splett: And you want it by 10:00, 10:30 tomorrow, is that -- De Weerd: Well, we will give you ten minutes. Splett: Ma'am, I'll make every effort. It takes actions by more than me and so I can't promise it, but I will make every effort to give you what you need. I will work with your staff, is that the best way to -- Rountree: Yes. Splett: -- do it? De Weerd: Yes . Splett: They are good guys, by the way. And ladies. De Weerd: Thank you. Okay. Thank you, Dave. Rountree: Thanks, Dave. Splett: Thank you. I will be here if something else comes up. De Weerd: Okay. Thank you. Justin. We will try not to do the same to you. Lucas: No. I enjoy it, Madam. Mayor, so have at it. For the record, Justin Lucas. I represent the Ada County Highway District. Business address is 3775 Adams Street in Garden City. De Weerd: I guess you would both have to enjoy it somehow. Lucas: Exactly. There is lots of reasons why you get into public service. Being berated by public official is probably one of them. So -- Rountree: We are just curious. Lucas: What was that? Rountree: We are just curious. Lucas: Yeah. I think it's been a good discussion tonight. ACHD's interest in this application -- obviously, these access points are not on an ACHD roadway, so I need to make that very clear. But we do have an interest, because we do operate a regional system. Although we have no jurisdiction over ITD roadways, they are part of that regional system. Both Harris Street and Amity Road are under ACRD jurisdiction and the -- one of the access points on Amity Road has been used as justification for the Meridian City Council April 24, 2012 Page 48 of 75 access points on the state highway. So, that being stated, ACRD fully supports Meridian's access management standards. We think they follow best practices from an access management standpoint. We support them. We have tried to model some of our access management policies after those standards. Access management is not just a traffic engineering issue, it's not just about serving a site, it's broader than that and it really in some ways is a policy issue. Some of the justification tonight to allow the accesses was they want balanced distribution for the site. The point of access management is to not have balanced distribution. That's one of the ideas behind it. We are trying to force people that want to access the site to do it in a place that may not be as convenient as directly off of a state highway. The reason for that is because the state highway operates at a higher speed, it has more volume, and by allowing access points on and off of that you create conflict. Anytime you have access you have conflict. We can go into the statistics and all these things, but anytime you add access you add conflict, you add potential, you have -- as everyone stated tonight, there is going to be some degradation to the mobility of the corridor and there is going to be some increase in accidents, because accidents happen at intersections. Most of them do. That being stated, looking at this site ACHD would prefer, even though it has a negative effect on Amity Road, taking away these access points does place Amity Road somewhat in peril. But after reviewing this we thought -- and made the decision it's better to sacrifice some of the capacity on Amity than to sacrifice the capacity and safety on a 55 mile per hour state highway. So, that was our justification. We recognize that. And so after -- after looking at the -- at the application that was our position is we will work with the applicant on Amity Road and do everything we can to make that work, whether that be a signal at the quarter mile -- which is a good policy, but maybe better than having access points on State Highway 69. So, that was kind of our justification as we looked at it as we reviewed the traffic study, those are some of the things that we looked at. I'm not going to go on more than that, really. I would just like to state that ACHD supports access management and we think it's important. We have all seen what happens when you -- when we don't do it and we really -- at least from a staff level -- and I think your staff -- we support your staff's recommendation tonight. And from a staff level and just from a planning perspective and as a professional planner I always advocate and try to advocate for the long view. Let's look at this for the long -- the long haul and make decisions that are best -- for economic development of the valley, you know, and for all of the different competing interests and certain it is a balancing act and I don't envy your position. But I just want to make that clear that, basically, what I stated is in a letter form that was submitted to the city. ACRD has stated that by allowing these access points on Highway 69 we are not as amenable to working with the applicant for access on Amity, because we want to try and preserve access somewhere and if it's not going to be on the state highway, we are going to try to get it on Amity Road as much as we can, so that -- so that we are not allowing all these accesses. It's a total of seven access point into the site. There is three on Amity, three on the south -- three on Amity -- I'm sorry. Three on Amity Road, three on Eagle Road, and one on Harris, which is the collector. So, seven access points. And we feel like that's a lot. And we feel like they are not all necessary from a traffic engineering perspective and that's the findings of our -- of our traffic engineers that reviewed the traffic study and I can certainly close Meridian City Council April 24, 2012 Page 49 of 75 with that and don't want to take anymore of your time and I can stand for any questions. De Weerd: Okay. Any questions? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Thank you. I appreciate that. And, again, I know Highway 69 is not an ACHD road, but my assumption is that at full build out of Kuna and Meridian and the areas around us, the traffic count on Eagle Road is going to be nearing a hundred thousand and my question to you is would you argue with that or agree with that or what's your sense? Rountree: Meridian Road. Lucas: No, I don't have the numbers, Madam Mayor, Councilman Zaremba. I don't have the numbers in front of me. We could look at current projections and modeling. Yeah, three highways -- these are major corridors. You know, Kuna and the area south there, I don't know if you have seen their comprehensive plan, it's vast. They have grand visions. And -- De Weerd: They have a new planning director. Lucas: Yeah. Looking just at 2035 is probably not even an adequate look, because there is a lot of growth available down there and the 2035 plan does not -- is not comprehensive, it does not include the full build out of the city of Kuna, it doesn't include the full build out of the City of Meridian. 2035 plan is constraining by a certain population number. So, by saying we are taking a long view, that doesn't mean we are looking at build out, that's not build out. And so I think the longer view is to really even look larger. And, you know, I can't predict, you know, 50 years down the road, who knows, we might all be flying around in cars. I don't know. But I think the demand for, you know, personal vehicles doesn't seem to be waning anytime soon. De Weerd: Well, no. Okay. Thank you. Lucas: Thank you. De Weerd: Any other questions? Bird: I have none. De Weerd: This is a public hearing. Is there anyone else who like to provide testimony Okay. Would the applicant like to summarize? I think you kind of have the gist and I know it's not new news -- is we don't want to continue to define insanity is continuing to Meridian City Council April 24, 2012 Page 50 of 75 do the same thing, but expecting different results. We have an opportunity in a transportation corridor to do it right and what is right and how do you define what is right and I think that's a lot of the struggle in balancing safety, mobility and economic development. It's one of those things in how do you define what it right. Huffaker: Madam Mayor and Council, Brian Huffaker with Hawkins Companies. 855 Broad Street, Suite 300, Boise, Idaho. Excuse me. You know, I do appreciate what Mr. Splett has shared with you as far as their mission, their philosophy, that they really do -- and (think they always have, but maybe it hasn't been a balanced evaluation between mobility, safety, and economic development and I think recently under the new directors you have really tried and successfully tried to get those three aspects to be balanced with each other. And I appreciate his statements and their efforts to do that. I don't think I can answer Councilman Rountree's question as far as the economic evaluation to his satisfaction, but certainly we do look at the economics or a project when we come into make a proposal. My -- my only -- maybe point to add from -- from our view of the economic proposal here is we had Walmart under contract, we did not get the accesses, they went away. There is an economic benefit to -- to developer, to the city, to the community when we can have that safe, but efficient access for those businesses to operate. So, of course, a change in the use is going to generate additional trips and that's what, we are talking about. This all results from more cars being put on the roadways, because of a use or something that you're developing. If that was the only basis for an evaluation, then, you would never approve anything, because any trip -- any additional car potentially creates additional conflicts or degrades safety to even the minutest little -- little bit. For your decision -- or we are asking that you evaluate the merits of our mitigation measures. That balance -- the increased trips with maintaining that safety. We are proposing mitigations that are different than Eagle. I can't say that it's a new fandangled mitigation and no one every thought of this, but we have looked specifically at how we can channel those trips -- those vehicles in and out of the site safely. And, Council Member Hoaglun, I hope your question got answered as far as the medians. I think what you were talking about was we call them a pork chop where it goes right around the side and people can just go around them. That's not what we are proposing here, so -- we have always felt that ITD has the responsibility to take the first action on this item. We appreciate that they did. They granted those permits. The decision is now in front of you. You might think that seven accesses is a lot, but this is a pretty big size piece of property and instead of taking a small piece of property on the corner and kind of piecemealing the access as it comes along, this is one of those few times that you have a half mile stretch of property in which you can evaluate that and make that decision. We -- we understand your difficulty in your decision tonight. We hope that you will see that we do meet the three standards for a variance, that there have been -- even on Highway 69 other accesses approved and so we are not asking for something that has not already been granted. We do believe that there is a hardship being created on Amity and even ACRD acknowledges that that would be to the detriment of their road and that we believe that through our mitigations that we are mitigating any of that increase -- potential increase of safety through these appropriate mitigation measures on -- with the improvements. With that we do ask that -- your Meridian City Council April 24, 2012 Page 51 of 75 approval for our variance request tonight and appreciate your time and the great discussion that we have had. So, thank you very much. De Weerd: You know,. I just wanted to make sure you -- you understood that I don't think this Council is concerned about not increasing cars. It's not increasing the number of conflicts that make it unsafe and that's -- that's the difference, so -- Huffaker: And, Madam Mayor, I -- De Weerd: Because safety is economic development. I can't tell you how many businesses I talked to on Eagle Road that got to a point, because of the congestion, that they were thinking of moving their business, because they had customers say they didn't want to travel that road any longer and so there is a balance and it's trying to find what that balance is. Huffaker: Absolutely. And someone made the best comment, you know, if you're purely looking at mobility, you don't have accesses between Meridian to Kuna. If you're purely looking at economic development you have them ten feet away from each other. So, I understand the difficult spot you're in to evaluate those two. De Weerd: Council, any questions? Bird: I have none. Rountree: I have none. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: Brian, I'm just trying to find that sweet spot, as I said earlier, you know. You need those accesses, but there is that point where down the road when there is a lot of traffic, as the Mayor said, and you see it on the comments board on Eagle Road about businesses and there is an announcement and you go down and people say I avoid that road. As a business you don't want to see that, because -- did you guys -- not that I'm in favor of this or anything, but I was just curious. Did you guys look at access number two as being a full intersection with a light on it at -- Huffaker: On State Highway 69? Hoaglun: On 69. Or did ITD at that time just say -- wouldn't even consider that? Huffaker: No, I think we -- I assume we had considered it, but I don't know that we pursued it. Meridian City Council April 24, 2012 Page 52 of 75 Hoaglun: I'm not an engineer, I didn't know what the pros and cons of that are versus just the two right-in, right-outs versus having four, you know, type of accesses. So, yeah, I was just kind of curious to see -- again, searching for that sweet spot or what is that fit that works, not only here, but for the whole corridor to have that perfect blend of access, plus safety and traffic flow, so -- Huffaker: Madam Mayor, Councilman Hoaglun, we certainly looked at different options and felt that what we -- we requested was a reasonable compromise with the access we felt we might be able to get through -- through our access deeds, but felt that this was a safe determination or for access to determine that safety. Absolutely. De Weerd: Now, will access number two be constricted when traffic counts hit a certain -- a certain number? Will they take out the right-in -- or left-in? Huffaker: You know, I don't know that -- Madam Mayor, I don't know that there has been any specific discussions to that point. So, there certainly hasn't been a target trip generation that says at this point it will definitely be closed. That's probably something that's always available to ITD to come in and say because of these standards, whether it's number of cars or accidents, whatever they may evaluate that with, they could probably come in and at some point make a decision such as that. And I might also add, this is a difficult decision to make that will determine other accesses, not just our property, of course. And Simplot across the street -- we control two of the corners here at Amity and Meridian, but we have talked to those other two property owners for their input and letting them know what the process is that we are going through and where we stand. Neither of them have any set plan for development, so they can't really say, yeah, that's what we want or don't want, but at this point they have -- they have been supportive of what we were proposing on our -- for our project. De Weerd: I know you have put a lot of time and effort into this. Huffaker: And so has everyone. We appreciate everyone's efforts here. De Weerd: Any further questions from Council? Thank you. Huffaker: Thank you. Hoaglun: Madam Mayor, I did have a question for Warren on this deal. On your memo here it did talk about -- by adding a single right-out only to Highway 69 it kind of took care of the problem on Amity for -- is that kind of the near term? How far out were you extrapolating that or timewise? What -- I guess the time view that you're looking at by trying to determine what will work -- what was the thinking of that? Stewart: Well, Councilman Hoaglun, Madam Mayor, other Members of the Council, you know, Tim and I took a long look at this. I, actually, have to give Tim credit, he spent a lot more time sort of digging into the details of this situation or this development than I Meridian City Council April 24, 2012 Page 53 of 75 have, but certainly he and I have talked about this and a lot of it -- of the -- what you see on the little memo that we put together has to do with the fact that we looked at the engineers traffic study and based on that information it looked like there was -- if you -- if you add a single access onto Highway 69 there was some improvement to some of the other accesses on -- on Amity and the other road to the -- to the north. However, at some point, especially as you started adding the second and third access, there didn't appear to be a lot of improvement in the convenience factor or benefit for those additional accesses onto Highway 69 and certainly that was using the information that they provided. So, the timelines that are associated with that would be the ones that are -- you know, you heard the traffic engineer speak to when he was up at the podium. Certainly they were looking at the existing traffic loading and, then, they looked out for five years and, then, he commented that they looked out for, you know, the distance of '30, but that's sort of what we were doing. We were kind of analyzing the information that they had provided and sort of when we looked at that it looked like there was marginal benefit with the additional accesses. Certainly there was some improvement on Amity and the other road with one, but it was hard to -- it was hard to see where there was a significant amount of benefit that would justify the additional accesses on Highway 69. And, again, I would be happy to -- you know, Tim, like I said, he delved more into the nuances of that and maybe there is -- I don't know if there is anything you'd like to add. Hoaglun: Thank you. De Weerd: Okay. Council, if there is no further questions for staff, I would entertain a motion to close the public hearing, unless you still seek further information. Hoaglun: Madam Mayor, if I might ask Dave about -- I just -- again, I want to look at all options. So, if ITD -- if we were to look at access number two right in the middle, which has the right-in, right-out and left only and we come up and we say, you know what, we think that -- no access but Amity, Harris, and you need a light right there. Is that a good option or is that a bad option from your perspective? Splett: We -- this is Dave Splett, for the record. ITD again. De Weerd: Thank you, Dave. Splett: We eliminated that as an option, because we couldn't maintain signal progression and keep the speed up. Hoaglun: Okay. Splett: You could -- if we were on a slower -- slower speed road like Fairview or State Street -- Hoaglun: Or like they do on Milwaukee at the Home Depot and Barnes and Nobles. Meridian City Council April 24, 2012 Page 54 of 75 Splett: Exactly. Hoaglun: Okay. Splett: Once we get less than half a mile we can keep the signal progression up, so it actually make it harder for the through traffic. Hoaglun: Okay. Great. That's what I was looking for. Thank you very much, Dave. Splett: That was an easy one. Rountree: Madam Mayor, can I just throw another one out? Dave, if that same configuration were to stay in place without the other two access points, as it's designed now would that work? Not signalized. Splett: I'm not sure what you're asking me. Could you say it again to make sure I -- Rountree: Access point number three is a three quarter and it's got medians -- Splett: Yeah. Rountree: -- turn bay and the other two accesses go away. Splett: I would probably still -- that would be a question for this client's traffic engineer. We didn't analyze that option. Based on the traffic study I don't think it would hurt the site. Does that make sense? Rountree: Yeah. Splett: Because I think the traffic study -- the person who should answer that is Kittelson. Okay? But my reading is the same as your staff's -- is they don't need three accesses. But, as I say, that's a question for Kittelson. I'm not sure I'm the best source for that one. De Weerd: That certainly is a question for the intensity of use, too. Splett: See, we have the option to close off that middle one, as we are doing with the rest with Eagle Road and the applicant knows we can always use police powers. About 70, 72 percent, something like that, percent of the accidents at driveways are left turns in or left turns out. So, we can get -- eliminate -- and they have already eliminated all the left turns out and all but one of the in's and we can take the in away if it gets to be an accident issue. So, that by itself makes the road significantly safer. The other way to look at it is if you have three accesses and the traffic's spread out over three points, as opposed to congested -- more congested at one. And I -- I don't think we analyzed Meridian City Council April 24, 2012 Page 55 of 75 that. Our traffic engineering division does that and it wasn't me, so I'm just giving you general rules. I don't know the specifics in the case. That would be another question for Kittelson. Sorry. I think I know it all, but I don't. De Weerd: Well, that might be another thing that we ask you to bring -- get information on. You're measurement tool for the economic development, but also what is that -- that tipping point on when you would close that off. Use your police powers to remove the left-in. I know you have a similar agreement on Eagle Road and what is the threshold on that? Splett: I don't want to -- De Weerd: Or is there a standard that you use? Splett: When the -- the standard that I recommended was that if we get to the point where the signal warrant is met. When you have enough traffic to justify a signal and you don't want one, that's the point that you turn it off. And, actually, I have a really good publication I did back around 2000 I actually got an award for -- of how you balance that, how you can start with eight accesses per mile and, then, go down to six and, then, four and, then, two, so that you can start economic growth. by giving access and, then, cut off the left turns as the traffic increases. But ITD has not embraced my wonderful concept yet, but -- in specifics, but we are on the same path. Okay? So, the -- the answer is we don't have a hard and fast rule, it's whenever the traffic engineering group decides that there is a safety benefit to do that and we did not put that into our permit, because that's normal police powers. De Weerd: Well, yeah, but that's why you have that fine line of an arbitrary determination. Splett: Yeah. Arbitrary. You know, Imean -- I sympathize with you and your -- you folks are asking us -- you're asking us -- De Weerd: You're professionals. Splett: I know. -- for a number. We can't give you a number. We can give you an idea. Sorry. I'm glad I'm on this side of the table this time, instead of that one, but -- Bird: That's what you get paid the big bucks for. Splett: Yeah. Okay. De Weerd: Okay. Thank you, Dave. Rountree: Madam Mayor, maybe we could have Andy come up and answer those questions. Meridian City Council April 24, 2012 Page 56 of 75 De Weerd: Okay. If you will just state your name one more time for the record. Daleiden: Andy Daleiden with Kittelson and Associates. Madam Mayor, Members of the Council, the question related to the -- if you limit it to access number two as shown on the presentation, just limit it to just that access and closed access one and access three -- our traffic analysis when we -- when we looked at the different scenarios we looked at a no access scenario up to a three access scenario. All those scenarios work from a traffic operation and a safety standpoint, there is just differences in terms of improvements needed either on Amity Road or at Amity and State Highway 69 in terms of turn lanes or under the situation as you get to no access you start looking at the requirement for needing a signalized intersection on Amity Road, because as Dave mentioned, you're -- you're distributing more of your traffic or loading it to -- to the points on Amity or onto Harris and in this case a lot more traffic is based on just the layout of the plan and where some of the commercial areas are shown, this should be down to Amity Road and requiring that, so -- Rountree: I guess the question is if it was limited to one and it was access two -- Mr. Hoaglun asked about signalizing it and David indicated that was looked at and was dismissed because -- but if it was not signalized does it work? Daleiden: Signalized or unsignalized -- as an engineer we can make most things, you know, work, it just costs and so there is not an element to it for -- a signalized intersection would work there. The impacts, as David said, you know, may be some elements to mobility on State Highway 69, could you do some things of -- with technology to -- you know, to improve or try to maintain the mobility on there with a signal, you know, you could probably do some things, but it would probably still have an effect on the mobility of State Highway 69 with a signal there, because anytime you add a signal that does have an effect on the mobility. Hoaglun: Councilman Bird, do you have -- Bird: Andy, I know it would take a little redesign of the plat and I don't know how much, you know, you guys are sitting with this plat -- preliminary plat, but what about -- I got some real concerns how close they are and I got some concerns -- if we want to keep the traffic flow going of not having acceleration lanes, you come out in your right lane and I understand as you are right now you don't dare do that, because you would be having more rear-end collisions than you can shake a stick at. Have you thought about having two right-in, right-out only in that, instead of having three of them and what that -- what does that do to the three we got along Amity? Daleiden: Council Member Bird, Council Members, one of our scenarios was a two access scenario and so that had two right-in, right-outs on State Highway 69 and, then, the accesses on Amity Road and that would put you at that threshold of needing a signal, you know, on Amity Road. It kind of plays that same border and I think that Meridian City Council April 24, 2012 Page 57 of 75 would be -- the element would be -- the element would be, you know, looking at that in more refined detail, you know, in terms of the analysis. But it is something we looked as part of a traffic impact study in terms of comparing scenarios. Hoaglun: So, Andy, to follow up on that, what Councilman Bird asked -- so, if you have the two right-in, right-outs, at one and three, that Amity Road would need to be signalized right away as part of that; is that what your scenario came to the conclusion? Daleiden: The distribution it starts putting on -- the traffic that you're loading on -- for the southbound left-out, there is -- there is that point where you're getting to looking at a signal there. I'd have to -- I can pull it up specifically of the specific number if that put it over the threshold. I think where we have been, you know, looking at it as more of a comparison between, you know, no access and three access -- three access scenario on Amity Road in terms of the comparison and the reason we got to three accesses is because of the deeded access -- accesses started with the property of seven and, then, looking at a balanced approach to there to go to three, with still maintaining a level of -- being able to meet engineering standards, you know, within this corridor. So, that's where -- from a starting point where we started looking at access configuration on this corridor it started going -- there is seven deeds, seven full accesses on this section, that's, going to be a challenge, okay, what's a reasonable access scenario. That backed us -- that brought us down to, you know, three access scenarios working within the engineering standards. Hoaglun: The seven access points were residential, farming -- I mean that's a little different than -- than the traffic that will be generated here and I can understand your dilemma. How do you make it work. Can I ask you on -- from your backage road if someone were to come out to Amity Road heading east and, then, was going to go left to head north on Meridian Road, are there -- is it a double left turn lane that will be on Amity? Daleiden: Yes. It will be dual eastbound left turns at Amity Road. Hoaglun: Okay. Because this -- what it reminded me of is Eagle Road and Ustick where Kohl's is where you have the right-in, right-out, then, at the Kohl's entrance there is a full access, but it's difficult for people when that light changes they are going to be there for awhile and, then, you have the backage road that has a light, which I'm noticing is getting more usage, just because it's earlier -- people realize they can make it out -- at least there is a way out, so -- I just wanted to be sure it was a double left lane there, because eventually that will be -- will be utilized to the full extent. So, that's probably a good plan. Other questions, Council Members, while Andy is up? Any other scenarios to be looked at? Bird: I have none. Zaremba: Mr. President? Meridian City Council April 24, 2012 Page 58 of 75 Hoaglun: Councilman Zaremba. Zaremba: Since I have not commented on some of the recent conversations, along with what our own in-house experts have suggested, we have in past years in developments along Highway 20-26 pretty much stuck to a principle of allowing signalized full access at the mile and a half mile and right-in, right-out only at the quarter mile. I personally cannot be convinced that access one and access three would be okay in any format, but we do have precedent for considering access two to be right-in, right-out and I could say temporarily aright-in, right-out, left-in, with the understanding that ITD at anytime can take the left-in away, that's something I would be able to consider. Hoaglun: Thank you, Councilman Zaremba. Andy, question on that access, if you have the right-in, right-out and left-in at access two as planned, did you guys discuss a number -- is there anumber -- Dave had mentioned, you know, it's kind of based on situations, as opposed to there is not a hard, fixed number. Is there a traffic scenario where you go, you know what, that left turn has to be closed? Daleiden: Council Member Hoaglun and Members of the Council, we looked at in terms of that right-in, right-out, left-in at access number two, one discussion was did we look at it as a signalized intersection and we looked at that, we didn't carry that forward based on just the need to be able to monitor that left turn in. Really, what was -- was driving that left turn was looking at trying to balance improvement at Amity -- Amity and State Highway 69 and distributing the left turn volume into the site. So, between that intersection -- between access number two and, then, at Harris Street is where the intent of having that left-in at access number two and providing that distribution of traffic on the corridor. The -- in terms of a hard, fast number, it would be more of a monitoring and looking at, you know, the traffic in terms of, you know, whether there is gaps within the traffic stream, you know, to be able to make a safe left maneuver, given that Harris Street is proposed as a signal, you have signals to the north of Harris Street today. There are platoons up for them that are, basically, metered because of those signalized intersections and some are evaluation and analysis that the northbound left turn, you know, functioned -- was projected to function -- say operate acceptable in a safe manner. Hoaglun: Okay. Thank you. And, Andy, one last question on -- on that left turn. At Amity Road headed north are there double left turn lanes going west on Amity coming from Kuna, is it double left eventually? Daleiden: As proposed it's a single left turn -- Hoaglun: Okay. Daleiden: -- with this proposal. Meridian City Council April 24, 2012 Page 59 of 75 Hoaglun: Okay. Thank you. Any other questions from Andy while he's here? I guess not. Thank you. Daleiden: Thank you. Overton: President Hoaglun? Hoaglun: Yes. Overton: President Hoaglun, Members of the Council, I held off making comments earlier. Hoaglun: Yes. Lieutenant Overton, go ahead. Overton: I know this has just been a really quick hearing, but as the police are definitely outnumbered by traffic engineers tonight, I wanted to make a few comments on the record concerning what staff has said. I was on the comments earlier when~we had the first development applications on this site and we concurred at that time that we wanted no access points on Highway 69. The city hasn't gotten smaller since then and we take the .viewpoint in the police department, because we get a substantial amount of accidents because we are the center of the valley, there is a city on the east, west, north and south, and they all come through our city, whether they are just trying to get to the interstate or not, especially on Highway 69 with access to I-84. When I look at all the engineers and listen to what they are saying, I can't help but remember that we get trained by a group called the Northwest University Traffic Safety Institute. Now, it's changed names over the years, but these folks teach us three important rules, they are called the three E's when we look at how something is developed or how you cure a problem. The three E's are engineering, education, and enforcement. Education and enforcement being the least of the two effective means of curing a problem. Engineering being the most effective way to cure a problem when it comes to roadway when it comes to roadway changes or traffic safety. And when I listen to everyone, if we had to have alert-in I think that's a great design. I can't disagree with it if we had to have aleft-in. I don't take a balanced approach, because I look at it -- and our department looks at it just from a traffic safety approach. And I have to put this out, because I think it's important. I look at it from a traffic safety approach and I look at the fact that if we had more than just the one right-in, which an engineering study has shown, that we increase the risk and it's predictable, then, it's preventable and police would definitely agree with the staff report on not allowing any more than just one, if we did, right-in, right-out, or just aright-out at the quarter mile mark. Hoaglun: Thank you. Bird: Mr. President? Hoaglun: Councilman Bird. Meridian City Council April 24, 2012 Page 60 of 75 Bird: Lieutenant Overton -- and I know you probably don't have the deals, but we have got some situations on Eagle Road like this and I realize right now Eagle Road is a lot more traveled, but is that where the majority of the wrecks on Eagle Road is happening? Is it happening between -- which some of it isn't in our area, but between McMillan and Ustick or is it between McMillan and Chinden? Overton: A majority of our accidents -- I mean a majority are at Eagle Road period. Now, we break it down by intersections and intersection related and we get an awful lot of them between Fairview and Ustick and fire I know he's shaking his head over here, because we see the same thing. There is no medians, but it's not always median related. But when you're talking left-in, left-outs, absolutely, that's the crash we want to prevent the most, if we have the ability to do so, because that's usually the crash that's going to be the injury crash, not just someone rear-ending someone else. Bird: And I -- excuse me. Go ahead. Overton: Yes, Eagle Road -- as I listen to you discuss you don't want to have another Eagle Road, I would clap back here, because that's what we want to see as well. We don't want another Eagle Road, we don't want a road that has this much traffic and this many access points. As Councilman Zaremba was stating on 20-26 with signals at the half mile and possibly aright-in, right-out at the quarter mile, that seems to give traffic enough time to react and we don't see the accident rates when you can develop something with that type of access built in, but when you see all the access points on Eagle Road it just increases the probability of places where we are going to have those accidents, where drivers have to be aware all the time that there is all sorts of different access points spread out on that road. Bird: I do agree, but I -- I'm greedy, too. I want the economic development, so I'm happy to have Eagle Road. But you're talking about an area that probably got the less amount of store fronts along it than any of it. I mean between Fairview and until you get to River Valley you have nothing now. You're going to have, but you have nothing first half mile and, then, from there on in. And I think we have got one right-in, right-out -- two right-in, right-outs from River Valley Road to Ustick on the right-hand side is it? And, then, we got a couple more coming. Okay. Thank you. Overton: Councilman Bird, you're correct. In fact, Councilman Zaremba brought up -- think it was Councilman Zaremba brought up the relationship to Kohl's where we talked about Kohl's had the roadway that's been used more and more. We are noticing it being used more and more, because they put a signal behind it, which, actually, this looked a lot like it when I saw it where there is the half mile signal, plus the backage road, and that seems to be a very good plan, because the signalized intersections are costing us the least amount of problems. Hoaglun: Thank you, lieutenant. You said something very important that I agree with Meridian City Council April 24, 2012 Page 61 of 75 and that was limiting the left-hand turns that avoid those T-bones, especially on that driver's side where the driver is exposed and there is some good things about this plan that eliminated that, so that was good to see. Council, other questions for staff, applicant, engineers, lawyers? Zaremba: Mr. President? Hoaglun: Yes, Councilman Zaremba. Zaremba: I don't know if this adds anything, but Ijust -- I view this as an opportunity -- this area along Highway 69 is about where Eagle Road was 1999, 2000, just after it became five lanes, instead of two lanes. There has been a lot more development along Eagle Road since that happened. This facility already is a five lane, but development is coming and -- and I think the opportunity both for safety and for economic development is not to allow what we are seeing as mistakes along Eagle Road to happen down here and I -- I guess where I'm going as I -- particularly with the support that I feel from our police department and our fire department will repeat my comfortable level would be a signal at Harris, a signal at Amity, and aright-in, right-out at access two. Hoaglun: Okay. And I suppose before we .get into the heavy duty discussion on this, shall we close the public hearing and what's the desire of the Council on this? Zaremba: Mr. President? Hoaglun: Councilman Zaremba. Zaremba: I guess the question I might ask --that would change their concept plan and I would propose to continue the public hearing and ask them to bring us a concept plan with just the right-in, right-out at the quarter mile. Hoaglun: That is a possibility. Zaremba: Is that a legitimate suggestion? Hoaglun: And there might be other ideas that -- that would be -- it would give us some time for the ITD to come back with their information backing up -- Zaremba: How they make the assessment balancing economic and safety. Hoaglun: Yes. Zaremba: That would be nice to know as well. Hoaglun: But -- Meridian City Council April 24, 2012 Page 62 of 75 Zaremba: I realize this has been a long process and I -- I hesitate to say let's draw it out even longer. I'm sure we have been talking about this for something like two years, maybe longer. But I do think we need to get it right and if continuing it for a short period of time helps us see the site with different concepts, I would go that direction. Rountree: Is that a motion? Zaremba: It can be if that sounds acceptable. Any thought of whether we are talking about two weeks or four weeks or -- anybody have an opinion? Pete? Friedman: Thank you. Councilman Zaremba, Council President Hoaglun, Members of the Council, if I remember correctly, a week probably is two short a period of time to kind of pull all this together. Obviously, a concept plan could be put together in a week, but what Dave will probably need to garner through his organization may take a little bit longer than that, so -- and, then, two weeks from tonight is a Council work session, so would say the minimum we would probably want to continue it out at least three weeks for consideration -- Zaremba: Well -- and, Mr. President, the first question we would need to ask is whether the applicant is even willing to offer a concept plan like that. Hoaglun: Brian -- who wants to -- Brandon, who wants to -- Rountree: Be Brian. Hoaglun: Could you just state your name for the record again. Huffaker: Brian Huffaker with Hawkins Companies. So, is your question about timing? To, essentially, delay it to another date, bring it back -- Hoaglun: Yeah. Timing is the first question, so -- Huffaker: Obviously, we would like to address this as soon as we can. I will tell you one of the things that would be helpful for us is May 20th or something like that is the largest retail convention of the year, of which we hope to be able to go to that convention with a determination of what our access is, because right now as we have tried to attract tenants they say, well, what access do I have and we say we don't know and they say come talk to us later. So, I think that's about a month out. We could be back as soon as you need us to. Whatever, you know, Dave Splett needs for his -- his timing. We would certainly be glad to come back and look at a specific alternative or one alternative we would still want to look at is -- is that left-turn in. We still think that that's a critical movement to get customers into the shopping center. So, we are available one week, two weeks, three weeks. Hoaglun: One possibility is the 15th -- May 15th would -- oh, I'm sorry. That would be Meridian City Council April 24, 2012 Page 63 of 75 the 16th, because is the primary, so we delay our meeting to the 16th, so -- and that would be a Wednesday before the 20th, but never a guarantee that we can make a final decision, but -- Zaremba: Mr. President? Hoaglun: Councilman Zaremba. Zaremba: I would add that staff probably wants about ten days to analyze anything new, so we would be talking about presenting it to the staff like on the 7th or 8th and, then, to the Council on the 16th? Am I -- Friedman: Council President Hoaglun, Council, Council Member Zaremba, yeah, I mean from a staff perspective, you know, Ithink -- and I'll speak for Warren and Tim -- you know, if they can assume aright-in, right-out at that location or even aright-in, left- in, right-out at that location, I don't think that that's, you know, something that's going to take a long detailed analysis. Again, I think it's allowing Dave to work through his command structure, if you will, to get the information that the Council has asked for and, then, pulling that all together for a meeting on the 16th might suit the applicant's timelines also, so I -- Zaremba: Mr. President -- Friedman: Correct me if I'm wrong, but -- Hoaglun: Yes, Councilman Zaremba. Zaremba: I guess my -- my discussion is are you willing to show us a concept plan that eliminates access one and access three. I'm comfortable continuing the discussion about whether access two would be right-in, right-out, or right-in, right-out, left-in, knowing that the left-in may be temporary and whether that's ten years or 20 years temporary is something we would continue to discuss. But I would assume it would change the configuration of your concept plan some not to have access one and three and what I'm saying is I'm willing to discuss an access at two and whether it's aright-in, right-out or athree-quarters intersection I'm still willing to discuss that if -- so, I guess my question to you is are you willing to present a concept like that and -- Huffaker: Well, President Hoaglun, Council Member Zaremba, it is the political season, is it not? We would be glad to discuss whatever you would want to look at, so we can vet that out and see what might be the best scenario. So, we will do that. It's not difficult for us to make those changes to at least display it and talk about it. As I talked with our business partners during the next couple weeks I guess we will come back and show that, but, then, I can certainly convey -- it's a yea or nay from the business standpoint, but we would be happy to do that. Meridian City Council April 24, 2012 Page 64 of 75 Zaremba: Okay. Huffaker: And having Andy do whatever analysis he needs to do -- I mean we would come prepared to talk about those things. Hoaglun: Councilman Bird. Bird: Council, we -- and, staff, we need to -- these guys are going to a show the 20th to try to sell this project to some people. We have got to have it ready and can't be holding them up, so if we are going to do it the 16th let's be planning on the final, so these guys can go do something. Hoaglun: And it crossed my mind and no reflection on Dave, that it doesn't matter what date we set, ITD may not be responding by that date, so -- whatever it is, so just one of those things, so -- Rountree: Given that, I would suggest that we do -- we see it no later than the 8th, even though it is a workshop. .Bird: I agree a hundred percent, Charlie. Rountree: I have got four motions written down here. I'm going to have to change one of them I think and we could -- Zaremba: Mr. President, I would say I -- just on a general basis I'm interested in learning the answer to what we are asking ITD, just so we know for the future. I'm not sure I would hold this project up for that answer. I would like to know at some time what the thinking is. Hoaglun: Because we will have more of these before us in the future, definitely, so -- Zaremba: Yeah. And I wouldn't hold this up to get that answer. I would like to still know it at some time. Hoaglun: Brian, I might ask -- and looking at this preliminary schedule, we could do this on the 8th. That is an afternoon meeting. It starts at 3:00 o'clock, typically, so does that work for you? Huffaker: That would be fine with us. Hoaglun: Okay. I did want to follow up. You mentioned the left -- right-in, right-out, left- in. That left-in is a critical component to you, is it not? Huffaker: Correct. Yes, it is. Meridian City Council April 24, 2012 Page 65 of 75 Hoaglun: So, if we said, well, you know, no left-in, but we will go with two right-in, right- outs, that's more of a deal -- that would be a deal breaker, as opposed to right-in, right- out, left-in; right? Huffaker: Yes. That would be my gut reaction, yes. Hoaglun: Okay. Again, it's trying to find that sweet spot that makes it work. Huffaker: I agree. Rountree: Mr. President? Hoaglun: Councilman. Rountree: To move this along, I move that we continue this public hearing until May 8th, in anticipation of receiving information from ITD on the balancing reasoning that they did and request of the applicant to bring at that point a concept that would provide for either aright-in, right-out, or right-in, right-out, left turn at what has been identified at access point two. That would include the design concepts acceptable to ITD. That's it. Bird: Second. Hoaglun: We have a motion and a second to continue this until May 8th. All those in favor say aye. All ayes. Motion carries. We will continue this until May 8th. Thank you, everybody. MOTION CARRIED: ALL AYES. Zaremba: Mr. President. And a reminder, that's a 3:00 o'clock meeting. 3:00 p.m. Hoaglun: 3:00 o'clock, so -- Zaremba: You said it, but I'm repeating it. Hoaglun: We don't like doing those 3:00 a.m. ones. Rountree: No comp time for you next time. Zaremba: Thank you all. B. Mayor's Office: Budget Amendment for State of the City for a Not-to-Exceed Amount of $7,870.00 Hoaglun: Well, moving on, we still have a bit more on the agenda to go through. 10-A was moved and heard as 7-C, so that is out of the way. The Mayor has asked that Item Meridian City Council April 24, 2012 Page 66 of 75 10-B be continued to next week, so -- Bird: Mr. President? Hoaglun: Councilman Bird. Bird: I move that 10-B be moved to May 1st, 2012. Zaremba: Second. Hoaglun: Motion and second to move Item 10-B to May 1st. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. C. Police Department: Budget Amendment for Department of Juvenile Corrections (DJC) FFY10 Enforcement of Underage Drinking Laws (EUDL) Awards for aNot-to-Exceed Amount of $10,350.00 D. Police Department: Budget Amendment for Miscellaneous Donations for aNot-to-Exceed Amount of $3,200.00 Hoaglun: 10-C, Police Department. Rountree: Mr. President, I would ask that you open both 10-C and 10-D to hear both of those. Hoaglun: Lieutenant Overton, 10-C and 10-D. Go ahead. Overton: President Hoaglun, Members of Council, I can talk faster that way. Before you you have two budget amendments. Both of these are for funds we have already received either in check form, donations, or as in grants we have already received funding approval for. The first one is for a total of 10,350 dollars. It is made up of 3,000 dollars, which was given to us through EUDL, the underage drinking enforcement group out of Washington D.C., 3,000 dollars for a campaign we are running in May in conjunction with another 3,000 dollar grant that was achieved by Drug Free Idaho. We have combined our monies and efforts, there will be billboards, posters, fliers in hotels. We started this campaign two weeks ago and that's what that money is going for. The second we received is 7,350 is our one year grant we are getting again which is to subsidize our alcohol enforcement team. This is the money we use to pay officers and civilians that we put in under cover to do compliance checks and shoulder tap operations on different alcohol beverage dispensers in shops within our city. So, that's the first budget enhancement. I'll stand for any questions. Hoaglun: Any questions? Meridian City Council April 24, 2012 Page 67 of 75 Rountree: None. Bird: I have none. Hoaglun: None? Okay. Overton: Moving right along quickly, the second one is for 3,200 dollars made up of three parts. The first part was a 200 dollar check from the Department of Health and Welfare for two IDA-FY start-up groups at Meridian High School and Mountain View High School. IDA-FY is Idaho's drug free youth programs. We successfully got two groups started and this is, basically, 100 dollars each. They are paying for meals for meetings to get together. The second part is 500 dollars. It is from SAMSA, also out of Washington D.C. It was a 500 dollar donation for a town hall meeting. We are using that money on May 11th. We are helping to pay for the MYAC town hall meeting youth summit at Wahooz on that date with that money. The third one is 2,500 dollars. That is our Walmart foundation money, which we use every year for crime prevention education and also we put a lot of that money towards our National Night Out expenses that we do in August. So, with that I would stand for any questions on those as well. Hoaglun: Okay. Thank you. Any questions? Rountree: I have none. Bird: I have none. Hoaglun: Okay. Rountree: Mr. President? Hoaglun: Councilman Rountree. Rountree: I move we approve budget amendments 10-C and 10-D. 10-C in the amount of 10,350 dollars and 10-D in the amount of 3,200 dollars. Zaremba: Second. Hoaglun: I have a motion and a second to approve 10-C and 10-D. Madam Clerk, will you, please, call the role. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. Hoaglun: All ayes. Motion carries. MOTION CARRIED: ALL AYES. Meridian City Council April 24, 2012 Page 68 of 75 E. Clerk's Office: Approval of 2012-2013 NEW LIQUOR License Application for DKF Investments dba Harry's Hideaway Bar and Grill located at 2032 E. Overland Rd. Suite 130. Approved with conditions F. Clerk's Office: Approval of 2012-2013 NEW LIQUOR License Application for KJ's Restaurants dba JB's Restaurant located 1565 S. Meridian Rd. Approved with conditions G. Clerk's Office: Approval of 2012-2013 Beer, Wine and Liquor License Applications as follows: ~Qdoba Mexican Grill #473 3068 Overland Rd. BW a Qdoba Mexican Grill #474 3319 N. Eagle Rd. BW ~Jakers Bar & Grill 3268 E. Pine Ave. BWL Red Robin N. Eagle Rd. BWL ^°Brew52 501 S. Main St. BWL Hoaglun: Moving onto Item 10-E, Clerk's Office. New liquor license applications. Holman: President Hoaglun, Members of the Council, Items E, F and the remaining two licenses, Red Robin and Brew 52 that are on G -- Hoaglun: Yes, we will speak to all of them. Holman: All of them. Okay. So, all of those we are just waiting for proof of the Ada County approval, which I believe is probably happening tonight. So, they are already to go, we are just asking for the conditional approval for the Mayor to sign and the Clerk to hold signature until we receive all the documentation. Hoaglun: Okay. Any questions? Bird: I have none. Hoaglun: Hearing none -- Bird: Mr. President? Hoaglun: Councilman Bird. Bird: I move we approve the new liquor license for DKF and KJ's, Red Robin, and Brew 52, with the condition of once they receive them from Ada County that the Mayor will sign and the Clerk will attest. Rountree: Second. Meridian City Council April 24, 2012 Page 69 of 75 Hoaglun: I have a motion and a second to approve those items and to hold signature until approvals are received. Madam Clerk, will you, please, call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. Hoaglun: All ayes. Motion carries. MOTION CARRIED: ALL AYES. H. Fire Department: Approval of Award of Bid for "Smoke Alarms" to Loaves Home Centers and Business Services and Authorize the Purchasing Manager to Issue Purchase Orders for aNot-to-Exceed Total of $98,940.50 Hoaglun: Item 10-H. Fire Department. Niemeyer: Mr. President, Members of Council, I will, too, make this brief, but I did want to have this on a department report to update you on this project and to request the approval of award of bid for smoke alarms through Lowe's in the amount not to exceed $98,940.50. This is part of our FEMA fire prevention grant that Pam Orr has been heading up. This is called project SAFE, Smoke Alarms For Everyone. We have a target audience of homes without smoke alarms, senior housing, the deaf, hearing impaired, and homes over ten years old. The funds here are going to go to purchase the smoke detectors and, then, the project will kick off and we will get those smoke detectors installed. The other aspect of this project and this grant -- and it's the first of it's kind in Idaho is for bed shakers. We really had to go through some funny looks as we said bed shakers. Some folks thought that was literally a fireman sitting next to the bed shaking the bed and we said, no, it's technology for the hearing impaired that actually will shake the bed in the event that smoke is detected in the building. I can tell you the center for the deaf and the hearing impaired are very excited about this and I hope this will spearhead many other projects throughout not only Idaho, but the northwest. So, we are asking for the approval of the bid awards. Certainly stand for any questions. We do have a project deadline of June 30th. Pam is ready to go. She's got tons of volunteers and organizations that are going to go out and put the T-shirts on and go help install right along side of our firefighters and our staff. So, I will certainly stand for any questions. Hoaglun: Great, chief. Thank you. And I'm glad it wasn't -- you weren't referring to the police department when they sneak in when the firefighters are sleeping, so -- Niemeyer: No. We have special detectors for when the police officers enter the -- Hoaglun: Okay. Meridian City Council April 24, 2012 Page 70 of 75 Bird: Leave a doughnut on the -- Hoaglun: We have a request for the approval of the award. Bird: Mr. President? Hoaglun: Councilman Bird. Bird: I move we approve awarding the bid to Lowe's Home Centers and business services for the purchase order of not to exceed $98,940.50. Zaremba: Second. Hoaglun: We have a motion and a second to approve 10-H. Madam Clerk, please, call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. Hoaglun: All ayes. Motion carries. MOTION CARRIED: ALL AYES. I. Amended onto the Agenda: Legal Department: Discussion on ACHD Impact Deferral Agreement Hoaglun: We have an Item 10-I, Legal Department, discussion on ACHD impact deferral agreement. Nary: Thank you, Mr. President, Members of the Council. I had to add something to your agenda. Sorry about that. ACHD has contacted the city and has sent us a draft of deferral agreement for impact fees. We have had a discussion about this in the past with ACHD and we never could really find a resolution that was workable, but their proposed draft -- it hasn't been approved by their commission yet. I did let Bruce Mills know we would at least bring it to your attention tonight, but it's not for any action. But, basically, the deferral process would defer the impact fees until the point of certificate of occupancy, which is what we had requested in the past. The city isn't required to guarantee payment, which is one of the sticking points we had previously. The city is just going to, essentially, agree not to issue the certificate of occupancy and that the city may terminate the utility services if they were to either occupy without the C of O or some glitch or error were to be caused if the C of O got issued, but the impact fee still hadn't been paid. There is a couple of -- I think there is three -- what I think are fairly minor edits to the document that I sent back to Mr. Mills and Mr. Price today. They were going to be taken just to their commission for their feedback, but it was very, again, hopeful, we have been trying to do this for some businesses, they have -- Mr. Mills had Meridian City Council April 24, 2012 Page 71 of 75 indicated they hadn't established any criteria yet, this is a single project only that they have created this agreement, but they would probably -- if the commission is agreeable, then, come up with criteria as to which types of projects may be -- may warrant this type of result. Again, it seems very positive and, again, since the risk to the city really is only in issuing the C of O, and the potential of terminating services if something were to occur, it seems to be a fairly minimal risk to the city and ACRD can still get what they want and it seems that the -- most of the business community contacts that we have had and the building industry have asked for this type of movement. So, I just wanted to make you aware of it. You may have an agreement in front of you next week or in two weeks, depending on how fast -- there is a project that's really been pushing for this particular agreement and I don't know how fast things are going to happen, but I wanted to make you aware of it before it just showed up on your agenda. Bird: Mr. President? Hoaglun: Councilman Bird. Bird: Bill, I have got one question. Can we -- if -- if the homeowners move in without a certificate of occupation and the -- the license and stuff are not under them, can we legally turn off their utilities? Nary: Well, contractually, yes. Because the property owner still is the one that's contractually bound -- Bird: Okay. Nary: -- to the city. But I think that's part of the discussion point that it would be problematic afterwards if you had a business, for example, like a large scale office building with multiple tenants. So, even if you legally could turn if off it would certainly be problematic if you had a number of people that got their utilities shut off. This particular business is a single point, single owner, so it's not really an issue for them, but I think that would be part of the -- the discussion with ACRD for -- if for future ones if that's what we were forced to do. Again, we don't have it happen very much anymore of people moving in without the C of O's. We didn't request that they also do temporaries as well, because that sometimes can be problematic and I discussed it with community development today and they felt through Accela system we could track these, so it's not something that would be very complicated for us to keep track of them, so -- Hoaglun: Okay. Thank you. Zaremba: Mr. President? Hoaglun: Councilman Zaremba. Meridian City Council April 24, 2012 Page 72 of 75 Zaremba: I would just comment for future discussion, I appreciate that ACRD is considering this and I know from talking to people in the development community, the ability to put this money out a little bit later in their process is -- is a very big thing for them and -- but we do sometimes have the issue of people occupying their buildings before they get the certificate and some of the people in the development community that I have been talking to would even be happy if the relief were that we collected half at the building permit and half at the certificate of occupancy, which -- and the same thing with the ACHD fee, which means we all know that they we were well aware that there is a fee due, because they paid half of it already and they know there is another half due and they know about the certificate of occupancy and that gives us a little more legal hammer if they slip through occupancy without coming in to finish it off. But on the single ones you're talking about now it's a good pilot project, but I just wanted to throw in that it could be a subject for future discussion, but instead of deferring all of it we defer like half of it. Hoaglun: Thank you, Councilman Zaremba and, Justin, you're taking mental notes; right? Okay. Great. Anything else on this item? Item 11: Ordinances B. Ordinance No. 12-1510: An Ordinance (AZ 11-005) for the Annexation of a Parcel of Land Situated in a Portion of the S'/2 of the Southeast '/4 and in a Portion of the Southwest '/4 of Section 23, Township 4 North, Range 1 West, of Meridian Idaho, Establishing and Determining the Land Use Zoning Classification of Said Lands from RUT to R-8 (Medium Density Residential) and Providing an Effective Date C. Ordinance No. 12-1511: An Ordinance (RZ 11-006) for the Re- zone of a Parcel of Land Situated in a Portion of the South '/z of the Southeast '/4 of Section 23, Township 4 North, Range 1 West, of Meridian Idaho, Establishing and Determining the Land Use Zoning Classification of 4.64 Acres of Land from the R-4 (Medium-Low Density Residential) Zoning District and TN- C (Traditional Neighborhood Center) Zoning District to C-C (Community Business District) Zoning District and Providing an Effective Date D. Ordinance No. 12-1512: An Ordinance (RZ 11-006) for the Re- zone of a Parcel of Land Situated in a Portion of the South'/Z of the Southeast'/4 of Section 23, Township 4 North, Range 1 West, of Meridian Idaho, Establishing and Determining the Land Use Zoning Classification of 46.97 Acres of Land from the R-4 (Medium-Low Density Residential) Zoning District and TN-C (Traditional Neighborhood Center) Zoning District to R-8 Meridian City Council April 24, 2012 Page 73 of 75 (Medium Density Residential) Zoning District and Providing an Effective Date Hoaglun: All right. Moving forward. Item 11-A was removed from the agenda. 11-B, C and D are ordinances and, Bill, all three -- those are the ones that need signatures to be delivered in conjunction with the paperwork you received and electronic signatures already, but need the hard copies? Nary: What your motion should include is the publication of these ordinances need to be done after we receive the signed development agreement. Hoaglun: Okay. Great. Thank you. Madam Clerk, 11-B, Ordinance No. 12-1510. Can you read that by title only. Holman: City of Meridian Ordinance No. 12-1510, an ordinance AZ 11-005, Spurwing Challenge, for annexation of a parcel being a portion of Lot 78, Block 1, of Spurwing Subdivision, recorded in Book 69 of Plats at pages 7104 through 7108, an impression of Lot 1, Block -- Block of Brandt Subdivision, recorded in Book 59 of Plats at page 5785 and 5786 and Lot 53, Block 1, of Spurwing Subdivision, recorded in the office of the Ada County recorder as Instrument No. 95045793, all of which is situated in a portion of the south one half of the southeast one quarter and in a portion of the southwest one quarter of Section 23, Township 4 North, Range 1 West, Boise meridian, Ada County, Idaho, as described in Attachment A and annexing certain lands and territories situation in Ada County, Idaho, and adjacent and contiguous to the corporate limits of the City of Meridian, as requested by the City of Meridian, establishing and determining the land use zoning classification of said land from RUT to R-8, Medium Density Residential District, in the Meridian City Code, providing that copies of this ordinance shall be filed with the Ada County assessor, the Ada County recorder and the Idaho State Tax Commission as required by law and providing for a summary of the ordinance and providing for a waiver of the reading rules and providing an effective date. Hoaglun: Ordinance No. 12-1510 was read by title only. Is there anyone that wishes to hear it read in its entirety? Seeing no one out there -- Bird: Mr. President? Hoaglun: Councilman Bird. Bird: I move we approve Ordinance No. 12-1510 with the stipulation that it not be published, nor the Mayor to sign or the Clerk to attest until we have the hard copies in our hand and also to pass it with suspension of rules. Is that right, Bill? Nary: Yes. Bird: I believe it -- Meridian City Council April 24, 2012 Page 74 of 75 Rountree: Second. Hoaglun: We have a motion and a second to approve Ordinance 12-1510 with conditions. Madam Clerk, will you, please, call the roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. Hoaglun: All ayes. Motion carries. MOTION CARRIED: ALL AYES. Hoaglun: Ordinance No. 12-1511. Madam Clerk, would you read that one by title only. Holman: City of Meridian Ordinance No. 12-1511, an ordinance RZ 11-006, Spurwing Challenge, for rezone of a parcel being a portion of Lot 1, Block 1, of Brandt Subdivision, recorded in Book 59 of Plats at pages 5785 and 5786, situated in a portion of the south one half of the southeast one quarter of Section 23, Township 4 North, Range 1 West, situated in Ada County, Idaho, and adjacent and contiguous to the corporate limits of the City of Meridian, as requested by the City of Meridian, establishing and determining the land use zoning classification of 4.64 acres of land from the R-4, Medium Low Density Residential Zoning District and TN-C, Traditional Neighborhood Center Zoning District to C-C, Community Business District, in the Meridian City Code, providing that copies of this ordinance shall be filed with the Ada County assessor, the Ada County recorder and the Idaho State Tax Commission as required by law and providing for a summary of the ordinance and providing for a waiver of the reading rules and providing an effective date. Hoaglun: Ordinance No. 12-1511 has been read by title only. Is there -- seeing no one who wishes to have it read in its entirety -- since we only have staff here -- it is before us. Councilman Bird. Bird: Mr. President, I move we approve Ordinance No. 12-15111 -- or not 111 -- 1511, with stipulation that it not be published until we have a hard copy -- signed hard copy, for the Mayor to sign and the Clerk to attest at that time and I do it with suspension of rules. Rountree: Second. Hoaglun: I have a motion and a second to approve Ordinance No. 12-1511 with stipulations. Madam Clerk, would you, please, call the roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. Hoaglun: All ayes. Motion carries. Meridian City Council April 24, 2012 Page 75 of 75 MOTION CARRIED: ALL AYES. Hoaglun: Now to Ordinance No. 12-1512. Madam Clerk, would you, please, read this by title only. Holman: City of Meridian Ordinance No. 12-1512, an ordinance RZ 11-006, Spurwing Challenge, for the rezone of a parcel being a portion of Lot 1, Block 1, of Brandt Subdivision, recorded in Book 59 of Plats at pages 5785 and 5786, situation in a portion of the south one half of the southeast one quarter of Section 23, Township 4 North, Range 1 West, situated in Ada County, Idaho, and adjacent and contiguous to the corporate limits of the City of Meridian, as requested by the City of Meridian, establishing and determining the land use zoning classification of 46.97 acres of land from the R-4, Medium Low Density Residential Zoning District and TN-C, Traditional Neighborhood Center Zoning District to R-8, Medium Density Residential Zoning District, in the Meridian City Code, providing that copies of this ordinance shall be filed with the Ada County assessor, the Ada County recorder and the Idaho State Tax Commission as required by law and providing for a summary of the ordinance and providing for a waiver of the reading rules and providing an effective date. Hoaglun: Ordinance 12-1512 has been read by title only. Anybody wish to hear it -- to have it read in full? Seeing no one, Council? Bird: Mr. President? Hoaglun: Councilman Bird. Bird: I move we approve Ordinance No. 12-1512, with stipulations of the Mayor to sign and the Clerk to attest not until they -- we receive the hard signed copy and with suspension of rules. Rountree: Second. Hoaglun: I have a motion and a second to approve Item 11-D. Madam Clerk, will you, please, call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. Hoaglun: All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 12: Future Meeting Topics Hoaglun: We are to Item 12, Future Meeting Topics. Meridian City Council April 24, 2012 Page 76 of 75 Bird: I have none. Rountree: Mr. President? Hoaglun: Councilman Rountree. Rountree: At some point in time we need to talk about this Idaho Watershed Solutions as a potential tool and whether or not we need a nonprofit to do this, et cetera, so -- Hoaglun: Okay. Warren, if you will make a note of that and -- Rountree: And I want it appropriate, but maybe with staff first and then -- Hoaglun: Okay. Have staff take a look at that first. We have a discussion with you first and go from there. So -- okay. Great. That's all we have on tonight's agenda. Rountree: Move to adjourn. Bird: Second. Hoaglun: Motion and second to adjourn. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Hoaglun: We are adjourned. MEETING ADJOURNED AT 10:36 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) ~-. MAYOR ~AM DE WEERD ~ ~~ ~ ~~°_ DATE APPROVED ATTEST: r p ~i '. ;, ~Y~- EE~ OLMAN, CITY CLERK Changes to Agenda: Items #61 and 6J: These items are to be moved from the consent agenda and placed under section 8 as items #8A and 8B. Item #10G: Both Qdoba Mexican Grills B/W licenses and the Jayker Bar & Grill liquor license have been moved from item #10G and placed on the consent agenda. Item #11A: This item is to be vacated from the agenda. Item #9E: Solitude Place Subdivision (TEC•12.007) Application(s): - Preliminary plat time extension Size of property, existing zoning, and location: The remaining area of the preliminary plat that has not yet been final platted site consists of 17.9 acres on land & is currently zoned R-8. The site is located on the southeast corner of N. Meridian Road & E. McMillan Road. Summary of Request: The applicant requests a 2-year time extension on the preliminary plat to obtain the City Engineer's signature on the final plat. This is the 2~d time extension requested for this development. The preliminary plat meets current open space requirements & no multi-use pathways are planned for this property. Building elevations were included in the development agreement as a provision of the first time extension. Since the last extension, the Unified Development Code has been amended to require the property owner to post a performance surety with the City in the amount of 125% of the total construction cost for all incomplete sewer, water and reuse infrastructure prior to final plat signature. Additionally, the property owner is required to post a warranty surety with the City in the amount of 20% of the total construction cost for all completed sewer, water and reuse infrastructure for a duration of two years. Staff recommends these new UDC requirements be included as conditions of approval of the current time extension request. Written Testimony: The applicant's representative has communicated that they are in agreement with the staff recommendation. Staff Recommendation: Approval to expire on March 25, 2014 Notes: Item #9F:'Meridian and Amity Access Variance (VAR•12.001) Application(s): - Variance Size of property, existing zoning, and location: The subject property consists of 73 acres of land currently zoned RUT and LO in the County. The site is located on the northwest corner of S. Meridian Road & W. Amity Road.The Council has approved annexation of the site, however, the development agreement has not been executed nor has the annexation ordinance been approved. Summary of Request: The applicant is seeking a variance to allow three accesses from SH 69 to the site. The three access points consist of two right-in/right-out at the eighth mile and aright-in/right-out/left-in at the quarter mile between Harris Street on the north and Amity Road on the south. The proposed accesses are identical to the variance application that was previous withdrawn in 2011. The difference between the previous application and the current request is a change in ITD's mission which added economic development to the focus on efficiency and operations. The applicant has now obtained the necessary permits from ITD to construct the proposed accesses. Staff and ACHD's recommendation for denial has not changed from previous variance application and is based on the following; The use of the site is intensifying significantly from agricultural to a large scale mixed use development thereby requiring access to be provided from another street other than the state highway and prohibits new approaches from directly accessing SH 69 asset forth in UDC 11-3H-4B.2a; With development of the site, a backage road is required to connect Amity Road with Harris Street thereby provided connectivity with a section line road and half-mile road consistent with the UDC and; ACHD's analysis of the traffic study stated the site could function without access to Meridian Road. The City Engineering Manager has reviewed the final TIS and concluded the site could function with aright-out only access to Meridian Road and has concerns for public safety with each additional access approved for the site. Based on the information above, Staff is of the opinion that granting approval of the variance would grant a special right not allowed by others, does not relieve undue hardship due to site constraints and is a detriment to public safety. Written Testimony: ® Warren Stewart, City of Meridian Engineering Manager, Mr. Stewart has provided comments on the 2008 traffic impact study submitted by the applicant. Staff has included in comments into the presentation and the Clerk's office has included his comments into Council's hearing packet. ® ACRD; ACRD previously reviewed and provided comments on this request on November 21, 2008. The District's comments on the proposed application remain the same. ACRD does not support the applicant's variance request and is of the opininion the site could be served without access to Meridian Road (SH 69). ITD: The Idaho Transportation Department (ITD) has taken a different approach on the subject application. During the review of the previous variance application, ITD denied the applicant's request for access to Meridian Road, thus leading to numerous continuations and withdrawal of the original variance application. ITD's original denial was based on their previous mission statement that focused on efficiency and operations of the existing road network. As other developers have come forward seeking access to state facilities, ITD's administration encouraged a change in their mission to increase emphasis on economic development. ITD has approved the permits for the construction of the three proposed accesses. Staff Recommendation: Denial Outstanding Issues for Council: Notes: n/lrid®n iy uncll ®n T :April 24, 2012 IT l1 : 5A CLERKS OFFICE FINAL ACTION DATE: IE-MSTAFFTOI AGENCO I APPLICANT I NOTES I INITIALS f ~s,~` -i~~- ,!a ~_:; Z"he Office of tFie .Mayor P R O C L .~I ~l~l .~1 2JI O N ~Yt~~iereas, Parkinson's is the second most common neurodegenerative disease in the United States, second only to Alzheimer's; and, `l~V~iereas, there is inadequate comprehensive data on the incidence and prevalence of Parkinson's disease; as of 2012, it is estimated that the disease affects between 500,000 and 1,500,000 people in the United States; and, ~YVGiereas, research suggests the cause of Parkinson's disease is a combination of genetic and environmental factors; the exact cause and progression of the disease is still unknown; and, ~I~VGtereas, there is no objective test for Parkinson's disease and the rate of misdiagnosis can be high; and, ~Gtereas, symptoms of Parkinson's disease vary from person to person and include tremor, slowness, difficulty with balance, swallowing, chewing, speaking, rigidity, cognitive problems, dementia, mood disorders, such as depression and anxiety, constipation, skin problems, and sleep disruption; and, 2Yliere~as, there is no cure, therapy, or drug to slow or halt the progression of Parkinson's disease; and, 2Y!zere~zs, increased education and research are needed to help find more effective treatments with fewer side effects and, ultimately, an effective treatment or cure for Parkinson's disease; Wherefore, I, Tammy de Weerd, Mayor of the City of Meridian, do hereby proclaim April 2012 to be: P.~I.R~CINSON'S .~.`~V.~IREN~SS ~1~10~3-~ in the City of Meridian and call on all citizens to increase awareness of this disease and the continued need for research, better treatments, and an eventual cure. Dated this 11i" day of April, 2012. Tammy de Weerd, Mayor David Zaremba, City Council Brad Hoaglun, City Council Keith Bird, City Council Charlie Rountree, City Council eri Ian ity unc®1 et® Al° :.April 24, 2012 11' U 6A J U iTEnn TITLE: mutes April 10, 2012 City Council orho DATE: I E-MSTAFF TOI AGENCY ( APPLICANT I NOTES I INITIALS e~-idia~r ity ®urrcillVletin 1' :April 24, 2012 IT 6~='' J T U I`TEIUI TITLE: 01 -2013 eer ine/Liquor License eneal -EI Tenampa 906 N. Main St. BWL -Dickeys BBQ Pit 2845 E. Overland Rd. B Schooners 499 S. Main St. BWL -Fred Meyer#198 1850 E. Fairview Ave. BW~Louies Pizza 8~ Italian 2500 E. Fairview Ave. BWL -Smashburger 3223 E. Louise #100 BW -Legacy Feed & Fuel 3100 S. Meridian Rd. BW -Gino's 3015 W. McMillan Rd. #108 BWL Sunrise Cafe 805 Main BWL -Don Diegos 2951 Overland #190 BW -Smoky Mtn Pizza 980 Fairview Ave. BWL Firehouse Grill 1767 W. Franklin Rd. # 180 BWL -Whitewater Pizza 3223 E. Louise #104 BWL MUSE 1435 N. Eagle Rd. BW --Varsity Kitchen 1441 N. Eagle Rd. #200 BWL -Ricks Press Room 130 E. Idaho Ave. BWL -The Griddle 2310 E. Overland Rd. # 130 BW -Meridian Speedway 335 S. Main St. BW -Bill n Lynns Place 229 W. Franklin BWL -Walgreens #06200 1570 E. Fairview Ave. BW -Walgreens #10197 3150 W, Cherry Ln. BW Walgreens #10604 1625 S. Meridian Rd. BW -Walgreens #1 1452 3263 N. Eagle Rd. BW -Corkscrews 729 N. Main St. BW -Rudys Pub n Grill 2310 E. Overland Rd. BWL -Walgreens #1 1 687 4850 N. Linder Rd. BW -Shige Teriyaki Exp. 450 S. Meridian BW -Pizza Hut 2165 675 S. Progress B -Pizza Hut 2166 1752 Cherry Lane B --New Frontier Club 116 E. Broadway BWL -Brewforia Beer Mkt. 3030 E. Overland Rd. #100 BW Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE; IE-MSTAFF TOI AGENCOY I APPLICANT I NOTES ( INITIALS Y per, Irt~ Ltu~r Lic~n~~ ~~n~~nr~t f®r U1~2013 Approval b}j C"ity Council on 'T'uesday, April 24t1,, 201.2 DBA LOCATION B/W/L El Tenampa 906 N. Main St. BWL Dickeys BBQ Pit 2845 E. Overland Rd. B Schooners 499 S. Main St. BWL Fred Meyer#198 1850 E. Fairview Ave. BW SCan/- Louies Pizza & Italian '~ 2500 E. Fairview Ave. BWL Smashburger 3223 E. Louise #100 BW _ Legacy Feed and Fuel 3100 S. Meridian Rd. BW Gino',$ Italian Ristorante & Bar 3015 W. McMillan Rd. #108 BWL Sunrise Cafe 805 Main BWL Don Diegos 2951 Overland #190 BW Smoky Mountain Pizza 980 Fairview Ave. BWL Firehouse Grill 1767 W. Franklin Rd. #180 BWL Whitewater Pizza 3223 E. Louise #104 BWL MUSE 1435 N. Eagle Rd. BW Varsity Kitchen 1441 N. Eagle Rd. #200 BWL Ricks Press Room 130 E. Idaho Ave. BWL The Griddle 2310 E. Overland Rd. # 130 BW Meridian Speedway 335 S. Main St. BW Bill n Lynns Place 229 W. Franklin BWL Walgreens #06200 1570 E. Fairview Ave. BW Walgreens #10197 3150 W. Chei~•y Ln. BW Walgreens #10604 1625 S. Meridian Rd. BW Walgreens #11452 3263 N. Eagle Rd. BW Corkscrews 729 N. Main St. BW Rudys Pub n Grili 2310 E. Overland Rd. BWL Walgreens #11687 4850 N. Linder Rd. BW Shige Teriyaki Express 450 S. Meridian BW Pizza Hut 2165 675 S. Progress B Pizza Hut 2166 1752 Cherry Lane B New Frontier Club 116 E. Broadway BWL Brewforia Beer Market 3030 E. Overland Rd. #100 BW er® iarr ify cen®1 e®n T : Aril 24, 2012 IT' U : 6 J T ITEM TITLE: ecreationl thy sernent between Penn Station Apartments LLC and the City of Meridian Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: IE-MSTA D TOI AGENCY I APPLICANT ( NOTES I INITIALS Y ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 ! BOISE IDAHO 04/30/12 12:58 PM ii RECORDED~nREQUEST OF I~~ ~ ~~ II I~ II~ ~ II ~~~ ~~~I ~ ~ ~I Meridian City i i ~~3~~~~~ RECREATIONAL PATHWAY EAS)MENT THIS AGREEMENT, made and entered into this ~, day of , 2012, between Penn Station Aparhnents LLC, hereinafter referred to as "Grantor", and the City of Meridian, an Idaho municipal corporation, hereinafter referred to as "Grantee"; WITNESSETH: WHEREAS, Grantor is the owner of real property on portions of which the City of Meridian desires to establish a public pathway; and WHEREAS, the Grantee desires the Grantor to grant an easement to establish a public pathway and provide connectivity to present and future portions of the pathway; and WHEREAS, Grantor has constructed the pathway improvements upon the easement described herein; and NOW, TI~IEREFORE, the parties agree as follows: THE GRANTOR does hereby grant unto the Grantee an easement on the following property, described on Exhibit "A" and depicted on Exhibit "B" attached hereto and incorporated herein. TI-IE EASEMENT hereby granted is for the purpose of providing a public recreational pathway easement formultiple-use non-motorized recreation, with the free right ofaecess to such facilities at any and all times. THE GRANTEE agrees to indemnify, hold harmless and defend Grantor from all claims and damages which may arise from or be caused by the construction, installation, operation, maintenance, repair and any use or condition of the pathway. TO HAVE AND TO HOLD, said easement unto said Grantee, its successors and assigns forever. THE GRANTOR hereby covenants and agrees that it will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. ~C IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that Grantee shall repair and maintain the pathway improvements, however, Grantee shall not be responsible for repairing, replacing ox restoring anything placed within the area described in this easement that was placed there in violation of dais easement. THE GRANTOR hereby covenants and agrees with the Grantee that should any part of the easement hereby granted become part of, or lie within the boundai7es of any public street, then, to such extent such easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that it is lawfully seized and possessed of the aforementioned and described tract of land, and that it has a good and lawful right to convey said easement, and that it will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said Grantorhas hereunto subscribed its signature the day and year first hereinabove written. GRANTOR: Penn Station A ents LLC Jake Centers I#s: Member STATE OF IDAHO ) ) Ss County of Ada ) On this ~ ~+~' day of ~ ~O r I~ ~ ~~, 201 Z, before me, the undersigned, a Notary Public in and for said State, personally appeared ^~~~ (' ~t2,-~Q,r~, known ar identiEed to me to be the Ar~.e.e-n h.atr- that executed the within instrument, acid acI~iowledged to me that such company executed the same. lIV WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year ~~ above written. ~~~eN 'eeoeo °+ ~ ' ®® NOTARY FU IC FOR IDAHO ®® ~yo'~AR ®® ® r ®.*, ® Residing at: ~ ,~ ®* ® Commission Expires: pU~L ~ .® .,e q1, I~Q+oo. eeej®E ®OFjee~eve GRANTEE: CITY OF MERIDIAN Tammy de W ev auGUsr ~~ 9~ c,cy or w ~ IDAHO ~ W Holman, City Clerk ~ ~~yre*., SEALe~~~~~,., +e~ T~e~ Approved By City Council On: STATE OF IDAHO } . ss. County of Ada } On this Z y day of~ 7Y ~ ~ , 2012, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY DE WEERI7 and JAYCEE HOLMAN, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to nne 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. ~ ®...... •• BONES'®® ~o ~ • .~~ 0 • ,z ~®. ®W'• ; x® ~'~ ~. SI'A C~ • tan lIj 145© Last Watertower St Suite f 50 Mer+dian, Idaho 83692 Project No. 11-110 Phone (~a8) 845.8570 Fax (208} 884-3399 January 9, 2012 bESCRIPTION FOR CITY OF MERIDIAN-PATHWAY EASEMENT PENN STATION APARTMENTS MERIDIAN, IDAHO A 14.50-foot wide pathway easement located in the NE 114 of Section 7, T.3N., R.1 E., B,M., Meridian, Ada County, Idaho more particularly described as follows: Commencing at the NE comer of said Section 7; thence along the North boundary line of said Section 7 North 89°54'45" West, 64$.19 feet; thence leaving said North boundary line South 00°05'15" West, 483.60 feet to a point on the West boundary line of Keziah Subdivision as fled in Book 88 of Plats at Pages 10,049 and 10,050, records of Ada County, Idaho, said point being the REAL POINT OF BEGINNING; thence along said West boundary line South 00°00'07" West, 14.56 feet; thence teaving said West boundary line South 84°49'28A West, 66.77 feet to the beginning of a curve to the left; thence along said curare 55.82 feet, said curare having a radius of 163,00 feet, a central angle of 19°37'16L and a long chord of 55.55 feet which bears South 75°00'50" West to the point of tangency; thence South 65°12'12 West, 124.84 feet to the beginning of a curve to the right; thence along said curve 45.63 feet, said curve having a radius of 67.00 feet, a central angle of 39°01'20" and a long chord of 44.75 feet which bears South 84°42'52" West to the point of tangency; thence North 75°46'28" West, 33,89 feet to a poin# on the southerly boundary line of Intermountain Outdoor Subdivision as filed in Book 101 of Plats at Pages 13,152 through 13,184, records of Ada County, Idaho; thence along said southerly boundary line North 64°35'21" East, 22.73 feet thence leaving said southerly boundary line South 75°46'28" East, 16,39 feet to the beginning of a curve to the left; /` ~ 11'i' S:USG Pro)ectslPenn Station Apts ROS 11-1101DoaumentslPathway Ease DESC.doc A thence along said curve 35.76 feet, said curve having a radius of 52.50 feet, a central angle of 39°07'20° and a long chord of 35.07 feet which bears North 84°42'52" East to the point of tangency; thence North 65°12'12" East, 124.84 feet to the beginning of a curve to the right; thence along said curve 60.79 feet, said curve having a radius of 177.50 feet, a central angle of 19°37'16" and a long chord of 60.49 feet which bears North 75°00'50" East to the point of tangency; thence North 84°49'28" East, 68.09 feet to the REAL PINT flF BEGINNING. Prepared by: Idaho Survey Group, P.C. Gregory G. Carter, P.L.S. S:VSG proJectswenn Siation Apis ROS 11-11tl1tlacumentslPathway Ease ©ESC.doc BASIS OF BEARING i/4n S 6 _ N 89'54'45" W 2641.06' '"' S 7 ~ ~-E. FAERVIEW AVE. 1992.87' - - - W C.~ W W z 0 ~; CURVE TABLE Curve Radius Length Chord Oist. Chord Brg. p~{a C1 163,00 55.82 55.55 5 75'00'50° W 19'37'16" C2 67.00 45.63 44,75 S 84'42'52" W 39'01'20" C3 52.50 35.76 35.47 N 84'42'52" E 3x'01'20" Cd 177.50 50.79 50.49 N 75'00'50° £ 19.37'76" r~~~. ~ sG o ~~. 7729 G~~'9TF OF ~d~~~~ `~,.~4 Y G. G A~ 1Q b0 180 0 30 120 SCALE: 1 " = DO' Slo:on ap1Y ROS 11-i '"` " IDAHO ::SURVEY GROUP, P.C. LOCATED IH THp NE 1J4 OF• SECIFOH 7, T.3N., R.tE, B.N., BOISE, AOA COUNTY, WANG JOB K0. „-na DWG. DATE 1/9/12 S ro 'n o ~ INTERMOUNTAIN OUTDOORS SUB ~1 0'~ o~ L'J o ~_ ~ R. BI S 6 S 5 S 7 S 8 [3LOCK 1 ~ ~ ' ~~ &8.0,9' " 1y @449 2@ - - - E _ S 00'00'07" W ' / pb _ - ~ ~~~' " - 14.56 ~ ~~ ..~- ~ S 8x•49'28 W ,~.~ ~~ ..~ " G1 66.77 ~ a ~2 =~~ ,..Z~ S~Z:~ ~~ ,.~$k ~~i4.s vn~_E_pnmwnr e~se~E~r 6 ` ~' ~ ~- z O '/',i5k ~ 3g N 6. ~v ~ ~ CITY OF MERIDIAN S ~6• .- ~ ? ~ . ~ /~• C3 ~~/ i~ 65~~ ' ~ > r ' 1 13 a~ I ~ O N 75'46'28' W !~ LTl 33.88' 111 = r 14 .Q PENN STATION APARTMENTS I 1 ~ 15 N Y ~utw: t~rnc+l E["L't,dwp I/y(2pt2 77;51; 3d wL u5i EXHIBIT DRAWING FOR ,46G E. YYATERT0IVER ST. PENN STATION APARTMENTS n+ewolAN.Iwwo e~saz $`°~"° CITY OF MERIDfAN-PATHWAY EASEMENT izae) e~es~o _ -. ri ian ify ounillV/in T e April 24, 2012 I`r a 6 J 1' U . ir~nn TITL.Eo pproval of ward of i and reement for "Pine Street Sewer Connector" to Brown Construction, Inc. for the Not-To-Exceed amount of $204,323.75 ~1~t~dbti~P~ Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: IE-MSTAFFTOI AGENCY I APPLICANT I NOTES I INITIALS ~~i5~~1'~;F~~~~~~rifi~T~=~~ _ r ~~ ~ ~_~ ~~ t ~, To: Jaycee L. Holman, City Clerk, From: Keith Watts, Purchasing Manager CC: John Boyd, Jacy Jones Date: 4/18/12 e: April 24 City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the April 24 City Council Consent Agenda for Council's consideration. Approval of Award of Bid and Agreement for "Pine Trunk Sewer Connector" to Brown Construction, inc. and authorize the Mayor to sign the Agreement for the Not-To- Exceed Amount of $204,323.75. This award is the result of Formal IFB #PW-12- 10029A issued March 23~d and opened April 12~'. Four bids were received. Recommended Council Action: Approval of Award of Bid and Authorize the Mayor to sign the Agreement for the Not-To-Exceed amount of the Low Bid of $204,323.75. Thank you for your consideration. Page 1 Mayor Tammy de Weerd City ®un~il a berg Keith Bird Brad Hoaglun Charles Rountree David Zaremba TO: PURCHASING FROM: John Boyd Engineering Technician II DATE: 4/16/2012 SUBJECT: PINE TRUNK SEWER CONNECTOR PROJECT I, DEPARTMENT CONTACT PERSONS John Boyd, Project Manager ..............................................................................................489-0364 Clint Dolsby, Asst. City Engineer ......................................................................................489-0341 Warren Stewart, PW Engineering Manager .......................................................................489-0350 Tom Barry, Director of Public Works ................................................................................489-0372 II. DESCRIPTION A. Back rg ound The Public Works Department continually strives to increase reliability of the sewer collection system by improving efficiency through regular maintenance and expansions of the collection system. B, Proposed Project The proposed project was identified in the 2010 Meridian Sewer Master Plan list of short- term improvements. It consists of connecting an existing sewer pipeline at the Pine Street/Ten Mile Intersection with an existing sewer pipeline at the eastern side of Fuller Park. This project will result in the abandonment of Moshers Farm and Meirywood Lift Stations, thereby eliminating an estimated $23,200 per year of operation and maintenance expense to maintain them. Additionally, the Merrywood Lift Station is in disrepair and will require approximately $75,000 in repairs over the next one to two years. Brown Construction was the lowest bidder at $204,323.75 and the Public Works Department recommends awarding the contract to them. Page 1 of 2 III. IMPACT A. Service/Deliverv Impact: The extension of this sewer line completes the Pine Trunk Sewer, directing flow away from and providing relief to the Ten Mile Trunk Sewer. The elimination of 2 lift stations will increase reliability, save on long-term operation and maintenance costs, and will reduce foul odors that tend to occur at lift stations. B. Strate ig c Impact: This project meets our mission requirements to indentify and prioritize work to anticipate, plan and provide public services and facilities that support the needs of our growing community and ensure modern reliable facilities while maintaining financial stewardship. C. Fiscallmpacts: Account # 3590-93505 Budgeted Amount - Enhancment 14 ..............................................................$460,000.00 Current Obligations IV. LIST OF ATTACHMENTS A. Purchase Order Requisition B. Bid Tabulation Spreadsheet C. Engineering Construction Cost Estimate APPROVED FOR BID /AWARD PROCESS J ~ ,. . ®~Bd~ a, ~4, Tarren Stewax~, PE -Engineering Manager ............................................................................................... N/A Balance Available for Construction ............................................................... $460,000.00 Proposed Construction Cost ..........................................................................$204,323.75 Projected Remaining Budget Amount ............................................................$255,676.25 Da Page 2 of 2 AGREEMENT FOR INDEPENDENT CONT CTO SERVICES PINE TRUNK SEWER CONNECTOR PROJECT PW-12-10029A TWIS AGREEMENT FOR INDEPENDENT CONTRACTOR SERVICES is made this 24th day of A ril, 2012, and entered into by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "CITY", 33 East Broadway Avenue, Meridian, Idaho 83642, and Brown Construction. Inc ,hereinafter referred to as "CONTRACTOR", whose business address is PO Box 495 Nampa ID 83653 and whose Public Works Contractor License # is C-10436. INTRODUCTION Whereas, the City has a need for services involving PINE TRUNK SEWER CONNECTOR; and WHEREAS, the Contractor is specially trained, experienced and competent to perform and has agreed to provide such services; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties agree as follows: TERMS AND CONDITIONS 1. Scope of Work: 1.1 CONTRACTOR shall perform and furnish to the City upon execution of this Agreement and receipt of the City's written notice to proceed, all services and work, and comply in all respects, as specified in the document titled "Scope of Work" a copy of which is attached hereto as Attachment "A" and incorporated herein by this reference, together with any amendments that may be agreed to in writing by the parties. 1.2 All documents, drawings and written work product prepared or produced by the Contractor underthis Agreement, including without limitation electronic data files, are the property of the Contractor; provided, however, the City shall have the right to reproduce, publish and use all such work, or any part thereof, in any manner and for any purposes whatsoever and to authorize others to do so. If any such work is copyrightable, the Contractor may copyright the same, except that, as to any work which is copyrighted by the Contractor, the City reserves a royalty-free, non-exclusive, and irrevocable license to reproduce, publish and use such work, or any part thereof, and to authorize others to do so. Pine Trunk Sewer page 1 of 12 Project 10029a 1.3 The Contractor shall provide services and work under this Agreement consistent with the requirements and standards established by applicable federal, state and city laws, ordinances, regulations and resolutions. The Contractor represents and warrants that it will perform its work in accordance with generally accepted industry standards and practices for the profession or professions that are used in performance of this Agreement and that are in effect at the time of performance of this Agreement. Except for that representation and any representations made or contained in any proposal submitted by the Contractor and any reports or opinions prepared or issued as part of the work performed by the Contractor under this Agreement, Contractor makes no other warranties, either express or implied, as part of this Agreement. 1.4 Services and work provided by the Contractor at the City's request under this Agreement will be performed in a timely manner in accordance with a Schedule of Work, which the parties hereto shall agree to. The Schedule of Work may be revised from time to time upon mutual written consent of the parties. 2. Consideration 2.1 The Contractor shall be compensated on aNot-To-Exceed basis as provided in Attachment B "Payment Schedule" attached hereto and by reference made a part hereof for the Not-To-Exceed amount of $204,323.75. 2.2 The Contractor shall provide the City with a monthly statement, as the work warrants, of fees earned and costs incurred for services provided during the billing period, which the City will pay within 30 days of receipt of a correct invoice and approval by the City. The City will not withhold any Federal or State income taxes or Social Security Tax from any payment made by City to Contractor under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums is the sole responsibility of Contractor. 2.3 Except as expressly provided in this Agreement, Contractor shall not be entitled to receive from the City any additional consideration, compensation, salary, wages, or other type of remuneration for services rendered under this Agreement including, but not limited to, meals, lodging, transportation, drawings, renderings or mockups. Specifically, Contractor shall not be entitled by virtue of this Agreement to consideration in the form of overtime, health insurance benefits, retirement benefits, paid holidays or other paid leaves of absence of any type or kind whatsoever. Pine Trunk Sewer page 2 of 12 Project 10029a 3. Term: 3.1 This agreement shall become effective upon execution by both parties, and shall expire upon (a) completion of the agreed upon work, (b) September 30, 2012 or (c) unless sooner terminated as provided below or unless some other method or time of termination is listed in Attachment A. 3.2 Should Contractor default in the performance of this Agreement or materially breach any of its provisions, City, at City's option, may terminate this Agreement by giving written notification to Contractor. 3.3 Should City fail to pay Contractor all or any part of the compensation set forth in Attachment B of this Agreement on the date due, Contractor, at the Contractor's option, may terminate this Agreement if the failure is not remedied by the City within thirty (30) days from the date payment is due. 3.4 TIME FOR EXECUTING CONTRACT AND LIQUIDATED DAMAGES Upon receipt of a Notice to Proceed, the Contractor shall have 110 (one hundred ten) calendar days to complete the work as described herein. Milestone Dates have been established for the following three deliverables. Contractor shall be liable to the City for any delay beyond the time periods stated in the amount of $500.00 (five hundred dollars) per calendar day for each deliverable. Such payment shall be construed to be liquidated damages by the Contractor in lieu of any claim or damage because of such delay and not be construed as a penalty. Milestone 1 - Trunkline Substantial Completion - 55 (fifty-five) days Milestone 2 -Lift Stations -Substantial Completion - 45 (forty five) days Milestone 3 -Final Completion - 15 (fifteen) days 4. Termination: 4.1 If, through any cause, CONTRACTOR, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if the City Council determines that termination of this Agreement is in the best interest of CITY, the CITY shall thereupon have the right to terminate this Agreement by giving written notice to CONTRACTOR of such termination and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination: CONTRACTOR may terminate this agreement at any time by giving at least sixty (60) days notice to CITY. In the event of any termination of this Agreement, all finished or unfinished documents, data, and reports prepared by CONTRACTOR under this Pine Trunk Sewer page 3 of 12 Project 10029a Agreement shall, at the option of the CITY, become its property, and CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. 4.2 Notwithstanding the above, CONTRACTOR shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by CONTRACTOR, and the CITY may withhold any payments to CONTRACTOR for the purposes of set-off until such time as the exact amount of damages due the CITY from CONTRACTOR is determined. This provision shall survive the termination of this agreement and shall not relieve CONTRACTOR of its liability to the CITY for damages. 5. Independent Contractor: 5.1 In all matters pertaining to this agreement, CONTRACTOR shall be acting as an independent contractor, and neither CONTRACTOR nor any officer, employee or agent of CONTRACTOR will be deemed an employee of CITY. Except as expressly provided in Attachment A, Contractor has no authority or responsibility to exercise any rights or power vested in the City and therefore has no authority to bind or incur any obligation on behalf of the City. The selection and designation of the personnel of the CITY in the performance of this agreement shall be made by the CITY. 5.2 Contractor, its agents, officers, and employees are and at all times during the term of this Agreement shall represent and conduct themselves as independent contractors and not as employees of the City. 5.3 Contractor shall determine the method, details and means of performing the work and services to be provided by Contractor under this Agreement. Contractor shall be responsible to City only forthe requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of Contractor in fulfillment of this Agreement. If in the performance of this Agreement any third persons are employed by Contractor, such persons shall be entirely and exclusively underthe direction and supervision and control of the Contractor. 6. Indemnification and Insurance: 6.1 CONTRACTOR shall indemnify and save and hold harmless CITY from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses and other costs including litigation costs and attorney's fees, arising out of, resulting from, or in connection with the performance of this Agreement by the CONTRACTOR, its servants, agents, officers, employees, guests, and Pine Trunk Sewer Project 10029a page 4 of 12 business invitees, and not caused by or arising out of the tortious conduct of CITY or its employees. CONTRACTOR shall maintain and specifically agrees that it will maintain throughout the term of this Agreement liability { insurance m which the CITY shall be named an additional insured in the minimum amounts as follow: General Liability One Million Dollars ($1,000,000) per incident or occurrence, Automobile Liability Insurance One Million Dollars ($1,000,000) per incident or occurrence and Workers' Compensation Insurance, in the statutory limits as required by law.. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless CITY; and if CITY becomes liable for an amount in excess of the insurance limits, herein provided, CONTRACTOR covenants and agrees to indemnify and save and hold harmless CITY from and for all such losses, claims, actions, or judgments for damages or injury to persons or property and other costs, including litigation costs and attorneys' fees, arising out of, resulting from , or in connection with the performance of this Agreement by the Contractor or Contractor's officers, employs, agents, representatives or subcontractors and resulting in or attributable to personal injury, death, or damage or destruction to tangible or intangible property, including use of. CONTRACTOR shall provide CITY with a Certificate of Insurance, or other proof of insurance evidencing CONTRACTOR'S compliance with the requirements of this paragraph and file such proof of insurance with the CITY at least ten (10) days prior to the date Contractor begins performance of it's obligations under this Agreement. In the event the insurance minimums are changed, CONTRACTOR shall immediately submit proof of compliance with the changed limits. Evidence of all insurance shall be submitted to the City Purchasing Agent with a copy to Meridian City Accounting, 33 East BroadwayAvenue, Meridian, Idaho 83642. 6.2 Any deductibles, self-insured retention, or named insureds must be declared in writing and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles, self-insured retentions or named insureds; or the Contractor shall provide a bond, cash or letter of credit guaranteeing payment of losses and related investigations, claim administration and defense expenses. 6.3 To the extent of the indemnity in this contract, Contractor's Insurance coverage shall be primary insurance regarding the City's elected officers, officials, employees and volunteers. Any insurance or self- insurance maintained by the City or the City's elected officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with Contractor's insurance except as to the extent of City's negligence. 6.4 The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. Pine Trunk Sewer page 5 of 12 Project 10029a 6.5 All insurance coverages for subcontractors shall be subject to all of the insurance and indemnity requirements stated herein. 6.6 The limits of insurance described herein shall not limit the liability of the Contractor and Contractor's agents, representatives, employees or subcontractors: 7. Bonds: Payment and Performance Bonds are required on all Public Works Improvement Projects per the ISPWC and the City of Meridian Supplemental Specifications & Drawings to the ISPWC, which bythis reference are made a part hereof. 8. Warranty: Contractor must warrant the project per the ISPWC and the City of Meridian Supplemental Specifications & Drawings to the ISPWC, which by this reference are made a part hereof. 9. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: CITY City of Meridian Purchasing Manager 33 E Broadway Ave Meridian, ID 83642 208-888-4433 CONTRACTOR Brown Construction, Inc Attn: Richard Brown PO Box 495 Nampa, ID 83653 Phone: (208) 466-2871 Email; bcipipe@hotmail.com Idaho Public Works License # C-10436 Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. 10. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorneys' fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 11. Time is of the Essence: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. Pine Trunk Sewer page 6 of 12 Project 10029a 12. Assignment: It is expressly agreed and understood by the parties hereto, that CONTRACTOR shall not have the right to assign, transfer, hypothecate or sell any of its rights under this Agreement except upon the prior express written consent of CITY. 13. Discrimination Prohibited: In performing the Work required herein, CONTRACTOR shall not unlawfully discriminate in violation of any federal, state or local law, rule or regulation against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. 14. Reports and Information: 14.1 At such times and in such forms as the CITY may require, there shall be furnished to the CITY such statements, records, reports, data and information as the CITY may request pertaining to matters covered by this Agreement. 14.2 Contractor shall maintain all writings, documents and records prepared or compiled in connection with the performance of this Agreement for a minimum of four (4) years from the termination or completion of this or Agreement. This includes any handwriting, typewriting, printing, photo static, photographic and every other means of recording upon any tangible thing, any form of communication or representation including letters, words, pictures, sounds or symbols or any combination thereof. 15. Audits and Inspections: At any time during normal business hours and as often as the CITY may deem necessary, there shall be made available to the CITY for examination all of CONTRACTOR'S records with respect to all matters covered by this Agreement. CONTRACTOR shall permit the CITY to audit, examine, and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. 16. Publication, Reproduction and Use of Material: No material produced in whole or in part under this Agreement shall be subject to copyright in the United States or in any other country. The CITY shall have unrestricted authority to publish, disclose and otherwise use, in whole or in part, any reports, data or other materials prepared under this Agreement. 17. Compliance with Laws: In performing the scope of work required hereunder, CONTRACTOR shall complywith all applicable laws, ordinances, and codes of Federal, State, and local governments. 18. Changes: The CITY may, from time to time, request changes in the Scope of Work to be performed hereunder. Such changes, including any increase or decrease in the amount of CONTRACTOR'S compensation, which are mutually agreed upon by and between the CITY and CONTRACTOR, shall Pine Trunk Sewer page 7 of 12 Project 10029a be incorporated in written amendments which shall be executed with the same formalities as this Agreement. 19. Construction and Severability: If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. 20. Waiver of Default: Waiver of default by either party to this Agreement shall not be deemed to be waiver of any subsequent default. Waiver or breach of any provision of this Agreement shall not be deemed to be a waiver of any other or subsequent breach, and shall not be construed to be a modification of the terms of this Agreement unless this Agreement is modified as provided above. 21. Advice of Attorney: Each party warrants and represents that in executing this Agreement. It has received independent legal advice from its attorney's or the opportunity to seek such advice. 22. Entire Agreement: This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. 23. Order of Precedence: The order or precedence shall be the contract agreement, the Invitation for Bid document, then the winning bidders submitted bid document. 24. Public Records Act: Pursuant to Idaho Code Section 9-335, et seq., information or documents received from the Contractor may be open to public inspection and copying unless exempt from disclosure. The Contractor shall clearly designate individual documents as "exempt" on each page of such documents and shall indicate the basis for such exemption. The CITY will not accept the marking of an entire document as exempt. In addition, the CITY will not accept a legend or statement on one (1) page that all, or substantially all, of the document is exempt from disclosure. The Contractor shall indemnify and defend the CITY against all liability, claims, damages, losses, expenses, actions, attorney fees and suits whatsoever for honoring such a designation or for the Contractor's failure to designate individual documents as exempt. The Contractor's failure to designate as exempt any document or portion of a document that is released by the CITY shall constitute a complete waiver of any and all claims for damages caused by any such release. 25. Applicable Law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. Pine Trunk Sewer page 8 of 12 Project 10029a 26. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. CITY OF MERIDIAN BY: TAMMY de W ,MAYOR Dated: 7 ~~ 7 ~' BROWN CONSTRUCTION, INC ~i BY: RICHARD BROWN Dated: % ~'~~~ Approved by Council: ~/ o O~p,TED AUCU Attu ~7 / / ti~G~~ ~ ~~~9¢• Pine Trunk Sewer Project 10029a page9of12 Attachment B MILESTONE I PAYMENT SCHEDULE A. Total and complete compensation for this Agreement shall not exceed $204,323.75. ~-- ~ ~~~~~ T-t~9~~SfiN L~~~~ I~SICHUL~ ~~~-~ ~~ ~ - Milestone 1 Sewer Trunkline -Substantial Completion 55 (fifty five) days Milestone 2 Lift Station -Substantial Completion 45 (forty five) days Milestone 3 Final Completion 20 (twenty) days ~-~~~ ~ ~ ?~PRl~ll'~~ ~CI~~Et~~tl~E~ ~~~- ~=£ ~- ~~ Contract includes furnishing all labor, materials, equipment, and incidentals as required for TRUNK SEWER CONNECTOR per IFB PW-12-10029a the PINE Total Bid Schedule ...................$204,323.75 CONTRACT TOTAL .......................$204,323.75 ITEM PRICING BELOW WILL BE USED FOR CHANGE ORDER PRICING ONLY. -- - -- - - -- - - -- - - -'- - - - -- - - - { ----i- - - I Bid Schedule A -Milestone 1: 12" Gravity Sewer Pay Item Reference Descri tion Estimated Quantit Unit Unit Price 202.4.8.A.1 Dust Abatement Water 63 MG $ 15.00 205.4.1.8.1 Dewatering 1 LS $ 6,500.00 306.4.1.D.1 Im orted Trench Backfill 250 CY $ 17.00 307.4.1.A.5 Miscellaneous Surface Restoration Cultivated Field 7556 SY $ 2.25 307.4.1.E.1 T e "C"Surface Restoration Gravel 41 SY $ 22.50 307.4.1.G.1 T e "P"Surface Restoration As halt Roadwa 158 SY $ 30.50 307.4.1.J.1 Gravel Access Road 1408 LF $ 16.00 402.4.2.A.1 Remove & Reset Blow-off Assembl 1 EA $ 1,520.00 402.4.2.8.1 Remove & Reset Water Valve 1 EA $ 570.00 501.4.1.8.1 Gravity Sewer Pipe - 12" PVC (includes excavation, beddin , backfill, etc. 1429 LF $ 38.00 501.4.1.E.1 Drain & Ca Existin Gravit Sewer - 12" 1 EA $ 481.00 Pine Trunk Sewer page 11 of 12 Project 10029a 502.4.1.A.1 502.4.1.C.1 Sanita Sewer Manhole - 48" T e A Plastic Lined Sanita Sewer Manhole - 48" T e A 5 1 EA EA $ 3,346.00 $ 6,162.00 502.4.1.G.1 Remove and Re lace Manhole Base - 48" Diameter 1 EA $ 3,209.00 601.4.1.A.5 Gravi Irri ation Pi e, 10" C900 PVC, DR 25 38 LF $ 33.50 601.4.1.8.1 Cut and Re lace Culvert - 12" CMP 2 EA $ 340.00 602.4.1.M.1 Concrete Irri ation Box - 5'-6" Lon x 3'-0"Wide 1 EA $ 2,646.00 602.4.1.0.1 Concrete Irri ation Ditch - 3'-4" Wide x 1'-2" Dee 24 LF $ 69.00 602.4.1.S.1 Remove Existin Concrete Ditch 10 LF $ 10.00 706.4.1.8.1 Concrete Valle Gutter 35 LF $ 35.00 1001.4.2.A.1 Sta in Area 1 EA $ 1,500.00 1001.4.2.8.1 Stabilized Construction Entrance 1 EA $ 500.00 1003.4.1.C.1 Silt Fence 1450 LF $ 1.50 1006.4.1.C.1 Inlet Protection 3 EA ~ $ 44.00 1103.4.1.A.1 Construction Traffic Control 1 LS $ 3,218.00 2010.4.1.A.1 Mobilization 5% Max. 1 LS $ 2,500.00 2040.4.1.8.1 Stock Gate 1 EA $ 465.00 SP-142.4.1.C.1 Remove & Reset Si n -ACRD Traffic Barrier 2 EA $ 280.00 SP-216.4.1.A.1 Storm Water Mana ement 1 LS $ 2,358.00 Bid Schedule -Milestone 2: Lift Station Abandonments Pay Item Reference ~ Descri tion Estimated Quantit Unit Unit Price 307.4.1.A.7 Miscellaneous Surface Restoration Natural Ground 86 SY $ 6.25 501.4.1.8.1 Gravity Sewer Pipe - 8" PVC (includes excavation, beddin , backfill, surface re air, etc. 205 LF $ 55.75 501.4.1.E.1 Drain & Ca Existin Gravit Sewer - 8" 2 EA $ 745.00 502.4.1.A.1 Sanita Sewer Manhole - 48" T e A 1 EA 502.4.1.F.1 Rechannel and Connect to Existin Manhole, 8" Sewer 1 EA $2,000.00 502.4.1.H.1 48" T e A S ecial Manhole 1 EA $ 2,948.00 502.4.1.H.3 48" T e A S ecial Manhole -Plastic Lined 1 EA $ 4,830.00 505.4.1.D.1 Drain & Ca Existin Pressure Sewer - 4" 6 EA $ 326.00 507.4.1.1.1 Rechannel and Rehabilitate Wet Well -Mosher Farm Lift Station 1 LS $ 3,541.00 1001.4.2.8.1 Stabilized Construction Entrance 2 EA $ 300.00 1003.4.1.C.1 Silt Fence 500 LF $ 1.50 SP-2105.4.1.A.1 Sewa e B ass S stems -Mosher Farm Lift Station 1 LS $1,341.00 SP-2105.4.1.A.1 Sewa e B ass S stems -Mer ood Lift Station 1 LS $3,200.00 SP-2142.4.1.A.1 Remove Tree 3 EA $ 100.00 SP-2142.4.1.8.1 Remove & Re lace Tree 3 EA $100.00 SP-2142.4.1.C.1 Remove & Reset Si n - Mornin Glo II Subdivision 1 EA $ 300.00 SP-2155.4.1.A.1 Lift Station Abandonment -Mosher Farm 1 LS $ 1,700.00 SP-2155.4.1.8.1 Lift Station Abandonment -Mer ood 1 LS $ 1,700.00 Travel expenses, if applicable, will be paid at no more than the City of Meridian's Travel and Expense Reimbursement Policy. 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12" 1 EA $750,00 $750 502.4.1.A.1 Sanitary Sewer Manhole-48"TypeA 5 EA $2,865.00 $14,325 502.4.i.C.1 Plastic Lined Sanitary Sewer Manhole - 48" TypeA 1 EA $6,905.00 $6,905 502.4.S,G.1 Remove and Replace Manhole Base - 48" Diameter 1 EA $1,500.00 $1,500 601.4.1.A,5 Gravity Irrigation Pi e, 10" C900 PVC, DR 25 38 LF $50.00 $1,900 601,4.1,8.1 Cut and Re lace Culvert -12" CMP 2 EA $750.00 $1,500 602.4.1.M.1 Concrete Irrigation Box-5'-6" Longx 3'-0"Wide 1 EA $3,500.00 $3,500 602.4.1,0.1 Concrete Irrigation Ditch - 3'-4" Wide x 1'-2" Deep 24 LF $75.00 $1,800 602.4.8.8.1 Remove Existin Concrete Ditch 10 LF $10.00 $100 706.4,8.8.1 Concrete Valle Gutter 35 LF $75.00 $2,625 1001.4.2.A.1 Staging Area 1 EA $5,000,00 $5,000 1001,4.2.8.1 Stabilized Construction Entrance 1 EA $200.00 $200 1003.4.1,C.1 Silt Fence 1450 LF $5.00 $7,250 1006.4.1,C,1 Inlet Protection 3 EA $45.00 $135 1103.4.1,A,1 Construction Traffic Control 1 LS $5,000.00 $5,000 2010.4.S,A,1 Mobilization (5% Max.) 1 LS $16,401.50 $16,402 2040.4.1.8.1 Stock Gate i EA $1,500.00 $1,500 5P-2142.4.1,C.1 Remove & Reset Sign -ACRD Traffic Barrier 2 EA $250.00 $500 SP-2216,4.1.A.1 Storm Water Management 1 LS $3,500,00 $3,500 Estimated Total Construction Cost -Bid Schedule A: $263,713 ay tem Reference Item Description Est mate Quantity Unit Unit Price Total Price Bld Schedule 8 - Mlfestone 2: UJtStatlon Abandonments 307.4.1,A.7 Miscellaneous Surface Restoration (Natural Ground) 86 SY $1.50 $129 501.4.1.8.1 Gravity Sewer Pipe - 8" PVC (includes excavation, bedding, backflll, surface repair, etc.) 205 LF $75.00 $15,375 501.4,1.E.1 Drain & Ca Existing Gravit Sewer - 8" 2 EA $2,500.00 $5,000 502.4,1.A.1 Sanitary Sewer Manhole - 48" Type A 1 EA $2,865.00 $2,865 502.4.1,F.1 Rechannel and Connect to Existing Manhole, 8"Sewer 1 EA $2,000.00 $2,000 502.4,1.H.1 48" T e A S eclat Manhole 1 EA $3,500.00 $3,500 602.4.S.H.3 48" T pe A Special Manhole -Plastic Lined i EA $6,500,00 $6,500 505.4.1,0.1 Drain & Cap Existing Pressure Sewer-4" 6 EA $1,000.00 $6,000 507,4.1,1.1 Rechannel and Rehabilitate Wet Well- Mosher Farm Lift Statlon 1 LS $6,500.00 $6,500 1001.4.2.8.1 Stabilized Construction Entrance 2 EA $200.00 $400 1003.4.1,C.1 Sllt Fence 500 LF $5,00 $2,500 SP-2105.4.1.A.1 Sewage Bypass Systems -Mosher Farm Lift Station 1 LS $2,500.00 $2,500 SP-2106.4.S,A,1 Sewage By ass Systems - Merrywood Uft Statlon 1 LS $3,500.00 $3,500 SP-2142.4,S,A.1 Remove Tree 3 EA $100.00 $300 SP-2142.4,1.8.1 Remove & Replace Tree 3 EA $300.00 $900 SP-2142.4.1.C.1 Remove & Reset Sign -Morning Glory II Subdivision 1 EA $750.00 $750 SP-2165.4.1,A,1 Uft Station Abandonment -Mosher Farm 1 LS $12,000.00 $12,000 SP-2155.4.1.8,1 LiftStatfonAbandonment-Merrywood 1 LS $10,000.00 $10,000 Estimated Total Construction Cost -Bid Schedule B: $80,719 Estimated Total Construction Cost -Bid Schedule A & B: $344,432 ~® ian iy Cecil ®n T :April 24, 2012 I1° U : 6 J T' U i~°~~ Ti°rLE: pproval of ward of id and reernn~ for "Water Line Replacement - W Carlton NW 11th to Washington Dr. & W State" to Dahle Construction, LLC for the Not-To-Exceed amount of $258,034.00 ~ ~'%~ a iii ~~1~~ r~. ~=~1 Yo: Jaycee L. Holman, City Clerk, From: Keith Watts, Purchasing Manager CC: John Boyd, Jacy Jones Date: 4/18/12 Re: April 24 City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the April 24 City Council Consent Agenda for Council's consideration. Approval of Award of Bid and Agreement for "Water Line Replacement - W Carlton NW 11~'to Washington Dr & W State" to Dahle Construction. LLC. and authorize the Mayor to sign the Agreement for the Not-To-Exceed Amount of $258,034.00. This award is the result of Formal IFB #PW-12-10215A issued March 19~' and opened April 9~'. Five bids were received. Recommended Council Action: Approval of Award of Bid and Authorize the Mayor to sign the Agreement for the Not-To-Exceed amount of the Low Bid of $258,034.00. Thank you for your consideration. Page 1 Mayor Tammy de Weerd TO: PURCHASING FROM: John Boyd Engineering Technician II DATE: 4/12/12 ii~y ®saneil a er8® Keith Bird Brad Hoaglun Charles Rountree David Zaremba SUBJECT: NW 11TH ST / W. CARLTON / W. WASHINGTON / WATER LINE REPLACEMENTS CONSTRUCTION PROJECT I. DEPARTMENT CONTACT PERSONS John Boyd, Project Manager ..............................................................................................489-0364 Kyle Radek, Asst. City Engineer .......................................................................................489-0343 Warren Stewart, PW Engineering Manager .......................................................................489-0350 Tom Barry, Director of Public Works ................................................................................489-0372 II. DESCRIPTION A. Back_ ound The Public Works Department has budgeted for the replacement of aging water lines throughout the City. A replacement priority schedule has been completed based on pipe material, size, condition and age. B. Proposed Project This project will replace the water lines and water services in the following streets: • NW 11"' Street from W Camellia Lane to W State Street ® W Washington Drive from NW 11`h Street to W 9"' Avenue ® W 9`" Avenue from W Washington Drive to W Carlton Avenue ® W Carlton Avenue from NW 11`h Street to NW 8"' Street This project is one of the highest priority water line replacement projects because the current pipes consist of aged 4 and 6-inch cast iron materials which were verified during the design phase by a subsurface investigation. Dahle Construction was the lowest bidder at $258,034.00 and the Public Works Department recommends awarding the contract to them. Page 1 of 2 III. IMPACT A. Service/Delivery Impact: Through record drawings, the water lines within the project area were found to be cast iron pipe installed in the late 1960's. This pipe replacement was identified as a priority based on age, undesirable pipe material, and size which cause an increased risk of breaks and reduced fire flows. The existing pipe will be replaced with 8-inch PVC which will provide more reliable service, increased fire flows and improved water quality. The replacement of these pipes will significantly reduce the risk of costly breakages, ensure that dependable service is provided to current and future customers and extend the life of City infrastructure. B. Strate icgImpact: This project meets our mission requirements to indentify and prioritize work to anticipate, plan and provide public services and facilities that support the needs of our growing community and ensure modern reliable facilities while maintaining financial stewardship. C. Fiscallmnacts: Account # 3490-95000 Budgeted Amount .......................................................................................... $613,505 Current Obligations ....................................................................................... 295 900 Balance Available for Construction ............................................................... $317,605 Proposed Construction Cost ........................................................................... 258 034 Projected Remaining Budget Amount ................................................... $59,571 IV. LIST OF ATTACHMENTS A. Bid Tabulation Spreadsheet B. Engineering Construction Cost Estimate C. Purchase Order Requisition APPROVED FOR BID /AWARD PROCESS Warren Stewart, PE -Engineering Manager `~ h f Z. Date Page 2 of 2 AGREEMENT FOR INDEPENDENT CONTRACTOR SERVICES (WATER LINE REPLACEMENT - W CARLTON - NW 11TH TO WASHINGTON DR & W STATE TO CAMELIA) PROJECT 10215a THIS AGREEMENT FOR INDEPENDENT CONTRACTOR SERVICES is made this I2'~~ day of ,A~r'il, 2012, and entered into by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "CITY", 33 East Broadway Avenue, Meridian, ldaho 83642, and Dahle ConstructionLt.LG, hereinafter referred to as "CONTRACTOR", whose business address is 90 Hwy 93 North, Salmon, 1D 83467 and whose Public Works Contractor License # is 011353. INTRODUCTION Whereas, the City has a need for services involving WATER LINE REPLACEMENT - W CARLTON - NW 1 iTH TO WASHINGTON DR & W STATE TO. CAMELIA; and WHEREAS, the Contractor is specially trained, experienced and competent to perform and has agreed to provide such services; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties agree as follows: TERMS AND CONDITIONS Scope of Work: 1.1 CONTRACTOR shall perform and furnish to the City upon execution of this Agreement and receipt of the City's written notice to proceed, all services and work, and comply in all respects, as specified in the document fitted "Scope of Work" a copy of which is attached hereto as Attachment "A" and incorporated herein by this reference, together with any amendments that may be agreed to in writing by the parties. 1.2 All documents, drawings and written work product prepared or produced by the Contractor under this Agreement, including without limitation electronic data files, are the property of the Contractor; provided, however, the City shall have the right to reproduce, publish and use all such work, or any part thereof, in any manner and for any purposes whatsoever and to authorize others to do so, If any such work is copyrightab[e, the Contractor may copyright the same, except that, as to any work which is copyrighted by the Contractor, the City reserves a Water Llne Replacement - W Carlton - NW 11th to Washington Dr & W State to Camelia page 1 of 12 Project 10215a royalty-free, non_exclusive, and irrevocable license to reproduce, publish and use such work, or any part thereof, and to authorize others to do so. 1.3 The Contractor shall provide services and work under this Agreement consistent with the requirements and standards established by applicable federal, state and city laws, ordinances, regulations and resolutions. The Contractor represents and warrants that it will perform its work in accordance with generally accepted industry standards and practices for the profession or professions that are used in performance of this Agreement and that are in effect at the time of performance of this Agreement. Except for that representation and any representations made or contained in any proposal submitted by the Contractor and any reports or opinions prepared or issued as part of the work performed by the Contractor under this Agreement, Contractor makes no other warranties, either express or implied, as part of this Agreement. 1.4 Services and work provided by the Contractor at the City's request under this Agreement will be performed.in a timely manner in accordance with a Schedule of Work, which the parties hereto shall agree to. The Schedule of Work may be revised from time to time upon mutual written consent of the parties. 2. Consideration 2.1 The Contractor shall be compensated on aNot-To-Exceed basis as provided in Attachment B "Payment Schedule" attached hereto and by reference made a part hereof for the Not-To-Exceed amount of $258,034.00_ 2.2 The Contractor shall provide the City with a monthly statement, as the work warrants, of fees earned and costs incurred for services provided during the billing period, which the City will pay within 30 days of receipt of a correct invoice and approval by the City. The City will not withhold any Federal or State income taxes or Social Security Tax from any payment made by City to Contractor under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums is the sole responsibility of Contractor. 2.3 Except as expressly provided in this Agreement, Contractor shalt not be entitled to receive from the City any additional consideration, compensation, salary, wages, or other type of remuneration for services rendered under this Agreement including, but not limited to, meals, lodging, transportation, drawings, renderings or mockups. Specifically, Contractor shall not be entitled by virtue of this Agreement to consideration in the form- of overtime, health insurance benefits, retirement benefits, paid holidays or other paid leaves of absence of any type or kind whatsoever. Water Line Replacement - W Carlton - NW 11th to Washington Dr & W State to Camelia page 2 of 12 Pro(ect 10215a 3. Term: 3.t This agreement shall become effective upon execution by bath parties, and shall expire upon (a) completion of the agreed upon work, (b) September 30, 2012 or (c) unless sooner terminafied as provided below or unless same other method or time of termination is listed in Attachment A. 3.~ Should Contractor default in the performance of this Agreement or materially breach any of its provisions, City, at City's option, may terminate this Agreement by giving written notification to Contractor. 3.3 Should City fail to pay Contractor all or any part of the compensation set forth in Attachment B of this Agreement on the date due, Contractor, at the Contractor's option, may terminate this Agreement if the failure is not remedied by the City within thirty (30) days from the date payment is due. 3.4 T1ME FOR EXECUTING CONTRACT AND LIQUIDATED DAMAGES Upon receipt of a Notice to Proceed, the Contractor shall have 1 t 0 (one hundred ten) calendar days to complete the work as described herein. Milestone Dates have been established for the following two deliverables. Contractor shall be liable to the City for any delay beyond the #ime periods stated in the amount of $500.00 (five hundred dollars) per calendar day for each deliverable. Such payment shall be construed to be liquidated damages by the Contractor in lieu of any claim or damage because of such delay and not be construed as a penalty. Milestone 1 -Substantial Completion - 90 (ninety) days Milestone 2 -Final Completion - 20 (twenty} days 4. Termination: 4.1 [f, through any cause, CONTRACTOR, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if the City Council determines that termination of this Agreement is in the best interest of CITY, the CITY shall thereupon have the right to terminate this Agreement by giving written notice to CONTRACTOR of such termination Water Line Replacement - W Carlton - NW 11th to Washln9ton Dr & W State to Camelia page 3 of i2 Project 10215a and specifying the effective date #hereof at least fifteen (i 5) days before the effective date of such termination. CONTRACTOR may terminate this agreement at any time by giving at least sixty (60) days notice to CITY. In the event of any termination of this Agreement, all finished or unfinished documents, data, and reports prepared by CONTRACTOR under this Agreement shall, at the option of the CITY, become its property, and CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. 4.2 Notwithstanding the above, CONTRACTOR shat[ not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by CONTRACTOR, and the CITY may withhold any payments to CONTRACTOR for the purposes of set-off until such time as the exact amount of damages due the CITY from CONTRACTOR is determined. This provision shall survive the termination of this agreement and shall not relieve CONTRACTOR of its Lability to the CITY for damages. 5. independent Contractor: 5.1 In all matters pertaining to this agreement, CONTRACTOR shall be acting as an independent contractor, and neither CONTRACTOR nor any officer, employee or agent of CONTRACTOR will be deemed an employee of CITY. Except as expressly provided in Attachment A, Contractor has no authority or responsibility to exercise any rights or power vested in the City and therefore has no authority to bind or incur any obligation on behalf of the City. The selection and designation of the personnel of the CITY in fhe performance of this agreemenfi shall be made by the CITY. 5.2 Contractor, its agents, officers, and employees are and at all times during the term of this Agreement shall represent and conduct themselves as independent contractors and not as employees of the City. 5.3 Contractor shall determine the method, details and means of performing the work and services to be provided by Contractor under this Agreement. Contractor shat! be responsible to City only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of Contractor in fulfillment of this Agreement. If in the performance of this Agreement any third persons are employed by Contractor, such persons shall be entirely and exclusively under the direction and supervision and control of the Contractor. Water Line Replacement - W Carlton - NW ii th to Washington tar & W State to Camelia page 4 of 12 Project 1U215a 6. lndemnificatlon and Insurance; 6.1 CONTRACTOR shalt indemnify and save and hold harmless CITY from and for any and all Ivsses, claims, actions, judgments far damages, or injury to persons or property and losses and expenses and other costs including litigation costs and attorney's fees, arising out of, resulting from, or in connection with the performance of this Agreement by the CONTRACTOR, ifs servants, agents, officers, employees, guests, and business invitees, and not caused by or arising out of the tortious conduct ~of CITY or its employees. CONTRACTOR shat[ maintain, ands ecificallx agrees that it will maintain, throughout the term of this Agreement, liability insurance, in which the CITY shall be named an additional insured in the minimum amounts as follow: General Liability One Million Dollars ($1,000,000) per incident or occurrence, Automobile Liability Insurance One Million Dollars ($1,000,000} per incident or occurrence and Workers' Compensation Insurance, in the statutory limits as required by law.. ~ The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless CITY; and if CITY becomes liable for an amount in excess of the insurance limits, herein provided, CONTRACTOR covenants and agrees to indemnify and save and hold harmless CITY from and far all such lasses, claims, actions, or judgments for damages or injury to persons ar property and other costs, including litigation costs and attorneys' fees, arising out of, resulting from , or in connection with the performance of this Agreement by the Contractor or Contractor's officers, employs, agents, representatives or subcontractors and resulting in or attributable to personal injury, death, or damage or destruction to tangible or intangible property, including use of. CONTRACTOR shall provide CITY with a Certificate of insurance, or other proof of insurance evidencing CONTRACTOR'S compliance with the requirements of this paragraph and file such proof of insurance with the CITY at least ten (10} days prior to the date Contractor begins performance of it's obligations under this Agreement. In the event the insurance minimums are changed, CONTRACTOR shall immediately submit proof of compliance with the changed limits. Evidence of all insurance shall be submitted to the City Purchasing Agent with a copy to Meridian City Accounting, 33 East Broadway Avenue, Meridian, Idaho 83642. 6.2 Any deductibles, self-insured retention, or named insureds must be declared in writing and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles, self-insured retentions or named insureds; or the Contractor shall provide a bond, cash or letter of credit guaranteeing payment of losses and related investigations, claim administration and defense expenses. 6.3 To the extent of the indemnity in this contract, Contractor's Wafer lino Replacement - W Carlton - NW 11th to Washington Dr & W State to Camelia ~ page 5 of 12 Project 10215a Insurance coverage shall be primary insurance regarding the City's elected officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City or the City's elected officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with Contractor's insurance except as to the extent of City's negligence. 6.4 The Contractor's insurance shall apply separately to each insured against wham claim is made or suit is brought, except with respect to the limits of the insurer's liability. 6.5 All insurance coverages for subcontractors shall be subject to all of the insurance and indemnity requirements stated herein. 8.6 The limits of insurance described herein shall not limit the liability of the Contractor and Contractor's agents, representatives, employees or subcontractors. 7. Bonds; Payment and Performance Bonds are required on all Public Works Improvement Projects per the ISPWC and. the City of Meridian Supplemental Specifications & Drawings to the ISPWC, which by this reference are made a part hereof. 8. Warranty: Contractor must warrant the project per the ISPWC and the . City of Meridian Supplemental Specifications & Drawings to the ISPWC, which by this reference are made a part hereof. 9. Notices; Any and afl notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed jn the United States mail, certified, return receipt requested, addressed as follows: CITY Cjty of Meridian Purchasing Manager 33 E Broadway Ave Meridian, ID 83642 208-888-4433 CONTRACTOR Dahle Gonstruction, LLC Attn: Charles Lamoure 90 Hwy 93 North Salmon, ID 83467 Phone: (208) 756-3241 Email: dahiecC~centurytel.net Idaho Public Works License # C-11353 Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. Water Line Replacemont - W Carlton -- NW 11th to Washington Dr & W State to Camelia Project 10215a page 6 of 12 10. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be enti#led, in addition to any other relief as may be granted, to court costs and reasonable attorneys' fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 11. Time is of the Essence: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. 12. Assignment: It is expressly agreed and understood by the parties hereto, that CONTRACTOR shall not have the righ# to assign, transfer, hypothecate or self any of its rights under this Agreement except upon the prior express written consent of CITY. 13. Discrimination Prohibited: In performing the Work required herein, CONTRACTOR shall not unlawfully discriminate in violation of any federal, state or local law, rule or regulation against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. 14. Reports and Information: 14.1 At such times and in such forms as the CITY may require, there shall be furnished to the CITY such statements, records, reports, data and information as the CITY may request pertaining to matters covered by this Agreement. 14.2 Contractor shall maintain all writings, documents and records prepared or compiled in connection with the performance of this Agreement far a minimum of four (4) years from the termination or completion of this or Agreement. This includes any handwriting, typewriting, printing, photo static, photographic and every other means of recording upon any tangible thing, any form of communication or representation including letters, words, pictures, sounds or symbols or any combination thereof. 15. Audits and Inspections: At any time during normal business hours and as often as the CITY may deem necessary, there shall be made available to the CITY far examination all of CONTRACTOR'S records with respect to all matters covered by this Agreement. CONTRACTOR shall permit the CITY to audit, examine, and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, Water Line Replacement - W Carlton - NW 11th to Washington Dr & W State to Lamella page 7 of 12 Prof ect 10215a records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. 16. Publication, Reproduction and Use of Material: No material produced in whale or in park under this Agreement shall be subject to copyright in the United States or in any other country. The CITY shall have unrestricted au#hority to publish, disclose and otherwise use, in whole or in part, any reports, data or other materials prepared under this Agreement. 17. Compliiance with Laws: In performing the scope of work required hereunder, CONTRACTOR shall comply with ail applicable laws, ordinances, and codes of Federal, State, and local governments. 18'. Changes; The CITY may, from time to time, request changes in the Scope of Work to. be performed hereunder. Such changes, including any increase or decrease in the amount of CONTRACTOR'S compensation, which are mutually agreed upon by and between the CITY and CONTRACTOR, shall be incorporated in written amendments which shall be executed with the same formalities as this Agreement. 19. Construction and Severability: If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. 20. Waiver of Default: Waiver of default by ei#her party to this Agreement shall not be deemed to be waiver of any subsequent defauit. Waiver or breach of any provision of this Agreement shall not be deemed to be a waiver of any other or subsequent breach, and shall not be construed to be a modification of the terms of this Agreement unless this Agreement is modified as provided above. 21. Advice of Attorney: Each party warrants and represents that jn executing this Agreement. It has received independent legal advice from its attorney's or the opportunity to seek such advice. 22. Entire Agreement: This Agreement contains the entire agreement of the parties and supersedes any and ail other agreements or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. 23. Order of Precedence: The order or precedence shall be the contract agreement, the Invitation for Bid document, then the winning bidders submitted bid document. 24. Public Records Act: Pursuant to Idaho Code Section 9-335, et seq., information or documents received from the Contractor may be open to Water Line fiepiacement - W Carlton - NW 11th to Washington br & W State to Camelia page 8 of 12 Project 10215a public inspection and copying unless exempt from djsclosure. The Contractor shall clearly designate individual documents as "exempt" on each page of such documents and shall indicate the basis for such exemption. The CITY will not accept the marking of an entire document as exempt. In addition, the CITY will not accept a legend or statement on one (1) page that all, or substantially a[l, of the document is exempt from disclosure. The Contractor shall indemnify and defend the CITY against all liability, claims, damages, losses, expenses, actions, attorney fees and suits whatsoever for honoring such a designation or for the Contractor's failure to designate individual documents as exempt. The Contractor's failure to designate as exempt any document ar portion of a document that is released by the CITY shall constitute a complete waiver of any and all claims for damages caused by any such release. 25. Applicable Law: This Agreement shall be governed by and construed and enforced in accordance wjth the laws of the Sta#e of Idaho, and the ordinances of the Cjty of Meridian. 26. Approval Required: This Agreement shall not became effective or binding until approved by the City of Meridian. CITY OF MERIDIAN BY: TAMMY de WEERD, MAYOR Dated: DAHLE CONSTRUCTION, LLC BY l CHARLES LAMOIJRE Dated: Approved by Council: Attest: JAYCEE L. HOLMAN, CITY CLERK Purchasing Approval sY; KEIT TTS, Pu chasing Manager Dated: ~~ ~ S Z Depa nt App o al BY: WARREN STEW ,Engineering Manager Dated: L1l/!o ~1 L Water Line Replacement - W Carlton - NW 11th to Washing_ ton Dr & W State to Camelia Project i 0215a page 9 of 12 public inspection and copying unless exempt from disclosure. The Contractor shall clearly designate individual documents as "exempt" on each page of such documents and shall indicate the basis for such exemption. The CITY will not accept the marking of an entire document as exempt. In addition, the CITY will not accept a legend or statement on one (1) page that all, or substantially all, of the document is exempt from disclosure. The Contractor shall indemnify and defend the CITY against all liability, claims, damages, losses, expenses, actions, attorney fees and suits whatsoever for honoring such a designation or for the Contractor's failure to designate individual documents as exempt. The Contractor's failure to designate as exempt any document or portion of a document that is released by the CITY shall constittate a complete waiver of any and all claims for damages caused by any such release. 25. Applicable Law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. 26. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. CITY OF MERIDIAN Approved by Council:, A Purchasing Approval BY:~ KEIT AT/TS, Pu chasing Manager Dated: ~( ~ $ Z- a d DAHLE CONSTRUCTION, LLC BY: CHARLES LAMOURE Dated: ~ ~®~ .,,® 9e f iY )IAN IDAHO r~ ~~V nt App ~ SEAL rA yr 64 °~~in BY: ' - _ ~~ WARREN STEW ,Engineering Manager Dated: (o~l Water Line Replacement - W Carlton - NW 11th to Washington Dr & W State to Camelia page 9 of 12 Project 10215a Attachment A SCOPE OF WORK REF TO INVITATION TO ID PVI/-12-10215a ALL DDENDUS, A ACHM NTS, AND 7CHI ITS included in the Invitation to Sid Package Utl-12-10215a, are by this reference made a part hereof. Water Line Replacement - W Carlton - NW filth to Washington Dr & W State to Camelia page 10 of 12 Project 10215a Attachment B IVIILRSTONE / PAYNtENT SCHEDULE A. Total and complete compensation for this Agreement shall not exceed $258,034.00. ...... __ -w:~-= etc.-Y...........1.,_•._-___ --v ...............:.... ...........~ ••s,=:_ 3i_^~3~ ~.~J' .:.~:,.. ~yy~~,,~~ - ` L3•_:.'n _:~>. ~:-"CL.:~ ~ _ `2Y_.G9:~~:~V-• _ _ -_ _ -_ -.:~J:::zi.^~G.r':;-: .:L - S i}!__T':= ~.; j~:li r~. .II.:UT...:...ULi..)}-'._V-'r': ter: S4 S ;. . - :^:C_~.C:'.:.~.~C ;4II:A:....>.~.... x~:.:=. ~ LY-.C y4; __ ~ T,I~T.. ........- 'fib ~~.. Milestone 1 Substantial Completion 90 (ninety) days Milestone 2 ~ Final Completion 20 (twenty) days ci3L... .cc .;~.Y:.='.??-.-~ -_>:~c,Y.;..:. ~..::::~~.. =„ :i~: r ~::=~r~~^-- --•-- ~`..r.:i!r~ ___r.• ~=.ch-cs.; . _ _-_ _ ~r.r:e;::e:' _ _r~ia :; ~~_~:~:`-~..~:rw::.-~-cu+...r..rr.~~_,~........ - _ _ _ ~7~~ o,_.•z. ~:~1..~ `u:=-_1..-`'S ~~ _snr_: '~ A. _~ J.::.:..n...L-~~ _ _ i ~.. _ _~ _ ~~.-:.~~'`ti ~f e _ _ _ ~~i. ~ ~ ~:11'L^S S:S..}~JL.:. _ _ _ I~« ~~ y " f? ~z.~T_ " 1 ' ~ T~ ~ ' ~°~ rc-cut _._.., >~_^s-c.r::or..~:~,..:x:v ~ s_..- c......r.;:r-.: ..:.a... i .~:~-~-,:._ .LF_ :1r~ ..rYCY._: .~...., . ~:~?- ='~~: - -- - - - :•.t.;•~-. -;}:r_~:'°::~?S'. ::-.ate..-+^ ___ Fez:;; ;~~.~:... u.,~~..;;,.. - --^c=s. =rte ~:fzc -~~ ~:r::- __ T : _. , ~ :..... ~,...sh.< <., r:;..:. ;,.. ,ancr,..::..+-..... ;,.., :.. .....~. _ ~.xcr.,., r-,. Y?cc._~F' :...--r..,-... - ^,. ~:,.._..:;Lcz;~ ............. Contract includes furnishing all labor, materials, equipment, and incidentals as required for the WATER LINE REPLACEMENT - W CARLTON - NW 11TH TO WASHINGTON DR & W STATE TO CAMELIA per 1FB PW-12-10215a Total Bid Schedute ...................$258,034.00 CONTRACT TOTAL ........................ $58,034.00 ITEM PRICING BELOW WILL BE USED FOR CHANGE ORDER PRICING ONLY. Item quantit No. Description y Unit Unit Price A Mobilization 1 LS $ 15,000.00 s Sediment Control 1 LS $ 1,500,00 C Traffic Control 1 LS $ 4,000.00 D Construction Staking 1 LS $ 4,000.00 E Reset Property Pins 30 EA $ 60.00 F Water Main 2,831 LF $ 28.D0 G Water Main Fittings 12 EA $ 400.00 H Hat Tap Connection and Tapping Valve 3 EA $ 2,900.00 I Gate Valve 8 EA $ 1,200.00 ~ Concrete Collar for Existing Valve 2 EA $ 250.00 K Fire Hydrant Assembly 4 EA $ 4,700.00 L Water Service Line 1,051 LF $ 21.00 M Single Water Meter Assembly 15 EA $ 830.00 N Dual Water Meter Assembly 18 EA $ 1,100.00 O Customer's Service Line 280 LF $ 24.00 Water Line Replacement - W Carlton - NW 11th to Washington Dr & W State to Gamelia page 11 of 12 Project 10215a P Abandon Existing Valve In-place 13 EA $ 100.00 Q Remove Existing Valve 2 EA $ 400.00 R Disconnect Main from Tee 1 EA $ 700.00 S Asphalt Roadway Surface Restoration 2,831 LF $ 13.00 T Valley Gutter Repair 48 SF $ 14.00 U Curb & butter Repair 39 LF $ 15.00 V Sidewalk Repair 156 SF $ 5.00 W Concrete Flatwork Repair 145 SF $ 6.00 X Remove Existing Fire Hydrant 2 EA $ 545.00 AA Sleeve New Water Main (!f Needed] 5 EA $ 1.,037.00 BB Sleeve New Water Service Line (If Needed) 12 EA $ 20.00 ALTERNATE NO. 1-SOFT SPOT REPAIR* S1 Asphalt Roadway Surface Restoration 1 SY 25 307.4.1.x.5 Soft Spot Repairs (0-10 CY) 1 CY 30 307.4.1.x.7 Soft Spot Repairs (11 CY AND UP) 1 CY 30 *To be used by ACHD if soft spots are encountered. 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N ~"~ H rl ~-I m OMO r-I M 00 N V O H N N .-1 N H QO t M~ 'M7 N to .N•i h "t Cf N ~ N ~ ~ W '~+ .~ c y °O ° v z Y (•i ~ ~ Q a v a > >. T ro ~ ~ Z c F-' C ~ ~ C ~ Ol ~ .D "' U v E a ~-' T ~ ~ m ~ F- u ~ = c ~ ~e c o y c~ Qy u 7 a ~ d a o ° ~ o ° o ' o 'm u° > C~ Lo ~ ~ °Y' ti W ~ {'' ° ~ a °~ " ~ a3i a~i Q. ~i N U ~ n. ~ ~ a ro ~ ? vvi ~ 1II E o j ~ .~ l7 ~ ae Sa~v+ y 2 Z q~ ._ c °~ ~., ,~, ~, °~ c a ~' ~ is Y.'i m ~ '-' o. -0/ A v c E a~ d O ~ vii I~' tg ~ ~i ~ = t~9 u° ii. 'y v~ o c7 ¢ a o ~ > c~ 'v~_i u° ~ cn rn z'QimIVIo~WI`i'C7'=I-I-'~~I_'~g12'I~~al(7I°~I`~I~'~~'~I~+x'aC~m ENGINEERING ESTIMATE WATER LINE REPLACEMENT- W CARLTON NW 11TH N WASHINGTON DR & W STATE TO W CAMELLIA BID SCHEDULE Item No. Description Quantity Unit Unit Price Amount A Mobilization 1 LS $ 23,000.00 $ 23,000.00 8 Sediment Control 1 LS $ 1,000.00 $ 1,000.00 C Traffic Control 1 LS $ 8,000.00 $ 8,000.00 D Construction Staking 1 LS $ 3,200.00 $ 3,200.00 E Reset Survey Manuments 30 EA $ 100.00 $ 3,000.00 F Water Main 2,831 LF $ 42.00 $ 118,902.00 G Water Main Fittings 12 EA $ 600.00 $ 7,200.00 H Hot Tap Connection and Tapping Valve 3 EA $ 3,500.00 $ 10,500.00 I Gate Valve 8 EA $ 1,600.00 $ 12,800.00 J Concrete Collar for Existing Valve 2 EA $ 200.00 $ 400.00 K Fire Hydrant Assembly 4 EA $ 3,500.00 $ 14,000.00 L Water Service Line 1,OS1 LF $ 40.00 $ 42,040.00 M Single Water Meter Assembly 15 EA $ 600.00 $ 9,000.00 N Dua! Water Meter Assembly 18 EA $ 700.00 $ 12,600.00 0 Customer's Service Llne 280 LF $ 15.00 $ 4,200.00 P Abandon Existing Valve In-place 13 EA $ 250.00 $ 3,250.00 Ci Remove Existing Valve 2 EA $ 2,000.00 $ 4,000.00 R Disconnect Main from Tee 1 EA $ 2,500.00 $ 2,500.00 S Asphalt Roadway Surface Restoration 2,831 LF $ 22.00 $ 62,282.00 T Valley Gutter Repair 48 SF $ 12.00 $ 576.00 U Curb & Gutter Repair 39 LF $ 30.00 $ 1,170.00 V Sidewalk Repair 156 SF $ 10.00 $ 1,560.00 W Concrete Flatwork Repair 145 SF $ 7.00 $ 1,015.00 X Remove Existing Fire Hydrant 2 EA $ 500.00 $ 1.,000.00 Total Dollars I $ 347,195.00 b O N L11 Z Q Q N waq~ ~ o ¢,~ ®®v m ro m ui U a M ~ ~ c ~, N W ~ z w r M ~ W a ¢ 4 W n C p K ~ 'a m Z ^ N ~ LL .~~- ® ~ ~ a .~ ~ ~" ,~ d ~ V ~~l s a Q 'i W z O U ~ ~ ~ ~ ~ ZZ® ~mz J ~~ ~ ~ ~ W~ W 0 (~ Z ~ !L ~ ~ e~-i ian iy uncil satin T :April 24, 2012 I 6 J T U ITEM 1'ITI_E: provl of ward of id and resent for "Sewer Main Replacements Sites 10A, 10B & 11" to Cascade Pipeline Corporation, Inc. for the Not-To-Exceed Amount of $123,083.00 ~~~~e~ Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: I E_MSTAFF TOI AGENCOY I APPL CANT I NOTES I INITIALS ~~~k~~~~°~a~~~~~~ri~~f~-7~1 ~~~~~~~1-'R~f ~~.~ a~s, . . ~~ ~, 7'0: Jaycee L. Holman, City Clerk, Frorrr: Keith Watts, Purchasing Manager C: David Allison, Jacy Jones Date: 4/18/12 e: April 24 City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the April 24 City Council Consent Agenda for Council's consideration. Approval of Award of Bid and Agreement for "Sewer Line Replacements Sites 10A, 10B & 11" to Cascade Pipeline Corporation, inc. and authorize the Mayor to sign the Agreement for the Not-To-Exceed Amount of $123,083.00. This award is the result of Formal IFB #PW-12-10029A issued February 27~' and opened March 23~d. One bid was received. Recommended Council Action: Approval of Award of Bid and Authorize the Mayor to sign the Agreement for the Not-To-Exceed amount of the Low Bid of $123,083.00. Thank you for your consideration. Page 1 TO: Keith Watts FROM: David Allison Staff Engineer DATE: 3/27/2012 SUBJECT: Project Information; Sewer Line Replacements Sites 10a, 10b, and 11 I, DEPARTMENT CONTACT PERSONS David Allison, Staff Engineer (Project Manager) 489-0370 Clint Dolsby, Asst. City Engineer 489-0341 Warren Stewart, PW Engineering Manager 489-0350 Tom Barry, Public Works Director 489-0372 II. DESCRIPTION A, Back round The Public Works Department budgeted to replace deficient and aging sewer mains throughout the City. A replacement priority schedule was completed which took into account age, pipe size, pipe material, and hydraulic capacity. The mains located in the alley from Broadway Avenue to Idaho Street between NW 4th Street and NW 3rd Street (Site l0A), alley from Broadway Avenue to Idaho Street between NW 3rd Street and NW 2nd Street (Site 1 OB) and in the alley from Meridian Road to Main Street between State Avenue and Carlton Avenue (Site 11), are in need of meet the criteria for replacement. B. Proposed Project This project entails replacing approximately 10671inear feet of deficient sewer main with High Density Polyethylene (HDPE) main utilizing the pipe bursting method and reconnecting all services. , The work related to this project will be performed within the existing right-of way in the alleys. Page Y of 2 5.. ~XC, IIVIPACT A. Strategic Impact: This project meets our mission requirements to indentify and prioritize work in order to anticipate, plan and provide public services and facilities that support the needs of our growing community, and to ensure modern reliable facilities while maintaining financial stewardship. B. Service/Delivery Impact: The replacement of the substandard pipes in this project will improve customer service and overall sewer capacity; it will reduce the risk of costly pipe breaks, ensure that dependable service is provided to current and future customers, and extend the life of City infrastructure. C. Fiscallmpacts: Budgeted Amount (3590-95000) $946,032.82 Current Obligations (3590-95000) $433,981.00 Balance Available for Construction (3590-95000) $512,051.82 Proposed Construction Cost (3590-95000) $123.083.00 Unobligated Balance $388,968.82 ~:; __, _~~ ~-- Approved for Council Agenda:... _ _ ,, ~~'~ amen Stewart ~~~ ~~~~~ ~ D e Page 2 of 2 AGREEMENT FOR INDEPENDENT CONTRACTOR SERVICES (SEWER MAIN REPLACEMENTS SITES 10A 106 11) PROJECT 102346 ' THIS AGREEMENT FOR INDEPENDENT CONTRACTOR SERVICES is made this 24~" day of April, 2012, and entered into by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "CITY", 33 East Broadway Avenue, Meridian, Idaho 83642, and Cascade Pipeline Corporation, Inc ,hereinafter referred to as "CONTRACTOR", whose business address is P O Box 1135, Meridian, ID 83680 and whose Public Works Contractor License # is C-13771~A~1-2. INTRODUCTION Whereas, the City has a need for services involving Sewer Main Replacements -Sites 10a, 10b and 11 Construction); and WHEREAS, the Contractor is specially trained, experienced and competent to perform and has agreed to provide such services; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties agree as follows: TERMS AND CONDITIONS 1. Scope of Work: 1.1 CONTRACTOR shall perform and furnish to the City upon execution of this Agreement and receipt of the City's written notice to proceed, all services and work, and comply in all respects, as specified in the document titled "Scope of Work" a copy of which is a#tached herefo as Attachment "A"and incorporated herein by this reference, together with any amendments that may be agreed to in writing by the parties. 1.2 All documents, drawings and written work product prepared or produced by the Contractor under this Agreement, including withou# limitation electronic data files, are the property of the Contractor; provided, however, the City shall have the right to reproduce, publish and use all such work, or any part thereof, in any manner and far any purposes whatsoever and to authorize others to do so. If any such work is copyrightable, the Contractor may copyright the same, except that, as to any work which is copyrighted by the Contractor, the City reserves a royalty-free, non-exclusive, and irrevocable license to reproduce, publish and use such work, or any part thereof, and to authorize others to do so. SEWER MAIN REPLACEMENTS SITES 10A 10B 11 page 1 of 12 Project 10234b 1.3 The Contractor shall provide services and work under this Agreement consistent with the requirements and standards established by applicable federal, state and city laws, ordinances, regulations and resolutions. The Contractor represents and warrants that it will perform its work in accordance with generally accepted industry standards and practices for the profession or professions that are used in performance of this Agreemen# and that are in effect at the time of performance of this Agreement. Except for that representation and any representations made or contained in any proposal submitted by the Contractor and any reports or opinions prepared or issued as part of the work performed by the Contractor under this Agreement, Contractor makes no o#her warranties, either express or implied, as part of this Agreement. 1.4 Services and work provided by the Contractor at the City's request under #his Agreement will be performed in a timely manner in accordance with a Schedule of Work, which the parties hereto shall agree to. The Schedule of Work may be revised from time to time upon mutual written consent of the parties. 2. Consideration 2.1 The Contractor shall be compensated on aNot-to-Exceed basis as provided in Attachment B "Payment Schedule" attached hereto and by reference made a part hereof for the Not-To-Exceed amount of $123,0$3.00. 2.2 The Contrac#or shall provide the City with a monthly statement, as the work warrants, of fees earned and costs incurred for services provided during the billing period, which the City will pay within 30 days of receipt of a correct invoice and approval by the City. The City will not withhold any Federal or State income taxes or Social Security Tax from any payment made by City to Contractor underthe terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums is the sole responsibility of Contractor. 2.3 Except as expressly provided in fihis Agreement, Contractor shall not be entitled to receive from the City any additional consideration, compensation, salary, wages, or other type of remuneration for services rendered under this Agreement including, but not limited to, meals, lodging, transportation, drawings, renderings or mockups. Specifically, Contractor shall not be entitled by virtue of this Agreement to consideration in the form of overtime, heal#h insurance benefits, retirement benefits, paid holidays or other paid leaves of absence of any type or kind whatsoever. 3. Term: SEWER MAIN REPLACEMENTS SITES 10A 10B 11 page 2 of 12 Project 10234b 3.1 This agreement shah become effective upon execution by both parties, and shall expire upon (a) completion of the agreed upon work, (b) September 30, 2012 or {c) unless sooner terminated as provided below or unless some other method or time of termination is listed in Attachment A. 3.2 Should Contractor default in the performance of this Agreement or materially breach any of its provisions, City, at City's option, may terminate this Agreement by giving written notification to Contractor. 3.3 Should City fail to pay Contractor all or any part of the compensation set forth in Attachment B of this Agreemen# on the date due, Contractor, at the Contractor's option, may terminate this Agreement if the failure is not remedied by the City within thirty {30) days from the date payment is due. 3.4 TIME FOR EXECUTING CONTRACT AND LIQUIDATED DAMAGES Upon receipt of a Notice to Proceed, the Contractor shall have 60 (sixty) calendar days to complete the work as described herein. Contractor shall be liable to the City for any delay beyond this time period in the amount of three hundred dollars ($300.00) per calendar day. Such payment shall be construed to be liquidated damages by the Contractor in lieu of any claim or damage because of such delay and not be construed as a penalty. Contractor agrees to provide standby time of up to 48 hours, at no charge to the City in the event that contaminated soil is encountered during excavation at Site 11. Contractor shall work with the City to provide~staging of material until removal and disposal of contaminated soli is arranged with responsible party. 4. Termination: 4.1 If, through any cause, CONTRACTOR, its officers, employees, or agen#s fails to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenan#s, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in fhe performance of this contract, or if the City Council determines that termination of this Agreement is in the best interest of CITY, the CITY shall thereupon have the right to terminate this Agreement by giving written notice to CONTRACTOR of such termination and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. CONTRACTOR may terminate this agreement at any time by giving at least sixty (60) days notice to CITY. In the event of any terminatian of this Agreement, all finished or unfinished documents, data, and reports prepared by CONTRACTOR under this SEWER MAIN REPLACEMENTS SITES 10A 106 11 page 3 of 12 Project 10234b Agreement shall, at the option of the CITY, become its property, and CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. 4.2 Notwithstanding the above, CONTRACTOR shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by CONTRACTOR, and the CITY may withhold any payments to CONTRACTOR for the purposes of set-off until such time as the exact amount of damages due the CITY from CONTRACTOR is determined. This provision shall survive the termination of this agreement and shall not relieve CONTRACTOR of its liability to the CITY for damages. 5. Independent Contractor: 5.1 In all matters pertaining to this agreement, CONTRACTOR shall be acting as an independent con#ractor, and neither CONTRACTOR nor any officer, employee or agent of CONTRACTOR will be deemed an employee of CITY. Except as expressly provided in Attachment A, Contractor has no authority or responsibility to,exercise any righ#s ar power vested in the City and therefore has no authority to bind or incur any obligation on behalf of the City. The selec#ion and designation of the personnel of the CITY in the performance of this agreement shall be made by the CITY. 5.2 Contractor, its agents, officers, and employees are and at all times during the term of this Agreement shall represent and conduct themselves as independent contractors and not as employees of the City. 5.3 Contractor shall determine the method, details and means of performing the work and services to be provided by Contractor under this Agreement. Contractorshall be responsible to City oniyforthe requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of Contrac#or in fulfillment of this Agreement. If in the performance of this Agreement any third persons are employed by Contractor, such persons shall be en#irely and exclusively underthe direction and supervision and control of the Con#ractor. 6. Indemnification and insurance: 6.1 CONTRACTOR shall indemnify and save and hold harmless CITY from and for any and all losses, claims, actions, judgments for damages, or injury to persons ar property and losses and expenses and other costs including litigation costs and attorney's fees, arising out of, resulting from, or in connection with the pertormance of this Agreement by the SEWER MAIN REPLACEMENTS SITES 10A 10B 11 page 4 of 12 Project 10234b CONTRACTOR, its servants, agents, officers, employees, guests, and business invitees, and not caused by or arising out of the tortious conduct of CITY or its employees. CONTRACTOR shall maintain, and specifically a rees that it will maintain, throughout the term of this Agreement, liability insurance in which the CITY shall be named an additional insured in the minimum amoun#s as follow: General Liability One Million Dollars ($1,000,000) per incident or occurrence, Automobile Liability Insurance One Million Dollars ($1,000,000) per incident or occurrence and Workers' Compensation Insurance, in the statutory limits as required by law.. The limits of insurance shat[ not be deemed a limitation of the covenants to indemnify and save and hold harmless CITY; and if CITY becomes liable for an amount in excess of the insurance limits, herein provided, CONTRACTOR covenants and agrees to indemnify and save and hold harmless CITY from and for all such losses, claims, actions, or judgments for damages or injury to persons or property and other costs, including litigation costs and attorneys' fees, arising out of, resulting from , or in connection with the performance of this Agreement bythe CantractororContractor's officers, employs, agents, representatives or subcontractors and resulting in or attributable to personal injury, dea#h, or damage or destruction to tangible or intangible property, including use af. CONTRACTOR shall provide C1TYwith ` a Certificate of Insurance, or other proof of insurance evidencing CONTRACTOR'S compliance with the requirements of this paragraph and file such proof of insurance with the CITY at least ten (10) days prior to the date Contractor begins performance of it's obligations under this Agreement. In the event the insurance minimums are changed, CONTRACTOR shall immediately submit proof of compliance with the changed limits. Evidence of all insurance shall be submitted to the City Purchasing Agent with a copy to Meridian CityAccaunting, 33 East BroadwayAvenue, Meridian, Idaho 83642. 6.2 Any deductibles, self-insured retention, or named insureds must be declared in writing and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles, self-insured retentions or named insureds; orthe Contractor shall provide a bond, cash or letter of credit guaranteeing payment of losses and related investigations, claim administration and defense expenses. 6.3 To the extent of the indemnity in this contract, Contractor's Insurance coverage shall be primary insurance regarding the City's elected officers, officials, employees and volunteers. Any insurance or self- insurance maintained by the City or the Cifiy's elec#ed officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with Contractor's insurance except as to the extent of City`s negligence. 6.4 The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. SEWER MAIN REPLACEMENTS SITES 10A 10B 11 page 5 of 12 Protect 10234b 6.5 All insurance coverages for subcontractors shall be subject to all of the insurance and indemnity requirements stated herein. 6.6 The limi#s of insurance described herein shall not limit the liability of the Contractor and Contractor's agents, representatives, employees or subcontractors. 7. Bonds: Payment and Performance Bonds are required on all Public Works Improvement Projects perthe ISPWC and the City of Meridian Supplemental Specifications & Drawings to the ISPWC, which bythis reference are made a part hereof. 8. Warranty: Contractor must warrant the project perthe ISPWC and the City of Meridian Supplemental Specifications & Drawings to the ISPWC, which by this reference are made a parfi hereof. 9. Notices: Any and all notices required to be given by ei#her of the parties hereto, unless otherwise staffed in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: CITY Cify of Meridian Purchasing Manager 33 E Broadway Ave Meridian, ID 83642 208-888-4433 CONTRALTO R Cascade Pipeline Corporation Attn: Jahn McNatt 1406 Main St Meridian, ID 83642 Phone: 208-895-0286 Email: cascadeCcr~,cascadepipelinecorporation.com Idaho Public Works License # C-13771-A-1-2 Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. ~ . 10. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addifiion to any other relief as may be granted, to court costs and reasonable attorneys' fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 11. Time is of the Essence: The parties hereto acknowledge and agree that time is stric#ly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the SEWER MAIN REPLACEMENTS SfTES 10A 106 11 page 6 of 12 Protect 10234b obligations hereunder shall constitute a breach of, and a default under, this Agreemen# by the party so failing to perform. 12. Assignment: It is expressly agreed and understood by the parties hereto, that CONTRACTOR shall not have the right to assign, transfer, hypothecate or sell any of its rights under this Agreement except upon the prior express written consent of CITY. 13. Discrimination Prohibited: In performing the Work required herein, CONTRACTOR shall not unlawfully.discriminate in violation of any federal, state or local law, rule or regulation against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. 14. Reports and Information: 14.1 At such times and in such forms as the CITY may require, there shall be furnished to the CITY such statements, records, reports, data and information as the CITY may request pertaining to matters covered bythis Agreement. 14.2 Contractor shall maintain all writings, documents and records prepared or compiled in connection with the performance of this Agreement far a minimum of four (4) years from the termination or completion of this or Agreement. This includes any handwriting, typewriting, prinfing, photo static, photographic and every other means of recording upon any tangible thing, any form of communication or representation including letters, wards, pictures, sounds or symbols or any combination thereof. 15. Audits and Inspections: At any time during normal business hours and as often as the CITY may deem necessary, there shall be made available to the CITY for examination all of CONTRACTOR'S records with respect to all matters covered bythis Agreement. CONTRACTOR shall permit the CITYto audit, examine, and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to ail matters covered bythis Agreement. 16. Publication, Reproduction and Use of Material: No material produced in whole or in part under this Agreement shall be subject to copyright in the United States or in any other country, The CITY shall have unrestricted authority to publish, disclose and otherwise use, in whole or in part, any reports, data or other materials prepared under #his Agreement. 17. Compliance with Laws: In performing the scope of work required hereunder, CONTRACTOR shall comply with all applicable laws, ordinances, and codes of Federal, Sta#e, and local governments. 5EWER MAIN REPLACEMENTS SITES 10A 10B 11 page 7 of 12 Project 10234b 18. Changes: The CITY may, from time to time, request changes in the Scope of Work to be performed hereunder. Such changes, including any increase or decrease in the amount of CONTRACTOR'S compensation, which are mutually agreed upon by and be#ween the CITY and CONTRACTOR, shall be incorporated in written amendments which shall be executed with the same formalities as this Agreement. 19. Construction and Severability: If any part of this Agreement is held #o be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion, 20. Waiver of Default: Waiver of default by either party to this Agreement shall not be deemed to be waiver of any subsequent default. Waiver or breach of any provision of this Agreement shall not be deemed to be a waiver of any other or subsequent breach, and shall not be construed to be a modification of the terms of this Agreement unless this Agreement is modified as provided above. 21. Advice of Attorney: Each party warrants and represents that in executing this Agreement. It has received independent legal advice from its attorney's or the opportunity to seek such advice. - 22. -Entire Agreement: This Agreement contains the entire agreement of the parties and supersedes anyand all other agreements or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. 23. Order of Precedence: The order or precedence shall be the contract agreement, the Invitation for Bid document, then the winning bidders submitted bid document. 24. Public Records Act: Pursuant to Idaho Code Section 9,335, et seq., information or documents received from the Contractor may be open to public inspection and copying unless exempt from disclosure. The Contractor shall clearly designate individual documents as "exempt" on each page of such documents and shall indicate the basis for such exemption. The CITY will not accept the marking of an entire document as exempt. In addition, the CITY will not accept a legend or statement on one (1) page that all, or substantially all, of the document is exempt from disclosure. The Contractor shall indemnify and defend the CITY against all liability, claims, damages, losses, expenses, actions, attorney fees and suits whatsoever for honoring such a designation or for the Contractor's failure to designate individual documents as exempt. The Contractor's failure to designate as exempt any document or portion of a document that is released by the CITY shall constitute a complete waiver of any and all claims for damages caused by any such release. SEWER MAIN REPLACEMENTS SITES 10A 10B 11 page 8 of 12 ProiecE 10234b 25. Applicable Law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. 26. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. CITY OF MERIDIAN BY: TAMMY de W D, MAYOR PIPLIEJCORP ATION J4SHN ~IrAJ~Ci'~T', PRESIDENT ,/ Dated: `7 ~~/ /~. Dated: %- /7 ~/ 7.. Approved by Council: O440Rp.TBDn(/GLSr, j CLERK IDAHO m~ S~ ~ Purchasing Approval °~rj~TaE ~ BY: KEITH ATTS, P cha mg Manager DATE: ~ ~ ~ / z-- WARREN STEWART, Engineering Manager DATE: ~ ~`~ 1 Z SEWER MAIN REPLACEMENTS SITES 10A 10B 11 page 9 of 12 Project 10234b Attachment A SCOPE OF WORK INVITATION TO I PVII-7 2-1®34b ALL ADD NDU , TCHM NTS, AND HIITS inciuded in the Invitation to id Package W-1-1®234b, are by this reference rroade a part hereof. SEWER MAIN REPLACEMENTS SITES 10A 10B 11 page 10 of 12 Project 10234b Attachment B MILESTONE !PAYMENT SCHUL A. Total and complete compensation far this Agreement shall not exceed $123,083.00. .-:.^ -=_ _-__= -_ _ __ __-== = ===-::7_G1 -_ __--_ __ _ _ ___ __ __ _-___ __ _ __=-_- -- Contract includes furnishing all labor, materials, equipment, and incidentals as required for the SEWER MAIN REPLACEMENTS SITES 10A ,10B, & 11 per IFB PW-12-10234b. Total Bid Schedule (Sites 10a & 10b} ...................$63,051.00 Total Bid Schedule Add Alternate {Site 11) ........................$60,032.00 CONTRACT TOTAL ....................... $123,083.00 ITEM PRICING BELOW WILL BE USED FOR CHANGE ORDER PRICING ONLY. Item No. ~ Item Description Unit Unit Price 2010.4.1.A.1. MOBILIZATION LS $8,500.00 SP-1 REPLACE EXISTING SEWER MAIN LF $45.00 SP-2a CCTV INSPECTION AND CLEANING (PRE- REPLACEMENT) LF $8.00 SP-2b CCTV INSPECTION AND CLEANING (POST- REPLACEMENT LF $2.00 SP-3 REMOVE AND REPLACE EXISTING MANHOLE EA $3,000,00 SP-4 SEWER SERVICE RECONNECTION EA $700.00 SP-5 ALIGNMENT SPOT REPAIR (NOT SHOWN ON PLANS) LF $60.00 SP-6 SEWAGE BY-PASS PUMPING LS $3,500,00 SP-8 TRAFFIC CONTROL LS $2,500.00 SP-9 WATER POLLUTION CONTROL LS $1,500.00 SEWER MAIN REPLACEMENTS SITES 10A 10B 11 page 11 of 12 Project 10234b i#em No. ' Item Description Unit Unit Price 2010.4.1.A.1. MOBILIZ4TION LS $7,800.00 SP-1 REPLACE EXISTING SEWER MAIN LF $45.00 SP-2a CCTV INSPECTION AND CLEANING (PRE- REPLACEMENT} LF $Z.00 SP-2b CCTV INSPECTION AND CLEANING (POST- REPLACEMENT) LF $2.00 SP-3 REMOVE AND REPLACE EXISTING MANHOLE EA $3,000.00 SP-4 SEWER SERVICE RECONNECTION EA $800.00 SP-5 ALIGNMENT SPOT REPAIR (NOT SHOWN ON PLANS) LF $60.00 SP-6 SEWAGE BY-PASS PUMPING LS $2,500.00 SP-7 NIGHTTIME WORK LS $4,000.00 SP-8 TRAFFIC CONTROL LS $2,500.00 SP-9 WATER POLLUTION CONTROL LS $1,500.00 Contractor agrees to provide standby time of up to 48 hours, at no charge to the City in the event tha# contaminated soil is encountered during excavation at Site 11. Contractor shall work wi#h the Ci#y to provide staging of material until removal and disposal of contaminated soil is arranged with responsible party. Travel expenses, if applicable, will be paid at no more than the City of Meridian's Travel and Expense Reimbursement Policy. SEWER MAIN REPLACEMENTS SITES 10A 10B 11 page 12 of 12 Project 10234b e~idian ®ty unc®1 satin °r :April 24, 2012 I1' U e 6 J ~°r lJ i~Enn TiTL~: 1°ir enur~n to the I I rossionl ervices Contract for Performing Mechanical Plan Review and Inspection Services Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: IE-MSTAFDF Tol AGENCY I APPLICANT I NOTES I INITIALS .- I f~ ~~ t-t t~ Community Development Deparfinent 1J11i V80®111@0'1I; I3~. Meridian City Hall, Suite 102 33 E. Broadway Avenue Meridian, Idaho 83542 1' TO: Mayor Tammy de Weerd Members of the City Council FROM: Bruce Freckleton, Development Services Manager DATE: 4/19/2012 SUBJECT: THIRD ADDENDUM TO THE RIMI, INC. PROFESSIONAL SERVICES CONTRACT The Development Services Division of the Community Development Department respectfully requests the following item be placed on the Apri124, 2012 City Council Consent Agenda, for Council's consideration: I. DESCRIPTION The City of Meridian entered into a Professional Services Contract with RIMI, Inc. on November 24, 2009 for the provision of mechanical inspection and plan review services for structures constructed within the City of Meridian. The intent of this Addendum is to formally amend the compensation percentages that RIMI receives for performing mechanical plan review and inspection services. This change is being requested by RIMI at this time due to the increased workload brought on by the implementation of the new 2009 International codes, and more specifically the higher energy efficiency design and inspection standards brought on through Manuals J, D, and S. (Please see attached Addendum for specific language). II. REQUESTED ACTION Approve and authorize the Mayor to sign the Addendum and the City Clerk to Attest III. DEPARTMENT CONTACT PERSONS Bruce Chatterton, Community Development Director Bruce Freckleton, Development Services Manager Brent Bjornson, Building Plans/Inspection Coordinator Submitted for Council Services Manager 489-0569 489-0362 489-0304 ~~~ I'W(~ Date Ph: 208.887.2211 • www.meridiancify.org Fax 208.887.1297 ~..,.. rt..-V,,, THIRD ADDENDUM TO PROFESSIONAL, SERVICES CONTRACT phis THIRD ADDENDUM TO PROFESSIONAL SERVICES CONTRACT is made this day of April, 2012, by and between City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and RIMI, Incorporated, a corporation organized under the laws of the State of Idaho, whose address is 1105 NW Bluegrass Circle, Mountain Home, Idaho ("Contractor"). WHEREAS, City and Contractor entered into a Professional Services Contract on November 24, 2009 ("Contract") and a First Addendum thereto on June 21, 2011 ("First Addendum"); and a Second Addendum thereto on September 13, 2011 ("Second Addendum"); and WHEREAS, it is the Parties' intention that, except as expressly set forth herein, the Contact and the First and Second Addenda remain in full force and effect; NOW, THEREFORE, in consideration of the foregoing, City and Contractor hereby agree as follows: A. That payment to Contractor for services rendered shall be according to the value placed on the mechanical permits and based upon the following pay schedule, and unless earlier terminated or extended, shall expire on September 30, 2012: a) 75% of the residential mechanical permit fees collected annually. b) 60% of the commercial mechanical permit fees collected annually. B. That, except as expressly modified by this Third Addendum, all provisions of the Contract and the First and Second Addenda shall remain in full force and effect. No other understanding, whether oral or written, whether made prior to or contemporaneously with this Third Addendum, shall be deemed to enlarge, limit or otherwise affect the operation of the Contract, the First or Second Addenda, or this Third Addendum. IN WITNESS WHEREOF, the parties shall cause this Third Addendum to be executed the date first above written. CONTRACTOR: By; ~ -2~ ~Z~/~By. Terry .Medley, Pp sident RIMI, Incorporated CITY OF MERIDIAN: ~GO4QQ~p4BOgLCG~f B ,~ y: n /+ City of ~ IDAHD ~F SEAL ~{ Attest: y ~ J~* ~Pv ~~~le TYlAS~~~ ~/~ Bruce Chatterton, AICP Community Development Directo Tammy W erd Mayon THIRD ADDENDUM TO PROFESSIONAL SERVICES CONTRACT PAGE 1 OF 1 ri ian it uncil tin 1° e April 24, 2012 IT 6H J 1° U STEM ~'~TL~: eoluti®n ®. /a ~' ~`~ Adopting Analysis of Impediments to Fair Hovsing Choice Report and Fair Housing Action Plan ~~~,v,~~ Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: (E-~STAFFTOI AGENC® I APPLICANT I NOTES I INITIALS ~ . CITY OF MERIDIAN RESOLUTION NO. ~ ~" BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA A RESOLUTION ADOPTING THE ANALYSIS OF IMPEDIMENTS TO FAIR HOUSING CHOICE REPORT AND THE FAIR HOUSING ACTION PLAN; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City, as a recipient of Community Development Block Grant ("CDBG") funding from the United States Department of Housing and Urban Development ("HUD"), is required to affirmatively further fair housing and as such conduct an analysis of impediments to fair housing choice within the jurisdiction, and 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; and WHEREAS, the City held a public hearing on the Analysis of Impediments to Fair Housing Choice Report and the associated Fair Housing Action Plan on March 7, 2012, and held a public comment period on the report and plan from March 7, 2012 to April 17, 2012. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That the Analysis of Impediments to Fail• Housing Choice Report and Fair Housing Action Plan, copies of which are attached hereto as EXHIBIT A and incorporated herein by reference, and the same hereby are, approved as to both form and content. Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ,~~ ADOPTED by the City Council of City of Meridian, Idaho this .~.` : day of 2012. , APPROVED by the Mayor of the City of Meridian, Idaho, this ~. ~ day of 1 ~c,° '90~, APPROVED: RESOLUTION APPROVING ANALYSIS OF IMPEDIMENTS TO FAIR HOUSING CHOICE REPORT AND FAIR HOUSING ACTION PLAN Page I OF 1 FINAL REPORT' ~~~~~~~ City of Meridian, Idaho .~ ,_ r - :~ ~ ,= a __ .~ ;~~~- ;. ~ ~ ,~ ~ ~~~~~ ~ -, ~ ~ ~ ~ 1 ~~ ~ ~~ ~~ ~I ~~ ~~ r~ i I _ Y ~ ?~~ ~ ~' T' .i, ~2`, r ~ i" ~ ~ af~ ~~ ~• `~ ~ ~ r= _ _ .__.._. ,1-~ ~ ~ : ~ ,~ ~, ? ~ - ~ . FINAL REf~ORT April 18, 2012 pis i s it ~i i Prepared for City of Meridian 33 E. Broadway Ave. Meridian, Idaho 83642 Prepared by BBC Research St Consulting 1999 Broadway, Suite 2200 Denver, Colorado 80202 303.321.2547 fax 303.399.0448 www.bbcresearch.com bbc@bbcresearch.com ,~I 1ZESLARCI -1 CQNSl11,T1 NC 5 1. Demographie and Housing Market Analysis Population and Household Composition .................... Economic Characteristics ............................................ Housing Market Analysis ............................................ Foreclosure Analysis ................................................... Transportation ............................................................ ............................................................. I-1 ........................................................... I -10 ........................................................... I -12 ........................................................... I -18 ........................................................... I- 19 I1. Public Policies and Praetiees Public Housing Authority ............................................................................................................ II-1 Assisted Housing Units ............................................................................................................... II-5 Land Use Policy Review .............................................................................................................. II-5 Other Public Sector Programs and Services ................................................................................. II-9 111. Fair Lending and Complaints Fair Housing Complaints ........................................................................................................... III-1 Legal Cases ................................................................................................................................ III-4 Fair Lending Analysis ................................................................................................................. III-8 IV. Public Input and Participation Resident Survey ......................................................................................................................... IV-1 Stakeholder Survey and Focus Group ...................................................................................... IV-10 V. Fair Housing Ifnpediments and Action Plan Summary of Needs .....................................................................................................................V-1 Fair Housing in Meridian ............................................................................................................ V-3 Fair Housing Impediments and Action Plan ................................................................................ V-4 BBC RESEARCH bT CONSULTING s o f 1 9 d° I This section provides a community and housing profile for the City of Meridian. It includes the racial, ethnic and income concentration maps required by the Department of Housing and Urban Development (HUD) for Analyses of Impediments to Fair Housing Choice (AIs). The primary data sources for the demographic and housing profile include the following; the Census (2010), American Community Survey (ACS) 1-year (2010), 3-year (2008-2010) and 5-year (2005- 2009) estimates, Claritas (2010), COMPASS, and the Bureau of Labor Statistics (BLS). Population and Household Composition Population growth. The current population in Meridian is 75,092. 1v~leridian is a fast growing community that has more than doubled its population i n the last 7 U years. In fact, Meridian accounted for 44 percent of Ada County's growth in the last 10 }rears. Figure I-1. Population of Cities within Ada County, 2000 and 2070 Source: 2000 and 2010 U.S. Census. i~1,i~h~f`:S3t~11t "fix=i rill ~~,~t'~~r~j- ~.cia<~,e8st %\~taioEif~l~ra~.efar ~Celn ~(ah1e3 ~ L't~~;~t_lili' i~f-idsi~~fi Meridian 34,919 75,092 115% 12°io Boise 185,787 205,671 11% 1°~fi Eagle 11,085 19,908 80% 8% Garden City 10,624 10,972 3% 0% Kuna 5,382 15,210 183RD 18% Star 1,795 5,793 223% 22% Ada County Total 300,904 392,365 30% 3% Age. Likc many communities in the U.S., Meridian's population is aging. The city's population contains a larger proportion of Baby Boomers and seniors now than 10 years ago. Figure I-2. Age Distribution, City of Meridian, 2000 and 201 O Source: 2000 and 2010 U.S. Census. - _ __ l~Uni•r ~ err w(~ - ~elmAi4a 'Nr<;~i,: Infants and Toddlers (Age 0 to 4) 3,973 11 % 6,981 9% School Aged Children (Age 5 to 19) 8,493 24% 19,685 26% College Aged Adults (Age 20 to 24) 1,717 5% 3,296 4R5 Young Adults (Age 25 to 44) 12,964 37°r6 22,875 30°h Baby Boomers (Age 45 to 64) 5,521 16% 15,542 21 °.6 Seniors (Age 65 and older) 2,251 6% 6,713 9% Senior residents currently comprise 9 percent of the city's population. As demonstrated in Figure I-3, there are three block groups within the city that contain a relatively large proportion of seniors. One of the block groups (tract 103.22, block group 2) encompasses the core of the downtown business district. BBC RESEARCH SI CONSULTING SECTION I, PAGE 1 Figure 1-3. Percent Seniors of Total Population by Block Group, City of Meridian, 2010 Source: 2010 U.S. Census __~;-~ ~-. _ - - - L _,_. ___ ~~-t. __._.. _-.._-_._,__ .. ~~ i _.- - Y ~- ~_ I } `~ -~ I ~~~, J~ ~~ I Legend 65' Less than 5.046 I '. 5.096 to 15,046 ~ ---~ I-- More than 15.096 (ael _ .. ~ Race and ethnicity. The Cit}~ of Meridian is largely racially White (92%) and ethnically non- Hispanic (93%). The cin~'s I Iispanic population has been the fastest growing racial or ethnic group in the last 10 years, and no~a~ comprises 7 percent of the city's population, compared with just 3 percent in 2000. Figure I-4. Race and Ethnicity, City of Meridian, 2070 (y, (~~i% ~1J[tiYr(~___~ .__ ~t'~l~(i _~_ I(4/•i4~(. (i'I /~1~'n fil American Indian and Alaska Native 117 0.3% 375 0.5% 0.2% Asian 516 1.5% 1,345 1.8% 0.3% Black or African American 43 0.1 % 573 0.8% 0.6% Native Hawaiian and Other Pacific Islander 66 0.2% 106 0.1 % 0.0% White 32,776 94.0% 69,071 92.0% -2.0% Some other race 479 1.4% 1,449 1.99'0 0.6% Two or more races 861 2.5% 2,173 2.9% 0.4% Hispanic/Latino 1,128 3.2% 5,111 6.8% 3.6% Non-Hispanic/Latino 33,730 96.8% 69,981 93.2% -3.6% Source: 2000 and 2010 U.S. Census. BBC RESEARCH ~ CONSULTING SECTION 1, PAGE 2 Racial and ethnic concentration. One of the key components of a fair housing analysis is an examination of the concentration of different races and ethnicities within a jurisdiction to detect evidence of segregation. In some cases, racial and ethnic concentrations are a reflection of preferences-e.g., people of different races and ethnicities may choose to live where they have access to grocery stores or restaurants that cater to them. In other cases, different race/ethnic populations are intentionally steered away or discouraged from living in certain areas. Housing prices can also heavily influence where minorities live. This report uses HUD's definition of "disproportionate need" to define racial, ethnic and income concentrations. Using this definition, concentrations occur when the percentage of residents of a particular group is 10 percentage points higher than the community-wide average. For example, if 20 percent of residents in a particular Census block group are Hispanic and Hispanics comprise 10 percent of a community's population overall, that Census block group contains a conccrltration of Latino residents. The following maps show the proportions of Non-White and Hispanic residents by Census block group for the City of Meridian. The concentration thresholds used for the concentration maps are: ® Non-White. In 2010, 8 percent of residents In the city reported their race as something other than White. Census block groups that have 18 percent and more non-White residents are concentrated by the disproportionate need definition. ® Hispanic concentrations. In 2010, 7 percent of residents iii the city reported their ethnicity as HispaErie.Census blocks that have 17 percent and more Hispanic residents are concentrated by the disproportionate need definition. The maps also report areas that HUD terms "minority areas" or "racially/ethnically-impacted areas" which are block groups in which minority populations are 20 percentage points higher than the Ciry of Meridian overalh As demonstrated in Figures I-5 and I-6, there are no areas of concentration or any impact areas in the city. The Census block group with the largest proportion of non-White residents (14%) is block group 2 oFCensus tract 103.22, which encompasses the city's downtown business district. The Census block group with the largest proportion of Hispanic residents (14%) is block group 2 of tract 103.21. 'Phis block group lies adjacent to the city's main downtown area. BBC RESEARCH Si CONSULTING SECTION I, PAGE 3 Figure I-5. Concentration of Pion-White Residents, City of Meridian, 2010 Source: 2010 U.S. Census. Figure 1-6. Concentration of Hispanic/Latino Residents, City of Meridian, 2010 Source: 2010 U.S. Census. Legend Less than 5.04b SA46 to 17,O;r6 More than 1ZO°fo Impacted Area 55 1_ r. ~3`; ', ~ ., BBC RESEARCH ST CONSULTING SECTION I, PAGE 4 Type of households. Seventy-nine percent of the city's households are family households, including 64 percent husband and wife families. By comparison, family households comprise a much larger proportion of Meridian's household composition than neighboring Boise. Family households only account for 59 percent of Boise's households, and 44 percent of Boise's households are husband and wife families. Figure 1-7. Household Composition, City of Meridian, 207 O Source: 2010 U.S. Census. Ilt;;fit-fei~ Y%:,1~>11 c>SPi~si~ril I~rr~r~t=IKL=it~~, ik~t?+r.t=l~telYk; Family Households 19,916 79% Husband-wife family 16,173 64% with children 8,859 35% without children .7,314: 29% Male Householder - no wife 1,117 4% with children 777 3% without children 340 1% Female Householder- no husband 2,626 10°k with children 1,761 7% without children 865 3% Nonfamily Households 5,386 21% Total Households 25,302 100% Familial status isprotected under the Nair Housing Act In Meridian, l 1 percent of fair housing complaints filed in Meridian since 2005 were based on Familial srltus. Similar to race and ethnicity, it is important to note the place of residence of female households with children to determine whether discrimination is preventing them from moving into certain. portions of the city. Seven percent of Meridian's households are single female households with children. Families comprised of a single female householder and children are far more likely to live in poverty, and may require some form of public assistance to afford housing and other basic needs. This is certainly the case in Meridian. For example, 5 percent of all Meridian families live in poverty compared with 13 percent of all single female headed households and 45 percent of female households with children under the age of 5 years old. As demonstrated in Figure I-8, female-headed households are most likely to reside in the city's downtown area. BBC RESEARCH & CONSULTING SECTION I, PAGE 5 Figure 1-8. Geographic Distribution of Single Female Households with Children, City of Meridian, 2070 Source: 2010 U.S. Census. Income and poverty. "1'hc American Community Survey,(ACS) estimated the city's 2010 median household income at $60,230. i\~cridian's households earnmore than state and national residents; the median household income is $/3,/t9U in Idaho and $50,046 for the U.S. overall. Figure I-9 displays_Meridian's household income distribution. About half of Meridian's households earn between $25,000 and $75,000 per year. An additional 16 percent of the ciry's households earn less than $25,000. per year. Figure 1-9. Household Income Distribution, City of Meridian, 2010 Source: 2010 American Community Survey. llr~lial ~ llli=iSf~r~fr In[ IihC~1C!~ra(l I i lii t_{ll~j ~~~} Less than $10,000 1,012 4% $10,000 to $24,999 3,140 12% $25,000 to $49,999 6,563 25% $50,000 to $74,999 6,370 24% $75,000 to $99,999 3,473 13% $100,000 to $149,999 2,911 11% $150,000 or more 2,563 10% BBC RESEARCH ST CONSULTING SECTION I, PAGE 6 Figure I-10 displays the geographic distribution of the city's lowest income households by Census block group. Two block groups contain more than 26 percent low income households. By HUD's definition of disproportionate need, these two block groups contain a concentration of low income households in the city. Both block groups are located in downtown Meridian. Figure I-10. Geographic Distribution of Low Income Households, City of Meridian, 2010 Note: Households earning Tess than $25,000 peryear used as a proxy for low income. Source: 2010 Claritas. legend Less than 10.096 10.0§v l0 7G.0&; ~°-~ More than 26.095 INp 6esignatedLMl Nea :5". -~ -i ;n Median Family Income (Iv~t PI) is used by H UD and state and local policy makers to qualify households for various housing programs. According to HUD, the MFI for the Boise-Nampa MSA in 2011 was $62,100, The folVowing classifications utilize MFI to define income levels according to HUD's categorirarion: ® Extremely low-30 percent and less of MFI ($18,630 and less); ® Very low-31 to 50 percent of MFI ($18,631 to $31,050); ® Low and moderate-51 to 80 percent ($31,051 to $49,680); ® Above low and moderate-80 percent and above of MFI (more than $49,680); BBC RESEARCH & CONSULTING SECTION I, PAGE 7 Figure 1-7 7. Distribution of Low Income Households by HUD Income Classification Categories, City of Meridian, 2010 3046 of MFI (10.846) 5046 of MFI (11.696) .~ -. Above 8096 ~- MFI (59.196) 8046 of MFI (18.546) Source: 2010 American Community Survey. Figure I-11 shows the percentage of Meridian households within each MFI category. The largest proportion of households in Meridian (59%) were considered "above low and moderate income," earning more than $49,680. These households would likely not qualify for HUD-funded programs. Eleven percent of Meridian's households earn less than 30 percent of the local MFI and would be considered by HUD's standards "very low income." Meridian's 6 percent poverty rate is relatively low compared to the poverty rate in Idaho (16%) and the U.S. (15%). Moreover, Meridian's child poverty rate of 7 percent is much lower than the national child poverty rate of 21 percent.' Figure I-12 displays poverty rates by age group for Meridian residents. The city's college age students have the highest poverty rate at 14 percent, which is not surprising given that many of these individuals are likely enrolled in college or are just beginning careers. Moreover, this segment of the population has been heavily impacted by the recent economic downtown. Surprisingly, only 1 percent of the city's seniors are living in poverty. Given that this segment of the population often lives on a fixed income, :poverty rates among seniors are typically higher than l percent. Figure I-7 2. Poverty Status by Age, City of Meridian, 2070 Source: 2010Amrriran Community Survey. Ib«"s11 Ift:~~r~ftlit~ Is~_ra,~aitii>f It?elp~+JE(al~]Ai l1i~17n~s;(d~y /,.`~gj'-'(y7r[~Ill,) Infants and Toddlers (Age 0 to 4) 520 10.9% 8.3% Schdol Aged Children (Age 5 to 17) 1,175 24.5% 6.2% College Aged Adults (Age 18 to 24) 551 11.5% 13.8% Young Adults (Age 25 to 44) 1,715 35.8% 7.4% Baby Boomers (Age 45 to 64) 763 15.9% 4.5% Seniors (Age 65 and older) 65 1.4% 1.1 Total 4,789 100% rate includes all children under the a;;e of 18. Data source is the 2010 U.S. Census. BBC RESEARCH ST CONSULTING SECTION I, PAGE 8 Disability status. Disability status is an important component of fair housing analysis, particularly in Meridian and the Boise region. Disability status has been the basis for a number of fair housing related lawsuits. And, according to HUD, 61 percent of the 18 fair housing complaints filed in Meridian between 2005 and 2011 were on the basis of disability. Nearly 7 percent of all residents in Meridian report having a disability. The city's seniors have the highest rate of disability at 24 percent. Figure 1-13. Disability Status by Age, City of Meridian, 2010 Source: 2010 American Community Survey. Ifrs~aliiii l,~k=~ ;<)~~iila, lie"At~iici lobtrt=i~llli~,~ l;tydd=litit?fr /~.i:~tcta;nl Under 5 years of age 6,284 - 0.0% 5 to 17 years of age 19,030 372 2.0% 18 to 34 years old 14,389 594 4.1 35 to 64 years old 29,846 '..2,615: 8.8% 65 years and older 5,697 1,347 23.6% Total 75,246 4,928 6.5% Ambulatory or physical disabilities are the most commonly cited type of disability among R9eridian's residents. Forty-six percent of persons with a disabilit}~ aged 18 to 6/ report having an ambulatory disability, as do 18 percent of disabled. seniors. Figure I-14 maps the location of the ciry's residents ~ti~ith disabilities by Census tract. Txactslocated in the central portion of the city do contain concenn~ations (according to HUD's definition of disproportionate need) of persons with disabilities. 'Phis is partially impacted by the city's disabled senior population. Figure 1-14. ~L _ Percent of Population o with a Disability by = ~ _ +. - ~ J - - -- Census Tract, City of ~~ ~ l ~t~`" ,= Meridian, 2011 ~ ~ .~(~U la+~ Source: ~ a~~_(~~ --- - 2005-2010 ACS 5-year estimate. ~ __ ~~ ~ A~~ L~ C`L~ b ~ ~~ ~~ h 1_~l _;: ~ l ~ ~~ I , ;~ f..~.~-L, ~I ;~,~ l ,~ 1 ~~ ~ t~ , ~~ ,-~, , ~ I ~ ~_ e !, { r I~ ~ -~ ~-1_~I~ Legend ~ ,`~~ less than 17.045 '"' l _. ~ 17.0%w mU.a ~ '~ L __ 1. p~ `~.. BBC RESEARCH LI CONSULTING SECTION I, PAGE 9 Economic Characteristics Unemployment. In the midst of the recent economic recession, the Boise region and the City of Meridian have not been immune to increases in unemployment. The city and the region experienced substantial job loss between 2007 and 2009, which resulted in unemployment rates in Meridian growing from 2.5 percent to 7.9 percent between 2007 and 2009. Meridian's unemployment rates have historically trended below the MSA, the state and the U.S., and it remains that way in October 2011. Figure 1-17. Unemployment Rate, Boise MSA, Idaho, U.S, 2000 to 2011 Meridian `--' Boise-Nampa MSA-- State ofldahoU.S. 10.0 'f` ° ` 8.0 __. _ _. _ _. _... __ ___ ' _... v 7.0 _ _ _ _ _ _ _ ,,~ v ~, 5.0 a '- - ~ < e e o A ~ a 4.0 ~ E ~ ~ ~ -~ ~ 1.0 2001 2002 2003 2004 2005 2006 2007 2000 2009 2010 2011 (October) Note: Data are not seasonally adjusted annual averages. Source: Bureau of tabor Statistics. Jobs and wages. As demonstrated in Figure I-18, Ada County's employment base is largely associated with service jobs (85°io) that pay an average annual wages of $37,000 per year. Manufacturing jobs pay the highest wages in the county; however, they only comprise 9 percent of the county's total employment (h-crall, the county's private sector employment opportunities pay an average of $40,000 per year.. Figure I-18. Employment. and Wages, Ada County, 1 Q2011 Note: Employment data only available by county. Source: Bureau of Labor Statistics. Goods Producing Natural Resources and Mining Construction Manufacturing Servicing Producing Trade, Transportation, and Utilities Information Financial Activities Professional and Business Services Education and Health Services Leisure and Hospitality Other Services Unclassified Total Private Employment i`,Farait= _ i„_rj~lia~~ ~ra,s< ~Y,I~,rFrr l~'irl~l~itar i. i_.ln 7~(i ~ i~f.7i(~.Li 23,252 14.60 $58,344 722 0.5% $32,084 8,118 5.1°.6 $39,156 14,412 9.0% $70,512 136,317 85.44'u 537,024 36,306 22.8°,6 $36,036 3,514 2.2°.6 $46,072 10,661 6.7°.6 $51,688 32,785 20.5°,6 $43,680 30,241 19.0°.6 $39,936 17,649 11.1°h $14,664 5,143 3.2% $24,024 18 0.0°.6 $50,908 159,568 $40,092 BBC RESEARCH ST CONSULTING SECTION I, RAGE 10 Largest employers. Figure I-I9 displays the largest employers in the Boise-Nampa MSA. Many of the region's largest employers have multiple locations, some of which are in Meridian (e.g., St. Luke's Regional Medical System, Wal-Mart). The Meridian School District is the fifth largest employer in the region with 4,000 employees. The school district is very large, and does extend outside the city's boundaries. Most of the region's largest private sector employers included in Figure I-17 are located in Boise. Meridian's employment base is primarily comprised of smaller firms involved in retail and services. Figure 1-79. Major Employers, Boise City-Nampa MSA, 2071 !;l!tiliiXarCd? L~InIIII'~Fa` Iail~,it.~;<x~s II~C~IIF~in% State of Idaho 8,489 Government St. Luke's Regional Medical System 7,677 Healthcare Sen~ices Micron Technology, Inc. 5,000 Semi Conductor Mfg. WalMart 4,235 Retail/Grocery Meridian Joint School District #2 4,000 Education Boise State University 3,952 Education St. Alphonsus Regional Medical System 3,407 Healthcare Services Hewlett-Packard Company 4,000 Laser Printing Div Albertson's/A Supervalu Company 2,500 GroceryJRetail Ada and Canyon County 2,308 Government Boise School District 2,200 Education IDACorp. (Idaho Power) :1,961 Utility J. R. Simplot 1,800 HQ/Food Production Nampa School District 1,700 Education City of Boise 1,600 Government DirecTV 1,400 Customer Service Citi 1,250 Inbound -Credit Card Sales/Service Darmody Enterprises (McDonald's) 1,250 Retail Food Veteran's Affairs/Medical Center 1,250 Healthcare Services Fred Meyer 1,200 Retail/Grocery WDS Global Services 1,100 Customer Service Call Center EDS 1,000 Inbound - 3rd Party (military) Teleperformance USA 950 Inbound Customer Service Vallivue School District #139 950 Education URS 900 Construction/Engineering Services (Gov't, Mininq ~ Power Industries) Source: Boise Valley Economic Partnership. BBC RESEARCH bT CONSULTING SECTION I, PAGE 11 Housing Market Analysis Development trends. Figure I-20 displays the number of residential building permits issued in Meridian. As is the case in many communities, residential permitting peaked in the middle portion of the last decade and drastically declined starting in 2007. Figure 1-20. Residential permits, City of Meridian, 2007 to 2010 Source: COMPASS. 2001 zooz 2003 2004 2005 2006 2007 2008 2009 2010 0 500 1,000 1,500 2,000 2,500 3,000 3,500 4,000 Number of Residential Permits Figure I-21 examines the number of permits issued in Meridian by product type. According to permit data, single fimily units comprised much of the city's development in the last 10 years. Assuming permits resulted in built amts, the largest proportion oC multifamily units was constructed in 2008 when 26 percent of all permits were issued for multifaniil>> development. Figure 1-27. percent of Regional permits by product Type, City of Meridian, 2007 to 2010 1 BBC RESEARCH & CONSULTING SECTION i, PAGE 12 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 Note: Percentages based on estimates with imputations. Source: U.S. Census Building Permit Estimates. Housing supply. There are currently 26,674 housing units in the City of Meridian. The vacancy rate reported in the 2010 Census was 5.1 percent, indicating that 1,372 of the city's housing units were vacant at the time of the Census. Most units were vacant because they were either for sale (612) or for rent (293). The city's housing market has experienced remarkable growth in the last 20 years. The city had approximately 3,700 housing units in 1990 and 12,300 in 2000. The 600 percent increase in the size of the city's housing inventory since 1990 has resulted in the city's evolution from a small farm community to the 3`d largest community in Idaho. Tenure. Between 1990 and 2000, the proportion of homeowners in the city grew from 71 percent to 84 percent. However, the percentage of homeowners decreased in the last 10 years and currently. stands at 77 percent, which indicates that 23 percent of the city's households currently rent their home. Figure 1-23. Housing Tenure, City of Meridian, 1990, 2000 and 2070 Source: 1990, 2000 and 2010 U.S. Census. 1990 2000 2010 6 0°~ 20°.6 40°.6 60°.6 80% 100°.6 Homeowner Type. Despite the extensive growth in the local housing market, the distribution by type of housing unit has changed very little in the last fe~~~ years. This means that housing construction in the last 10 years reflected the city's existing housing stock in 2000. The city has lost some of its existing mobile home stock, which has resulted in a larger proportion of single family detached units. Figure 1-25. Distribution by Type of Housing Unit, City of Meridian, 2000 and 2070 Source: 2000 U.S. Census and 2008-2010 American Community Survey. Detached Single Family Attached 2 to 4 Units 5 to 50 Units 50 or more units Mobile Homes 0°~6 20% 40°~fi 6096 80% 100°.6 BBC RESEARCH ST CONSULTING SECTION I, PAGE 13 100°0 80°,6 60°0 40°,b 20°0 0°h Renter Age. Given the ciry's rapid growth in the last 20 years, it's no surprise that nearly 90 percent of the city's housing units were constructed after 1990. However, there are homes in Meridian constructed in the 1970s, indicating that 6 percent of the city's homes are approaching 40 years of age. Figure I- 26 displays the age distribution of the city's housing stock. Figure I-26. Age Distribution of Housing Stock, City of Meridian, 2070 Source: 2010 American Community Survey. Built 2005 or later Built 2000 to 2004 Built 1990 to 1999 Built 1980 to 1989 Built 1970 to 1979 Built 1960 to 1969 Built 1950 to 1959 Built 1940 to 1949 Built 1939 or earlier 0% 10% 20% 30% 40% 100% Housing demand and cost. This section discusses the cost of housing forboth rental and homeownership housing. It then discusses demand a,ld gaps in provision of housing to determine the greatest housing needs in Meridian. Rental costs. The gross median rent in the City of Meridian in 2010 was $965, which was an increase of 53 percent from the 2000 median rent of $629. "1'he city's .median gross rent is significantly higher than the median gross rent for Ada County overall ($751), as well as neighboring Boise $718, ~ Figure I-27 displays the distribution of gross rental rates within the City of Meridian in 2000 and 2010. in the last: l 0 years, the city's rental rates have become increasingly more expensive. In 2000, residents would be challenged_to find a unit requiring a rent of $1,000 or more; currently, half the city's ten tal units have rents of $1,000 or more. z The Census Bureau defines gross tent as "the amount of the contract rent plus the estimated average monthly cost of utilities (electricity, gas, water and sewer) and fuels (oil, coal, kerosene, wood, etc.) if these are paid far by the renter (or paid for• the renter by someone else). BBC RESEARCH ix CONSULTING SECTION I, PAGE 14 Figure 1-27. Gross Rental Rate Less than $25C Distribution, City of Meridian, 2000 and 2070 $250 to $499 source: $500 to $749 2000 and 2010 Census. $750 to $999 $1,000 to $1,249 $1,250 to $1,499 $1,500 or more Renter incomes have increased in the last 10 years to account for increased rental rates. The median household income of a renter household in 2000 was $27,148; it was $38,4)4 in 2010. ~`~~hile the city's median renter household income did not grow as guicldy rental rates in Meridian, the median household income of renters is enough to afford the city's median gloss rental rate. Despite increases in renter's income, the city's median rental rates now require a larger proportion of renters' hotitsehold income. Median gross rent as a percentage of renter household income in 2000 was 26 percent; the 2010 ACS reported that the percentage ]lad increased to 33 percent. HUD's generally accepted definition of affordability is for "a household to pay no more than 30 percent of its annual income on housing." 3 On average, Meridian's renter households slightly exceed HUD's affordability standard. Rental gaps. To understand more specifically where the rental matket in Meridian fails to meet residents' needs, we performed an exercise called a "gaps analysis." The gaps exercise compares the supply of rental housing at various price points to the number of households who can afford such housing. If there are more rental units than households, the market is "over-supplying" rental housing at that price range. Conversely, if there are too few units, the market is "under-supplying" housing. Figure I-28 displays the results of the rental market gaps analysis. 3htt~llw~s~v.hud.eov(off€ceslcpolaEforda66•~~ ~ ' BBC RESEARCH bi CONSULTING SECTION I, PAGE 15 0°i6 10'i6 20% 30~b 40°h 50°ib I W1~b Figure 1-28. Mismatch in Rental Market by Household Income, City of Meridian, 2010 i,~~zffY,l~lt~l.hr!~#h~l iiYi~l:dliSl!.Gal ie1~rJ(St%IIU/~ ~~~7telntr~ inr~l~htiiulr'I l4a S3a~i i __ ! z~ 1iYt, ehi it I id~lt a'/~~rirt~~2Trht~t=~Rf~?=1i11:~2 .t-3il~fl Il;f~~.lnF`IlkliT<j~ !n~(!iPili~6 '4=7eadrlel.„ ({~Tt~'6C•'Iiil,RflP~lfi(i~j IilUuh.h ~_ ,~,t~s-li(~!(-,~ ~_ , (Gr~i} Less than $10,000 682 12°.6 $ 250 229 4°.6 (453) $10,000 to $14,999 442 8°,6 $ 375 197 3°.6 (245) $15,000to$19,999 336 69fi $ 500 74 196 (262) $20,000 to $24,999 270 50.6 $ 625 153 2°~6 (117) $25,000 to $34,999 703 130,6 $ 875 1,768 29°r6 1,065 $35,000to$49,999 1,037 180,6 $ 1,250 2,804 460.6 1,767 $SO,000to$74,999 1,371 240.6 $ 1,875 775 13°.6 (596) $75,000 to $99,999 357 60,6 $ 2,500 147 2°r6 (210) $100,000 to $149,999 288 5°!0 $ 3,750 0 0°6 (288) $150,000 or more 123 2°~6 $ 3,751 0 0% (123) Total 5,609 100% 6,147 Source: BBC Research kConsulting. - As shown in Figure I-28, there are 682 renters earning less than $10,000 per year living in Meridian-but just 229 units to serve them. This lca~=cs a shortage of 453 units for the city's lowest income households. These renters have such low incomes that theycan only afford to pay $250 per month in rent. Altogether, the City's rental gap is 1,077 for renters earning less than $25>000 per year. Renters earning more than this can find an adequate suppl}= of units. In particular, renters earning between $25,000 and $50,000 have an abundance of units afforda~ile to them. The City's highest income renters could pay more in rent than what the marl~et has available to serve them; however, these renters likely pay less than their maximum affordable rent to save for a down payment for a home purchase. Owner costs. The median value of an owner-occupied home in the City of Meridian is $190,400 according to the 2010 Census. By comparison the median home value in Boise is $188,900. In 2000, the Census estimated Meridian's median home value to be at $119,800. Based on these estimates, the median has increased by $70,600 (59%), or by an average of $7,060 per year. BBC RESEARCH & CONSULTING SECTION I, PAGE 16 Figure I-29 demonstrates how the ciry's owner-occupied housing market has changed in the last 10 years. More than half the ciry's homes were valued between $100,000 and $150,000 in 2000. Many of those homes likely appreciated between 2000 and 2010, and are now valued higher than $150,000. Additional changes to the distribution of the city's housing market are likely attributed to new construction that occurred in the last 10 years. New construction likely favored homes valued at $200,000 or more. Figure 1-29. Owner-Occupied Home Less than $50,000 Value Distribution, City of Meridian, 2000 and $50,000 to $99,999 2010 $100,000 to $149,999 Source: 2000 and 2010 Census. $150,000 to $199,999 $200,000 to $299,999 $300,000 to $499,999 $500,000 to $999,999 $1,000,000 or more The housing market downturn impacted Meridian profoundly both in sales activity and sales prices. In the last four years, the average sales price has declined by 37 percent. And, 2010 produced the lowest number of annual sales of the last five years. Figure 1-30. Frequency and Average Sales Price of MLS Sales, City of Meridian, 2006 to 2010 Source: COMPASS and Intermountain MLS . l~'~1 r~Co f~? 2006 3,271 $ 269,515 2007 1,864 $ 167,924 2008 1,464 $ 234,706 2009 1,614 $ 187,171 2010 1,426 $ 168,547 BBC RESEARCH ST CONSULTING SECTION I, PAGE 17 0% lU°rb ZO';5 3U°r5 4U°r6 SO°,6 6096 l0U°r6 Figure I-31 maps the 2010 median sales price by Census tract. There was no portion of the city that did not experience a decline in home prices in the last five years. Average sales prices declined by 35 to 40 percent in every Census tract in the city but one (103.31). Figure 1-37. Average MLS Sales Price ____ -- sod- _ -- -- .._ :. =--- -- --- by Census ~ ; Tract, City of f ` ' ~ '~~~~ fJ- `7 ~ ~- ~ Meridian ~, ~ r . - tj E ' t s) 2010 Ek,.~ j t~~ ~ !~~ <<.~-! ~~~~~- Source: COMPASSand Intermountain MLS. -- - _ __-.._- l-1T al' -_. ~F: ~~. - 103.13 $305,631 $197,150 355°~~ ~ 103.21 $208,229 $130,599 -37.395 -~ --I-- - ' --- i 103.22 $170,319 $103,177 -39.495 ` i 103.31 $338,371 $233,869 -30.996 J / !_ 103.32 $251,264 $160,474 -36.146 1( ~~ - ~J~ ~y • /`~~ 103.33 $251,640 $162,566 -35.496 - a 103.34 $222,421 $139,081 -37.596 ___ i-~~.~,~..,~.. _- -_,_ i - - 103.35 $285,419 $172,666 -39.546 1 1 ( X65; lecUend ~ Less than $150,000 ~ i $150,000 i0 8200,000 ~s l ] ~; More than 5200,000 Y u n ; - Foreclosupe Analysis According to RealryTrac, there were 324 new foreclosure filings in Ada County in November 2011. This foreclosure rate indicates that one in every 485 homes in the county received a foreclosure filing in November 2011. This was a higher foreclosure rate than the State of Idaho (one in every 770 housing units) and the U.S. overall (one in every 579 housing units). Meridian's housing stock represents 17 percent of the county's housing stock. Assuming foreclosures in Meridian occur in proportion with the city's contribution to the county's housing stock (17%), Meridian may have had 55 foreclosure filings just in November 2011. BBC RESEARCH & CONSULTING SECTION I, PAGE 18 Figure II-40 maps the percentage of bank owned properties of total home sales in 2010 by block group. Since foreclosures are not identified in the MLS, bank owned properties are used as a proxy for foreclosures. Bank owned properties accounted for 30 to 50 percent of all home sales in 2010 in most of the city's block groups. The proportion of banked owned properties of total sales exceeded 50 percent in two of the city's block groups. Both block groups were located in central Meridian. Figure 1-32. percent Bank Owned properties, of Total Sales by Block Group, 2010 Source: COMPASS and BBC Research Ez Consulting. Legend less than 3q.OSv '. #D.U9u to 51}.U'1~ Mote than SOA9G ~. ~C;J= -~----~ 'rranspo~°f~tion Like man}~ western communities, residents in Meridian and the Boise region are primarily dependent on cars for transportation. Nearly 80 percent of Meridians residents drove alone to work each day. And, less than 1 percent of the city's workers relied on public transportation for their work commute.4 The Boise region is served by Valley Regional Transit (VRT), which provides public transit for both Ada and Canyon counties. Figure I-33 displays VRT's inter-county bus lines. The purpose of the inter-county bus line is largely to connect Boise with the City of Nampa; however, Meridian is served along Interstate 84. Stakeholders and residents engaged during the public input process both noted that public transportation opportunities are very limited in Meridian. 4 Means of transportation to work statistics from the 2010 American Community Survey 1-year estimate. BBC RESEARCH & CONSULTING SECTION I, PAGE 19 Figure 1-33. Valley Regional Transit Bus Lines, City of Boise, 2011 .a ,,, ~~ ~-~ -~ ~ : _ ``,~.) ~9 '''1~ ~~y"'gfrdr-kiln w i s ,~ , s~ ~ ~ t ~ ~ ~~ ~r o~rn I ~ ~.. . - - ~~ ; ~ , .~ ~~- . r tF ~d, ~~ ~ I ~ ~ ~ ~ ~ v~ ~~ t 4rmrlmd i ~ , g (( r @ ~' ~f i I`~' .. ~ 2 n '~ i ~' I ij Source: Valley Regional Transit. public transportation for special needs population. The VRT's ACCESS program is a paratransit service for regional residents with disabilities «~ho are urrd~le to access ValleyRide's traditional bus services. ACCESS is an origin to destination transit service operating Monday through Saturday with the same hoots as tl~c fixed-hne bus system. ACCESS will travel up to three-fourths of a mile off fixed-line routes for service pickups. If residents li~~e further than three-fourths of a mile from affixed-line service, they must get to a bus stop to receive ACCESS services. The Meridian Senior Center transports homebound seniors from their homes to the Meridian Senior Center Monday through Friday for lunch. Every Wednesday, the Senior Center will also take seniors to Albertsons for grocery shopping. BBC RESEARCH & CONSULTING SECTION I, PAGE 20 1 o 1 1 1' S This section reviews city zoning and land use policies, as well as the policies and practices of the Boise City Ada County Housing Authority (BCACHA), for barriers to fair housing choice and violations with the Federal Fair Housing Act. The section also contains the results of an examination of a sample of Homeowners Associations' covenants. It concludes with an overview of city goals and objectives related to housing and community development. Public Housing Authority BCACHA serves as the housing authority for the Ciry of Meridian, as well as Ada County, and provides housing to the city's lowest income households primarily through the Section 8 voucher program and public housing units. Section 8 Voucher Program. The BCACHA administers 1,794 Section 8 vouchers in Ada County. Most BCACHA vouchers are used within the City of Boise (64%). The remaining 36 percent of vouchers are spread throughout the remaining portions of the county, including Meridian. The BCACHA currently administers 185 vouchers to residents of Meridian. As of May 2011, there were 5,331 households on the Section 8 waitlist. It is likely that as many as 550 Meridian households are currently waiting for a Section 8 voucher.' The BCHACHA estimates that households on the waitlist will wait four to five years for a voucher. Figure II-1 displays the demographic characteristics of all households on the Section 8 waitlist. Waitlisted households are lar el cate orized as extremel low Figure II-1. BCACHA Section 8 Waitlist, Household Demographics, City of Meridian, 2017 li±t±li'~ior.a, 1its3~'sc;tM1 Applicants on Active Waitlist 5,331 100% Household Characteristics Families with children 2,920 55% Elderly families 495 9% Families with disabilities 2,064 39% Income Extremely low income 4,449 83% Very low income 820 15% Low income 23 0% Race/Ethnicity American Indian/Alaskan Native 127 2% Asian 211 4% Black/African American 394 7% Native Hawaiian/Pacific Islander 63 1% White 4,237 79% Hispanic 523 10% Non-Hispanic 4,053 76% g Y g Y income. African American and Hispanic Note: Demographic data is not provided for all applicants. Household characteristics income and race/ethnicity categories will not sum to 100 percent. residents are disproportionately represented Source: BCACHA. on the Section 8 waitlist; African Americans account for less than 2 percent of the city's population, but 7 percent of waitlisted households. i The BCACHA does not differentiate beaveen Ciry of Boise and Ada County applicants on the waitlist. Meridian residents account for 10 percent of all voucher recipients, and are assumed to account for 10 percent of all waitlisted households. BBC RESEARCH & CONSULTING SECTION II, PAGE 1 Section 8 policies. According to BCACHA's website, households can check their status on the waitlist online or by calling or visiting the BCACHA office. Households are notified by mail when a voucher becomes available to them. To stay on the Section 8 and/or public housing waitlist, residents must report changes of address, phone, household members or local preference in writing within 10 working days of the change. Residents must also respond to requests made by the BCACHA. Failure to abide by these rules may result in the removal of residents from the waitlist.z This information is presented on the rental assistance application found on the BCACHA's website. The online application is only available in English. The BCACHA closed its Section 8 waitlist on April 29, 2011citing "large demand for rental assistance in the community, a limited amount of funding and federal budget cuts." 3 The BCACHA also recently suspended all Section 8 waitlist preferences, with the exception of the following categories: ® Applicants with a Family Unification Program referral from the Department of Health and Welfare; ® Applicants with a Homeless Program referral from one of the BCACHA recognized referring agencies; ® Applications with a CATCH program referral from the Ciry of Boise; A household whose head or co-head (or at least one adult member) is working at least 20 hours per week, with verifiable income or whose head or co-head is participating in a BCACHA recognized job preparedness/self-sufficiency program or a household whose head or co-head is either elderly (62 or older), and/or handicapped and ttnable to work; and ® A household whose head or co-head is fleeing their home due to domestic violence. If a household does acquire a Section 8 voucher, the BCACHA provides assistance to recipients in the following ways: The BCACHA provides recipients with information on the location of accessible units in the region; They provide residents with an online checldist to evaluate apartments. The BCACHA encourages residents to evaluate the condition of the unit and the neighborhood; the cost of utilities; and the home's proximity to public transportation, employment, schools, medical facilities and shopping. ® The BCACHA encourages residents to find housing outside of high poverty areas in hopes of increasing access to good schools, job opportunities, better quality housing and responsive landlords. z These policies are presented on the rental assistance applications found here: http:f/`v'wev.bcael~a.e~rglrer _ _ ~ 12- t?"r 2C 3 For more information on the Section 8 program: http:Ihvww.BC/ACHA.org/Rental_Assistance/Section_8/section_8.html BBC RESEARCH ST CONSULTING SECTION II, PAGE 2 Public housing. The BCACHA has 230 public housing units located in Boise. There are no public housing units in Meridian. Both facilities serve elderly residents and persons with disabilities. Both facilities contain a mix of studio, one bedroom and two bedroom apartments. The BCACHA also manages five scattered site duplexes in Boise with federal aid from HUD. If a Meridian resident was interested in moving into a public housing tlnit, they could obtain a public housing application at the BCACHA office or online. Applications must be mailed or hand delivered to the BCACHA office in Boise. The BCACHA website can be interpreted into many languages through the Google Translate tool; however, the public housing application is only available online in English. There are currently 168 families on the waitlist for public housing units. It is unknown whether any of these families currently reside in Meridian. The average wait time for a public housing unit ranges from three months to two years depending on the unit size requested. Figure II-2 summarizes the demographic characteristics of families on the public housing waitlist. Nearly all households on the waitlist (93%) have a household member with a disability. Figure II-2. BCACHA Public Housing Unit Waitlist, 2011 Note: Demographic data is not provided for all applicants. As such, household characteristics, income and race/ethnicity categories will not sum to 100 percent. Source: BC/ACHA. Ntillll:t-13 I(~a d,.(-leer: Applicants on Active Waitlist 168 100% Household Characteristics Families with children - 0°~6 Elderly families 34 20°~6 Families with disabilities 156 934f, Income Extremely low income 7 4°.6 Very low income 2 1 Low income 2 1 °~ Race/Ethnicity American Indian/Alaskan Native 3 2°,6 Asian 2 1 °fi Black/African American 10 6°r6 Native Hawaiian/Pacific Islander 1 1 °k White 138 82°,6 Hispanic 15 9°.6 Non-Hispanic 114 68°,6 BBC RESEARCH ST CONSULTING SECTION II, PAGE 3 Limited English Proficieney poliey. Title VI of the Civil Rights Act of 1964 is "the federal law that protects individuals from discrimination on the basis of their race, color, or national origin in programs that receive federal financial assistance."4 Compliance with Title VI requires that recipients of federal dollars provide language assistance to individuals with limited English proficiency (LEP). Otherwise, "failure to ensure that persons who are limited English proficient (LEP) can effectively participate in, or benefit from, federally assisted programs may violate Title VI's prohibition against national origin discrimination.i5 In 2007, HUD issued guidance to help federal assistance recipients understand their obligations to serving individuals with LEP. HUD suggests federal assistance recipients conduct afour-factor analysis to determine how to best service LEP individuals (explained below); develop a Language Assistance Plan (LAP); and provide appropriate language assistance to LEP individuals. HUD's four-factor analysis is a "flexible and fact-dependent" approach to helping federal assistance recipients determine which LEP populations to serve and how to best serve these populations. The four-factor analysis includes identifying the following: The number of proportion of LEP persons eligible to be served or likely to be encountered by the program or grantee; ® The frequency with which LEP persons come in contact with the program; The nature and importance of the program, activity or service provided by the program to peoples' lives; and ® The resources available to the grantee/recipient and costs. In addition to the four-factor analysis, HUD provides more specific guidance for Title VI compliance. HUD recommends recipients provide written translation of vital documents and oral translation of non-vital documents for LEP languages if the LEP group represents either 5 percent of the total population or 1,000 persons. HUD recommends that federal assistance recipients develop a language assistance plan (LAP) to describe how they intend to serve LEP individuals in their communities. The BCACHA's LAP was last updated in 2004, prior to HUD's 2007 guidance. According to the BCACHA's LAP, the housing authority is committed to quickly connecting LEP individuals to interpreters at no cost to the individual, BCACHA explicitly states that friends or family members of the LEP individual are not valid interpreters. Instead, the BCACHA utilizes bilingual staff members when available and a telephone interpreter service known as the Language Line Services. Information on Title VI and HUD programs can be found here: ht~r€~:fl~urta9.hucLl j' ~ ~(H~D?src=t' prt5~ra ~. _ _ coal oto~ - ~~ IBID. BBC RESEARCH SI CONSULTING SECTION II, GAGE 4 The BCACHA's implementation plan does not specify when written interpretation of vital documents will be provided for residents, which is an important component of HUD's 2007 Title VI guidance. However, the BCACHA's rental assistance application for its Section 8 and public housing programs does ask residents whether they need assistance with language interpretation. Assisted Housing Units The following summarizes the city's inventory of affordable housing units directly owned and operated by the city or constructed with federal subsidies and tax credits. Assisted units. There are 50 assisted units in Meridian developed from federal subsidies. All units are contained in one building, the James Court Apartments, located in central Meridian. The affordability requirement of this facility is set to expire in 2018. Figure 11-3. Units with Subsidized Rent, City of Meridian, 2011 ~inr,i~,~_~ :,_.,i , ~~~~. ~. ~ i ; nnlii~- ,Mlr-.,.. r.l3.: (Isl7. nucln i~;- ,.i, "u+-.: ,.ui. `. James CourtApartments ?190 N. Meridian Rd. 201£3 50 0 20 20 10 0 Total 50 0 20 20 10 O Source: U.S. Department of Housing & Urban Development. Land Use (policy Review The following section reviews important pieces of the city's overall land use policy. This includes a review of how land use decisions are made and approved and the long-range growth vision for the city. Additionally, a HUD checklist was used to conduct a general analysis of the city's zoning code. (Manning and Zoning Commission. Meridian's Planning and Zoning Commission is responsible for reviewing all zoning changes and conditional use applications. All five members of the Commission are appointed by the Mayor and confirmed by the City Council. The Planning and Zoning Commission is responsible for upholding the city's land use policies and ensuring that all planning decisions support the city's development goals, objectives, and action items. According to city staff, the commission very rarely recommends denial of housing developments as long as they align with the city's adopted land use policy plan, and public opposition alone is not a reason for the commission to recommend denial of a proposed project or development. Comprehensive flan. During 2010-2011, the city updated its Comprehensive Plan. The process commenced in early 2010 with a town hall meeting and revised goals, objectives, and action items were adopted by the Planning and Zoning Commission in March 2011. The City Council conducted a public hearing and adopted the updated Comprehensive Plan in April 2011. The updated Comprehensive Plan was based upon the concerns and expressions of the community, as well as the Existing Conditions Report that was adopted concurrently as an addendum to the plan. The Existing Conditions Report includes background information and analysis about the built and natural environment in Meridian in 2010, trends, and a strategic plan for the future. BBC RESEARCH & CONSULTING SECTION II, PAGE 5 The Idaho State Code requires that Idaho communities examine a number of community development categories in their Comprehensive Plans including land use; school facilities and transportation; housing; and economic development. The city's Comprehensive Plan examines these elements within the framework of seven key community values: Manage growth to achieve high-quality development; Enhance Meridian's quality of life for all current and future residents; ® New growth should finance public service expansion; ® Prevent school overcrowding and enhance education services; ® Expand commercial and industrial development; Improve transportation; and ® Protect Meridian's self-identity. The Comprehensive Plan states, "opportunities for housing should be available for all income groups with a mix of housing including modular, ranchettes, townhouses, apartment housing, low-income housing, and mansions. A vibrant community needs a good cross-section of housing and therefore must guard against an abundance of subdivisions in like density and price range. High-density housing must be strategically located to public transportation, community services, and not negatively affect property values."G Related to the goal of offering a diversity of housing types for a great range of choice are several action items listed in the City's Comprehensive Plan. Those action items are as follows: ® Adopt land use designations that will allow for housing opportunities for all income levels. ® Support a variety of residential categories (low, medium, medium-high, and high-density single- family, multi-family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities. ® Require an open housing market for all persons, regardless of protected class, ie: race, sex, age, religion, disability, handicap, family status or ethnic background. ® Ensure that no discriminatory restrictions are imposed by local codes and ordinances. ® Look for incentives to encourage the development of accessible, single-family home designs. ® Provide for a wide diversity of housing types (single-family, mobile homes and multi-family arrangements) and choices between ownership and rental dwelling units for all income groups in a variety of locations suitable for residential development.' The Comprehensive Plan states, "The City of Meridian, as a recipient of the CDBG federal funds, and its partnering non-profits, are obligated to not discriminate in hottsing or• services directly or indirectly on the basis of race, color religion, sex, national origin, age, familial status, or disability."$ G City of Meridian Comprehensive Plan, Adopted April 19, 2011: page 36 ~ City of Meridian Comprehensive Plan, Adopted April 19, 2011, page 53-55 s Ciry of Meridian Comprehensive Plan, Adopted April 19, 2011, page 82 BBC RESEARCH ST CONSULTING SECTION II, PAGE 6 Zoning code review. To evaluate potential fair housing concerns within the city's zoning code, a "Review of Public Policies and Practices (Zoning and Planning Codes)" form recently circulated by the Los Angeles fair housing office of HUD was utilized. This section poses the questions from this checldist, along with responses about the city's code. Does the code definition of `family" have the effect of discriminating against unrelated individuals with disabilities who ~•eside together in a congregate orgroup living arrangement? The City's code defines dwelling or dwelling unit as any structure, or portion thereof, providing independent living facilities for one "family" as herein defined, including provisions for living, sleeping, eating, cooking, and sanitation. The City's code defines the term family as A) a person living alone or two or more persons related by blood or marriage; B) A group of not more than ten persons who need not be related by blood or marriage living together in a dwelling unit; C) Eight or fewer unrelated mentally and/or physically handicapped or elderly persons residing in a dwelling under staff supervision, provided that no more than two staff members reside in the dwelling at any one time. Thus, group living for individuals with disabilities is allowed at the same level as individuals without disabilities, and group homes are allowed in all residential districts. The code does not discriminate against unrelated individuals with or without disabilities. The Meridian City Code does not reference Idaho State Code Section 67-6531 which defines a single family dwelling to include "any group residence in which eight (8) or fewer unrelated persons with disabilities or elderly persons reside and who are supervised at the group residence in connection with their disability or age related infirmity." However, the Meridian code does restrict the number of physically handicapped or elderly persons living together to eight persons when there is a need for supervision, similar to the State code. Zoning Regulation Impediment: Does the Code definition of `family" have the e, ffect of discriminating against unrelated individuals with disabilities who reside together in a congregate orgroaap living arrangement? N/A, see above. Zoning Regulation Impediment: Does the Code definition of `disability" the same as the Fair HousingAct? The Zoning Code does not provide a definition of "disability," "disabled" or "handicap." Practice Impediment.• Does the zoning o~zlinance restrict housing opportunities for individuals with disabilities and mischaracterizecuch housing as a "boarding or rooming house" or "hotel "? No. As discussed above, individuals with disabilities may live together in asingle-family dwelling unit. The City code does not have a definition for boarding or rooming house. Practice Impediment.• Does the zoning ordinance deny hozrsing opportunities for disability individuals with on site housing supporting services? The definition of family that addresses individuals with disabilities recognizes the need for supervisors, which is linked to on-site support services. However, Meridian's Code does not go beyond that definition to address support services for individuals with disabilities living together in a single family dwelling unit. Does the jurisdictionpolicy allow any number of unrelatedpersons to reside together, but restrict such occupancy, if the residents are disabled? No. The City code restriction on the number of unrelated persons who may reside together is the same for all residents, regardless of ability. BBC RESEARCH ~i CONSULTING SECTION II, PAGE 7 Does the jurisdiction policy not allow disabled persons to make reasonable modifications or provide reasonable accommodation for disabledpeople who live in municipal-supplied or managed residential housing? There are currently no municipal supplied or managed residential housing units in Meridian. Does the jurisdiction require a public hearing to obtain public input for speca c exceptions to zoning and land-case realer foe• disabled applicants and is the hearing only for disabled applicants rather than for all applicants? No. Public hearings are required to obtain a conditional use permit or zoning variance, but the hearing is not specific to persons with disabilities. Does the zoning ordinance address mixed uses? Hotu are the residential land uses discussed? TX~hat standards apply? Yes. The Meridian Ciry Code does encourage mixed use, and there are 8 different future land use designations and 3 zoning districts. Depending on the type of mixed use area envisioned, and the zoning district, land uses are discussed/addressed differently. Some of the mixed use land use designations prohibit residential altogether, some have a minimum number of residential required, and some have a maximum. The emphasis in the City of Meridian Design Manual is on promoting aesthetically pleasing mixed-use developments within neighborhoods and building designs that vertically integrate mixed-use structures and/or horizontal mixed-use forms to create compact developments. Does the zoning ordinance describe any areas in this jurisdiction as exclusive? No. Are there exclusions or discussions of limiting housing to any of the folloauinggroups: race, color, sex, religion, age, disability, maeltal staters or familial staters and/or creed of national origin? No. Are there any restrictions for Senior Housing in the zoning ordinance? If yes, do the restrictions comply avith Federal law on housing for older persons (i. e., solely occupied by persons 62 years of age or older or at least one person SS years of age and has signijcant facilities or services to meet the physical or social needs of older people)? No. Does the zoning ordinance contain any special provisions for making housing accessible to persons with disabilities? No, However, Meridian City Code 1-15-2.A, Fair Housing, states: With available resources, the City will assist all persons who feel they have been discriminated against because of race, color, religion, sex, national origin, disability, or familial status to seek equity under Federal and State laws by filing a complaint with the U.S. Department of Housing and Urban Development, Office of Fair Housing and Equal Opportunity, Compliance Division. Does the zoning ordinance establish occa pancy standards or maximum occupancy limits? Only based on the definition of family which provides for a maximum of 10 unrelated persons in one dwelling unit. No other maximum occupancy for a residential dwelling unit. Does the zoning ordinance include a discussion of fair housing? The zoning ordinance does not include a discussion of fair housing, but Ciry code 1-15-2 contains the City's Fair Housing Ordinance which outlines how the City will assist those who feel they have been discriminated against and how the City will promote and publicize the Federal Fair Housing Law. BBC RESEARCH ~ CONSULTING SECTION II, PAGE 8 Describe the minimztm standards and amenities required by the ordinance for a multiple family project with respect to handicap parking. Meridian zoning code requires compliance with ADA accessible parking standards. Does the zoning code distinguish senior citizen housing fiom other single family residential and multifamily residential ztses by the application of a conditional use permit (cup)? No. There is no separate definition for senior citizen housing. Does the zoning code distinguish handicapped housing fi•om other single family residential and multifamily residential uses by the application of a conditional use permit (cup)? No. Hoau are "special group residential hoztsing"defined in the jztrisdiction zoning code? There is no definition for special group residential housing or similar term. The term family is used, and sometimes Nursing or Residential Care Facility is used to define/classify a use. A Nursing or Residential Care Facility (NAILS Code 623) is defined as the "use of a site for providing assistance to individuals needed to perform the routines of daily life. The use includes, but is not limited to, children's treatment facility, assisted care, skilled nursing facility, residential care facility and drug and alcohol treatment facility." Does the jurisdiction's planning and building codes presently make specific refez°ence to the accessibility requirements contained in the 1988 amendment to the Fair HoztsingAct? Is there any provision foz• monitoring compliance? There is no reference to the Fair Housing Act in the zoning code and no provision for monitoring compliance. Meridian City Code Title 1, Chapter 15 discusses Fair Housing discrimination and complaint procedures. The Meridian Building Code (2009 IBC, IRC) does contain accessibility requirements. The code references American National Standards Institute (ANSI) A 117.1 which contains similar language to accessibility requirements contained in the 1988 amendment to the Fair Housing Act. The city actively enforces its building code to ensure compliance with the Fair Housing Act's construction and design guidelines. Other I~ublic Sector Programs and Services City housing and community development aetivities. Meridian works to ensure that residents have adequate and affordable housing by partnering with the Ada County Housing Authority (ACHA) and Neighborhood Housing Services (NHS) to provide down payment and closing costs assistance to low and moderate income homebuyers through the City's Community Development Block Grant program. CON1f~ASS. The Community Planning Association of Southwest Idaho (COMPASS) serves as the metropolitan planning organization (MPO) for the Boise region. Unlike some states, regional planning organizations and jurisdictions in Idaho are not required to establish and monitor regional and local affordable housing development goals. Instead, COMPASS and other regional planning organizations in the state function as traditional MPOs, whose primary objectives include developing a regional transportation plan that adheres with federal regulations, allocating transportation improvement program funding and serving as a conduit of regional demographic, land use, transportation and GIS data and information. BBC RESEARCH St CONSULTING SECTION II, PAGE 9 COMPASS is an active regional planning organization and many of COMPASS'S past and current studies encourage the coordination of transportation and land use planning to promote higher density development and transportation access. f~ublic serviee provision in LMI areas. The city has served the defined LMI area in a variety of ways to ensure that municipal services are equally provided for throughout the community. The city recently used its CDBG funds for improvements to Centennial Park, located directly south of one of the city's identified LMI Census tracts. The improvements included the installation of a state-of-the- art NEOS 360 electronic play system, a picnic shelter, bike racks and game tables. The city has used CDBG funds to design improvements to sewer and water lines within the LMI area, and those improvements were recently constructed and paid for with city general funds. The main branch of the Meridian Library is located directly north of an identified LMI Census tract, and the Meridian Community Center which offers a wide variety of classes and activities, is located directly south of an identified LMI census tract. The city has used CDBG funds for the design of a segment of the Five Mile Creek Pathway within the LMI Area. CDBG funds will also be used to construct this pathway segment in 2012. This pathway segment will provide an important recreational opportunity as well as an alternative transportation corridor. In addition to the location of these municipal services, the city has coordinated a Community Clean- Up Day for the past 7 years. This Clean-Up Day has taken place within the downtown core of the city, at the heart of the identified LMI Area. The city's contracted waste collection company, SSC, is one of the primary partners for this important community event, and all the metal recycling money collected during the day is given to a local charity. Environmental justiee. Title VI of the Civil Rights Act of 1964 requires consideration of the environmental and human health condition in minority and low income communities. Consideration of these areas must include an identification of geographic concentrations of minority and low income areas and analysis of benefits or burdens resulting from activities (e.g., transportation planning) that take place in these communities. The figure on the following page identifies COMPASS' "areas of environmental justice consideration" in Meridian and the Boise region. Meridian has one Census tract identified as an area of environmental justice (EJ) consideration. Currently, COMPASS reviews areas of EJ consideration for new projects. COMPASS tries to determine the impacts new projects (e.g., roadway, transit stop) will have on EJ areas, but projects are not funded simply because they fall within an EJ consideration area. ~ Currently, the Denver Regional Council of Governments (DRCOG) awards points during the scoring process for transportation projects located in EJ consideration areas. BBC RESEARCH & CONSULTING SECTION 11, PAGE 10 N O N N 0! iJ 0 v a c R z 0 ~~ v N i Q G O L V w a V d C ~; W Q ~ r.. ~~ iiv U k ~ ~ ,~1 ._.JI ~ ad i ~~ v _ y A Z `j r ~,, 1 j ~ ~ I ~ ~ ~' ' ~ ~y ~ r'~ ~ i ~ - I o, ~-z ` _i~.~_ ~. 1 ~' S i ~ ~ ~ ~ +' d ,_ ~- - ~.. ~/ ~ `, ~ 'lit, , Iii' ,- ;~ ,, _ _ ~.. ~ _ ~'- i.: - ~ f r :. ~- _ ~ r i i J ~~.~ .~ . r ~, c~= ~ ~ ~ _ __ _ r _~, ~ ~ {, , ~ ~ ~ ~., _~__ ~ ~ o ~ ~ ~ ',~ ~~ ~ ~ > > i ~ : r' ~ ~ ~ ' ~--~-'=, J c ~ ~ ~ _ a , ~_ _ ~. { c -,•o ~ r j 1~ , ~ `, ~. . ~ ~~ o ~ ~ 1T ~, _ Jam- - .>GG ~ _ i ~ ,. _ , i I ~~ `, : .~ a ~ fi- , j,~- ~~ ~'~ r' ~ ~ ~~ i ~~ ~I ~ ~ ~{ r- i f ~__ t -- ;' I / u '~ ~- G y . ! i ~ ~ ~ II i~' t9 ~ +n a j ~ _ i1 --~ -- \: .i~ 1 ~ f ~ G __ ~ y d /, T 5 ~ ~ L __! _.. _._ % ~ ~ nO I' ~ ;~~ ~ T7-- ~~~~; ~yy; ,~ '6, ___~ os ~9 4 i N N N~ i `T s ~5 o cN s~ C p E $ V `~~(. ~ f I. ;: z vi c O U 0 W v a Z O U u z J z O u 2 V W N U m CO e 1 1 1 This section of the City of Meridian AI is divided into two sections. The first section reviews fair housing complaint data and legal cases related to fair housing violations to highlight the prevalence of and trends in fair housing violations. The second part of this section contains an analysis of mortgage loan and community reinvestment data to detect fair lending concerns. Fair Housing Complaints The Federal Fair Housing Act, passed in 1968 and amended in 1988, prohibits discrimination in housing on the basis of race, color, national origin, religion, gender, familial status and disability. The Fair Housing Act covers most types of housing including rental housing, home sales, mortgage and home improvement lending, and land use and zoning. Excluded from the Act are owner-occupied buildings with no more than four units, single family housing sold or rented without the use of a real estate agent or broker, housing operated by organizations and private clubs that limit occupancy to members, and housing for older persons.' HUD has the primary authority for enforcing the Fair Housing Act. The State of Idaho's fair housing act prohibits discrimination on the basis of race, color, sex, religion, national origin and disability. It does not recognize familial status as a protected class. The law is also different from the Federal Fair Housing Act in that it covers providers with two or more units or properties. The state's fair housing law is enforced through the Idaho Human Rights Commission. The City of Meridian does not have a fair housing ordinance. Contaets for complaints. Meridian residents who feel that they might have experienced a violation of the Fair Housing Act can contact one or more of the following organizations: ® HUD's Office of Fair Housing and Opportunity (FHEO); The Idaho Housing and Finance Association (IHFA); ® The Intermountain Fair Housing Council (IFHC); ® Idaho Legal Aid; and The Idaho Human Rights Commission. Legal Aid and the Idaho Human Rights Commission refer residents who call about fair housing complaints directly to HUD. Similarly, IHFA does not enforce fair housing law and refers complaints or questions to the appropriate service provider. The city was a sponsor of the City of Boise's fair housing public awareness campaign in Apri12011. The campaign was called Good Neighbors + Fair Housing =Strong Communities and was intended to increase community awareness and understanding of fair housing rights and responsibilities. Fair This is a very general description of the Fair Housing Act and the actions and properties covered by the Act For more detailed information on the Fair Housing Act, please see the fill text, which can be found on the U.S. Department of Justice's website, www.usdoj.gov/crt/housing/tide8.htm. BBC RESEARCH Si CONSULTING SECTION III, PAGE 1 housing messages were spread to Treasure Valley residents through radio and television public service announcements, billboards, bus panels, bus benches and community presentations. The initiative was supported through the financial contributions of 15 partners, including Idaho Housing and Finance Association (IHFA), the Idaho Department of Health and Welfare, local banks, Valley Regional Transit and local broadcasting companies. HUD complaint investigation process. Housing discrimination complaints filed with HUD may be done online at (http://www.hud.gov/complaints/housediscrim.cfm), toll free at 1-800-669-9777, or by contacting the Office of Fair Housing and Egttal Opportunity in Washington D. C. or Idaho's Fair Housing Hub located in Seattle, Washington. When HUD receives a complaint, HUD will notify the person who filed the complaint and will normally notify the alleged violator and allow that person to submit a response. The complaint will be investigated to determine whether there has been a violation of the Fair Housing Act. A complaint may be resolved in a number of ways. First, HUD will try to reach an agreement between the two parties involved. A conciliation agreement must protect the filer of the complaint and public interest. If an agreement is signed, HUD will take no further action unless the agreement has been breached. HUD will then recommend that the Attorney General file suit. If HUD has determined that a state or local agency has the same housing powers ("substantial equivalency") as HUD, they will refer the complaint to that agency and will notify the complainant of the referral. The agency must begin work on the complaint within 30 days or HUD may take it back. If, during the investigation, review, and legal process, HUD finds that discrimination has occurred, the case will be heard in an administrative hearing within 120 days, unless either parry prefers the case to be heard in Federal district court. The State of Idaho and Meridian do not currently have substantial equivalency nor are they seelcing such. HUD complaint trends. BBC obtained data from HUD's Seattle Regional Office of Fair Housing and Equal Opportunity (FHEO) on the number of housing discrimination complaints filed in Meridian from 2005 through 2011. Figure III-1 presents complaints by year. During the six year period, 18 complaints were filed in Meridian. The largest number of annual complaints was five in 2011. Figure 111-1. Number of Fair Housing Complaints Filed with HUD, City of Meridian, 2005 to 2010 Source: HUD. 2005 2006 2007 zoos 2009 2010 2011 - - 13 ) ~ 3 __ ~, ~~ ~~ 1 4 __ __ __-- - i (S I 0 1 2 3 4 5 6 Number of Complaints BBC RESEARCH EI CONSULTING SECTION III, PAGE 2 Most complaints filed in Meridian were on the basis of disability status (61%). The remaining complaints were filed on the basis of race (17%), family status (11%) and national origin (6%).2 Two-thirds of all complaints filed in Meridian were filed by Meridian residents. Six of the 18 complaints filed in Meridian between 2005 and 2011 were filed by individuals from other communities looking for housing in Meridian, including Boise. The most common violation cited in complaints was failure to make reasonable accommodations (25%).3 An additional 18 percent of complaints were filed because of discrimination in the terms, conditions and privileges relating to a rental property. Figure 111-2. Discrimination in terms/ Issues Cited in Complaints Failure to make reasonahle mnditio ns(p riv lieges l ti t t l 17 9% , City of Meridian, 20A5 to 2070 accommodation (25.0%) re a ng o ren a ( . ) Discrimination in the ' ~'~ selling of residential " £ ~,\S/ real property (3.69fi) - ~ ~ Source: ._"' - Discriminator refusal HUD. Discriminatory terms, ', ..~ to rent (3.69n) ~ conditions, privileges _' Discriminatory acts under or services and - Section 818 (10.7%) facilities (14.3%) Discriminatory refusal Discriminatory advertising, to sell (3.690) I statementr and notices (7.1 %) Di scriminatory refusal Discriminatory refusal to rent (3.69fi) to rent and negotiate for rental (10.7%) Of the 18 cases filed in Meridian, 11 cases were closed. Seven cases are still open. These cases were all filed in 2010 and 2011. The largest proportion of cases (64%) closed following a successful conciliation or settlement. The remaining cases (36%) closed after HUD found "no reasonable cause to believe that housing discrimination occurred." 4 IFHC complaint process. The Intermountain Fair Housing Council (IHFC) "is a nonprofit organization that promotes fair housing practice for• housing consumers and housing providers throughout Idaho.s5 The IHFC is involved in fair housing education, compliance monitoring, enforcement activities (e.g., complaint investigation, testing, complaint filing) and mediation. When IFHC receives a complaint, they collect all information from the complainant that supports the complaint (e.g. doctor note) and determine whether the complaint meets four important factors to determine whether a complaint is valid: The complaint occurred within the last year; The action seemed to occur because the person fell within a protected class; ® The individual that committed the potential violation is subject to Fair Housing Act; and ® The complaint appears to be a prohibitive activity. a One case was filed by a relief agency. No basis for discrimination was provided. s Complainants are allowed to cite more than one reason for discrimination when filing a complaint. For example, a complainant may cite discriminatory terms, conditions, privileges of services and facilities, as well as discrimination in terms/conditions/privileges relating to rental. 4 For a definition of no cause determination, please visit: http:Ilportal.Elud,gov/hudportai(HUD~sr-c-lproera€n offtees~ •e _~,, i ~ ~ i - roeess s Fm• more information on the Intermountain Fair Housing Council, please visit: Ir r ~ `_ltho.or rl tbout.htmi. BBC RESEARCH ~ CONSULTING SECTION III, PAGE 3 If the complaint requires additional facts to prove its validity, IFHC will conduct extra research and investigation (e.g., testing, check property tax records with the Assessor's office, gather additional documentation). Once sufficient information has been gathered, IFHC will advise the client on next steps. Next steps could include calling HUD directly to file a complaint by phone or IFHC staff can help individuals fill out complaint forms to ensure the complaint has strong documentation. IHFC faxes the complaint directly to HUD and also sends the complaint via registered mail. If IFHC has invested sufficient administrative resources into the complaint filing, they co-file a complaint. IFHC believes co-filing demonstrates to FHEO that there is strong merit to the case. Legal Cases As part of the fair housing analysis, legal cases occurring in the past ten years were reviewed to determine significant fair housing issues and trends in Meridian and the Boise region. None of these lawsuits occurred in Meridian; however, it is important to include them in the analysis to understand the types of cases that could occur in Meridian. Cases were found on websites maintained by the Department of Justice, the National Fair Housing Advocate and HUD. In many cases, text was borrowed directly from the legal briefs. An analysis of statewide complaints completed by BBC in summer 2011 found that the vast majority of fair housing legal cases in the State of Idaho occurred in Ada County and were related to developers, builders, engineers and/or architects failing to comply with the accessibility requirements of the federal Fair Housing Act and the Americans with Disabilities Act (ADA). i)isability. United States v. Canal Street Apartments, et al. In 1998, the IFHC filed a complaint with HUD alleging that the Canal Street Apartments located in Boise, Idaho frustrated the IFHC's mission of eliminating discrimination by failing to construct and design the complex so that the public use and common use portions are readily accessible to and usable by individuals with disabilities and ground floor units contain features of adaptive design.G Upon finding reasonable cause for discrimination based on disability, HUD referred the case to the DOJ. In September 2002, the court filed a consent decree requiring the defendants to retrofit the ground floor units and public and common areas to make them accessible to persons with disabilities; submit to periodic inspections and record-keeping; and pay $3,300 in monetary damages to IFHC, $5,000 to the Accessibility Improvement Program (AIP) of the Idaho Housing and Finance Association to promote handicap accessible housing construction and fair housing in the City of Boise and Ada County area, and a $6,500 civil penalty. The five-year consent order also requires the defendants notify HUD if they again design or construct multifamily dwellings and provide a written statement from any architect involved with the project that the plans include design specifications that comply with the requirements of FHA Accessibility Guidelines. In this case, adaptive design included: (i) doors sufficiently wide to allow passage into and within the unit by persons in wheelchairs; specifically including: doors to the bedrooms; doors to the bathrooms; doors to the walk-in closets; doors to the patio; (ii) threshold at the exterior primary entrance low enough to allow entry by persons in wheelchairs; (iii) bathroom floor space sufficiently clear for an individual in a wheelchair to enter and close the door; (iv) providing reinforcement in the walls at the tub and water closet to permit the later installation of grab bars. BBC RESEARCH ST CONSULTING SECTION III, PAGE 4 United States v. Pacific Northwest Electric, Inc., et al. In January, 2001 the United States filed a complaint alleging that the defendants developers Walter T. Sigmont and Wirt Edmonds, Pacific Northwest Electric, Inc., Edmonds Construction Co., Inc., and architects Teal Whitworth Architects, P.A. and Capstone, Inc. located in Boise, Idaho discriminated on the basis of disability by failing to design and construct five Boise apartment complexes in accordance with the FHA's accessibility requirements for new multifamily housing. The five Boise complexes that were the subject of the suit are Grayling Place, Jade Village, Imperial Court, Eagleson Park and Harborview Station (formerly known as Lawton Apartments). Specifically, the defendants failed to design the apartment complexes so that the public and common areas are readily accessible to and usable by individuals with disabilities; all doors within the 72 ground floor units are sufficiently wide to allow passage by persons with disabilities who use wheelchairs; and the 72 ground floor units contain the features of adaptive design.' In October, 2003, the court entered a consent decree, which required the defendants to retrofit the complexes by, among other things: removing steps; reconfiguring kitchens and bathrooms to provide added maneuvering space; widening doorways; leveling sidewalks; and adding accessible parking and curb ramps at an estimated cost of approximately $300,000. In addition, the defendants were required to pay damages in the amount of $29,000 to persons harmed by the lack of accessible features at the complexes, pay $5,000 in damages to the IFHC, and ensure that any new construction complies with the FHA. The consent decree remained in effect for two years. United States v. Thomas Development Co., et al. In February, 2002 the United States filed a complaint alleging that Thompson Development Co, and affiliated companies (defendants) engaged in a pattern or practice of discrimination on the basis of disability by failing to design and construct the ground floor units and public /common use areas in compliance with the accessibility requirements of the FHA. The defendants were alleged to commit these violations at 17 apartment complexes located throughout Southern Idaho in the cities of Boise, Meridian, Nampa, Shelly, Rexburg, Caldwell, Rigby, Lewiston and Jerome. The complaint also alleged that some of the defendants retaliated against a tenant family at one of the complexes by attempting to evict the family after one of the family members requested a reasonable accommodation for their disability. In March, 2005, the court entered a consent order, which included injunctive relief and monetary payments totaling $125,000. The consent order remained in effect for three years. Garcia v. Brockway. In May 2003, Noll Garcia (plaintiffl filed a complaint against the original owner/developer and designer of his apartment building in Boise, Idaho. The complaint alleged a failure to accommodate disabilities as mandated by the FHA. Mr. Garcia is disabled and uses a wheelchair for mobility and filed a complaint because the apartment complex he was lacked curb cuts from the parking lot to the sidewalk, didn't have a ramp to the front entrance door, and the doorways were too narrow to allow clear passage of his wheelchair. Mr. Garcia requested that management make appropriate accessibility improvements, which were ignored, as was his request that management build a ramp to his door or that he be relocated to a more accessible unit. In addition, Mr. Garcia sued the original builder and architect (Brockway and Robert Stewart, respectively), and the current owners and management (the Zavoshy defendants). ~ See footnote 2 for qualifications of "adaptive design." BBC RESEARCH LI CONSULTING SECTION III, PAGE 5 The defendants (Brockway and Stewart) argued that because they no longer owned the building (which they sold in 1994), their liability was time-barred by the statute of limitations in the FHA. Thus, the plaintiff s complaint would have had to been filed within two years following construction of the apartment building in 1993. The plaintiff countered, arguing that the failure to remodel the apartments constituted a continuing violation and that the statute of limitations take effect upon discovery of the alleged violations. Mr. Garcia also claimed that failure to make modifications constituted new violations. The court ruled that the continuing accessibility issues were an effect of a prior discriminatory act but not a continuing violation. The argument that the two-year statute of limitations should begin at discovery of a violation was deemed unworkable, as a developer would be liable for these violations indefinitely in spite of his or her ownership of the complex. Finally, the original developer was not found to be liable for refusal to make modifications while current management company was at fault. The defendant still had a remedy under the FHA with building owners, but his motion against the developers was dismissed. Claims against the current owners and management were settled out of court. United States v. 5-16 Limited Partnership, et al. In April, 2003, the United States filed a complaint alleging that the owners and developers of the 254-unit Village at Columbia apartment complex in Boise, Idaho and the architects and engineering firm involved in its design failed to design and construct the complex in compliance with the accessibility requirements of the FHA. Specifically, the defendants failed to design the apartment complexes so that the public and common areas are readily accessible to and usable by individuals with disabilities; all doors within the 76 ground floor units are sufficiently wide to allow passage by persons with disabilities who use wheelchairs; and the 76 ground floor units contain the features of adaptive design.8 In March, 2005, the court entered the consent order requiring the defendants to retrofit the common use areas of the complex and 76 ground-floor apartments. The order also required defendants to pay $2,000 in damages to the IFHC, the original HUD complainant in the case, and to establish a fund of $40,000 to compensate victims of defendants' discriminatory practices. In addition, the order included a general injunction against future discrimination; arequirement that defendants inform HUD of future development and design work in which they become involved and obtain statements that design plans comply with the FHA; a mandate that defendants require all supervisory employees and agents to participate in fair housing training and certify that they have read the order; post signs describing their policy of nondiscrimination in housing; and meet reporting and record-keeping obligations. The consent order remained in effect for three years. Familial status. United States v. Blue Meadows Apartments, et al. In July, 1995 Blue Meadows Limited Partnership, the owner of Blue Meadows Apartments in Boise, Idaho (defendant) stated, adopted, and enforced a policy that imposed a limitation on the use of facilities by persons under the age of 18 years. Specifically, those rules required all occupants under the age of 18 years to be supervised whenever they were outside of their apartments; the rules also prohibited all people rrnder the age of 18 years from using or occupying any of the common areas after 10 p.m., irrespective of adult or parental supervision. Defendants incorporated these rules into an addendum to the lease that tenants s See footnote 2 for qualifications of "adaptive design." BBC RESEARCH Si CONSULTING SECTION III, PAGE 6 were required to sign. Several residents of Blue Meadows that had children under the age of 18 filed complaints with HUD in 1999 and 2000. Upon finding reason for discrimination based on family status HUD referred the case to the DOJ for resolution. In September, 2002, the court entered a consent decree where the defendants agreed to delete the current restriction on persons under 17 from using the pool unless accompanied by a parent; limit any future age restrictions governing unaccompanied children using the pool to those under age 13; and refrain from instituting any other rules that restrict the use of common areas at by persons under 18, except those that apply to all persons, regardless of age. Defendants were also requited to pay one of the plaintiffs $1,200 in damages. Religion. Intermountain Fair Housing Council v. Boise Rescue Mission Ministries. The Rescue Mission is an Idaho nonprofit funded through charitable donations from businesses, churches and the general public. The Rescue Mission operates two facilities in Boise. There were recently two cases filed against the Rescue Mission on the basis of religion. Case #1: Plaintiff Richard Chinn was periodically homeless during the years 2005 and 2006 and a guest of the homeless shelter located at the River of Life Facility. During his stays at the shelter, he had no other place to stay and intended to remain in the shelter in excess of several months. Chinn asserts that he was told by shelter staff that he would be requited to participate in Christian religious activities such as chapel services in order to reside and eat meals at the shelter. He observed that guests of the shelter who did not attend chapel services were either required to wait in the dining room or were not permitted to enter the shelter until chapel services were completed. Chinn found the practices of the shelter to be coercive, unpleasant, embarrassing, and offensive to his religion. He did, however, participate in the religious services out of fear that if he did not participate, he would be denied housing and other services. Case #2: In addition to the homeless shelter, the Rescue Mission also provides a New Life Discipleship/Recovery Program, which is an intensive, one-year Christian-based residential recovery program for individuals with drug or alcohol dependency. In October 2005, Plaintiff Cowles was in jail on drug-related criminal convictions. Cowles contacted the Rescue Mission and requested that she be admitted into the Discipleship Program, stating that she was "focused on changing my life through God and spiritual growth," and that she is "desperately looking to fill this void in my life with spirituality and not drags." Following admittance to the program, Cowles was required to participate in religious activities Cowles was upset at being forced to adopt the Christian religion. When Cowles requested that she be allowed to change to a non- religious program, she was put on "30-day restriction" during which all her telephone calls with her attorney were monitored by Program staff and she was not allowed to participate in other limited activities that she previously had been allowed. Eventually, Discipleship Program staff wrote a letter to the judge presiding over Cowles' criminal case and informed the judge that Cowles "struggled with the Christian based program that was offered." Staff recommended to the judge that Cowles be given an opportunity to complete anon-faith-based program to allow her to "better focus on her recovery without the confliction of her beliefs." BBC RESEARCH & CONSULTING SECTION III, ('AGE 7 Both cases were resolved recently in appellate court. The court found that since the Boise Rescue Mission is not a "dwelling," it is not subject to the requirements of the Fair Housing Act. The court also concluded that the religious practice requirements are protected by the Free Exercise Clause of the First Amendment. Fair Lending Analysis This section analyzes fair lending conditions in the City of Meridian using residential mortgage lending data from 2010 (the latest data available at the time this report was prepared). Community Reinvestment Act (CRA) ratings and Home Mortgage Disclosure Act (HMDA) data are commonly used in AIs to examine fair lending practices within a jurisdiction. As of 2004, HMDA data contain interest rates of high cost loans, which allows an analysis of high cost (subprime) lending patterns. CIYA review. The CRA requires that financial institutions progressively seek to enhance community development within the area they serve. On a regular basis, financial institutions submit information about mortgage loan applications as well as materials documenting their community development activity. The records are reviewed to determine if the institution satisfied CRA requirements. The assessment includes a review of records as related to the following: ^ Commitment to evaluating and servicing community credit needs; ^ Offering and marketing various credit programs; ^ Record of opening and closing of offices; ^ Discrimination and other illegal credit practices; and ^ Community development initiatives. The data are evaluated and a rating for each institution is determined. Ratings for institutions range from substantial noncompliance in meeting credit needs to an outstanding record of meeting community needs. There are 24 banks with headquarters in Idaho; however, none of those banks are located in Meridian. The Farmers and Merchants State Bank was located in Meridian, but moved its headquarters to Boise. Its last CRA rating while headquartered in Meridian was in 2002, and the bank received a "Satisfactory" rating. IiIVIDA data analysis. HMDA data are widely used to detect evidence of discrimination in mortgage lending. In fact, concern about discriminatory lending practices in the 1970s led to the requirement for financial institutions to collect and report HMDA data. The variables contained in the HMDA dataset have expanded over time, allowing for more comprehensive analyses and better results. However, despite expansions in the data reported, HMDA analyses remain limited because of the information that is not reported. ~ 2011 State of Idaho AI completed by BBC Research & Consulting. BBC RESEARCH ST CONSULTING SECTION III, PAGE 8 As such, studies of lending disparities that use HMDA data carry a similar caveat: HMDA data can be used to determine disparities in loan originations and interest rates among borrowers of different races, ethnicities, genders, and location of the property they hope to own. The data can also be used to explain many of the reasons for any lending disparities (e.g., poor credit history). Yet HMDA data do not contain all of the factors that are evaluated by lending institutions when they decide to make a loan to a borrower. Basically, the data provide a lot of information about the lending decision-but not all of the information. Since 2004, HMDA data include the interest rates on higher-priced mortgage loans. This allows examinations of disparities in high-cost, including subprime, loans among different racial and ethnic groups. It is important to remember that subprime loans are not always predatory or suggest fair lending issues, and that the numerous factors that can make a loan "predatory" are not adequately represented in available data. Therefore, actual predatory practices cannot be identified through HMDA data analysis. However, the data analysis can be used to identify where additional scrutiny is warranted, and how public education and outreach efforts should be targeted. HMDA data report several types of loans. These include loans used to purchase homes, loans to make home improvements and refinancing of existing mortgage loans, as defined below. Home purchase loan. A home purchase loan is any loan secured by and made for the purpose of purchasing a housing unit. ® Home improvement loan. A home improvement loan is used, at least in part, for repairing, rehabilitating, remodeling, or improving a housing unit or the real property on which the unit is located. ® Refinancing. Refinancing is any dwelling-secured loan that replaces and satisfies another dwelling-secured loan to the same borrower. The purpose for which a loan is refinanced is not relevant for HMDA purposes. The HMDA data are separated into two primary loan categories: conventional loans and government- guaranteed loans. Government-guaranteed loans are those insured by the Federal Housing Administration and the Veterans Administration. This section uses the analysis of 2010 HMDA data to examine: ® The geographic areas in Meridian where high-cost lending and loan denials are concentrated, and the correlation of these areas with concentrations of minority and low income households; and Disparities in high-cost lending and loan denials across different racial and ethnic groups. BBC RESEARCH SI CONSULTING SECTION III, PAGE 9 Methodology notes. There are two important methodological notes to highlight as part of this HMDA analysis: ® Only loan applications for owner-occupied properties are analyzed. ® Loan applications are analyzed at the Census tract level. Aggregating Census tract data to jurisdictional boundaries may result in loan applications outside jurisdictional boundaries being included in community-level analysis. Types of loans. In 2010, there were 6,1961oan applications filed in the City of Meridian.10 Figure III-4 presents the distribution of loan applications by the types of loans applicants applied for in 2010. Most loans in the city were for conventional loans (67%). FlguPe I11-4. FSA-RHS Farm Service (0.0°~6 Types of Loan Applications, vA-guaranteed (6.se,6) '' City of Meridian, 201 O Note; FHA-Insured (26.286) Less than 1 percent of loan applications were for FSA or Rural Housing loans. These loans are not included in this Figure. The percentages in this Figure will not add to 100 percent. Source: Home Mortgage Disclosure Act, 2010. Conventional (67.4°h) Twenty-six percent of loans in 2010 were for Federal Housing Administration (FHA) loans. Meridian residents were slightly more likely to apply for FHA-insured loans in 2010 than Boise (22%) and Ada County residents (23%). Purpose of loan applications. When Meridian residents applied for mortgage loans in 2010, 60 percent of loan applicants applied for a mortgage refinance and 38 percent of applicants applied for a loan to purchase a home. Pligulre 111-5. Home Purchase Purpose of Loan Applications, (3s.3~~) City of Meridian, 2070 Source: ~ '* t\ \~ Home Mortgage Disclosure Act, 2010. I ~,, Refinancing `'1 (59.9°r6) Home improvement (1.s~~) '0 These loans were filed in Census tracts that overlap with city boundaries. BBC RESEARCH ST CONSULTING SECTION III, GAGE 10 The purpose of loan applications by Meridian residents changed between 2009 and 2010. In 2009, 69 percent of all loan applicants sought loans for a mortgage refinance and 29 percent applied for a loan to purchase a home. This change is due to a larger number of Meridian residents applying for refinances in 2009 compared to 2010. This could suggest that the Meridian housing market has stabilized a bit, as homeowners are less urgent to restructure existing home loans. Figure III-6. Purpose of Loan Applications, 7,000 City of Meridian, 2009 and 2010 6,000 Source: 5,000 Home Mortgage Disclosure Act, 2009 and 2010. 4,000 3,000 zoo9 I ! Zolo 29.4% 38.3% 1.9°,'0 1.890 Home Purchase Home Improvement 68.7% 59.940 Refinancing Action taken on loan applications. Sixty-seven percent of loan applications submitted by Meridian residents in 2010 originated, while 14 percent were denied. The city's loan denial rate decreased slightly between 2009 and 2.010; subsequently, its loan origination rate increased. Figure 111-7. Action Taken on Loan Loan originates Applications, City of Meridian, 2009 and 2070 Application approves by not accepted Source: Application denied b~ Home Mortgage Disclosure Act, 2009 financial institution and 2010. Application withdrawn by applicant File closed for incompleteness Meridian's 2010 denial rate was slightly lower than denial rates experienced by Boise (16%) loan applicants. Ada County residents overall had a 15 percent loan denial rate. BBC RESEARCH & CONSULTING SECTION III, PAGE 11 0% 20°.6 40°.6 60°.6 80°.6 100°i6 Figure III-8 compares loan outcome by loan type. Meridian residents primarily applied for conventional, FHA-insured and VA-guaranteed loan products. Conventional loan products had the highest denial rate at 15 percent, while VA-guaranteed loans had the lowest denial rate at 9 percent. FHA-insured loans had a denial rate of 12 percent. Figure 111-8. Action Taken on Loan Applications by Loan Type, City of Meridian, 2010 100% ~~.. - 2.346 i~...,'n 90% `_. ~ u L~J 80°.fi -: ~~ ~ - , ~o.a9~ 30°~ 6s.zro 20°.U 10°.6 0°,6 Conventional FHA-Insured Source: Home Mortgage Disclosure Act, 2010. f °'_ loo.a;5 7l .395 VA-guaranteed FSA-RHS Farm Service U File closed for incompleteness Application withdrawn by applicant ~ ~ '.Application denied by financial institution Application approved by not accepted Loan originated Figure III-9 compares loan outcome by loan purpose. Home improvement loans have the highest denial rate at 33 percent. In fact, only one in every two home improvement loan applications submitted by a Meridian resident was approved in 2010. Home refinance loans had a denial rate of 18 percent, and only 7 percent of home purchase loans were denied by the lending institution. Figure 111-9. Action Taken on Loan Applications by Loan Purpose, City of Meridian, 2010 ° ,z.~4 6 loo s -- - -- --- - ---- 1.1°,6 T ls' 96 _ 906 ° ~ ~ l J Flle closed for I l __ _:___ I- - _ ! incompleteness 80°,6 i t .y":; f 70°.6 "`' "' ~ _ __ I Application withdrawn J ', by applicant 60°.6 l 50°~6 Application denied by financial institution 40°~6 ~a.,lvo 30°r6 00 3°`~ s o Application approved ~ ^s o. by not accepted 20°.6 10°.fi Loan originated 0°.6 Home Home Refinancing Purchase improvement Source: Home Mortgage Disclosure Act, 2010. BBC RESEARCH ST CONSULTING SECTION III, PAGE 12 Seventy-eight percent of Meridian's home purchase loans were approved in 2010. This is good news for the city's housing market, as it demonstrates that the city has qualified buyers waiting to purchase homes. Meridian had a higher home purchase loan origination rate in 2010 than neighboring Boise (73%) and the county overall (75%). Denial rates by race and ethnicity. When applicants identified their race and ethnicity as part of their mortgage application, they most often identified themselves as racially white (96%) and ethnically non-Hispanic (97%)." Figure III-10 presents loan outcomes by race and ethnicity. Denial rates were highest for applicants who were Black/African American (31%) and Native Hawaiian (19%). The city's Asian loan applicants had the lowest denial rate in the city (10%). As the last part of Figure II-10 shows, the most extreme disparity in lending occurs between African Americans and Whites: White applicants had loan origination rates that were 26 percentage points higher than African American applicants'. Similarly, African American applicants had denial rates that were 18 percentage points higher than White applicants'. It is acknowledged that African Americans comprised less than 1 percent of all loan applicants in the city in 2010. There is very little lending disparity between the city's Hispanic and non-Hispanic residents. Figure 111-10. Action Taken on Loan Applications by Race and Ethnicity, City of Meridian, 201 O i;d.~a i.7ipPrra~hm /`i i~i['«aihtr) r1c~d(ai11r`a% f i.,,aa,Y~ as.~tlr I ~ ~ ;~~c~lihrt~ iei,PtK~`~1I utFlP.rnFS roatlGrtt3~i girl ~.r~r-l;.ii~rLE fre~;it~~iti~, American Indian or Alaska Native 0.496 75.096 8.346 Asian 2.296 66.99'0 9.495 Black or African American 0.595 42.345 3.89'0 Native Hawaiian or Other 0.596 69.296 7.795 White " ia l ~ 96.496 68.696 6.295 , f I i~ i Hispanic or Latino 3.046 67.59'0 2.49'0 Not Hispanic or Latino __ __ _ _ - d ii „Ili I i 97.095 - 68.396 6.595 ..~•t i~n i. i-~ i i. .i1~-3 I l it _ Non-White/White ra ~. n., -3.695 _._._-- 2.196 African American/White -26.396 -2.446 Hispanic(Non-Hispanic -0.996 -4.195 /ylloif~:ti~an' i~if~ vraii~r•J~rt ,z~l~?; ~~hu;tlfr.r 1~.11ro-ii0 ihiunul~itaZ-tiraf- 8.396 8.39'0 0.09'0 10.246 11.896 1.6% 30.895 19.2% 3.89'0 19.2% 3.896 0.096 13.2% 10.09'0 1.945 15.49'a 11.89'0 13.245 10.196 0.646 1.396 17.646 9.246 2.295 1.79'0 3.09'0 1.996 -0.446 2.095 1.14'0 Note: Nine percent of applicants did not identify their race and 9 percent did not identify their ethnicity in their loan application. This analysis only includes applicants that identified their race and ethnicity. Source: Home Mortgage Disclosure Act, 2010. "Nine percent of applicants did not provide their racial or ethnic information. BBC RESEARCH SF CONSULTING SECTION III, PAGE 13 Denial rate by race/ethnicity by census tract. A further examination of loan approvals by race/ethnicity is provided in the maps that follow. Figures III-11 and III-12 overlay Census tracts containing loan denial rates above the city's 14 percent denial rate with the city's racial and ethnic concentration maps. While there are no racial or ethnic concentrations in the city, the city does have LMI Census tract. One of those tract-103.22-has a higher denial rate than the city overall (16%), as does the adjacent tract, 103.21 (17%). However, the denial rates are not significantly different in these tracts than the city's denial rate overall. Figure 111-71. Census Tracts with Higher than City-Wide Average _ ~~;~~__ __ __ Denials by percent Non- ~" White, City of Meridian 2010 i ' ,,,, Note: The denial rate for all loans in the city overall was 14 percent. Source: Home Mortgage Disclosure Act (HMDA), 2010 and 2010 Census. t ;,` ~ ~, -~.r i 5v_ J.__ _ -._ _~ - -__ l _ 9 - ~~ - Legend Higher than Ctty-w(de Average (14%) Less than 5.0% Ij~ ~ 5.0?6 to 18.0 % .'!l I Mare thm 18.0°,b I h-N~r - BBC RESEARCH ~i CONSULTING SECTION III, PAGE 14 Figure III-12. Census Tracts with Higher than City-Wide Average i)enials by Percent Hispanic, City of Meridian, 2010 Note: The denial rate for all loans in the city overall was 14 percent. Source: Home Mortgage Disclosure Act (HMDA), 2010 and ZO10 Census. ~~ - Legend ~. ' Mtgherffian Cip•-OYde Aizrage (14%) less than 3,0:b 5,0%to ILO% 1---~ Abre [ham V.0% 1,, Applications submitted for loans in these two Census tracts comprise less than 10 percent of all loan applications submitted in the city. Loan applications submitted in these two tracts resembled loans for the city overall by purpose; however, loans applicants were more likely to apply for an FHA-insured loan in this portion of the city (35%) compared to the city overall (26%). Loan applicants applying for loans in these two tracts were slightly more likely to be denied loans for both conventional (18%) and FHA-insured loans (14%). Subprime analysis. Less than 1 percent (17 of 4,154) of Meridian's originated loans were considered Subprime in 2010. There was no racial or ethnic disparity in Subprime lending in 2010, indicating that Subprime loans were not targeted to the city's racial or ethnic minorities. For example, nearly all subprime loan recipients that identified their ethnicity were non-Hispanic.12 Additionally, subprime loans in Meridian are geographically dispersed, indicating that low income residents in the city's lowest income Census tracts were not targeted for subprime loans. 1z None of the subprime loan recipients provided racial information. BBC RESEARCH ST CONSULTING SECTION III, PAGE 15 ® 1 1"tl 1 1 This section discusses input from citizens, stakeholders and service providers regarding the development of the city's AI. Public input was gathered in the following ways: A resident survey was distributed online and on paper between November 16`'' and December 15`h of 2011-330 residents participants in the survey; ® An online stakeholder survey was promoted by city staff and BBC in fa1120ll-15 housing, fair housing and social service professionals responded; and A focus group and in-depth interviews with service providers and housing developers were conducted in the fall and winter of 2011-12-11 individuals participated. The city also held a public comment period for the AI. No comments were received. The city's AI was completed in conjunction with its 2012-2016 Consolidated Plan. All public input components of the Consolidated Plan and the AI included questions pertinent to both studies. This insured maximum resident and stakeholder input into both processes. Resident Survey This section presents the results from the resident survey. Distribution strategy. A variety of organizations and mediums were used to publicize and distribute the resident survey. They are summarized in Figure IV-1. Figure III-1. Additionally, Survey Distribution, City of Meridian, 2011 the resident survey was publicized in utility bills mailed to Meridian residents. The resident survey was publicly promoted through the city's website and public schools, as well as distributed through nonprofit organizations. As such, the survey is not meant to be interpreted as a statistically valid survey of all Meridian residents. Rather, the survey reflects the experiences and opinions of residents who were interested in responding to questions about their housing experiences. Ada County Boys and Girls Club Boise City/Ada County Housing Authority Chief Joseph Elementary School City of Meridian City Clerk City of Meridian Planning Department EI Ada Community Action Partnership Friends in Action Idaho Leagai Aid Services Idaho Office for Refugees Intermountain Fair Housing Council Linder Elementary School Meridian Community Center Meridian Elementary School Meridian Food Bank Meridian High School Meridian Library Meridian Middle School Meridian Senior Center Terry Reilly Health Services United Way of Treasure Valley City of Meridian website City of Meridian electronic newsletter City of Meridian Facebook page City of Meridian Twitter page HOA email distribution lists Press release to local newspapers Public school email list Source: BBC Research & Consulting and City of Meridian. BBC RESEARCH ST CONSULTING SECTION IV, PAGE 1 Demographic profile. The resident survey included several demographic and socioeconomic questions. Where possible, comparisons are made between survey respondent demographics and those for the city overall. Geography. Figure IV-2 displays survey respondents' place of residence in Meridian, The largest proportion of survey respondents live in North Meridian, defined as the area of the city north of Fairview Avenue/Cherry Lane. The remaining 44 percent of respondents were equally split between South Meridian (south of the Interstate 84) and Downtown/Central Meridian. Figure IV-2. Residence of Survey Respondents, City of Meridian, 2011 Note: n=329. Source: Meridian Resident Survey, 2011 and BBC Research 23 Consulting. r Meridian (22°~0) - w< ~~ BBC RESEARCH & CONSULTING SECTION IV, PAGE 2 Household profile. Figure IV-3 compares the household size of survey respondents to the size of all households in Meridian. On average, survey respondents have larger households than residents in the city overall. The vast majority of survey respondents have a household size of four (31%). Figure IV-3. Household Size of Survey Respondent Compared with Household Size for Meridian, 2011 10096 4095 _ Household Size of Survey 31.446 31.296 Respondent 3096 2090 21.64b ~ ~, 17.390 13.996 _.... 16.696 15.846. 14.446 9.596 10.695 Household 1090 6.546 ' ' f,39fi Size (Census) i 096 -' r ~-- 1 person 2 person 3 person 4 person 5 person More than 5 person Note: n=292; According to the 2010 ACS, the average household size in Meridian is 2.89. Source: Meridian Resident Survey, 2011 and 2010 U.S. Census. Survey participants were asked to identify the language most commonly spoken in their home. Most respondents speak English (98%) at home.' Race and ethnicity. Figure IV-4 presents the race/ethnicity of survey respondents. Ninety-two percent of survey respondents identified themselves as racially White. Approximately 3 percent of survey respondents identified themselves as Hispanic. Compared to the proportion of Hispanics in the city (7%), a smaller proportion of Hispanics responded to the resident survey. Figure IV-4. Other (1.696) Race/Ethnicity of Native Hawaiian or Survey Respondents, Other Pacific Islander (0.396) I gsian (2.3°~) City of Meridian, 2011 Hispanic/Latino (2.696) ` ~ Black or African American (1.090) Note: ~ n=305. Source: Meridian Resident Survey, 2011. Caucasian/White (92.190) I n=299. BBC RESEARCH bt CONSULTING SECTION IV, PAGE 3 Income. Figure IV-5 compares the household income distribution of survey participants with the distribution of the city overall. The largest proportion of survey participants earn between $50,000 and $75,000 per year (28%), which is close to the proportion those households represent in the city (24%). Overall, the survey has strong participation from the city's highest earning households. It should be noted that many survey respondents chose not to disclose their household's income. Figure IV-5. Household Income of Survey Respondents Compared with the Overall Household Income for Meridian, 2017 i nnar. 12.196 10961 8.246. j 3.9°,6 3.946 ~ 14.746 25.296 Less than $10,000 to $25,000to $10,000 $24,000 $49,999 Note: n=231. Source: Meridian Resident Survey, 2011. Household Income _ of Survey o Respondents 27.7,6 26.40,6 24.596 21.046 '~ 19.096 1',.396 Household Income ' (Census) $SO,000to $75,000to $100,000 $74,999 $99,999 or more Age. Figure IV-6 compares the age of survey respondents with the age of the city's householders. The survey had high participation from residents between 35 and 44 years of age. Sixteen percent of the city's householders are seniors, compared with 9 percent of survey respondents. Exhibit IV-6. Age of Survey Respondent Compared with Age of Householder, City of Meridian, 2011 i nnat. __. -_---37.996 ~v7o 2096 18.30,6 19.20h 1096 __ _ _ Age of Survey Respondent 26.50,4 -._- --_ __ ---- -__--_. - 23.6°h ' 20.3°.6 14.596 ~6s0~4 Age of l0.0~,6 ~ 4 C16 ,~ Householder (Census) 1.746 3.296 '~. ', ',_ ',, ',. 096 - - -'-r- -_ .. Less than 25 25 to 34 35 to 44 45 to 54 55 to 64 65 years years old years old years old years old years old and older Note: n=301. Source: Meridian Resident Survey, 2011 and 2010 U.S. Census. BBC RESEARCH EI CONSULTING SECTION IV, PAGE 4 Disability. Ten percent of survey respondents reported that a member of their household had a mental and/or physical disability. This is a higher rate of disability than that seen citywide (7%).2 Most households with a disabled household member live in housing that meets their accessibility needs, as shown in Figure IV-7. Only one survey respondent provided information on their home's accessibility deficiencies. That individual was a senior in need of home modifications to make their home livable for their wheel chair, walker and oxygen machine (e.g., no bathroom on main floor, wider doorways). Exhlblt IV-7. Does your current homemeet the needs of the disabled Disability and Do you or any members of your currenthouseholdl Housing member of N~ (~ %~> Accessibility of your fami-yhave Survey Respondents, a disability? yes (7o~io) City of Meridian, 2011 Note: n=322 and n=33. ~ Yes (94%) Source: Meridian Resident Survey, 2011. No (90%) Fair housing knowledge. Survey respondents were also asked whether they knew who to contact if they wanted to report an incidence of discrimination. Seventy-seven percent of survey respondents said they did not know who they would contact. Figure IV-8. Yes (22.806 Response to Question: "If you ever felt discriminated against and wanted to report it, do you know who you would contact?" Note: n=312. Source: No (77.2°h) Meridian Resident Survey, 2011. 2 2010 1-year American Community Survey. BBC RESEARCH bT CONSULTING SECTION IV, PAGE 5 Survey respondents were asked what they would do if they or someone they knew felt discriminated against when trying to find a place to rent or buy a home. When respondents were provided with a list of potential fair housing resources, 44 percent of all survey respondents said they would contact the Boise City Ada County Housing Authority. Nearly 30 percent of respondents simply didn't know what they would do if they or someone they knew experienced discrimination when looking for a home. Figure IV-9. Action/Recommendation in Response to Housing Discrimination No[e: n=323. Survey respondents were not limited in the number of choices [hey selected. As such, survey responses do not add to 100 percent. Source: Meridian Resident Survey, 2011. 0°~6 10°.6 20°.6 30°.6 40°~6 50% 100°.6 Three percent of survey respondents responded to the question with "other." Some of the following responses were provided: ® "It depends on the complaint. I need more information." ® "HUD." ® "I think people should be allowed to discriminate. Who am I to say someone else can't choose not to rent me their home for any reason." "Find a different, more tolerant place to live." "Depends on the situation. We have a gay couple in the community that has been targeted since they moved in, which is not OI{." ^ "Call TV cable news." Call/see Boise City Ada County Housing Authority I don't know File a complaint Call/see the Better Business Bureat Call/see Community Legal Service< Call/see(get a lawyer Call/see ACLU Call/see the District Attorney Other Nothing Call/see church/priest/pastor BBC RESEARCH SI CONSULTING SECTION IV, PAGE 6 Experience with housing discrimination. Most survey respondents do not believe they've experienced housing discrimination. Five percent of respondents do think they have experienced discrimination. Figure IV-10. Response to Question: "Have you ever experienced housing discrimination?" Note: n=321. Incidence of discrimination may have occurred outside the City of Meridian. Source: Meridian Resident Survey, 2011. As demonstrated in Figure IV-11, most residents that said they had experienced discrimination or were "not sure" if they had experienced discrimination provided their own reason for the basis of their discrimination, which were mostly related to credit and finances (e.g., self employed, on unemployment, partner's credit history). Figure IV-11. Reasons for Discrimination other Note: Ihavechildren 20.0°h n=20. Incidence of discrimination may have I have bad credit/bankruptcy/debts ~ 20.0°~6 occurred outside the City of Meridian. I'm poor/I couldn't afford it l 15.0°~6 Source: ----- - Meridian Resident Survey, 2011. My race ~ 10.0°~6~', , I'm a student -- ~ 10.0%' My gender 1 10.0°.6'. My partner/girlfriend/boyfriend _ ~ ~ 10.0°.6' and I are not married My sexual orientation 0.0°.5 I have a disability 0.0°,6 ' I am not a U.S. citizen 0.0°.U My religion 0.0°~5 ~! I'm on Section 8/receive 0 0°,6 government assistance for housing 45.0°,6 0°,y 10% 20°ro 30°r6 40°i6 50°.6 100°r6 Most survey respondents that felt they had experienced discrimination or were unsure as to whether they'd experienced discrimination (85%) did nothing about the discrimination. In other words, they did not report it, nor did they file a complaint.3 3 n=20. BBC RESEARCH SI CONSULTING SECTION IV, PAGE 7 Fair housing information and resources. Figure IV-12 presents the resources most residents would use for finding information about fair housing rights. Most survey respondents (77%) would rely on a general Internet search to find information about fair housing. The Boise City Ada County Housing Authority was also identified by survey respondents as an important fair housing resource in the community. Figure IV-71. Reasons for Discrimination Source: Meridian Resident Survey, 2011. Internet search Housing Authority HUD website Real estate offices or realtors City of Meridian website Call alawyer/ACES or Legal Ai< Don't know Call City Councilor Mayor Library TV Other Radio 0% 20% 40°h 60°.6 80°r5 100°h Summary of housing and community development needs. As part of the Consolidated Plan and AI survey, residents were asked to identify the most important needs in the community. Figure IV-12 summarizes the average response ranking for all activities across all seven housing and community development categories. On average, survey respondents considered fair housing services a low to moderate need (3.9 out of 9.0) in Meridian. BBC RESEARCH b>: CONSULTING SECTION IV, PAGE 8 Figure Iii-21. Summary of Housing and Community Development Needs, City of Meridian, 2011 .:Senior Centers 4.4 `Youth Centers 5,8 « Child Care Centers ~ 4.z ~ m Park and Recreational Facilitles 5.5 E = Health Care Facilities 4.6 u !a LL - Community Centers 5,4 V `.Fire Stations and Equipment 4.9 -Libraries 4.9 i ~ Drainage Improvement - - - - j 4.0 ~ Wa[edSewer Improvement ~ - ', •1.1 ` ~~~ Street/Alle Im rovement Y P 4 4 ~ i « Street lighting IS.1 ~' F ~ Sidewalk Improvements X5.3 I ~ ~ ADAlmprovements X4.1 ' i i -. CentersJServices for Disabled 4.4 .a Accessibility Improvements 4.0 ~ y Domestic Volence Services 4 8 ' I Z Substance Abuse Services 4.7 _ A Homeless Shelters/Services 4.7 _ ~d HIV/AIDS Centers and Services 3.3 ` H Neglected/Abused Children Center and Services ~ 5.5 I FamllySelf-SufficlencyServlces ti.0 Senior Activities 4.G ~ N Youth Activities _ "`"`r 6.1 ~ _ Child Care Services '. 4.3 ~ Z Public Transportation Services `.5.9 e H Anti-Crime Programs _ '. 5.L u Health Services ' 4.s Mental Health Services ', 4.5 ~ j Legal Services 4.0 i j 'a Tree Planting .4.1 - Trash and Debris Removal l 4.6 ~ o` = Graffiti Removal 3.4 ~ ~ Code Enforcement. 4.7 ~ H Parking Facilitles 3.J Z Cleanup of Abandoned Lots and Buildings 5.1 Start-Up Business Assistance 5.3 _ Small Bustness Loans s.a m Job Creation/Retention "' G.6 5 Employment Training _ 5.6 m Fa4ade Improvements 4.1 I Business Mentoring _ 4.7 Commercial/Industrial Rehabilitation 4.7 Accessibility/ADA Improvements. .3.A Owner-Occupied Housing Rehabilitation - '4.1 ~ 'Rental Housing Rehabilitation 4.0 Homeownership Assistance 4,8 m Affordable Rental Housing _ e ' 4.6 ~ '~ Houstng for Disabled 4.7 o Senior Houstng 4.5 ~ T Housing for Large Families _ Fair Housing Services i - - - . 3.9 Lead-Based Pain[Testing/Abatement ' 3.4 Energy Efficient Improvements _ ' 5.?_ Housing for Foster Youth ' SA 0. 0 1.0 2.0 3.0 4.0 5.0 6.0 7. 0 8. 0 9.0 Source: Meridian Resident Survey, 2011. BBC RESEARCH ST CONSULTING SECTION IV, PAGE 9 Stakeholder Survey and Focus Group Fifteen stakeholders participated in the online stakeholder survey, and an additional 11 stakeholders participated in a stakeholder focus group or key person interview.4 Organizations participating in the public input process represent individuals from a number of protected classes including seniors, immigrants, low income residents, persons with disabilities, persons and families who are homeless, persons with HIV/AIDS, persons with substance abuse/addition, victims of domestic violence, youth refugees, and veterans. Stakeholder survey and focus group results are summarized below. Fair housing discrimination in Meridian. As part of the stakeholder survey, stakeholders were asked to identify the types of discrimination their clients are most likely to experience. Stakeholder responses primarily fall under the following categories: Problems obtaining housing because of strict credit requirement, unreasonable deposits, and a lack of rental history; Denial of service animal requests; ® Refusal to rent or steering to other properties away from desired property; Discrimination targeting non-English speakers. Discrimination includes lack of interpretation of important documents, retention of security deposit; and Denial of reasonable accommodation requests or requiring too much information for reasonable accommodation requests. Stakeholders were asked to identify the most common reason for housing discrimination in Meridian (e.g., race, familial status, disability). Stakeholders believe residents are most likely to be discriminated against because of disability status.5 Stakeholders also believe residents may experience discrimination in Meridian because of familial status (presence of children) and national origin.G As demonstrated in their survey responses, stakeholders feel that the most common activity taking place in Meridian is "housing providers placing certain tenants in the least desirable units in a development,"' followed by "housing providers refusing to make reasonable accommodations for tenants with disabilities."8 4 Stakeholders were allowed to participate in the online survey and participate in the focus group or key person interviews. As such, there maybe some overlap. s Five stakeholders identified this is a common discriminatory activity. G Four stakeholders identified this is a common discriminatory activity. ~ Five stakeholders identified this is a common discriminatory activity. $ Four stalceholdets identified this is a common discriminatory activity. BBC RESEARCH ST CONSULTING SECTION IV, PAGE 10 Fair housing barriers in Meridian. As part of the stakeholder survey, participants were asked to evaluate possible fair housing barriers as "not a barrier," a "minor barrier," a "modest barrier," or a "serious barrier" to fair housing in Meridian. "Restrictive covenants by homeowner associations or neighborhood organizations" received the most designations as a serious barrier to fair housing in Meridian. To further evaluate fair housing barriers in Meridian, focus group participants were asked to identify what they think are the greatest fair housing barriers in Meridian. Focus group participants identified the following fair housing barriers in Meridian; ® Economic constraints. Census tracts that comprise downtown Meridian are HUD-designated LMI areas. Stakeholders feel it would be difficult for low and moderate income residents currently residing in the city's LMI area to move to other portions of Meridian. ® Lack of affordable housing. Stakeholders said a lack of affordable housing is a barrier to fair housing in Meridian. There are few subsidized units in Meridian and the BCACHA has no public housing units in Meridian. Additionally, the city's limited affordable housing stock is primarily located in central Meridian. ® Lack of public transportation. Stakeholders recognize that a lack of public transportation is a barrier to fair housing choice in Meridian. A lack of public transportation may prevent residents from moving into Meridian and it may dictate where some residents reside in Meridian. Stakeholders suggested it was not uncommon for low income residents to move to Boise for greater public transit access. ® NIMBYism. Stakeholders suggested that certain types of residential projects, such as multifamily development, have been met by resident opposition in the past. As such, NIMBYism could impact future affordable and multifamily housing projects that could diversify neighborhoods and provide low income residents with opportunities to into traditionally higher income neighborhoods. Affordable housing development in Meridian. Three regional affordable housing developers were interviewed to determine why affordable housing has not occurred in Meridian and to identify opportunities for the city to help encourage affordable housing development in Meridian. Their input on the city's affordable housing market is summarized in this section. i)evelopment barriers. Affordable housing development, particularly for projects relying on Low Income Housing Tax Credits (LIHTC), has slowed down in all portions of the country. As such, there have been few affordable housing projects completed in the Boise region in recent years. ~ Five stakeholders responded to this question. Three out of five stakeholders identified this as a serious batrier. BBC RESEARCH ~ CONSULTING SECTION IV, PAGE 11 Developers are not optimistic about the return of the LIHTC market because of federal budget cuts and the 5 percent local project investment required by IHFA for LIHTC projects. As such, local affordable housing developers are increasing the affordable housing stock in other ways. One developer has partnered with local private lenders to fund single family acquisition and rehabilitation projects in Meridian. Developers suggested that Meridian has a limited supply of affordable and available land for affordable housing development. More specifically, one developer said "land is currently not available where affordable development would make the most sense." Developers suggested that city-owned land in downtown Meridian should be used for affordable housing development. Affordable housing strategy. Developers suggested that the city first focus on preserving existing affordable units in the city by working with current property owners to ensure that existing affordable housing contracts do not expire. Secondly, the city should adopt a variety of tools to help reduce affordable housing development costs. These tools should be implemented soon to encourage affordable housing development when the market returns. Developers suggested the city should consider adopting the following tools and policies to help encourage affordable housing in Meridian: ® Land donations, particularly in downtown Meridian where some density currently exists; ® Property tax abatements on affordable projects; ® Relax building code and design guidelines for affordable projects (rehabilitation and new construction); ® Expedited review and permitting process for affordable housing projects to alleviate additional carrying costs; and ® Development fee waivers (e.g., building permits, infrastructure costs, utility hook ups). BBC RESEARCH & CONSULTING SECTION IV, PAGE 12 e e This final section of the Meridian AI identifies impediments found during the research process; and concludes with a recommended Fair Housing Action Plan for the City of Meridian. Summary of Pleeds The following summarizes the major findings from Sections I through IV of this report. Demographie and racial and ethnie coneentrations analysis. The last 10 years in Meridian have been defined by rapid population growth. The city grew from approximately 35,000 residents to 75,000 residents between 2000 and 2010. Meridian currently accounts for 19 percent of Ada County's total population; however, the city accounted 44 percent of Ada County's growth in the last 10 years. The city's residents are primarily racially White (92%) and ethnically non-Hispanic (93%). Hispanics are the fastest growing minority group in Meridian. In 2000, there were approximately 1,100 Hispanics living in Meridian, compared with more than 5,000 in 2010. There are no areas of racial or ethnic concentration in the city. The city's original downtown area, which is a HUD LMI area, contains concentrations (based on HUD's definition of disproportionate need) of low income households. This portion of the city also contains a larger proportion of persons with disabilities. Housing market analysis. Since 2000, the proportion of renter households in Meridian has grown froml6 percent to 23 percent. In other words, more households rent their home now than in 2000. The median rental rate in Meridian is $965, which is higher than the median rent in Ada County ($751) and neighboring Boise ($718). The rental market has primarily been constructed for households earning between $25,000 and $50,000 per year. As such, there is a gap of approximately 1,000 rental units for the 1,700 renter households in Meridian earning less than $25,000 per year. There are no public housing units and 50 subsidized units in Meridian. An estimated 185 Section 8 vouchers administered by the Boise City Ada County Housing Authority are used in Meridian, and 550 Meridian households are currently on the Section 8 waitlist. The BCACHA recently closed the Section 8 waitlist, indicating that households needing housing assistance in the near future will not be able to apply for the Section 8 program. Like most communities in the U.S., Meridian has been impacted by foreclosures. According to RealtyTract data, Meridian may have had as many as 55 foreclosure filings just in November 2011. While no portion of Meridian has been immune to foreclosures, the city's downtown area has been particularly impacted. For example, in 2010, more than half of all sales in one downtown Census block group were for bank owned properties. BBC RESEARCH ST CONSULTING SECTION V, PAGE 1 public transportation and amenities. Like many western communities, residents in Meridian and the Boise region are primarily dependent on cars for transportation. Nearly 80 percent of Meridians residents drove alone to work each day. And, less than 1 percent of the city's workers relied on public transportation for their work commute.' Public transportation opportunities are limited in Meridian. Although Meridian lies along Valley Ride Transit's regional bus line, the purpose of the regional bus system is largely to connect Boise to Nampa. Residents and stakeholders both noted that public transportation opportunities in Meridian are very limited. The city has served the defined LMI area in a variety of ways to ensure that municipal services are provided equally throughout the community. The city recently used its CDBG funds for improvements to Centennial Park, located directly south of one of the city's identified LMI Census tracts. The city has used CDBG funds to design improvements to sewer and water lines within the LMI area, and those improvements were recently constructed and paid for with city general funds. The main branch of the Meridian Library is located directly north of an identified LMI census tract, and the Meridian Community Center is located directly south of an identified LMI census tract. The city has used CDBG funds for the design of a segment of the Five Mile Creek Pathway within the LMI Area. CDBG funds will also be used to construct this pathway segment in 2012. This pathway segment will provide an important recreational opportunity as well as an alternative transportation corridor. In addition to the location of these municipal services, the city has coordinated a Community Clean- Up Day for the past 7 years. This Clean-Up Day has taken place within the downtown core of the city, at the heart of the identified LMI Area. The city's contracted waste collection company, SSC, is one of the primary partners for this important community event, and all the metal recycling money collected during the day is given to a local charity. Complaint, legal and lending analysis. In the last six years, 18 fair housing complaints were filed for activities taking place in Meridian. Most complaints were filed on the basis of disability status (61%), followed by race (17%), familial status (11%) and national origin (6%). Eleven of the 18 cases are closed. Most (64%) cases closed following a successful conciliation or settlement; these cases involved discrimination based on disability or familial status. No recent fair housing legal cases have occurred in Meridian. Arr analysis of statewide complaints completed by BBC in summer 2011 found that the vast majority of fair housing legal cases in the State of Idaho occurred in Ada County and were related to developers, builders, engineers and/or architects failing to comply with the accessibility requirements of the federal Fair Housing Act and the Americans with Disabilities Act (ADA). There is no evidence of lending discrimination occurring in Meridian. In 2010, Hispanics accounted for 7 percent of the city's population and 3 percent of the city's loan applicants. Denial rates among Hispanic loan applicants (15%) were slightly higher than White applicants (13%); however, the difference is not enough to suggest lending discrimination. Denial rates among Black/African American loan applicants were 31 percent, which is much higher than White applicants. While Black/African American loan applicants experienced much higher denial rates (38%) than White Means of transportation to work statistics from the 2010 American Community Survey 1-year estimate. BBC RESEARCH & CONSULTING SECTION V, PAGE 2 applicants; however, too few applications were submitted by African Americans to truly analyze lending disparities. There were two Census tracts in Meridian that had higher loan denial rates than the city overall; these areas did not correlate to the city's low income areas. Furthermore, there was no racial or ethnic disparity in subprime lending in 2010, indicating that subprime loans were not targeted to the city's racial or ethnic minorities. Public input. The public input process for the city's Consolidated Plan and AI included a resident survey (330 responses), a stakeholder survey (15 responses), a stakeholder focus group (seven participants) and key person interviews (six interviews).2 The city's outreach effort involved numerous organizations representing individuals from a number of protected classes including seniors, immigrants, low income residents, persons with disabilities, persons and families who are homeless, persons with HIV/AIDS, persons with substance abuse/addition, victims of domestic violence, youth refugees, and veterans. Five percent of survey respondents definitively reported that they had experienced housing discrimination in Meridian. Many stakeholders feel that discrimination happens more frequently in Meridian, particularly for persons with disabilities, families with children/pregnant women and persons of a different national origin. Stakeholders identified a number ways discrimination maybe occurring in Meridian. These include: Problems obtaining housing because of strict credit requirement, unreasonable deposits, and a lack of rental history; ® Denial of service animal requests; ® Refusal to rent or steering to other properties away from desired property; ® Discrimination targeting non-English speakers. Discrimination includes lack of interpretation of important documents, retention of security deposit; and ® Denial of reasonable accommodation requests or requiring too much information for reasonable accommodation requests. Stakeholders identified a number of potential fair housing barriers in Meridian. Survey participants noted that "restrictive covenants by homeowner associations or neighborhood organizations" is potentially a serious barrier to fair housing in Meridian. Focus group participants also believe economic constraints, lack of affordable housing, lack of public transportation and NIMBYism may also be barriers to fair housing in Meridian. Fair Housing in Meridian In 2007, one of the housing impediments identified in the city's AI was related to the need for potential renters, buyers, and the general public to understand the requirements of the Fair Housing Act. In response to this impediment, the city added information to its website about the city's Fair Housing Strategy and other housing related resources for members of the community to access. a Some stakeholders participated in more than one outreach effort. BBC RESEARCH ST CONSULTING SECTION V, ('AGE 3 In addition, the City was a sponsor of the City of Boise's fair housing public awareness campaign in April 2011. The campaign was called Good Neighbors + Fair Housing =Strong Communities and was intended to increase community awareness and understanding of fair housing rights and responsibilities. Fair housing messages were spread to Treasure Valley residents through radio and television public service announcements, billboards, bus panels, bus benches and community presentations. The initiative was supported through the financial contributions of 15 partners, including Idaho Housing and Finance Association (IHFA), the Idaho Department of Health and Welfare, local banks, Valley Regional Transit and local broadcasting companies. Fair Housing Impediments and Action Plan The City of Meridian has evolved from a small, isolated farm community to an integral part of the Boise region. The city's convenient proximity to the region's major service centers, Boise and Nampa, has undoubtedly contributed to the city's rapid growth in the last 10 to 20 years. However, the city is more than a bedroom community to its neighbors. The city is now the home of a major regional medical facility (St. Luke's), and Meridian is well-positioned to attract additional business growth in the future. As the city's role in the region has evolved, so has its population. The city's residents are aging, and its Hispanic population has grown in the last 10 years. The city's changing population makes fair housing awareness even more important. As such, the Fair Housing Action Plan (FHAP) is intended to help the city welcome new residents and retain existing residents as it continues to grow and evolve in the region. IMPEDIMENT NO. 7 . Lack of affordable housing. The city has a limited inventory of affordable units for its size. Affordable housing development has recently been limited to acquisition and rehabilitation of single family units in the downtown area. As such, low and moderate income residents may have a hard time finding an affordable unit, particularly outside the downtown area. Stakeholders participating in the public outreach efforts all suggested that a lack of affordable housing was a barrier to fair housing in Meridian. Why is this ~ b~tr~~ier?Lack of affordable housing can lead to income, racial and ethnic segregation and may disproportionately restrict housing choices for certain protected classes. This may occur because racial and ethnic minorities have lower incomes or because persons with disabilities require specific housing accommodations and need affordable housing due to limitations on employment. Action item 1.1. -Preserve existing affordable housing units in the city. The city has a limited affordable housing stock. The city should aggressively attempt to preserve existing affordable units in the city by working with current property owners to ensure that existing affordable housing contracts do not expire. This would include identifying affordable housing owners in the city and understanding their needs for retaining the affordability component of their property. Action item 1.2. -Convene an affordable housing task force to investigate ways to develop new affordable housing. The city should convene an affordable housing task force to identify ways to encourage affordable housing development in Meridian. The task force should include commttniry development staff, developers, representatives of the finance and banking industry and representatives from the city's economic development organizations. The task force could also include existing affordable housing property owners. BBC RESEARCH & CONSULTING SECTION V, PAGE 4 The primacy task of the committee would be to identify tools used by other neighboring and regional communities to encourage affordable housing development, and determine what may work in Meridian. Some of these tools, which were identified by local affordable housing developers during the public input process, include the following: ® Property tax abatements on affordable projects (this task will require input from Ada County); ® Relaxed design guidelines for affordable projects (rehabilitation and new construction); ® Expedited review and permitting process for affordable housing projects to alleviate additional carrying costs; and Development fee waivers (e.g., building permits, infrastructure costs, utility hook ups). The Idaho Housing and Finance Association (IHFA) is responsible for administering the Low Income Housing Tax (LIHTC) program in Idaho. Local communities are required to cona•ibute 5 percent of the cost of the project to be eligible for LIHTCs projects in their community. As such, Meridian should identify ways to generate funds for this local match if a potential affordable project is proposed in their community. The city should investigate the fiscal tools other Idaho communities have implemented to generate this local contribution. IMPEDIMENT NO. 2. Potential resident opposition to affordable housing development. Stakeholders suggested that certain types of projects in Meridian have historically been met with resident opposition. Opposition against certain types of development is often referred to as "Not in My Backyard Syndrome" (NIMBI. Strong resident opposition to affordable projects may result in future projects being declined. Why is this a bar^rzer? In reviewing AIs, HUD gives consideration to how communities hold themselves out to residents. Do they appear to be welcoming? Warm? Or exclusive? It is thus important in this era of fair housing that communities and residents project a positive image of housing choice and diversity. Action item 2.1. - Continue to participate in the regional fair housing awareness campaign and tailor it to current needs. In 2011, the city participated in the Good Neighbors + Fair Hoa~sing = Strong Communities campaign to raise awareness of fair housing in Meridian. The city should continue this campaign to ensure residents are aware of their responsibilities, as well as the city's responsibilities, in affirmatively furthering fair housing in Meridian. The campaign should be modified to include issues raised as part of this AI. For example, the campaign should discuss the importance of having a variety of housing types in all neighborhoods to ensure all residents are welcome throughout Meridian. The campaign should also include some outreach to local HOAs to ensure their covenants, conditions and restrictions (GCBs) do not violate the Fair Housing Act. The city should provide HOAs with the contact information for community development and legal staff to review CCRs if necessary. IMPEDIMENT NO. 3. Limited public transportation opportunities. The city has limited public transportation opportunities. This has the effect of disconnecting Meridian from the rest of the region, particularly for residents reliant on public transportation. This has a disproportionate impact on persons with disabilities who often rely on public transportation, as well as low income residents. BBC RESEARCH ST CONSULTING SECTION V, PAGE 5 Why is this ~ bar~r•ier? Lack of transit opportunities creates a barrier to fair housing choice because it may have the effect of preventing certain types of residents-specifically persons with disabilities, seniors and low-income individuals-from living in a community or in certain parts of a community. Action Item 3.1. Continue to stay engaged in regional transportation planning efforts, leverage local resources for local transit opportunities and seek partnerships. Regional transit is costly, and solutions to solving regional transit issues will not occur overnight. The city must develop a long term strategy to solving public transportation issues in the community. The city's Transportation Task Force should stay intact and should continue working on the city's initial transit plan. This plan is still in its early stages, but is envisioned to eventually provide reliable, fixed-route service throughout the community. Partnerships will be key to getting a public transit system off the ground. Besides VRT, COMPASS, Joint School District #2 and the City Council will all need to play a role. The city should stay engaged in regional planning efforts and identify opportunities for modifying existing bus routes or adding stops to existing routes. The city should also work with the Idaho Transportation Department to identify grant opportunities for improving public transportation infrastructure if additional bus stops become available (e.g., bus shelters, curb cuts). The city should also identify local partners reliant on public transportation to leverage resources and generate local transportation partnerships. This could include using the senior center transportation service for persons with disabilities or identifying opportunities to partner with the local school district for out of district trips. IMPE®IMENT NO. 4. Lack of understanding by developers and landlords about housing accessibility requirements. A "lack of understanding by developers and landlords about housing accessibility requirements under the ADA" was identified as an impediment in the city's last AI, and continues to be an impediment in the city. Nearly all legal cases that have occurred in the Boise region in recent years have occurred against developers, builders, engineers and/or architects failing to comply with the accessibility requirements of the federal Fair Housing Act and the Americans with Disabilities Act (ADA). Additionally, 61 percent of all fair housing complaints filed in Meridian in the last six years have been on the basis of disability status, primarily for failure to make reasonable accommodations for a disabiliry.3 Why is this rt ba~•r~ie~:?Persons with disabilities are a protected class under the Fair Housing Act Action Item 4.1. Tailor fair housing outreach campaign to address the needs of persons with disabilities. BBC recommends that the city continue its fair housing outreach campaign (Action Item 2.1). As part of that campaign, the city should tailor its message to highlight the needs and rights of the city's disabled population. s Twenty-five percent of all complaints filed in Meridian beaveen 2006 and 2011 cited "failure to make a reasonable accommodation." BBC RESEARCH ST CONSULTING SECTION V, PAGE 6 Action Item 4.2. Expand outreach and education to Meridian's landlords. As part of the city's fair housing outreach campaign, city staff should visit multifamily properties in the city to ensure landlords are aware of fair housing law and requirements for serving persons with disabilities. City staff could also coordinate with a local FHIP to conduct outreach and training to Meridian landlords. Action Item 4.3. Train community development staff on ADA and fair housing design and construction guidelines. The city should ensure that all staff members involved in the building plan review process are aware of the design and construction requirements of the ADA and the Fair Housing Act to ensure all new units are in compliance with the legislation. PY2012-2016 fair housing goals. The matrix on the following page summarizes the city's FHAP to minimize impediments. BBC RESEARCH ST CONSULTING SECTION V, PAGE 7 ~0 N N O '` C C @d L lJ ~i A C C C O V Q Q1 ~N 7 O a = .7 6 Li Li I, ~ I ' I ~ I I~ ~ ~I i I I { 1 I I ~ ~~ I 1 1 ( ,' ~ 11 i f I" i f ~ i x ~ ~ x x I { i i j x i x x x II-~ ~ x x s x x ~ x x x x x x ~ x I x i x ~ x I x x I I x x ~ ' x x x x x x x x ~ ~ x I i f i x x ' ~ x i x x 1 c m ~ ~ a Y , 1 ' o .n - _ a o v V o ' w ~ $ ~ V v~ ,~ v n f C N w L~ d . I y0 ~ ¢ A d a . I O q I ~ "O' O a l A ~ C m w ~ m V V I Y .r U~ W Q U~ '. •~ ° N m c O E ° s I Q n I c Y r ~ i j N ~' -° . oc N ~ o m ai ~ m i , E . c •E A ~ o` u1 C ~ H 61 O Y C N ~ . O _ U U U ¢ -ap l"°J dl ~ q N ~ 7 ° a C ~ ` ° A ° O L i N Ol ~ j 1 ' a N -° :° ~ l I C 0 0„ I c v ' ~ Q ° I ~ V c - T -0 O v C d ` - C U N N y~ ~ m E , V- - v I~ °' `w v w° ' m c ~ 3 ~ ~ I p~ c=a 1 I ao rn ~ •v v rn v ~~ o ° v `-° ~ m p; c c oUg ~ I E •~ a o ~ 'a ~' v E ~ w` o rn C ~ a U - I rn E m c c ~ „ j d Q c , C ! 'i L ~? C ~~ O v G •S-'' W W J C N E a O Y c y . -O f c ~ rn a 3 a E a o I w ~ v ( , o c F' o m 3 . V 4 o ' m ° v c~ rn o E -c ' ~ o p n. ° rn 5 ` ~,. c , o c~ N c I c m t y a an d u° ~ '.° ° z ~ i. !~ L ~ ;~ j c u m ;i' m 'c ~ rn~ . .~ ,v ~ > m .. v.~ . ;„v ~~ r v s~ .'v m ~ a o r ! _I w w a m~ v¢ '> u a L a i H ' rn 'A o I C 3 y .O n N ~~° d `m N R 'rnv G ~ I :mil Y = ~ Y c c rn d u +L+ C L w ¢,° _ ~=-a C ++ V m-o o a m -O ° -o m 3 g w v_ ° c a ° I -O- c `' ~ ~ .fl ~° '«~-. u Y R 3 V ~~ m o 'o E~ ° ' m ~ 0 s c i o o I • a 2 I. ~ .` .. c i v s° r~ o E ~ o c ~ ~.~ % = ~~ I r a c E F°1- w ' E 3 A ~ o a m n v I ;~' 3~ 3~ ;~ ~ ~ v v = v m w. I s Q. ~ ` o v-~ E° ~ ' ' m ~ v ~~ v ~ v> v> ~ w v~ I °- - 'l o rn~ ~ m °1 °- o u w n.'m m ! m o E a„ o v c v c~ . ' v ~ . i ~ ° . ~a . vv . a V . ~ ( . I ~ . - ~ ~ ~ . ~s _ . ' ~ ~~F- . ¢ am . V . Us ^ I i' ~ C _; I I ~ •~ C = ~ a I :. 4 h w m y ~ ~ w L m '° r o I :'. a c 5 ~ $ L I u ~: a ° n. I I a i ~ c g ' o c 7 u~ w 'O ~ ~i I i v N ~' ~ . .°. : ~ C ~ W Q ' p 'O 6 V ~ v c " - ., C 'v ~ _ m Y '' _ c° H t I I I d o m Q1 v c n ~ ~ Y ,~ i ~ o ~ s ~;~ w G . v :o d V R L c I - J Ol Qf c ! ` p c ~ ,~ W ~ a 8 ac m t I;.l m> w c v I ~ I o'.L' c ,~ v~ a I E ~ n i m E a s ' ~~ 1 0 ~ c ~ v c° ~~ „ i~ C 3 I ~ ° r ° rn - ~ 'v ~ v i ~°' ~ .°~ v a 'i a t n. ~ E v a i ~ c v > I i c y c c c m ' I°~ °'o °- ~ c; ° ° ~ ° ~ ~ fV M I of } ~ m c :? N c U L v C m m a c m A u u a c Z 0 F v ~n S U w U 00 CD Structure for Oversight Responsibilities, Monitoring & Evaluation The completion of this AI was overseen by the City of Meridian's Department of Community Development. Community Development will be ultimately responsible for carrying out the Fair Housing Action Plan. To ensure that each activity is carried out, Community Development will conduct an evaluation of each activity during each program year and identify additional areas that require study or analysis and how to address the additional areas. As part of the annual Consolidated Annual Performance and Evaluation Report (CAPER), Community Development will include a summary of the following: ® Actions taken to affirmatively further fair housing: ® A summary of impediments to fair housing choice in the AI; and ® Identify actions taken to overcome effects of impediments identified in the AI. Per Section 2.14 in HUD's Fair Housing Planning Guide, Community Development will maintain the following data and information as documentation of the city's Fair Housing Action Plan: A copy of the AI and any updates. m A list of actions taken each year as part of the Fair Housing Action Plan to eliminate the impediments identified in the AI. At the end of each program year, the city will submit information to HUD about the actions taken to fulfill the Fair Housing Action Plan and an analysis of their impact. BBC RESEARCH SE CONSULTING SECTION V, PAGE 9 ~i is iy unil tin a April 24, 2012 IT U 7A J U e ITEM TITLE: eriin nvironntl xcellenc wards re ention ~~c ~~naouJl f yf~7~, ,~..te I ~Ce,.,~.., ~w:~/ Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: IE-MSTAFF TOI AG NCOY I APPLICANT I NOTES I INITIALS ri ian iy ®I etin T :April 4, 2012 IT l1 7 J T iT~nn riTLE: r entation y oula Jones with rowers for iotecnoloy Regarding the Idaho Watershed Solutions Grant DATE: IE-MSTAFD TOI AGENCY I APPL CANT I NOTES ( INITIALS Topics Concept Situation in the Boise River Basin Approach for Resolution Proposal to the City of Meridian Benefits to the City of Meridian Next Steps 1 Concept The Boise River is listed as water quality limited stream Phosphorous is a nutrient of concern Much of the Phosphorous in the Boise River is added by nonpoint sources The EPA does not control nonpoint sources, but does regulate point sources including the City of Meridian We propose to incentivize the nonpoint contributors, to provide cost-effective solutions for NPDES permit holders includina the Citv of Meridian Opportunities for a Watershed Approach in the Boise River Basin 2 Will EPA Accept• Approach? "A watershed approach must be measured and verified, but if this can be done we are supportive." Mike Bussell, Director EPA Region 10 Office of Water and Watersheds (Meeting in Boise, December 15, 2011) Where has a Watershed Approach been Successful? The Willamette Partnership The Freshwater Trust y So. how is a Watershed 1i'=•RMMIHTI Via a new non-profit organization, Idaho Watershed Solutions, Inc. Improving Water Quality Using a Watershed Approach .1 Idaho Watershed Solutions, Inc. Technical Team Mr. Hal Anderson — e Mr. Phil Rassier — Water Idaho Water Resource Resources Board Programs @ Dr. Rob Tiedemann — Dr. Mark Ankeny —Soil Wetland and Riparian Science Issues Mr. Doug Jones — Precision Agriculture Mr. Mark Masarik — EPA Programs Mr. Jeff Reeder — Water Resources Engineering Dr. Dave Tuthill — Water Resources 7 Problems in the Lower Boise River Nutrients, sediments and temperature need to be reduced Awatershed approach is attractive, but it is difficult to achieve The water quality credit trading process is non-functional Boise Basin Water Quality Credit Trading Project E: Requirements to Become a Stakeholder * NPDES Holders and Corporations — Provide funding * Irrigation Organizations — Provide in-kind assistance Agencies — Provide regulatory guidance and assist with grant opportunities where appropriate * NGOs — Provide in-kind assistance * Idaho Water Resources Research Institute and Universities —Conduct research INL — Provide organizational, research and computational support * Vendors — Provide needed equipment Four Years of Effort for the Boise Basin Water Quality Credit Trading Project FY2012 Review and reformulate Trading Framework Instrument Mason Creek and expand data collection * Submit grant applications and design pilot projects Establish Stakeholder Committee FY2013 — FY2015 Implement State and Federal Grants * Continue data collection Implement pilot projects ® Implement trading/offset processes E Proposal for City of Meridian ® See proposed Memorandum of Understanding (MOU) between the City of Meridian and Idaho Water Solutions, Inc. (as a nonprofit corporation, IWS financials are open to public review) Investment: * $25K for FY 2012 (through September 30) * $50K per year for FY 2013 through FY 2015, subject to annual review Note: IWS is seeking matching funds from state and federal grants, resulting in enlarging of the benefits of the City of Meridian investment in this process Benefits to the City of Meridian ® The City of Meridian can help to shape the future of this process Continue to build on the relationships and momentum established by the Treasure Valley Comprehensive Aquifer Management Planning process Provide additional cost-effective options to the matrix of potential waste water discharge requirements Promote improved relationships between the urban and agricultural communities 2 Improve the quality of water throughout the Boise River Basin Extend the progress in water quality credit trading beyond a city -by -city approach to a joint, integrated approach, resulting in additional momentum in dealing with state and federal regulatory agencies Develop a strategy to address requirements of the TMDL process on the Boise River Continue to present to potential Charter Stakeholders City of Boise * City of Caldwell City of Nampa * Idaho Power Company * Monsanto Simplot Company Meet with IWRRI and the Universities on May 1 Conduct Initial Stakeholder Meeting mid -summer Continue to proceed toward implementing Project Objectives 3 Coordination with Federal Agencies o EPA Bob Rose, National Coordinator of Water Quality Credit Trading Mike Bussell, Region 10 Director, Office of Water and Watersheds Christine Psyk, Region 10 Deputy Director, Off of Water and Wtrshds. m Claire Schary, Region 10 Coordinator of Water Quality Credit Trading Jim Werntz, Director of the Idaho Office of the EPA Bureau of Reclamation Natural Resource Conservation Service Idaho National Laboratory Coordination with State Agencies Idaho Department of Environmental Quality Idaho Department of Water Resources Ada County Soil Conservation Commission Canyon County Soil Conservation Commission Lower Boise Watershed Council Coordination with the Conservation Community Idaho Conservation League Ducks Unlimited The Nature Conservancy Idaho Rivers United 5 Coordination with the Private Sector Monsanto Simplot Company Idaho Dairymen's Association Amalgamated Sugar Willamette Partnership The Freshwater Trust Idaho Power Company Hach Industries Ecolotree Coordination with the Irrigation Community Twin Falls Canal Company — site review North Side Canal Company — water quality discussion * Boise River Watermaster Boise Basin Irrigation Community — this summer 0 MEMORANDUM OF UNDERSTANDING Between The City of Meridian and Idaho Watershed Solutions, Inc. Regarding Future Pollution Reduction Requirements This Memorandum of Understanding (MOU) is entered into between the City of Meridian (City) and Idaho'Watershed Solutions, Inc. (IWS), and shall be effective as of the date of execution and shall remain in force until September 31, 2015, unless terminated earlier in accordance with the terms hereof. The purpose of the MOU is to allow the City and IWS to collaborate in determining the most effective, efficient and least costly approach to meet future pollution reduction requirements, which may include partnering with non -point source entities. RECITALS A. The U.S. Environmental Protection Agency (EPA) plans to adopt Total Maximum Daily Load (TMDL) allocations for the Boise River. The process of determining the acceptable level of TMDL's is currently under way and once completed, will likely impact City operations. City has a unique opportunity to be proactive in developing cost-effective options to offset future pollution allocations. B. Effluent credit trading is a way to help improve water quality by focusing on cost-effective, local solutions to problems caused by pollutant discharges to surface waters. The Lower Boise River Effluent Trading Demonstration Project was the first effluent trading project in the Pacific Northwest. However, this demonstration trading project has not resulted in significant trading opportunities because much more effort is required to establish a viable and functioning credit trading system. C. City is actively engaged in evaluating and analyzing options and costs related to meeting current and future National Pollution Discharge Elimination System (NPDES) permit requirements for its waste water treatment facilities. One potential option for meeting NPDES permit requirements is the acquisition of pollution credits through the creation of a viable pollution credit exchange. D. IWS is a newly formed non-profit corporation that is committed to providing the resources and expertise needed to establish a viable and cost-effective pollution credit exchange market for the Boise Basin. City and IWS desire to work together to evaluate and determine the best comprehensive, scientifically defensible and least costly approach to acquire pollution credits from non -point sources. City and IWS desire to enter into a memorandum of understanding setting forth the funding obligations of the City and tasks to be completed and the services to be provided by the parties hereto. AGREEMENT NOW, THEREFORE, in consideration of the foregoing recitals, and the mutual covenants, agreements, and conditions set forth herein, it is hereby agreed by and between the City and IWS as follows: 1. IWS shall coordinate directly with City Public Works Director on the formulation, documentation and evaluation of present and future pollution reduction needs and opportunities. 2. IWS shall communicate with and inform City Council as to findings and progress as requested. 3. IWS shall reserve a seat for a City representative on the IWS Advisory Committee. 4. IWS commits to collaborate with City to seek federal and other grant funds that maybe available to accomplish objectives of mutual interest to this program. 5. City commits to provide funding to IWS to accomplish necessary work required by this MOU. 6. The funding commitment by City is $25,000 for May 1 to September 31, 2012, and $50,000 per year for the next three years. Each year is defined as the Federal fiscal year starting on October 1. Funding shall be provided during the first month of the period, in response to an invoice from IWS. 7. City shall provide staff support and resources as available to accomplish coordination, evaluation and participation in the formulation and operation of the pollution credit exchange market. 8. Implementation of this agreement shall establish the City as a Charter Member in the pollution credit exchange market under development by IWS. IT IS FURTHER UNDERSTOOD AND AGREED that if the City or IWS determine, in their sole discretion, that they are not receiving the anticipated value expected under this MOU or that funding or other limitations prevent the annual funding contribution, this MOU may be terminated as the sole remedy for such determination by City or IWS upon the giving of thirty (30) day's written notice to the other party. IT IS FURTHER UNDERSTOOD AND AGREED this MOU may be executed in counterparts, each of which shall be deemed an original and all of which shall constitute a single instrument, and shall be effective upon execution of one or more of such counterparts by each of the parties hereto. The parties agree that an electronically scanned copy of this MOU containing a signature shall be deemed effective for all purposes. Signatures on the Following Page: Memorandum of Understanding Between the City of Meridian and Idaho Watershed Solutions, Inc. Page 2 WE, THE UNDERSIGNED, have read and agree with this MOU and it is hereby APPROVED. CITY OF MERIDIAN By Date Mayor IDAHO WATERSHED SOLUTIONS, INC. By Dr. David R. Tuthill Jr., President ATTEST: By City Clerk Date Memorandum of Understanding Between the City of Meridian and Idaho Watershed Solutions, Inc, Page 3 MEMORANDUM OF UNDERSTANDING Between The City of Meridian and Idaho Watershed Solutions, Inc. Regarding Future Pollution Reduction Requirements This Memorandum of Understanding (MOU) is entered into between the City of Meridian (City) and Idaho'Watershed Solutions, Inc. (IWS), and shall be effective as of the date of execution and shall remain in force until September 31, 2015, unless terminated earlier in accordance with the terms hereof. The purpose of the MOU is to allow the City and IWS to collaborate in determining the most effective, efficient and least costly approach to meet future pollution reduction requirements, which may include partnering with non-point source entities. RECITALS A. The U.S. Environmental Protection Agency (EPA) plans to adopt Total Maximum Daily Load (TMDL) allocations for the Boise River. The process of determining the acceptable level of TMDL's is currently under way and once completed, will likely impact City operations. City has a unique opportunity to be proactive in developing cost-effective options to offset future pollution allocations. Effluent credit trading is a way to help improve water quality by focusing on cost-effective, local solutions to problems caused by pollutant discharges to surface waters. The Lower Boise River Effluent Trading Demonstration Project was the first effluent trading project in the Pacific Northwest. However, this demonstration trading project has not resulted in significant trading opportunities because much more effort is required to establish a viable and functioning credit trading system. C. City is actively engaged in evaluating and analyzing options and costs related to meeting current and future National Pollution Discharge Elimination System (NPDES) permit requirements for its waste water treatment facilities. One potential option for meeting NPDES permit requirements is the acquisition of pollution credits through the creation of a viable pollution credit exchange. D. IWS is a newly formed non-profit corporation that is committed to providing the resources and expertise needed to establish a viable and cost-effective pollution credit exchange market for the Boise Basin. E. City and IWS desire to work together to evaluate and determine the best comprehensive, scientifically defensible and least costly approach to acquire pollution credits from non-point sources. City and IWS desire to enter into a memorandum of understanding setting forth the funding obligations of the City and tasks to be completed and the services to be provided by the parties hereto. AGREEMENT NOW, THEREFORE, in consideration of the foregoing recitals, and the mutual covenants, agreements, and conditions set forth herein, it is hereby agreed by and between the City and IWS as follows: 1. IWS shall coordinate directly with City Public Worl<s Director on the formulation, documentation and evaluation of present and future pollution reduction needs and opportunities. 2. IWS shall communicate with and inform City Council as to findings and progress as requested. 3. IWS shall reserve a seat for a City representative on the IWS Advisory Committee. 4. IWS commits to collaborate with City to seek federal and other grant funds that may be available to accomplish objectives of mutual interest to this program. 5. City commits to provide funding to IWS to accomplish necessary work required by this MOU. 6. The funding commitment by City is $25,000 for May 1 to September 31, 2012, and $50,000 per year for the next three years. Each year is defined as the Federal fiscal year starting on October 1. Funding shall be provided during the first month of the period, in response to an invoice from IWS. 7. City shall provide staff support and resources as available to accomplish coordination, evaluation and participation in the formulation and operation of the pollution credit exchange ma rl<et. 8. Implementation of this agreement shall establish the City as a Charter Member in the pollution credit exchange market under development by IWS. IT IS FURTHER UNDERSTOOD AND AGREED that if the City or IWS determine, in their sole discretion, that they are not receiving the anticipated value expected under this MOU or that funding or other limitations prevent the annual funding contribution, this MOU may be terminated as the sole remedy for such determination by City or IWS upon the giving of thirty (30) day's written notice to the other party. IT IS FURTHER UNDERSTOOD AND AGREED this MOU may be executed in counterparts, each of which shall be deemed an original and all of which shall constitute a single instrument, and shall be effective upon execution of one or more of such counterparts by each of the parties hereto. The parties agree that an electronically scanned copy of this MOU containing a signature shall be deemed effective for all purposes. Signatures on the Following Page: Memorandum of Understanding Between the City of Meridian and Idaho Watershed Solutions, Inc. Page 2 WE, THE UNDERSIGNED, have read and agree with this MOU and it is hereby APPROVED. CITY OF MERIDIAN By Mayor IDAHO WATERSHED SOLUTIONS, INC. By Dr. David R. Tuthill 1r., President Date ATTEST By City Clerl< Date Memorandum of Understanding Between the City of Meridian and Idaho Watershed Solutions, Inc. Page 3 ~i i n iy until satin T e Aril 24, 2012 I Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: I E~MSTAFD TOI AGENCY I APPL CANT I NOTES ( INITIALS ~-i ian ity ncil satin , ~ T :April 4, 2012 IT' U 10A J T' U iT~nn TiTL~: ayor's fice: yor' Youth dviory ouncil ( Y )Update ~~~ti~e~ ~ `IC- /oSG, <_~~u ,~ /~f~; yh~az~ f~ y~rJ- i/~~> f 3~ Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: IE-MSTAFFTOI AGENCY ( APPLICANT ( NOTES I INITIALS ~i ian iy nc®IlVlt® ~° r T :April 24, 2012 I°1' .~ CLERKS oFFSCE FnvaL acrioN DATE: IE-MSTAFFTOI AGENCY I APPLICANT I NOTES I INITIALS ADA COUNTY RECORDER Christopher D. Rich Ah10UNT .00 E BOISE IDAHO 04!30112 12;58 PM DEPUTY Bonnie Oberbillig II I I ~I !~ I) ~ I I N ~~ I~ I I ~~ ~ I ~~ RECORDED-REQUEST OF t 1~O~~~~ Meridian City 2°d A lelT TO DEVELOP NT AG E NT PARTIES: 1. City of Meridian 2. Sea to Sea, LLC, Owner/Developer THI5 °d AMENDMENT TO DEVELOPMENT AGREEMENT is dated this day of~q ~L , 2012, (AMENDMENT), by and between CITY OF MERIDIAN, a municipal corporation of the State of Idaho (CITY), and SEATO SEA, LLC (OWNER/DEVELOPER), whose address is 827 E. Riverside, Eagle, ID 83616. RECITALS A. CITY and OWNER/DEVELOPER entered into that certain DEVELOPMENT AGREEMENT (the "Development Agreement") recorded in 2006 as Instrument # 106122365 which Development Agreement was modified by a Development Agreement Modification recorded on February 10, 2009 as Instrument # 109082037on real property more particularly described in the Agreement; B. CITY and OWNER/DEVELOPER now desire to further amend the Development Agreement as previously amended, providing that an updated concept plan will be presented for approval by the City prior to development; C. On January 24, 2012 the Meridian City Council approved an application by Spurwing Challenge Subdivision (AZ-11-0O5, RZ-11- 006, and MDA 11-011) wherein a portion of the property originally subject to the Development Agreement was removed from the Development Agreement and now is bound by the terms of the Spurwing Challenge Development Agreement. ?'hat portion is described in Exhibit B attached hereto; and D. The portion of the property originally bound and encumbered by the original Development Agreement, and not subject to the Spurwing Challenge Development Agreement is described in the legal descriptions attached hereto as Exhibit A (the "C-C Zoned Property"). AMENDMENT TO DEVELOPMENT AGREEMENT (MDA 11-011) KNIGHT SKY ESTATES PAGE 1 OF 8 Knight Sky Addendum (GP CL 42412).DOC NOW, T It>EFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 1. OWNER/DEVELOPER shall be bound by the terms of the Development Agreement, except as specifically amended as follows: Section 5. CONDITIONS GOVERNING DEVELOP ENT OF U CT PROPERTY 5.1.14.Prior to the development of the C-C Zoned Property, the current owner (Sea to Sea, LLC) or any future owner shall modify the recorded development agreement (#106122365) and include a new concept plan consistent with the Mixed-use Community guidelines contained in the Comprehensive Plan. 2. That Owner/Developer agrees to abide by all ordinances of the City of Meridian and the Property shall be subject to de-annexation if the Owner/Developer, or their assigns, heirs, or successor shall not meet the conditions of this amendment to the Development Agreement, and any new Ordinances of the City of Meridian as herein provided. 3. This amendment shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives. This amendment shall be binding on the Owner/Developer of the Property, each subsequent owner and any other person(s) acquiring an interest in the Property. This Agreement shall also be binding on the City. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof, and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request of Owner/Developer, to execute appropriate and recordable evidence of termination of this amendment if City, in its sole and reasonable discretion, had determined that Owner/Developer has fully performed its obligations under this amendment. 4. If any provision of this amendment is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this amendment and the invalidity thereof shall not affect any of the other provisions contained herein. 5. This amendment sets forth all promises, inducements, agreements, conditions, and understandings between Owner/Developer and City relative to the subject matter herein, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between Owner/ Developer and City, other than as are stated herein. No subsequent alteration, amendment, change or addition to this amendment shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest, and, with respect to City, pursuant to a duly adopted ordinance or resolution of City. No condition governing the uses and/or conditions governing development of the subject Property herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with the City Code. AMENDMENT TO DEVELOPMENT AGREEMENT (MDA 11-011) KNIGHT SKY ESTATES PAGE 2 OF 8 Knight Sky Addendum (GP CL 4-24-12).DOC 6. This amendment shall be effective as of the date herein above written. IN V~JITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNERIDEVELOPE: SEA TO S~A LI,rC ~ppp,"f gD q LcLsr LO !, ,~ `'a Clty of oW (~E IDIAN~ ~ IDAHO °~ SEAL i Fyr ~~~ ~4'~+dr TAEA5~0.'~ Attest: By: crrY of MERIDIAN Managing Member G~~~ By: Mayor T y de Weerd aycee olman, City Clerk AMENDMENT TO DEVELOPMENT AGREEMENT (MDA 11-011) KNIGHT SKY ESTATES PAGE 3 OF 8 Knight Sky Addendum (GP CL 4-24-12).DOC STATE OF IDAHO ) ss: County of Ada, ) On this ~ day of _ 1 ~ 2012, before me, the undersigned, a Notary Public in and for said State, personally appeared Creston Thornton, known or identifiedto me to be the Managing Member of Sea to Sea, LLC, and acknowledged to me that he executed the same on behalf of said Limited Liability Corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. `~N11~11~~~~ ®`~~0~G1 A S T,9 ~~e®i (SEAL) ®®. ~~,,,..•.....,,,, y ,® ®® •'~ ~~•ti ®: ~~~,qpy i s Notary Public o: r ..~. i Residing at: ~.,~ ``~/t31.~C+ ,,,0 o My Commission ~ .. ~, . tii~~,r~ ©~„~P~. STATE OF IDAHO ) ss County of Ada ) On this~_ day of ~~~, ~ , 2012, before me, a Notary Public, personally appeared Tammy de W ere d and Jaycee L. Holman, known or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Pu lic for Idaho Residing at: '~fi'.y 1~~, Commission expires: 2. UI ~-, AMENDMENT TO DEVELOPMENT AGREEMENT (MDA 11-011) KNIGHT SKY ESTATES PAGE 4 OF S Knight Sky Addendum (GP CL 4-24-12).DOC E IT A Legal Descriptions ~N• G ~rnr srrr rfarrai.w,u:v,~ ~.w °~ r® pro}oc1Nw 05087 Yh+~a tune 1,2004 Fie; a oft ~ urn land I?o~sctptloa~rC•C n+o~otn van~-ncc s 901ffg • CUBtikA'AL'tNR • CAW>WkIJ. AMENDMENT TO DEVELOPMENT AGREEMENT (MDA 11-011) KNIGHT SKY ESTATES PAGE 5 OF 8 Knight Sky Addendum (GP CL 4-24-12).DOC ANSI FtojootNo; 05067 ikdo; DcCOarbar Z7, 2005 Po4e, i of Z '~ 5.00'4?'79"W„ 605.00 lbat to 16s;POINT Op' BCGINN1lVG. AMENDMENT TO DEVELOPMENT AGREEMENT (MDA I1-011) KNIGHT SKY ESTATES PAGE 6 OF 8 Knight Sky Addendum (GP CL 4-24-12).DOC ~ e ' QtlAC11'A-lt • Novwnbcr18,2011 Consulting, In<w Page 1 oft E1t1~ upy A parcel being a portfon of I.ot 1, Htock 1 of Brandt Sabdlvleion recorded in Book SF of Plata at ' Pages 5785 end 5786, sltaated fn the Soath i4 of the 3oatheeet'/. oP3ectlon 23, Townsbfp 4 NortL, Range 1 bleat, BoIae Merldian• Ada County, Idaho, beit~ trace particularly od as follows: . Commmaing ~ the aeatio>x comer cattunon t'o Sections 23, 24,25 and 26 of said Tawnship and Range; thence contiiwing aicwg the south lino of said Section 23 ~ . North $9°38'47" West 498.t;21bet to the POINT' OP' B Q; thence r~tiauMg along said south l[no North 89°38'47" West 489.12 feet; tltsnce departing from mid south 11ne North 00°22;17" Bast 382.60 feat; thoncc South 89°41'25" Bast 50.71 feet; thCax . North 00°42'47" Bast 35.95 feeg thence . South 88°50'33" Bast 441.2b feet; flcenoe ' South DO°47'29" bleat 412.41 Ebel; to the POINT OF B>I~INAITNC. ' Said parcel contains 4.64 sores, mono or lase. ' • RI=V PRt3VAL . BY ' ~C o 1 ~ot~ . ' MEF1tDIAN PUBl.tO WORKS DEPT. .. ... t~4 W. Avedrnd • 7toke, ID 83Y05 • Ptwrw (248) 942.0091 - Fac (268) 3420092 • vwHw.c{,uctdrrfr)ttC .. . CIYII (a~piLteakty ° SUtVayiig ° CwuiNCNon nnporrwnt y ;. AMENDMENT TO DEVELOPMENT AGREEMENT (MDA 11-011) KNIGHT SKY ESTATES PAGE 7 OF 8 Knight Sky Addendum (GP CL 4-24-12).DOC I EAdlliDl 1 l3 Portion to be removed from KnightSlcy Development A parcel bang a portion of Lot 1, Block i of Brandt Subdivision mcorded in Book 59 of Plats at • Pages 5785 and 5786, situated in a portion of the South h of the Soutbeest'~, of Suction 23, Township 4 North, Range 1 Wei, Boise Muridiau, Ada County, Idaho, being mole particularly described ~ follows: at the secticm-caar~r common to Sectiwns 23, 24,25 sod 26 of said Township and Range; thence along the section line common to said Sections 23 and 26 North 89°38'47" West 987.74 &et to the POINT OF BIECINNING; thence continuing along said section line • North 89°38'47" West 1609.23 feat; thence departing from said sectioat ~ • NorW 00°27'09" East 841.15 feet; thence • South 89°41'45" East 272.00 feet; thence • North 00°27'09" East 479.91 feet to the north lime of said south'h of soutl~st'/a of 3uctian 23, thence along said north Gas . South 89°41'45" East 1393.15 feetr thence departing from said north lint Soutth 00°48'23" West 903.94 feet; tbar~e South 00°42'47" West 35.95 feet; thence • North 84°41'25"'West 50.7T fed; thence South 00°22'17" West 382.60 fact to the POINT OF BEGIIYNING. , Said parcel contains 46.97 , more or kss. REVI ROVAL . 0 1 20ti, ` . . MERIDIAN PUBLIC WORKS DEPT. -K ... 1904 W. Ovettand • • Bohn. ID 83705 • Phone (2081342-0091 • fax (2091342-0092 • www.quadrarit.cc . .. . CiW ~nOktaeriny °. 0 °. Coratruatidn MorsaQement • AMENDMENT TO DEVELOPMENT AGREEMENT (MDA 11-011) KNIGHT SKY ESTATES PAGE 8 OF 8 Knight Sky Addendum (GP CL 4.24-12),DOC r°iirr iy tarrcil ®n T :April 24, 2012 I ~~ ~~~ (~ ; AZ 11-005/RZ 11-006 ITEM TI1'I_Ee evelopmen Agreement for purvvin Challenge by The Club at Spurwing, LLC Located Northwest Corner of Chinden Boulevard and North Linder Road Request: Annexation of 30 Acres of Land with an R-8 Zoning District and Rezone of 51.61 Acres of Land from R-4 (Medium Low-Density Residential) and TN- C (Traditional Neighborhood Commercial) to R-8 (Medium-Density Residential) (46.97 Acres) and C-C (Community Business) (4.64 Acres) Zoning Districts G~ Q~~w,~~ Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: I E_MSTAFF TOI AGENCY ( APPL CANT ( NOTES I INITIALS ADA COUNTY RECORDER Chrislopher D. Rich AMOUNT .00 17 .BOISE IDAHO 04130/12 12:58 PM RECORDED nREQUEST OF III ( II ~~ ~) I I ~ II ~ ~~ ~' ~ II I I II Meridian City 11~~4E~~34 DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. The Club at Spurwing, LLC, Developer THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this 2~_ day of ~~rT ~ , 2012, by and between City of Meridian, a municipal corporation of the State of Idaho, hereafter called CITY, and The Club at Spurwing, LLC, whose address is 3405 E. Overland Road, Suite 150, Meridian, ID 83642, hereinafter called OWNER/DEVELOPER. 1. RECITALS: 1.1 WHEREAS, Owner/Developer is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit A for each owner, which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the Property; proof of ownership is provided Recorded Warranty Deed dated February 29, 2012 and is hereby attached and Exhibit "B"; and 1.2 WHEREAS, Idaho Code § 67-6511A, Idaho Code, provides that cities may, by ordinance, require orpermit as acondition of re-zoning that the Owner/Developermake awritten commitment concerning the use or development of the subject Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Ordinance 11-SB-3, which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.4 WHEREAS, Owner/Developer have submitted an application for annexation and re-zoning of the Property described in Exhibit A, and has requested adesignation of R-8 (Medium-Low Density Residential District), (Municipal Code of the City of Meridian); and 1.5 WHEREAS, Owner/Developer made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the subject Property will be developed and what improvements will be made; and DEVELOPMENT AGREEMENT- SPURWING CHALLENGE SUBDMSION (AZ 11-005 & RZ 11-006) PAGE 1 OF 10 1.6 WHEREAS, record of the proceedings for the requested annexation and zoning designation of the subject Property held before the Planning & Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and 1.7 WHEREAS, City Council, the 24`h day of January, 2012, has approved Findings of Fact and Conclusions of Law, set forth in Exhibit "C", which are attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as (the Findings); and 1.8 WHEREAS, the Staff Report requires the Owner/ Developer to enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 OWNER/DEVELOPER deem it to be in their best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at his urging and requests; and 1.10 WHEREAS, City requires the Owner/Developer to enter into a development agreement for the purpose of ensuring that the Property is developed and the subsequent use of the Property is in accordance with the terms and conditions of this development agreement, herein being established as a result of evidence received by the City in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure re-zoning designation is in accordance with the amended Comprehensive Plan of the City of Meridian on April 19, 2011, Resolution Noll -784, and the Zoning and Development Ordinances codified in Meridian Unified Development Code, Title 11. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: DEVELOPMENT AGREEMENT- SPURWING CHALLENGE SUBDNISION (AZ 11-005 & RZ 11-006) PAGE 2 OF 10 3.1 CITY: means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho 83642. 3.2 OWNER/DEVELOPER: means and refers The Club at Spurwing, LLC, whose address is 3405 E. Overland Road, Suite 150, Meridian, ID 83642, the party that is developing said Property and shall include any subsequent owner and/or developer(s) of the Property. 3.3 PROPERTY: means and refers to that certain parcel(s) of Property located in the County of Ada, City of Meridian as described in Exhibit A describing the parcels to be re-zoned R-8 (Medium-Low Density Residential District) attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under City's Zoning Ordinance codified at Meridian Unified Development Code § 11-2A-2. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owner/Developer shall develop the Property in accordance with the following special conditions: a. The Owner/Developer shall extend City sewer to the property, or provide surety as allowed by the UDC, to serve the existing club house, the future training facility, the future maintenance building and the future residential lots prior to City Engineer's signature on the final plat. b. Development of this site shall be restricted to the outdoor recreation use (golf course) and the 23 buildable lot subdivision. d. Prior to obtaining the City Engineer's signature on the final plat, the applicant shall restrict the existing Spurwing Subdivision access to the state highway to right-in/right-out only pending ITD's approval and compliance with their safety requirements. If ITD does not grant the necessary access then this condition shall be void. (Bonding here won't work because the bond would have to be with ACHD for the new access road, not the City) DEVELOPMENT AGREEMENT - SPURWING CHALLENGE SUBDMSION (AZ 11-005 & RZ I 1-006) PAGE 3 OF 10 Y 1 e. The applicant shall dedicate the necessary additional right-of--way required by ITD for the future widening of Chinden. 6. COMPLIANCE PERIOD/CONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon an uncured material default of the Owner and/or Developer or Owner's/Developer's heirs, successors, assigns, to comply with Section 5 entitled "Conditions Governing Development of Subject Property" of this agreement within two years of the date this Agreement is effective, and after the City has complied with the notice and hearing procedures as outlined in Idaho Code § 67-6509, or any subsequent amendments or recodifications thereof. 7. DEFAULT/CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: 7.1 Acts of Default. Either party's failure to faithfully comply with all of the terms and conditions included in this Agreement shall constitute default under this Agreement. 7.2 Notice and Cure Period. In the event ofOwner/Developer's default of this Agreement, Owner and/or Developer shall have thirty (30) days from receipt of written notice from City to initiate commencement of action to correct the breach and cure the default, which action must be prosecuted with diligence and completed within one hundred eighty (180) days; provided, however, that in the case of any such default that cannot with diligence be cured within such one hundred eighty (180) day period, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 7.3 Remedies. In the event of default by Owner /Developer that is not cured after notice as described in Section 7.2, Owner/Developer shall be deemed to have consented to modification of this Agreement and de-annexation and reversal of the zoning designations described herein, solely against the offending portion of Property and upon City's compliance with all applicable laws, ordinances and rules, including any applicable provisions of Idaho Code §§ 67-6509 and 67-6511. Owner and/or Developer reserve all rights to contest whether a default has occurred. This Agreement shall be enforceable in the Fourth Judicial District Court in Ada County by either City or Owner/Developer, or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. DEVELOPMENT AGREEMENT- SPURWING CHALLENGE SUBDIVISION (AZ 11-005 & RZ 11-006) PAGE 4 OF 10 7.4 Delay. In the event the performance of any covenant to be performed hereunder by either Owner/Developer or City is delayed for causes that are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 7.5 Waiver. A waiver by City of any default by Owner/Developer ofany one or more of the covenants or conditions hereof shall apply solely to the default and defaults waived and shall neither bar any other rights or remedies of City nor apply to any subsequent default of any such or other covenants and conditions. 8. INSPECTION: Owner/Developershail, immediately upon completion of any portion or the entirety of said development of the Property as required by this Agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Agreement and all other ordinances of the City that apply to said Property. DEFAULT: 9.1 In the event Owner/Developer, or Owner's and/ or Developer's heirs, successors, assigns, or subsequent owners ofthe Property or any other person acquiring an interest in the Property, fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the Property, this Agreement may be terminated by the City upon compliance with the requirements of the Zoning Ordinance. 9.2 A waiver by City of any default by Owner/Developer of any one or more of the covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not bar any other rights or remedies of City or apply to any subsequent breach of any such or other covenants and conditions. 10. REQUIREMENT FOR RECORDATION: City shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at Owner's/Developer's cost, and submit proof of such recording to Owner/Developer, prior to the third reading of the Meridian Zoning Ordinance in connection with the re-zoning of the Property by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the Property contemplated hereby, the City shall execute and record an appropriate instrument of release of this Agreement. DEVELOPMENT AGREEMENT- SPURWING CHALLENGE SUBDIVISION (AZ 11-005 & RZ 11-006) PAGE 5 OF 10 11. ZONING: City shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the Property as specified herein. 12. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by either City or Owner /Developer, or by any successor or successors in title or by the assigns of the parties hereto. Enforcement maybe sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 12.1 Subject to Sections 6 and 7 of this Agreement, in the event of an uncured material breach of this Agreement, the parties agree that City and Owner/Developer shall have thirty (30) days after delivery of notice of said breach to correct the same prior to the non-breaching party's seeking of any remedy provided for herein; provided, however, that in the case of any such default which cannot with diligence be cured within such thirty (30) dayperiod, ifthe defaulting party shall commence to cure the same within such thirty (30) day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time allowed to cure such failure may be extended for such period as may be reasonably necessary to complete the curing of the same with diligence and continuity. 12.2 In the event the performance of any covenant to be performed hereunder by either Owner/Developer or City is delayed for causes which are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 13. SURETY OF PERFORMANCE: The City may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under Meridian City Code § 11-5-C, to insure that installation of the improvements, which the Owner/Developer agrees to provide, if required by the City. 14. CERTIFICATE OF OCCUPANCY: The Owner/ Developer agrees that no Certificates of Occupancy will be issued until all improvements are completed, unless the City and Owner/ Developer has entered into an addendum agreement stating when the improvements will be completed in a phased developed; and in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the City. 15. ABIDE BY ALL CITY ORDINANCES: That Owner/Developeragree to abide by all ordinances of the City of Meridian and the Property shall be subject to de- annexation if the owner or his assigns, heirs, or successors shall not meet the conditions DEVELOPMENT AGREEMENT - SPURWING CHALLENGE SUBDIVISION (AZ 11-005 & RZ 11-006) PAGE 6 OF 10 contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. 16. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certifted mail, postage prepaid, return receipt requested, addressed as follows: CITY: City Clerk City of Meridian 33 E. Broadway Ave. Meridian, ID 83642 with copy to: City Attorney City of Meridian 33 E. Broadway Avenue Meridian, ID 83642 OWNER/DEVELOPER The Club at Spurwing, LLC 3405 E. Overland Road, Suite 150 Meridian, ID 83642 16.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 17. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 18. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 19. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Agreement shall be binding on the Owner/Developer ofthe Property, each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or DEVELOPMENT AGREEMENT- SPURWING CHALLENGE SUBDIVISION (AZ 11-005 & RZ 11-006) PAGE 7 OF 10 alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request ofOwner/Developer, to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, had determined that Owner/Developer has fully performed its obligations under this Agreement. 20. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between Owner/Developer and City relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between Owner/ Developer and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. 21.1 No condition governing the uses and/or conditions governing re-zoning of the subject Property herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning ofthe Property and execution ofthe Mayor and City Clerk. DEVELOPMENT AGREEMENT- SPURWING CHALLENGE SUBDIVISION (AZ 11-005 & RZ 11-006) PAGE 8 OF 10 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. THE CLUB at SPURWING, LLC ~o-4dy,p48C AL~U~ 0 ~ Ckky of ~ IDANO ~ ~~ ~ r~, ~~, ~~~ 6v`y ATTEST: ••~"~ TiF~su~ ~i .1,Z {e~'041tq +` ~ Jyr By t, q r ... ' • r~ • a i y n t s ~> >; ~ ~ a, ,. `a . ~, Yr ~Pr .; • •r CITY OF MERIDIA~,'~ - ~~~'*~~~ ~'~'',,••" 'rrr~ ~ ~~_~~ '~o ~rl~ ~~~~~~ By: Mayor Ta y e Weerd Jaycee Holman, ity Clerk ,r,..~ ti:k ~ e :., A.,, 1, ~ 0 0 v 4 ~: it DEVELOPMENT AGREEMENT- SPURWING CHALLENGE SUBDIVISION (AZ 11-005 & RZ 11-006) PAGE 9 OF 10 STATE OF IDAHO, ) ss County of Ada ) ` .~ `/. On this ~ day of l~-~' , 2012, before me, the undersigned, a Notary Public in and for said State, personally appeared l~,y,~~s jz~HF~ ~, ~nJ~.~SOry known or identified to me to be the person who executed the agreement on behalf of The Club at Spurwing, LLC, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ® • F'• ~ c f~~.. (SEAL) V~ ®~pTA R ~, ~~~, ® `Z~'~~. . ~` ~i.~-~c~• Z ® . Notary Public for Idaho % P U e V,G • Residing at: ~~; ®'• sj, • •'~® •' M Commission Ex fires: ~ ~ ~ '•. '••.....••' ..• y p ®®•®q~,F OF 1~Q• ®®•. ®®®®®®eeeeee°0°° STATE OF IDAHO ) : ss County of Ada ) On this ~ ~ day of~nr~` , 2012, before me, a Notary Public, personally appeared Tammy de Weerd and Jaycee L. Holman, know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ®~GA JQ~~ ; (SEAL) : ~' pT',k,~,.tfti •'w; .~ `, ~; '~ ® ~ ~ • ® . • ~~ ~, ; ®; ®®°~i'`1 ~'E OF 19' ••...••® No Public r Idaho Residing at: ~-(. ~ Commission expires: ~, 2~~ DEVELOPMENT AGREEMENT- SPURWING CHALLENGE SUBDIVISION (AZ 11-005 & RZ 11-006) PAGE 10 OF 10 EXHTBTT A November 18, 201 I Page 1 of 2 EXHIIBIT "A" Al`JNIGXA'I'YON P120FERTY Parcoi 1- 6~uddrant Consulting, Inc, A parcel being a portion ofLot 78, Block 1 of Spurwing Subdivision recorded in Book 69 of Piats at Pages 7104 thrcugh 7108 and a portion of Lot 1, Block l ofl3randt Subdivision recaxded in Book 59 of Plata at Pages 5785 and 5786, situated in a portion of the South % of the Southeast '/ and in a portion of the Southwest ~/ of Section 23, 'T'ownship 4 North, Range 1 West, Boise Meridian, Ada County, ldaho, being more particularly described as follows: Commencing at the section corner common to Sections 23, 24, 2S and 26 of said Township and Range; thence along fire section line common to said Sections 23 and 26 North 89°38'47" West 2596.97 feet to the FOI1V'1' O)?' 13EGYlYNCiVG; thence continuing along said section line ' North 89°38'47" West 33.00 feet to the seuth quarter eoraer pf said Section 23; thence continuing along said section line North 89°11'21" West 546.16 feat to apoint on the centerline ofI~Toxth Spurwing Way; thence departing from said section Line and continuing along said centerline the following courses:' North 00°48'56" Bast 842.09 feet; thence. 188,02 feet along a curve to the left, said curve having a radius~of 450A0 feet, a delta angle of 23°56'21" and a long chord bearing North 11°09'13" West 186.65 feat; thence departing from said centerline South 89°] 1'04" Past l $3,31 feet to a point on the nartherlyright-of--way of North Penncross Way; thanes along sold northerly right^of--way ' 481.22 feet along a curve to the left, said curve having a radius of 325.00 feat, a delta angle of 84°50'09" and a long chord bearing North 48°23'S 1"East 438.45 feet to a point on the north line of seed south z of the southeast % of Section 23; thence departing from satd northerly xight-of way and along said north line ' South 89°41'45" Past 374.50 fret; thence • South 00°27'09" West 479,91 feet; thence •North 89°41'45" West 272.00 Best; thence . South 00°27'09" West 841.15 felt to the FOlNT OTt BEGTNN11~1G. 1904 W. Uverland • Balsa, ID 83705 • Phone (208j 342.0091 Fox.~2o8i 342-0092 • vnvw.gvadrantco • Civ3f Engineedna •, 5utveying • •ConstNCfilon anagament , EXHIBIT A Annexation Property November 18, 2011 Page 2 of 2 Quadrexnt Consultl~g, Ina. Parcel 2 I,ot 53, Block 1 of Spurwing Subdivision, retarded in the office of the Ada County Reeordexas Instrument Number 95045763, Said Parcel 2 contains 12.19 acres, more or less. The total area of Pareals 1 and 2 combined is 30.00 acres, more or less REVD R4VAl- E3Y DEC 0 1 2011 M WORKS DEP7~C EXHIBIT A November I8, 2t}1 l Page t of 2 67uadrant Consulting, Inc, EIOIIBIT c<A~~ It~e 1Rb;2:ON1; . A parcel being ap'ortion of Lot 1, Block 1 of Brandt Subdivision recaxded in 13ock 59 of Plats at • kages 5785 and 5786, situated in a portion ofthe South %a of the Southeast'%, of Section 23, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the section•corner common to Sections 23, 24, 25 and 2b Of said Township and Range; thence along the section line common to said Sections 23 and 26 North 89°38'47" West 987.74 feet to the POINT OP' IiBGINNING; thence continuing along said section line North 89°38'47" West X609,23 feet; thence departing from said section line North 00°27'09" Bast 841.15 feet; thence South 89°4]'45" Fast 272.00 feet; thence • North 00°27'09" Fast 479,91 feet to the north lino of said south %z of southeast'/ of Section 23, thence along said north lice South 89°41'45" East X393,15 feet; thence departing from said north line South 00°48'23" West 903.94 feet; thence South 00°42'47" West 35,95 feet; thence North 89°41'25" West S0,7f feet; thence • South 00°22'17" West 382.60 feet io the POINT OF BEGINNING. , Said parcel contains 46,97 acres, more or less, • '• R1rVl FigVAL • BY pEC 0 1 201i• MERIDIAN PUBLIC WORKS DBPT. • 1909 W. Overland , • IIolse, ID 89705 • Phone 1208) 342-tl091 • Fox (2Utii 342-0092 • www.auaaronr,cc - • Civil Engineertng • Surveying • C•ansiructidn Management • ADA COUNTY RECORDER Christopher D. Rich AMOUNT 16,00 3 BOISE IDAHO ®229/2012 11:59 AM DEPUTY Bonnie Oberbillig y Stmpllille )wloctronic Reeordtng I (IIII! VIII 11111(IIIII 111111 IIII 111111 IIII 111111 III VIII IIII IIII ~ ~ A ~ DID a RECORllRb-REQUEST O~ r Ht1c & escrow oo. TITLEONE 801SE 11 Zn'i 5255 Order Number; A1198599 ST/l.P Warranty Deed For value received, Sea 2 Sea,1.LC, an fdaho limited liabfllty company the grantor, does herefiy grant, bargain, sell, and convey unto The Club at 5purwing, LLC, an Idaho limited liability company whose current address is 3405 E. Overland Road, Sfe 150, Meridian, Idaho 83642 the grantee, the following described premises, in Ada County, Idaho, to wit; A parcel of land located In the South half of the Southeast quarter of Section 23, Township 4 North, Range 1 West, Boise Merld(an, Ada County, Idaho, being a portion of Lot 1 In Block 1 of Brandt Subdivision, according to the official plat (hereof, filed In Book 59 of Plats at Pages 5785 and 5786, records of Ada County, ldalio, being Parcel A of Record of Survey No, 7511 recorded August 11, 2006 as Instrument No.106129474, more particularly described as follows, Commencing of a point, marking the corner common to Section 23, 24, 25 and 26, Township 4 North, Range 1 West, Boise Meridian, from which the quarter corner common to said Sections 23 and 26 bears North 89°38'47" West, 2629.97 feet; thence,along the centerline of N, Linder Road North 00°47`29" East, 40,00 feet to a point on the centerline of N. Linder Road; thence North 89°39'09" West, 60,01 feet to a point on the northeriyright-of way line of W, Chinden Boulevard; (hence, along the said northerly )fne the following courses; Northwesterly along said curve to the left having a radius of 34417,48 feet, an arc length of 21.21 feel, Through a central angle of 0°02'07" and a chord bearing and distance of North 89°37'43" West, 21.21 feet; thence, on a line tangent from said curve, North 89°38'47" West, 906,82 feet to the Point of Beginning; thence continuing along said northerly Ilne, North 89°38'47" West,1609,17 feet fo the westerly Ilse of said Lot 1; thence, along the westerly line of sa(d Lot 1, North 00°27'09" East, 801.06 feet; fhence along the southerly and easterly line of a parcel of land described in Deed )nstrument No.101128387, records ofAda County, Idaho, the following courses; South 89°41'45" East, 272,00 feet; thence North 00°27'09" bast, 480.00 feet to the northerly Ilne of said Lat 1; thence, along said northerly line South 89°41'45"East, 1393,14 feet to the nalihwesterfy cornerof Lot 10, Block 1, Brandt Subdivision; thence, along the westerly Ilne of Lots 10, 9, 8, 7 and 6, Block 1 of said subdlv(sion, South 00°48'23" West, 903.94 feet to the southwesterly corner of said Lot 6; thence South 00°42'47" West, 35,95 feet; thence, North 89°41'25" West, 50,71 feet; thence, South 00°22'17" West, 342,60 feet to the Pont of Beginning, Excepting Therefrom: Tzt;leOne n title s escrow co. Order Number; A1198599 ST/LP Warranty Deed For value received, r~~ T~IICALi~v ~~c~~~~a ~NCORpp A`i'Et~ AfiR ~t~ 0 F 7`f•1~ f~RtCl~IAL OOClJM~lUY: Sea 2 Sea, l.LC, an Idaho limi#ed liability company the grantor, does hereby grant, bargain, sell, and convey unto The Club at Spurwfng, L1.C, an Idaho limited liability company whose current address is 3405 E. Overland Road, Ste 150, Meridian, Idaho 83642 the grantee, the following described premises, in Ada County, Idaho, to w(t: A parcel of land located in the South half of the Southeast quarter of Section 23, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, being a portion of Lot 1 in Block 1 of Brandt Subdivision, according to the official plat thereof, filed in Book 59 of Plats at Pages 5785 and 5786, records of Ada County, Idaho, being Parcel A of Record of Survey No. 7511 recorded August 11, 2006 as Instrument No. 106129474, more particuiarfy described as follows: Commencing at a point, marking the corner common to Section 23, 24, 25 and 26, Township 4 North, Range 1 West, Boise Meridian, from which the quarter corner common to said Sections 23 and 26 bears North 89°38'47" West, 2629.97 feet; thence,along fhe centerline of N. Linder Road North 00°47'29" East, 40.00 feet to a point on the centerline of N. Linder Road; thence North 89°39'09" West, 60.01 feet to a point on the northerly right-of-way line of W. Chinden Boulevard; thence, along the Bald northerly line the following courses; Northwesterly along said curve to the left having a radius of 34417.48 feet, an arc length of 21.21 feet, through a central angle of 0°02`07" and a chord bearing and distance of North 89°37'43" West, 21,21 feet; thence, on a line tangent from said curve, North 89°38'47" West, 906.82 feet to the Point of Beginning; thence continuing along said northerly line, North 89°38'47" West,1609.17 feet to the westerly line of said Lot 1; thence, along the westerly line of said Lot 1, North 00°27'09" East, 801.06 feet; thence along the southerly and easterly line of a parcel of land described in need instrument No. 101128387, records of Ada County, Idaho, the following courses; South 89°41'45" Easf, 272,00 feet; thence North 00°27'09" East, 480.00 feet to fhe northerly line of said Lot 1; thence, along said northerly line South 89°41'45"East,1393.14 feet to the northwesterly corner of Lot 10, Block 1, Brandt Subdivision; thence, along the westerly line of Lots 10, 9, 8, 7 and 6, Block 1 of said subdivision, South 00°48'23" West, 903,94 feet to the southwesterly corner of said Lot 6; thence South 00°42'47" West, 35.95 feet; thence, North 89°41'25" West, 50.71 feet; thence, South 00°22'17" West, 342.60 feet to the Point of Beginning. Excepting Therefrom; A Tract of land conveyed fo the State of Idaho, Idaho Transportation peparfinent, by a Warranty Deed recorded May 19, 2011 as Instrument No.111041346, records of Ada County, Idaho, being a part of Lot 1 in Block 1 of Brandt Subdivision, according to the official plat thereof, fled in Book 59 of Plats at pages 5785 and 5786, records of Ada County, Idaho, situated in the Southeast quarter of the Southeast quarter of Section 23, Township ~ North, Range 1 West, Boise Meridian, Ada County, Idaho, described as follows; Commencing at an aluminium cap which monuments tha Southeast corner of said Section 23, which bears South 89°38'43N Past a distance of 2630.00 feet from an aluminium cap which monuments the South quarter comer of said Section 26, thence following the Southerly line of said Southeast quarter of the Southeast quarter North 89°38'43" West a distance of 987.75 feet to a point; thence leaving said Southerly line North 0°22'21" Past a distance of 40.00 feet to a point on the Northerly right-of way line of W. Chlnden Boulevard and being the point of Beginning; thence following said Northerly right-of--way line North 89°38'43" West a distance of 677.22 feet to a point; thence leaving said Northerly right-of-way Ifne North 0°21'17" Past a distance of 30.00 feet to a point; thence South 89°38'43" Past a distance of 677.23 feet to a poin#; thence South 0°22'21" West a distance of 30.00 feet the Point of Beginning. To have and to hold the said premises, with their appurtenances unto the said Grantee, (ts heirs and assigns forever. And the said Grantor does hereby covenant to and with the said Grantee, that Grantor is the owner in fee simple of said premises; that they are free from all encumbrances except those to which Phis conveyance is expressly made subject and those made, suffered or done by the Grantee; and subject to ail existing patent reservations, easements, right(s) of way, protective covenants, zoning ordinances, and applicable building codes, laws and regulations, general taxes and assessments, including Irrigation and utility assessments (if any) for the current year, which are not due and payable, and that Grantor will warrant and defend the same from all (awful claims whatsoever. Whenever the context so requlre~r•th~ singular number includes the plural. Dated: Febr~tdry 28;2012 .i Sea 2 Sep; LLC, an l~aho limited liability company BY; Foothil~f~rfight~'~l .l..C., an Idaho limited liability company, its: Managing Member Creston Thornton Manager STATE OF Idaho County of Ada) ss. On this ~µday of February, 2412, before me, the undersigned, a Notary Public in and for said State, personally appeared Creston Thornton, known or identified to me to be the Manager of Foothill Knights, L,L•C•, said limited liability company known to me to be the Managing Member of Sea 2 Sea, LLC, the limited liability company that executed the instrument and acknowledged to zne that he executed the same for and on behalf of said limited liability company and that said limited liability company executed on behalf of Sea 2 Sear, LLC, and that said limited liability company executed it. IN WITNESS WHEREOF, I have hereunto set my hand and aflzxed my oflzcial seal the day and year in this certificate first above written. ~~tit~~nirr~q . ~ ® ® NOTARY PUBLIC for Id o -, ~ ~; Z~OTAkr My Commission Expires; ® -•- SCOi"i pn!~1..1Nr AU I3 LAC R~SIDlI:G: ~Ri~l,r:, !I) ` ~ ~ OF ~~~0`, CO(ti4Nii&~~iC~rt! ~i;(~ii~E~: 11-c^^.~~-1:3 ~~, ~rNn1~N~ r~i ian ity ®1 in ~ a , ;-;~ . ~. . ,i~ q 1 T a April 24, 2012 IT 9A J T . ITEII~ TITLE: ontinue from pril 1 , 01 ulic ofl'lnlf1 on Proposed Outdoor Sales and Temporary Uses Code Update -Increased Time Limits for Temporary Sales Units and Garage Sales, Temporary Construction Site Standards Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION ®ATE: IE-~STAFFTOI AG NCOY I APPLICANT ( NOTES I INITIALS i ii I UIL LI I I -U T ®ATE it , STEM PROJECT NUMBER PROJECT NAME Temporary Use Code Updates PLEASE PRINT NAME FOR I AGAINST I NUTRALI ~® ian iy urrc®1 ein A :April 24, 2012 IT U 9 J 1' I1°IENI TITLEe Continued from April 1 01 :First ein of rdinance o. 1-1506 Outdoor Sales and Temporary Uses Code Update, Increasing Time Limits for Temporary Sales Units and Garage Sales, Adding Standards for Temporary Construction Sites Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: IE~MSTAFD TOI AGENCY I APPLICANT I NOTES ( INITIALS 1 CITY OF MERIDIAN ORDINANCE NO. - r`{ ~ ~% BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING MERIDIAN CITY CODE SECTION 3-4-3(C)(5)(c), RELATING TO TIME LIMITATIONS FOR TEMPORARY SALES UNITS; AMENDING MERIDIAN CITY CODE SECTION 3-4-3(C)(7)(E), RELATING TO NUMBER OF SIGNS FOR OUTDOOR MARKETS; AMENDING MERIDIAN CITY CODE SECTION 3-4-3(C)(8)(b)(1), RELATING TO FREQUENCY OF GARAGE SALES; AMENDING MERIDIAN CITY CODE SECTION 3-4-3(C)(9), RELATING TO LITTER AT CONSTRUCTION SITES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, by the adoption of Ordinance nos. 08-1354, 08-1371, 08-1356, 09- 1430, 10-1453, and 10-1464, the City Council of the City of Meridian has instituted a procedure by which outdoor sales and temporary uses occurring in the City of Meridian are required to meet minimum standards for the purpose of protecting the health, safety, and welfare of Meridian residents and other participants in such outdoor sales and temporary uses; WHEREAS, the permitting procedure and standards have been found to encourage outdoor sales and temporary uses that complement permanent City of Meridian businesses; that are safe, attractive, and desirable; that add variety to the shopping and/or dining opportunities available in Meridian; and that support and facilitate community events and celebrations; WHEREAS, the changes to the Outdoor Sales and Temporary Uses ordinance set forth herein are intended to improve and refine the processes and standards established therein, specifically, to length the allowed time period for temporary sales units and to clarify the provisions establishing the allowed frequency of garage sales; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO: Section 1. That Meridian City Code section 3-4-3(C)(5)(c) is hereby amended to read as follows: 5. Standards For Temporary Sales Units: ~~* c. For temporary sales units that stay on the site for the full duration of the use, such uses shall be limited to a period of time not to exceed ~~) ninet 90 days, whether such days are consecutive or not, per property per calendar year. The location of a temporary sales unit on a site for any portion of a day shall constitute one day for purposes of this subsection. MAY 2012 UPDATE OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 1 OF 5 q,® ®1 Section 2. That Meridian City Code section 3-4-3(C)(7)(e) is hereby amended to read as follows: 7. Standards For Outdoor Markets: ~~~ e. The following provisions shall apply to any and all temporary signs related to an outdoor market: (1) It shall be unlawful for any person to install, erect, post, or display or to allow or cause the installation, erection, posting, or display of a temporary sign or temporary signs where the quantity or dimensions thereof exceed the limitations set forth in this subsection. No more than +.< °~ ten 10 temporary signs with an area not to exceed six (6) square feet shall be installed, erected, posted, or displayed for the purpose of identifying, promoting, advertising, or directing patrons to an outdoor market. No more than four (4) temporary signs with an area not to exceed thirty two (32) square feet shall be installed, erected, posted, or displayed for the purpose of identifying, promoting, advertising, or directing patrons to an outdoor market. (2) It shall be unlawful for any person to install, erect, post, or display or to allow or cause the installation, erection, posting, or display of any temporary sign identifying, promoting, advertising, or directing patrons to an outdoor market upon any property without the permission of the owner of such property. (3) Any and all temporary signs identifying, promoting, advertising, or directing patrons to an outdoor market shall be removed within twenty four (24) hours of the close of such outdoor market. Section 3. That Meridian City Code section 3-4-3(C)(8)(b)(1) is hereby amended to read as follows: 8. Standards For Garage, Yard And Similar Sales: ~~~ b. It shall be unlawful for any person to conduct a garage sale at any one address: (1) At which four (4) or more garage sales have been conducted by any person within the r °,a:~n +'~<•°° ~,,,,,a<•°~' ~ ~+<, ~<,° ~~ tip` a.,<.~. current calendar year. (2) At which a garage sale has been conducted by any person within the previous thirty (30) days. MAY 2012 UPDATE OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 2 OF 5 -1 (3) For longer than three (3) consecutive days. (4) Between the hours often o'clock (10:00) p.m. and six o'clock (6:00) a.m. Section 4. That Meridian City Code section 3-4-3(C)(9) is hereby amended to read as follows: 9. Standards For Temporary Construction Sites: a.Temporary construction site property owners shall comply with all provisions and standards of this chapter and any and all applicable provisions of law, except that a city of Meridian temporary use permit shall not be required, and the provisions of subsections B 1 through B6 of this section shall not apply. b. It shall be unlawful for any person to operate a temporary construction site on a property at which there is no approved and valid plat, certificate of zoning compliance, and/or building permit. All temporary construction sites shall be consistent with such approved plat, certificate of zoning compliance, and/or building permit. c. It shall be unlawful for any person to conduct processing or other industrial activities on a temporary construction site unless such activities are directly associated with a valid plat, certificate of zoning compliance, and/or building permit. d. It shall be unlawful for any person to store materials and/or equipment on a temporary construction site that are not directly associated with a valid plat, certificate of zoning compliance, andlor building permit. e. It shall be unlawful for any person to place construction management trailers on a temporary construction site unless such trailers are needed to supervise the temporary construction site on a regular basis. £ It shall be unlawful for any person to operate a temporary construction site in any manner which creates a hazard to public health or safety. g. It shall be unlawful for andperson to store construction materials or equipment in or upon a public right-of--way, except as specifically allowed by license or permit issued bathe right-of--way agency. h. Discarded materials, rubbish, and ag rbage generated at or carried onto a temporary construction site shall be enclosed in a container meetin tg he reduirements of Title 4, Chapter 1, Meridian Cit~ode. Vii. Temporary construction site property owners shall incorporate all extracted materials into the site design and/or development of the property and/or adjoining MAY 2012 UPDATE OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 3 OF 5 ® P properties. Where such materials are not or cannot be incorporated into the design and/or development, the use shall be deemed a construction sand and gravel mining operation and shall comply with title 11 of this code. 1}i Persons operating a temporary construction site shall accomplish such activity in a time frame appropriate to the size and/or area of the development as determined by the planning director. Where such activity is not accomplished in an appropriate time frame, the use shall be deemed a construction sand and gravel mining operation and shall comply with title 11 of this code. gl~. The provisions of section 11-3D-7 of this code shall apply to any and all signs on the temporary construction site. Section 5. That this ordinance shall be effective immediately upon its passage and publication. PASSED by the City Council of the City of Meridian, Idaho, this day of 2012. APPROVED by the Mayor of the City of Meridian, Idaho, this day of 2012. APPROVED: Tammy de Weerd Mayor ATTEST: Jaycee Holman City Clerk MAY 2012 UPDATE OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 4 OF 5 - ~1 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO LC. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 12- AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING MERIDIAN CITY CODE SECTION 3-4-3(C)(5)(c), RELATING TO TIME LIMITATIONS FOR TEMPORARY SALES UNITS; AMENDING MERIDIAN CITY CODE SECTION 3-4-3(C)(7)(E), RELATING TO NUMBER OF SIGNS FOR OUTDOOR MARKETS; AMENDING MERIDIAN CITY CODE SECTION 3-4-3(C)(~)(b)(1), RELATING TO FREQUENCY OF GARAGE SALES; AMENDING MERIDIAN CITY CODE SECTION 3-4-3(C)(9), RELATING TO LITTER AT CONSTRUCTION SITES; AND PROVIDING AN EFFECTIVE DATE. The full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Broadway, Meridian, Idaho. This ordinance shall become effective upon its passage and publication. City of Meridian Mayor and City Council By: Jaycee Holman, City Clerk First Reading: Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code § 50-902: YES NO Second Reading: Third Reading: STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 12- The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance no. 12- of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50-901A(3). DATED this day of , 2012. William. L.M. Nary, City Attorney MAY 2012 UPDATE OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 5 OF 5 LEGAL NOTICE CITY OF MERIDIAN SEEKS PUBLIC COMMENT ON POSSIBLE CHANGES TO THE TEMPORARY USE ORDINANCE As part of the City's effort to involve the public in the process, the City Council will be hearing public comment at the City Council meeting held at 7:00 pm. on March 20, 2012, in the City Council Chambers, Meridian City Hall, 33 East Broadway Avenue, Meridian, Idaho 83642. This will allow the public to comment on the City's consideration of changes to the City of Meridian's Temporary Use Ordinance and license application process. Written comments may be submitted by mail to the Meridian City Clerks Office, 33 East Broadway Avenue, Meridian, Idaho 83642 up to the hearing date; or you may e-mail your comments to clerk@meridiancity.org. Your e-mailed comments must have your name and a contact phone number included in the e-mail in order for your comments to be included in the public record. You may also appear at the March 20, 2012 City Council Meeting to submit your comments in person. Publish: March 12th and 19th, 2012 LEGAL• NOTICE • CITY OF MERIDIAN SEERS PUBLIC COMMENT ON ~'OSSIBLE CHANGES TO THE TEMPORARY USE ORDINANCE A;:part of the City's effort to involve the public in'the process, the City Council wlll,be hearing public comment at the City Council meeting held at 7:00 p.m.~on=M~rch320th,~r 2112 in the city Cpuncil Chambers; Meridian City Hall, 33 East Broadway, Avenue, IMeddian, Idaho 83642. This wlll allow the puiilic to comment op the City's. consideration of changes to the City of Meridian's Temporary'Use.Ordinance and license application process: written comments.may be submitted by mall tothe Meriitiart City Clerlt's.pffice, 33 EasfBroadway Avenue, Meridian, Idaho 83642 up to the hearing date; or you may e- egall youtcomments to clerk@meridianeity,org: Your e-mailed comtrients;musthave your name and a.contact.phone number included in the a-mail in corder for your comments to be included in'the'~lublic tehoed: You may also appear at the:March20W,,20I2 City Cour-cll meeting Co subriiit your comments in person. Pahhsh March 12~aaA L9th,_2012 .:. N .-i O ~./ ( ~ ~ ~ O Y c =h = O O '~ ~~ ~ C C ~ ,~ 2 'G - 'i a'=. ~ N .--i M C ~L a a~ V C (C C '~ N (LO a O ~ O F O U M O ~ .~ C ~ ~ po~~ ~ E w~ ~ ~ -~ ~ ,~ o U ~ t~~v .~ I- c :n^ a; E c'no~ ri in ity tanc®1 ®n T :April 24, 2012 11' lJ : 9C J 1° lJ : i-rEnn rtTL~: ulic oment on rooe rinance earin okin roduct ales and Consumption Community Item/Presentations Presenter Contact Info./Notes CLEI4KS OFFICE FINAL ACTION DATE: IE-MSTA D TOI AGENCY I APPLICANT I NOTES I INITIALS ii IT UI I IN I - PLEASE PRINT NAME FOR I AGAINST I NUTRALI ~i ian iy ncil tin T a April 4, 2012 I 9 J T i-rEnn TiTL~a rinnc o. /O`'/ Smoking Product Sales and Consumption CLERKS OFFICE FINAL ACTION DATE: IEvMSTAFF T°I AG NCOY ( APPLICANT I NOTES ( INITIALS CITY OF MERIDIAN ORDINANCE NO. ®~ / BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA AN ORDINANCE OF THE CITY OF MERIDIAN ADDING A NEW SECTION TO TITLE 6, CHAPTER 4, MERIDIAN CITY CODE, SECTION 6-4-7, REGARDING SMOHING PRODUCT SALE AND CONSUMPTION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, scientific studies have concluded that smoking, regardless of the method of ingestion, exposes the smoker and those nearby to dangerous chemicals and causes and contributes to chronic lung disease, coronary heart disease, stroke, cancer of the lungs, and other cancers; WHEREAS, every day nationwide, four thousand children try smoking for the first time, and one thousand become new, regular smokers, and prohibiting access of minors to social gathering places where tobacco is sold and consumed will work to discourage this trend in our community; WHEREAS, quiet hours in the City of Meridian are between 11:00 p.m. and 6:00 a.m., and retail stores with tobacco consumption areas are known to be the source of noise during these times due to amplified music and increased pedestrian and vehicular traffic; and WHEREAS, the City Council of the City of Meridian finds that it is in the best interest of the health, safety, and welfare of the people of Meridian to regulate the time, place, and manner of operation of businesses that contain tobacco consumption areas in order to minimize the harmful effects on our community related thereto; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That a new section is hereby added to Title 6, Chapter 4, Meridian City Code, section 6-4-7, to read as follows: 6-4-7: SMOHING PRODUCT SALE AND CONSUMPTION: A. Definitions. For purposes of this section, the following terms shall be defined as follows: 1. OPERATOR: Any person, sole proprietor, partnership, or corporation owning or operating a tobacco consumption establishment or tobacco retail store. This definition shall include such operator's agents, employees, volunteers, partners, and officers. 2. SMOKING PRODUCT CONSUMPTION AREA: An enclosed or designated area where smoking is allowed and to which the public is invited or permitted, including such area accessible only by invitation or membership or upon payment of admission. ORDINANCE REGULATING SMOKING PRODUCT SALES AND CONSUMPTION PAGE 1 OF 3 3. SMOKING PRODUCT RETAIL STORE: An establishment that sells, offers for sale, offers for trade, or offers free of charge tobacco, smoking products, or products containing or related to tobacco or smoking products. 4. SMOKING PRODUCT: Any substance, including tobacco, herbs, incense, or any blend thereof, or any other product used or intended for inhalation which is, or which mimics, the effects of a controlled substance or tobacco product. 5. SMOKING: Inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, pipe, waterpipe, hookah, or any other lighted or heated smoking product, in any manner or in any form. This term shall include the use of an e-cigarette or other like product which creates a vapor, in any manner or in any form, or the use of any oral smoking device. B. It shall be unlawful for the operator of any property or establishment containing a smoking product consumption area to: 1. Allow any person under the age of eighteen (18) years in a smoking product consumption area. 2. Operate, or allow the operation of, or allow persons to occupy, such establishment between the hours of 11:00 p.m. and 6:00 a.m. 3. Sell, or offer for sale, any food or beverage for on-premise consumption. C. The prohibitions of section 6-4-7(B) shall not apply to: 1. A smoking product retail store which does not contain a smoking product consumption area. 2. Premises licensed to sell alcohol for on-premises consumption. Section 2. That this ordinance shall be effective immediately upon its passage and publication. r PASSED by the City Council of the City of Meridian, Idaho, this ~ day of , 2012. `/A , APPROVED by the Mayor of the City of Meridian, Idaho, this ~ day of , 2012. APPROVED: Tammy ~~ JJi1JJeerd Mayor -QOgpTEDAj/C~Sr r 5'GO .~~0°w Ciry of IOAFIC ~F SEAL y r~Q°<<1e TItEA9~~~~ ORDINANCE REGULATING SMOKING PRODUCT SALES AND CONSUMPTION PAGE 2 OF 3 ri ian ity until ®n Public Hearing -Two year time extension on the preliminary plat in order to obtain the City Engineer's signature on a final plat by M2 Land, LLC -SEC of N. Meridian Road and E. McMillan Road Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: IE_MSTAFFTOI AGENCY I APPLICANT I NOTES ( INITIALS er®®n iy until in T :April 24, 2012 11" l1 9 J u :VAR 12-001 ITEM TITLE: eridian and ity Public Hearing -Variance to UDC 11-3H-4 which prohibits new approaches from directly accessing a state highway to allow three access points; two right-in/right-out access points at the eighth mile and one right-in/right-out/left-in access point at the quarter mile to S. Meridian Road (SH 69) by Hawkins Companies - w/side of S. Meridian Rd, between W. Amity Road and W. Harris Street Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION I DATE: IE-MSTAFFTOI AGENCOY I APPLICANT I NOTES I INITIALS I ri i n iy rtcil tin State of the City for aNot-to-Exceed Amount of $7,870.00 ~P~YI.?7n.u~~' 77I 'f~~~.... 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CR w*a fi y. y ti fa ~ py ,,.,~ S, , y r 'r Q ~...~.~ ,., ~ ~ "U ~ fl a _ ~ N t~ iP1 ~ N C7 W ~ N ~ N ~ N O ~ ~ -~ W S _ A ~ N d ~A v W ~ ~ va N O ~ ~ ~ {p ~ (% ._ ~~ n 0 ~ ~ ~ rr 1 1, ~ ~ V ~ O ~ X" r~I y^ ~ ~ ,p Q ~ yy ~ ~ '."i .-. ~ ~ ~ ~ rn ~ ~ ~ ',~ ~ ~ b ~ Q N ~ ~ ~ ~ ~ C7 n ro ~ K a ~ a c i~ ~ ~ ~ ~ ~ 3 ° ~~ t ~ Z ~~ rrn--p ~ ~ m cn .~~ ~ ~ ~' rn rn ~ r ~ r cn ~" "~~ Ci C 'i) ~, Uzi r ~~ ~<'~r° rn~l~~ '~> 7- ~ 4 Cf'. Cil ~~* ~_ >~ ~ ~ ~ o "1 ~ .j ~°°''. ~ti 'ev~ `^,. 4" -~" D ~+ ~ , i ~ ~ C,~ m ~ ~ N rn ~ ~ o Z n Z a ~ ~ C:3 ; ~° FF i`~E 1l.~ ~, ~ ~ ~ ~ X7 O ~ ~ d .~ ti. W ~ ~ ~ y~ I'1 -n ~' ro ro 0 rn i la V ro °, '~ --1 ro Nom' 0 n D d tD ~ ~ ~ <~ ro N ~`! (~ N ~. C1 »p ri i n iy until satin a April 24, 2012 IT l1 0 10 T a iT~nn TITLE: larks ffice: proval o 01 - 013 w Liquor License Application for DKF Investments dba Harry's Hideaway Bar and Grill located at 2032 E. Overland Rd. Suite 130. Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION I DATE: IE-MSTA D TO) AGENCY I APPLICANT I NOTES I INITIALS I PENDING C(IUNT~' Qdoba Mexican Grill #473 Qdoba Mexican Grill #474 Red Robin Brew52 Jakers Bar & Grill 3068 Overland Rd. 3319 N. Eagle Rd. 1475 N. Eagle Rd. 501 S. Main St. 3268 E. Pine Ave. NEW L1Cf;IISB PENDIN~i ~O~TN~I' Harrys Hideaway Bar & Grill 2032 E. Overland Rd. #130 JBs Restaurants (New Liquor) 1565 S. Meridian Rd. BW BW BWL BWL BWL BWL BWL ri ian ity c-nil satin T a April 2, 2012 IT' ~ 10 I DATE: IE-MSTAFD TOI AGENC® ( APPL CANT I NOTES I INITIALS ( ~i ian ity until i ~Qdoba Mexican Grill #473 3068 Overland Rd. BW Qdoba Mexican Grill #474 3319 N. Eagle Rd. BW Red Robin 1475 N. Eagle Rd. BWL ~Brew52 501 S. Main St. BWL ~Jakers Bar & Grill 3268 E. Pine Ave. BWL -I~~w~e~ U~Ctiti~.a~~S Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: IE-MSTL~ED TO) AGENCY ( APPLICANT I NOTES ( INITIALS PE~~~~ c~V~~T Qdoba Mexican Grill #473 3068 Overland Rd. BW Qdoba Mexican Grill #474 3319 N. Eagle Rd. BW Red Robin 1475 N. Eagle Rd. BWL Brew52 501..5. Main St. BWL Jakers Bar & Grill 3268 E. Pine Ave. BWL ~T>CW License PEA IG C"(~I~I'I'~' Harrys Hideaway Bar & Grill(New Liquor) 2032 E. Overland Rd. #130 BWL JBs Restaurants (New Liquor) 1565 S. Meridian Rd. BWL ~-id®an iy until ®n T a Ar,ril 24. 2012 IT lJ ~_ J `~~ Il'Et~l TITLE: provl ®f ward of i for " moke lr" to Lowes Home Centers and Business Services and Authorize the Purchasing Manager to Issue Purchase Orders for aNot-to-Exceed Total of $98,940.50 Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: IE-MSTAFF TOI AGENCOY ( APPL CANT I NOTES ( INITIALS ~~~~ {~~l~ik~~~~~~ar~~~1 To: Jaycee L. Holman, City Clerk, From: Keith Watts, Purchasing Manager CC: Pam Orr, Jacy Jones Date: 4/18/12 e: April 24 City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the April 24 City Council Agenda under Fire Department Report. Approval of Award of Bid for "Smoke Alarms" to Lowes Home Centers and Business Services and authorize the Purchasing Manager to issue purchase orders for aNot- To-Exceed total of $98,940.50. This award is the result of Formal IFB #FD-12-4009 issued March 23~d and opened April 12~' and is being funded by the FY2010 Assistance to Firefighters Grant Program -Fire Prevention and Safety Grant. Eight bids were received and several were deemed non-responsive as not able to meet the delivery deadline of the grant. Recommended Council Action: Approval of Award of Bid and Authorize the Purchasing Manager to issue and sign the purchase orders for the Not-To- Exceed amount of the Low Bids totaling $98,450.50. Thank you for your consideration. ® Page 1 N ~ ~ ~ N ~ J ~C) T 2 ~ M ~ ~ C .i Cy Q ~ p Q ® V 4- ~ ~ J ui h- h pp ~ c~ ~ = W ~ Z U W ~ ® ~ Q f9 ^ ® 2 ~ r-. C a .~ ~ a I® w ° ° ~- cn ~ ~! ® m ~ ~ Q U ~ ~ ® ~ Q p ~ *+ r Q .C L Q , ^ ^ N ~ N m ,.,~ pau6i E o ~ o Q N ~ O r ~ W Q Z Z ~ ® W m m > 0 ° 0 0 O N M O O O N O .~ .~ ~ .N .~ .N .~ r O O H O O O Q ~p N ~ N N N ~ W ~ W W ~ W ° ° ~ ° ° ° ° ~ z z z z z z 0 0 0 ~ ~ o ~ o ~ ~ ~ ~ ~ o ~ o O ~ (~D O O N Q ~ ~ ~ ~ C~ M C 7 N N M N d ' ~ ~ ~ ~ ~ 0 0 0 ~, ~, ~, z z ~ z ~ ° O ° ° ° ° ~ O o ~ ~ o ~ o I~ C~ C'~ N ~cn ~ ~tA ~ C7 O): C7 f~ C N C r C'7 (~'} to 00 O ~ O ~ 67 r N r d7 r (O r ~ Ln r ~ ~ Ln N ~ ~ O O ~' ~' X X X X X X X X c 0 U ~ 7 ~ ~ N U O U N U U , c4 . „~ o ~ o U (n ~ W ~ v ~ ~ . ~ U ~ ~ ~ ~ z ~ .~ ¢ ~ m 0 ~ - ~ ¢ ~ W Z Q 2 Q Y .Q a a~ e a> a O O J a .a O a> Q l1RDHA11dC DE~-Ft°fNi NT 33 East Broadway Ave. Ste. 106, Meridian, ID 83642 Phone: (208) 888-4433 x417 Fax: (208) 887-4813 INVITATION FOR BID I IDS MU C IV 10 T 2:30 I DELIVER To: CITY OF MERIDIAN, PURCHASING DEPARTMENT 33 EAST BROADWAY AVENUE, STE 106 MERIDIAN, ID 83642 rreparea py Kean watts ~___ NAME AND ADDRESS OF VENDOR SUBMITTING BID NAME: ADDRESS: DATE" BID TO THE CITY OF MERIDIAN MERIDIAN, IDAHO PURCHASING MANAGER FOR: SMOKE ALARMS BID NO. FD-12-4009 Name of Bidder BIDS MUST BE RECEIVED BY THE PURCHASING DEPARTMENT 33 EAST BROADWAY AVE., STE 106 PRIOR TO 2:30 P. M. ON APRIL 16, 2012 Telephone Type of Business: [ ]Individual doing business under own name [ ]Corporation [ ]Individual doing business using a firm name [ ]Partnership [ ]Joint venture (Please attach Joint Venture Agreement) [ ] LLC (Limited Liability Corporation Business Address: Street City State Zip Code Business Email Address: To the City of Meridian: The undersigned, as bidder, certifies under penalty of perjury that the only persons or parties interes#ed in this bid as principals are those named herein as bidder; that this bid is made without collusion with any other person, firm, or corporation; that in submitting this he/she has examined the "General Conditions and Instructions to bidders" and the specifications; that he/she proposes and agrees if this bid is accepted, he/she will perform all the work and /or famish all the materials specified in the contract, in the manner and time therein prescribed, and according to the requirements as thein set forth; and that he/she will take in full payment therefore, the prices set forth in the attached schedule. Typed or Printed Name and Title Signature Address (if different than above business address) Page 2 of 12 PROJECT ®ESCRIPTION The Ci#y of Meridian is requesting bids for Smoke Alarms. CITY'S REPRESEfVTATIV S Purchasing Representative Technical Representative Keith Watts, Purchasing Manager 33 East Broadway Ave Meridian, ID 83642 (208} 489-0417 Fax (208) 887-4813 kwatts(a~meridiancity org Pam Orr, Fire Education Prevention Specialist 33 East Broadway Ave Meridian, ID 83642 (208} 888-1234 Fax (208) 885-0390 porr(a7meridiancity.org Any and all explanations desired by a respondent regarding the meaning or interpretation of this Invitation for Bid or any part thereof must be requested in writing and directed to the person named as the Purchasing Representative and in accordance with "Additional Terms and Conditions (Bid Inquires). Violation(s) may be caused for rejection of the Bid. Dated: c,~ ~. i 2 CITY OF MERIDIAN f _. Keith W s, rchasing Manager Page 3 of 12 ®ECLAIRATION UNDER PENALTY ®F PERJURY PLEASE REA® CAREFULLY BEFORE SIGNING To be signed by authorized corporate officer or partner or individual submitting the bid. EXAMPLE If bidder is: Sign: 1. An individual doing business ........................ Under own name. 2. An individual using a firm name .................... 3. A partnership ........................................... 4. A corporation ........................................... Typed or Printed Name and Title Your name only John Doe, an individual doing business as Blank Company John Doe and Richard Roe, partners doing business as Blank Company, by John Doe, Partner Blank Company, by John Doe, Secretary (or other title) Signature -- Address (if different than above business address) FOR CITY USE ONLY Bid was opened on above date at prescribed place. Bid bond required; [ X ] No [ ]Yes Amount $ Received: [ ]Cashiers or Certified Check drawn on a Idaho bank [ ]Surety Bond Purchasing Manager, City of Meridian Page 4 of 12 i t i u~i i Bid must be submitted on the form provided by and made available at the office of the City of Meridian Purchasing Department. All items shall be filled in and the signatures of all persons signing shat! be written Bids shall be delivered to the City Purchasing Department, 33 East Broadway Avenue, Ste. 106, Meridian, ID 83642 prior to 2:30 P.M. on APRIL 16 2012. Bids, received after that time will be returned unopened to the respective bidder and will not be considered for evaluation. Mistakes must be corrected and the correction inserted; correction must be initialed in ink by the person signing the Bid. All bids shall be submitted in a sealed envelope and clearly identified on the outside to read: a) SMOKE ALARMS b) FD-12-4009 (Bid Number) c) APRIL 16, 2012 (Due Date) Bids shall be opened in public at 2:30 P.M. on said date. 2. Alternate bids will NOT be considered unless otherwise stipulated. 3. If required, before award or execution of the contract by the City, the Contractor shall file with the City a surety bond satisfactory to the City in the amounts and for the purpose noted. Bonds shall be duly executed by a responsible corporate surety, authorized to issue such bands in Idaho and secured thorough an authorized agent with an office in Idaho. Contractor shall pay all bond premiums, costs and incidentals. 4. The City reserves the right to waive any informalities or minor irregularities in connection with the bids received. 5. All provisions of the City code are applicable to any bid submitted or contract awarded pursuant thereto. 6. If equipment is proposed, it is to be newest and latest model in current production. Used, remanufactured, shopworn, demonstrator, prototype or discontinued models are not acceptable unless otherwise stipulated. 7. Within thirty (30) days after the bid opening, a contract may be awarded by the City to the lowest responsive and responsible bidder, subject to the right of the City to reject all bids, as it may deem proper in its absolute discretion. Page 5 of 12 The time for awarding a contract may be extended at the sole discretion of the City. If required to evaluate bids or for such other purposes as the City may determine, unless the bidder objects to such extension in writing with his bid. Factors used for determining a responsive and responsible bidder shall include, but are not limited to the following: a. The quality and performance of the supplies to be provided by the bidder, b. The ability, capacity and skill of the bidder to perform the contract or effectuate the transaction; c. The ability of the bidder to perform the contract or effectuate the transaction within the time specified, without delay;; d. The character, integrity, reputation, judgment, experience and efficiency of the bidder; e. The quality of bidder's performance on previous purchases by, or contracts with, the City; f. the ability of the bidder to provide future maintenance, repair parts and services for the supplies provided. ~, The City of Meridian does not discriminate on the basis of race, religion, sex, na#ional origin, marital status, age, physical handicap, ownership by women or minorities or sexual orientation. SUBJECT TO PARAGRAPH 4 ABOVE, THE CITY MAY NOT ACCEPT A I® FAILING T® COMPLY WITH ANY OF TFi ABOVE STATE REQUIREMENTS, Page 6 of 12 I The undersigned declares: that he/she holds the position indicating below as a corporate Officer or the owner or a partner in the business entity submitting this bid; that the undersigned is informed of all relevant facts surrounding the preparation and submission of this bid, that the undersigned knows and represents and warrants to the City of Meridian that this bid is prepared and submitted without collusion with any other person, business entity, or corporation with any interest in this bid. declare under penalty of perjury that the foregoing is true and correct. CONTRACTOR/FIRM: BY: TITLE: ADDRESS: EMAIL ADDRESS: PHONE NUMBER: DATE: L I 1° I Y T I I N °T I`TY Page 7 of 12 II IV L 1" N CN ITI N KAMINATION O CONTRACT DOCUMENTS The bidders shall carefully examine the specifications, and satisfy themselves as to their sufficiency, and shall not at any time after submission of the bid, dispute such specifications and the directions explaining or interpreting them. AWARD The City of Meridian reserves the right to make an award on any item, group of items in the aggregate to that/those lowest responsible contractors (s) whose bid (s) is/are mast responsive to the needs of the City. EVALUATION Ins ection Equipment and goods will be inspected before acceptance by an authorized representative of the City of Meridian for workmanship, appearance, proper functioning of all equipment and systems, and conformance to all other requirements of the specifications. If deficiencies are found, it shall be the responsibility of the contractor #o pick up the equipmentlgoods and replace for reinspection and acceptance. Payment will not be made until corrective action has been made. QUANTITIES Additions The quantity specified is based upon current known requirements and is subject to increase if mutually agreeable to both parties within 365 days of contract award. Said increase will be governed by the same terms and conditions of this Invitation for Bid. TIME OF PERFORMANCE AND DELIVERY SCHEDULE QUANTITY __ DESCRIPTION ANTICIPATED DELIVERY DATE 850 First Alert SA710LCN Long Life May 11 2012 Photo Electric Alarms , 2650 First Alert SA305CN3 Long Life May 11 2012 Ionization Alarms , 350 Lifetone HL 150 Alarms Ma 20, 2012 Upon receipt of a Notice of Award, the Contractor shall have 17 (seventeen) calendar days to complete the delivery as described herein. Contractor shall be liable to the Ci#y for any delay beyond this time period in the amount equivalent to dollar amount of items not received by the due date. Such payment shall be construed to be liquidated damages by the Contractor in lieu of any claim or damage because of such delay and not be construed as a penalty. Page 8 of 12 WARRANTY /GUARANTEE Contractor delivering equipment /goods against this specification shall guarantee that the equipment !goods meet the minimum requirements se forth herein. If it is found that the equipment /goads delivered do not meet the minimum requirements of this specification, the Contractor will be required to correct the same at the Contractor's expense. PURCHAS AGREEMENT DOCUMENTS A copy of the Notice Inviting Bids, General Conditions and Instructions to Bidders, Special Conditions, Additional Terms and Conditions, Specifications, Plans and / or l?rawings, Bidder's Submittal, and any other related documents will remain on file in the office of the City Purchasing Agent. It is understood that these documents inrill form the basis of the purchase agreement upon award of the contract. All materials or services supplied by the Contractor shall be in conformance with all the specifications contained herein and shall be in compliance with any applicable Local, State, and Federal Laws and regulations. NON-COLLUSION STATEMENT All bidders are herb notified that, in the event a contract is awarded to a Bidder whose bid was made in collusion with other Bidders for the same equipment, the resulting contract is not enforceable against the awarding agency an may be void by that agency. PUBLIC RCOR®S The City of Meridian is a public agency. Ali documents in its possession are public records. Bids are public records and, except as noted below, will be available for inspection and copying by any person. If any Bidder claims any material to be exempt from disclosure under the ldaho Public Records Law, the Bidder will expressly agree to defend, indemnify and hold harmless the City from any claim or suit arising from the City's refusal to disclose any such material. No such claim of exemption will be valid or effective without such express agreement. The City will take reasonable efforts to pro#ect any information marked "confidential" by the Bidder, to the extent permitted by the Idaho Public Records l.aw. Confidential information must be submitted in a separate envelope, sealed and marked "Confidential Information" and will be returned to the Bidder upon request after the award of the contract. It is understood, however, that the City will have no liability for disclosure of such information. Any proprietary or otherwise sensitive information contained in or with any Bid is subject to potential disclosure. page 9 of 12 I® INQUIRIES Questions, in written form, regarding this bid should be directed to: City of Meridian Purchasing Department Attn: Keith Watts 33 East Broadway Avenue, Ste. 106 Meridian, ID 83642 (208) 489-0417 PAYMENT AN® INVOICING Invoices, in duplicate, shall be mailed or delivered to: City of Meridian Accounts Payable 33 East Broadway Avenue, Ste. 106 Meridian, ID 83642 Page 10 of 12 SMOKE ALARMS ID NUM RFD-12-4009 Bidders may bid on any item or group of items. PFtIClNG SCHE®ULE ~ A QUANTITY DESCRIPTION UNIT AMOUNT EXTENDED 850 First Alert SA710LCN Long Life Photo Electric Alarms EA ~ ~- ~. ~~. TOTAL BID AMOUNT Schedule A $_ PRICING SCHEDULE ~ B - - _ _ QUANTITY DESCRIPTION UNIT I AMOUNT EXTENDED _ _ ~_ 5-. _ _ 2650 First Alert SA305CN3 Long Life Ionization Alarms EA TOTAL BID AMOUNT Schedule B $ QUANTITY DESCRIPTION 350 Lifetone HL 150 Alarms PFtICiNG SCHEDULE - C UNIT AMOUNT EXTENDED EA TOTAL BID AMOUNT Schedule C ~ $ Total cost to include all labor, material, equipment, freight, insurance, travel, lodging, incidental, and applicable taxes F.O.B. Prices shall be submitted F.O.B. Destination. Certifica#e of Understanding The undersigned represents and warrants that the undersigned has reviewed and understands the plans, specifications and other documents, and the undersigned is satisfied with all conditions for performance of the work. Page 11 of 12 The undersigned has checked carefully all the above figures and understands that the City of Meridian will not be responsible for any errors or omissions on the part of the undersigned in creating this bid. CONTRACTOR/PIRM: AUTHORIZED SIGNATURE: PRINTED OR TYPED NAME: TITLE: DATE: DO NOT DETACH THIS SHEET - SUBMIT ENTIRE BID PACKAGE A5 YOUR BID Page 12 of 12 ri in iy ncil a tin Massage Therapist License Ordinance Revisions CLERKS OFFICE FINAL ACTION I DATE: IE-MSTAFFTOI AGENCOY I APPLICANT I NOTES I INITIALS I CITY OF MERIDIAN ORDINANCE NO. BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING MERIDIAN CITY CODE SECTION 3-6-4(C), RELATING TO DISQUALIFYING CRIMINAL HISTORY FOR MASSAGE THERAPIST LICENSE APPLICANTS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, by the passage of Senate Bill 1295, the Idaho legislature provided for state regulation of massage therapists, state licensing of massage therapists by the Idaho Bureau of Occupational Licenses, and a Board of Massage Therapy, charged with promulgating rules of professional conduct for massage therapists; and WHEREAS, as of July 1, 2013, practicing massage therapy without a state license will be a misdemeanor, and the Board may deny licensure if the applicant has been convicted of a felony, a crime involving moral turpitude, a controlled substance law, or misrepresentation or fraud in applying for a massage therapist license; and WHEREAS, the City Council of the City of Meridian finds that it is in the best interest of the health, safety, and welfare of the people of Meridian to license and regulate the profession of massage therapy until such time as municipal licensure and regulation is preempted by Idaho Code; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO: Section 1. That a new section shall be added to Meridian City Code section 3-6-2(B), to read as follows: 3-6-2: LICENSE REQUIRED; EXEMPTIONS: A. It shall be unlawful for any person to engage in the practice of, or attempt to practice, massage for a fee, for a gratuity, or for any consideration whatsoever without a valid city of Meridian massage therapist license. B. The following persons shall be exempt from all requirements of this chapter: 1. Persons authorized by the laws of the state of Idaho to practice medicine, surgery, nursing, osteopathy, podiatry, physical therapy, or chiropractic. 2. Barbers and cosmetologists duly licensed under the laws of the state of Idaho. 3. Massa e~pists who are duly licensed by the Idaho Bureau of Occupational Licenses under the laws of the state of Idaho. Section 2. That Meridian City Code section 3-6-4(C) is hereby amended to read as follows: APRIL 2012 UPDATE MASSAGE THERAPIST LICENSE ORDINANCE PAGE 1 OF 3 3-6-4: LICENSE ISSUANCE; DENIAL; REVOCATION: 7C ZC ~C C. The city cleric shall deny a City of Meridian massage therapist license if it is found that: 1. The operation, as proposed by the applicant, if permitted, would not comply with all applicable laws, including, but not limited to, any and all applicable building, zoning and health regulations. 2. The applicant has been convicted of murder, rape, or any sex crime. ~3. The applicant has, in the five~5) years prior to the date of application, been convicted of, r.._~ ~._~ ~.__.,, ...,.,__ r-»,.,,» .,~~ t,~.,.,» ....... ........ ..,,. w ~.,~.,...,...,.,.~,,.,_~...,, _..,,.._ ..,» ... .. _,_u_.,_.. ~n ^^„~H°~°N+ ~ r any felony crime related to violence, drugs, theft, or fraud. A dismissal pursuant to a successfully completed withheld iudament shall not be deemed a conviction for urposes of this section. ~4. The applicant has, in the three LZ ey ars prior to the date of application, been convicted Of,~, Iveeri~race'~-6i~pi~e~ti6ii~eEei~et`I-r-F~~-c~-r~err°c~e~Iten^°, "° '°`I ° ,;+~'I''°I'I °°„~r°~°~+ ~ •• any misdemeanor crime of battery, domestic battery, assault, dru sag paraphernalia, or theft i~rth° ~~,° «~ ~ ° r +° +>,° ,a,.+° ,-.~ °rr~;^„+;,,r ,;a°,~ +>1°+ ," • + ~~ ,,,~° ~>,,,>> ,,,,+ i,° ° ,a; „~;~ , „a;+;,, A dismissal n.:.nu~~ov~n~g ~ru~~~c~~ ' pursuant to a successfully completed withheld iudament shall not be deemed a conviction for urposes of this section. 5. The applicant has, in the twelve (12, months prior to the date of application, been convicted of any misdemeanor crime of illegal consumption or possession of alcohol, frequenting, or contributing to the delinquency of a minor. A dismissal pursuant to a successfully completed withheld judgment shall not be deemed a conviction for purposes of this section. 46. The applicant has made any false, misleading, or fraudulent statement of fact in the application or in any document required to be submitted in support thereof. ~:7. The applicant has had a similar permit or license denied, revoked, or suspended for any causes by the city or any other state or local agency within five (5) years prior to the date of the application. ~:8. The applicant is not over the age of eighteen (18) years. Where the city cleric denies an application for a city of Meridian massage therapist license, the city cleric shall notify the applicant of such denial in writing, which shall include notice of the right to appeal such decision as set forth in this section. Written notice of the denial shall be sent via U.S. mail to the applicant at the address set forth on the application. The applicant may APRIL 2012 UPDATE MASSAGE THERAPIST LICENSE ORDINANCE PAGE 2 OF 3 appeal the city clerk's denial of a city of Meridian massage therapist license by filing a written appeal according to the procedures set forth in this chapter. Section 3. That this ordinance shall be effective immediately upon its passage and publication. PASSED by the City Council of the City of Meridian, Idaho, this _ day of April, 2012. APPROVED by the Mayor of the City of Meridian, Idaho, this day of April, 2012. APPROVED: Tammy de Weerd Mayor ATTEST: Jaycee Holman City Clerk APRIL 2012 UPDATE MASSAGE THERAPIST LICENSE ORDINANCE PAGE 3 OF 3 eri ian ifjr veil t®n T :April 24, 2012 IT' U 11 J ~' A 11-005 ITEM TITLE: rinanCe NO. ~~ ~ ~~ J~ for the Annexation of a Parcel of Land Situated in a Portion of the S'/2 of the Southeast '/4 and in a Portion of the Southwest'/4 of Section 23, Township 4 North, Range 1 West, of Meridian Idaho, Establishing and Determining the Land Use Zoning Classification of Said Lands from RUT to R-8 (Medium Density Residential) and Providing an Effective Date i Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION I DATE: (E-MSTA FT°I AGENCYO I APPLICANT I NOTES I INITIALS I ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 ' BOISE IDAHO 04130112 12:58 PM DEPUTY Bonnie Oberbillig I~ ~ ~ I~ II ~~ I I ~ ~ I I ~I ~ I ~ I I ~ I ~I 'RECORDED-REQUEST OF i 1.`~4~.,.~C Meridian City CITY OF MERIDIAN ORDINANCE NO. 1 a ° 151 O BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA AN ORDINANCE (AZ 11-005 -SPURWING CHALLENGE) FOR ANNEXATION OF A PARCEL BEING A PORTION OF LOT 78, BLOCK 1 OF SPURWING SUBDIVISION RECORDED IN BOOK 69 OF PLATS AT PAGES 7104 THROUGH 7108 AND A PORTION OF LOT 1, BLOCK 1 OF BRANDY SUBDIVISION RECORDED BOOK 59 OF PLATS AT PAGES 5785 AND 5786, AND LOT 53, BLOCK 1 OF SPURWING SUBDIVISION, RECORDED IN THE OFFICE OF THE ADA COUNTY RECORDED AS INSTRUMENT NUMBER 95045793, ALL OF WHICH IS SITUATED IN A PORTION OF THE SOUTH'/2 OF THE SOUTHEAST'/a AND I N A PORTION OF THE SOUTHWEST 1/a OF SECTION 23, TOWNSHIP 4 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO, AS DESCRIBED IN ATTACHMENT "A" AND ANNEXING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND ADJACENT AND CONTIGUOUS TO THE CORPORATE LIMITS OF THE CITY OF MERIDIAN AS REQUESTED BY THE CITY OF MERIDIAN; ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION OF SAID LANDS FROM RUT TO R- 8 (MEDIUM DENSITY RESIDENTIAL DISTRICT) IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit "A" are within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation and re- zoning by the owner of said property, to-wit: The Club at Spurwing, LLC. SECTION 2. That the above-described real property is hereby annexed and re-zoned from RUT to R-8 (Medium Density Residential District), in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and zone said property. SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and re-zone said property. ANNEXATION -SPURWING CHALLENGE (AZ 11-005) Page 1 of 3 SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION S. The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner, including the lands herein rezoned, with the following officials of the County of Ada, State of Idaho, to-wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho. SECTION 9. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this day of , 2012. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 2~ day of , 2012. 0~~4~'CBbA(/Cp~, 3G 'r ~, ~ ~+ ary tir ~~' MAYOR T MY de WEERD ~./Yl E IDIAN~. ATTEST: ~ ( IDAHO JAYCE(~' L. HOLMAN, CITY CLERK ANNEXATION -SPURWING CHALLENGE (AZ 11-005) Page 2 of 3 STATE OF IDAHO, ) ss: County of Ada ) On this 2~{ day of /a-na~ , 2012, before me, the undersigned, a Notary Public in and for said State, personall geared TAMMY de WEERD and JAYCEE L. HOLMAN, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. 1N WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. p B Y i ®® ~. ~ •® (SEAL), `~ ~ .c~ • ~~,,. ~, • ', ~ • `. .e.S~;°. ' 4. • . ~%'E OF 1~•• NO ARY PUBLI FOR IDAHO RESIDING AT: f •/~ ,Irk I G~ir~ , 1 (~ MY COMMISSION EXPIRES: fah ~ , 2.~ i ANNEXATION ~PURWING CHALLENGE (AZ 11-005) Page 3 of 3 A. Legal Descriptions _~ Quadrant November 18, 2011 Consulting, Inc. Page 1 of 2 EX~13IT "A" A.NNE~A.T)(ON PROPERTY' Parcel 1- A parcel being a pordon of Lot 78, Block 1 of Spurwing Subdivision recorded in Book 69 of Plats at Pagea 7104 ihrou¢h 7108 and a portion of Lot 1, Block I of Brandt Subdivision recorded in Book 59 of Plats at Pagos 5785 and 5786, situated in a portion of the South % of the Southeast '/+ and in a portion of the Southwgst'/4 of Section 23, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, being more ptkrticularly described as follows: Commencing at the section corner common to Sections 23, 24, 25 and 26 of said Township and Range; thence along the section line common to said Sections 23 and 2b North 89°38'47" West 2596.97 feet to the PAINT OF BEGINNING; thence continuing along said section line ' North 89°3 B'4T' West 33.00 feet to the south quarter comer of said Section 23; thence continuing along said section line North 89°11'21" West 546.16 feet to a point on the centertine of North Spurwing Way; thence departing from said section Gne and continuing along said centerline the following courses. ~ ' North 00°48'56" East 842.09 feet; thence. • 188.02 feet along a curve to the left, said curve having a radius of 450.00 feet, a deha angle of 23°56'21" and a long chord bearing North 11 °09' 13" West 186.65 feet; thence departing from said centerline South 89°11'04" Bast 183.31 feet to a point on the northerly right-of-way of North Penncross Way; thence along said northerly right-of-way ' 481.22 feet along a curve to the left, said curve having a radius of 325.00 feet, a delta angle of 84°50'09" and a long chord bearing North 48°23'51" Bast 438.45 feet to a point on the earth line of said south''/z of the southeast'/, of Section 23; thence departing from Bald northerly right-of- way and along said north line South 89°41'45" East 374.50 feet; thence • South 00°27'09" West 479.9I feet; thence I North 89°41'45" West 272,00 feet; thence . South 00°27'09" West 841.15 feet to the POINT O}? 13)f;GINNING. • ~ 1941 W. C!verland • 8otse, ID 83705 • Phona 1206) 342-0091 ~c,(206) 342-0092 • www.quacFant.cc ' ~ Civ11 EngUreervig • Sviveyinp Consfruciion Management . Annexation Properly November 18, 2011 Page 2 of 2 . i Quadrant ~ ; Consultln®, Inc, Parcel 2 I.ot S3, Block 1 of Sptmving Subdivision, recorded in the office of the Ada County Recorder~as lnsgvment Number 95045763. Said Parcel 2 contains 12.19 acres, more or less. The total area of Parcels 1 and 2 combined is 30.00 acres, more or less. REV1f~ ROVAI. BY ~ o t zoii M WORKS p[:pTtC a November 18, 2411 Page 1 of 2 EXHIBIT r'A>' R-8 REZONE h~uadrant Consulting, Ihc, A parcel being a portion of Lot 1, Block 1 of Brandt Subdivision recorded in Book 59 of Plats at Pages 5785 and 5786, situated in a portion of the South''/z of the Southeast'%, of Section 23, Township 4 North, Range 1 West, Boiae Meridian, Ada County, Idaho, being more particutarty described as follows: Commencing at the section•corner common to Sections 23, 24, 25,and 26 of said Township and ' Range; thence along the section line common to said Sections 23 and 26 North 89°38'47" West 987.74 feet to the POINT OF BEGINNING; thence continuing along said section line North 89°38'47" West I609.23 feat; thence departing from said section line North 00°27'09"East 841.15 feet; thence • • South 89°41'45" East 2'x2.00 feet; thence North 00°27'09" East 479.91 feet to the north line of said south %s of southeast %a of Section 23, thence along said north lino South 89°41'45" East 1393.15 feet; thence departing fmm said north line South 00°48'23" West 903.94 feet; theme South 00°42'47" West 35.95 feet; thence North 89°41'25" West 50.71 feet; thence South 00°22' 17" West 382.60 feet to the POINT OF BEGINNING. . Said parcel contains 46.97 acres, more or less, • aEVI ROVAI. DEC 0 1 2011 • • MERIDIAN PUBLIC WORKS DEPT. • • ,«; ' 1904 W, Overlaid . • Boise, ID 83705 • Phone (208) 942-0D91 • Fmc (269) 342-0092 • www.c~wdrant.cc • " Civl Engtneednp •, Surveying ~ Corutruclldn ManogemeM C • EXHIBIT B. Exhibit Map NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 12- l S~ D PROVIDING FOR ANNEXATION AND ZONING ORDINANCE An Ordinance of the City of Meridian granting annexation and zoning for a parcel being a portion of Lot 78, Block 1 of Spurwing Subdivision recorded in Book 69 of Plats at Pages 7104 through 7108 and a portion of Lot 1, Block 1 of Brandt Subdivision recorded in Book 59 of Plats at Pages 5785 and 5786 and Lot 53, Block 1 of Spurwing Subdivision, recorded in the Office of the Ada County Recorder as Instrument Number 95045763, all of which is situated in a portion of the South''/2 of the Southeast'/a and in a portion of the Southwest '/a of Section 23, Township 4 North, Range 1 West, Boise, Ada County, Idaho. These parcels contain 30.00 acres more or less. Also, these parcels are SUBJECT TO all easements and rights-of--way of record or implied. As surveyed in attached exhibit "B" and is not based on an actual field survey. A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Broadway Avenue, Meridian, Idaho. This ordinance shall become effective on the ~ day of 2012. ~o~,T>io n u~Lsr o /7 } 1 City of ~ ' of ridian E IDIAN~- ~ IDAHO Mayor and City Council ~ SEAL ~,~ By: Jaycee L. Holman, City Clerk ~. ., ~rP~~l}eTR8t,9~~` ~~ First Reading: y_a~/° /o~ Adopted after first read' g by suspension of the Rule as allowed pursuant to Idaho Code §50-902: YES ~ NO Second Reading: Third Reading: STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 12- /S-/U The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance No. 12- / 0 of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50-901A (3). DATED this d~~ day of 2012. 1. ,.~ William. L.M. Nary City Attorney ORDINANCE SUMMARY - SPURWING CHALLENGE (AZ 11-005) ri ian iy nil a ®rt T :April 2, 2012 I 11 J 11-006 IrE1Vl TITLE: rinnc ®. /~ ° l~0/ for the Re-Zone of a Parcel of Land Situated in a Portion of the South Y2 of the Southeast '/4 of Section 23, Township 4 North, Range 1 West, of Meridian Idaho, Establishing and Determining the Land Use Zoning Classification of 4.64 Acres of Land from the R-4 (Medium-Low Density Residential) Zoning District and TN-C (Traditional Neighborhood Center) Zoning District to C-C (Community Business District) Zoning District and Providing an Effective Date n ~I ~?~~~ti11~k G ~'~~ Commtanity Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FlNi4L ACTION I DATE: I E-~STAFF TOI AGENCY I APPL CANT I NOTES I INITIALS I 4" ADA COUNTY RECORDER Cnrlsiopner u, nien n~~~V~~~~ .vim - BOISE IDAHO 04!30112 12:58 PM i DEPUTY Bonnie Oberbillig III I ~) II ~) I II ~ I I III I II II II RECORDED-REQUEST OF 11~0~~2~5E~ Meridian City CITY OF MERIDIAN ORDINANCE NO. ~ BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA AN ORDINANCE (RZ 11-006 SPURWING CHALLENGE) FOR THE RE-ZONE OF A PARCEL BEING A PORTION OF LOT 1, BLOCK 1 OF BRANDT SUBDIVISION RECORDED IN BOOK 59 OF PLATS AT PAGES 5785 AND 5786, SITUATED IN A PORTION OF THE SOUTH '/: OF THE SOUTHEAST '/a OF SECTION 23, TOWNSHIP 4 NORTH, RANGE 1 WEST, SITUATED IN ADA COUNTY, IDAHO, AND ADJACENT AND CONTIGUOUS TO THE CORPORATE LIMITS OF THE CITY OF MERIDIAN AS REQUESTED BY THE CITY OF MERIDIAN; ESTABLISHING -AND DETERMINING THE LAND USE ZONING CLASSIFICATION OF 4.64 ACRES OF LAND FROM THE R-4 (MEDIUM-LOW DENSITY RESIDENTIAL) ZONING DISTRICT AND TN-C (TRADITIONAL NEIGHBORHOOD CENTER) ZONING DISTRICT TO C-C (COMMUNITY BUSINESS DISTRICT) ZONING DISTRICT IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit "A" is within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation and re-zoning by the owner of said property, to-wit: The Club at Spurwing, LLC. SECTION 2. That the above-described real property is hereby re-zoned from the R-4 (Medium-Low Density Residential) and TN-C (Traditional Neighborhood Center) zoning district to the C-C (Community Business District) zoning district, in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian zone said properly. SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to re-zone said property. SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. RE-ZONE -ANNEXATION - RZ 11-006 SPURWING CHALLENGE (C-C) Page 1 of 3 SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8. The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner, including the lands herein rezoned, with the following officials of the County of Ada, State of Idaho, to-wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho. SECTION 9. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. ~y~tP~ASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this ~`1' day of , 2012. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this o'? 7 ~~ day of 1 , 2012. ~~oRp~an A~~~ /~ ~~~ ~9~, c+~°f MAYOR T Y de WEERD E IDIAN~- •+ IDAHO ~A SEAL '~ ATTEST: ~'°'~ ~°~~ °r,'~ raensu`~' JAYCE . HOLMAN, CITY CLERK RE-ZONE -ANNEXATION - RZ 11-006 SPURWING CHALLENGE (C-C) Page 2 of 3 STATE OF IDAHO, ) ss: County of Ada ) On this Z~ day of_~nr ~ r , 2012, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD and JAYCEE L. HOLMAN, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) .••••®. •°GP,~ ON'ES' . ~; O ~, .z W. ~. _.- •®•...•• ~. ~ NOTARY PUBLIC ~'OR IDAI~O RESIDING AT: ~-(£~tG~ (~,t'1 MY COMMISSION EXPIRES: ~ , Z~ ~ ~J RE-ZONE -ANNEXATION - RZ 11-006 SPURWING CHALLENGE (C-C) Page 3 of 3 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE N0.12- ~.~~~ PROVIDING FOR ANNEXATION AND ZONING ORDINANCE An Ordinance of the City of Meridian granting re-zoning of a parcel being a portion of Lot 1, Block 1 of Brandt Subdivision recorded in Book 59 of Plats at Pages 5785 and 5786, situated in a portion of the South '/2 of the Southeast %a of Section 23, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho. This parcel contains 4.64 acres more or less. Also, this parcel is SUBJECT TO all easements and rights-of--way of record or implied. As surveyed in attached exhibit "B" and is not based on an actual field survey. A full text of this ordinance is available for inspection at City Hall, City of Meridian,~^ East Broadway Avenue, Meridian, Idaho. This ordinance shall become effective on the o2 ~r' day of , 2012. C1fy of I I~ridian Mayor and City Council By: Jaycee L. Holman, City Clerk iBbAU~b ~'~ Gry of „~ IDAHO ~~~ SEAL v~ First Reading: `7 ~~~/~, yr~P'~`~~ TREASU~e~~~ Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code 50-902: YES / NO Second Reading: Third Reading: _ STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 12- The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance No. 12-~of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50-901A (3). DATED this o1~~`day of 2012. l- William. L.M. Nary City Attorney ORDINANCE SUMMARY - RZ 11-006 SPURWING CHALLENGE (C-C) Page 1 Quadrant .November 18, 2011 Conaulting~ tna • Pagc 1 of 2 • Lr7~CII18IT "A" C-C iiETAIVE' • A parcel being a portion of Lot 1, Biook 1 ofBrandt Subdivision reoocdcd in $ook 59 of ]'lets at ' Pages 5785 and 5786, sitaated in tho South S4 of the Southeast'/~ of Section 23, Township 4 NorW, Range ! West, Boiso Moridian, Ada Ccunry, Idalw, being more particularly desoribed as follows: Commencing at the section corner common Co Sections 23, 24, 25 and 26 of said Township and ]Lange; thenco continuing along tho south line of said Section 23 North 89°38'47" Wcst 498,62 feet to the POINT OF BEGI~INiNG; thence continuing along said south lino , North 89°38'47" West 489,12 feet; thence departing from said south line North 00°22'17" East 382.60 feet; thence South 89°41'25" Bast 50.7'F feat; thence North 00°42'47" East 35,95 feat; thence 5ouW 88°80'33" $ast 441,26 feet; thence South 00°47'29'•' West 412,41 ]bet; to the POINT OB BEGINNING. ' Satd parcel contains 4.64 acres, more or less, ' ~ l~6V PROVAL • ,' eY ' . ' • pEC ~ i 2'011 • Mt:RIDIAN PUSL(0 • • ~ WORKS p~P7, ' ' ; ' ' . '~' I904 W. Overland ~ '9otse, W 83rOd • Phone (20813420091 • Fax (2osj 347r009R • ~ quadrep?t.cC ' , Gvi t;npfneetinq •, S~xyeying • Construcflon Management ,• ~-i ®n iy until t®n 1' :April 24, 2012 IT u 11 J 11®006 ir~nn rirLE: rdinnce o. '/.~/ for the Re-Zone of a Parcel of Land Situated in a Portion of the South'/2 of the Southeast '/4 of Section 23, Township 4 North, Range 1 West, of Meridian Idaho, Establishing and Determining the Land Use Zoning Classification of 46.97 Acres of Land from the R-4 (Medium-Low Density Residential) Zoning District and TN-C (Traditional Neighborhood Center) Zoning District to R-8 (Medium Density Residential) Zoning District and Providing an Effective Date CLERKS OFFICE FINAL ACTION DATE: IE-~STAFF TOI AGENCOY ( APPLICANT I NOTES I INITIALS .~ ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 BOISE IDAHO 04130112 12;58 PM RECORDED~nREQUEST OFg I~ ~ ~ I~ II ~~ I~( ~ I I ~~ ~ ~ I ~ I ~I Meridian City 11 tQ4~~~7 CITY OF MERIDIAN ORDINANCE NO. BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA AN ORDINANCE (RZ 11-006 SPURWING CHALLENGE) FOR THE RE-ZONE OF A PARCEL BEING A PORTION OF LOT 1, BLOCK 1 OF BRANDY SUBDIVISION RECORDED IN BOOK S9 OF PLATS AT PAGES S78S AND 5786, SITUATED IN A PORTION OF THE SOUTH '/a OF THE SOUTHEAST 1/a OF SECTION 23, TOWNSHIP 4 NORTH, RANGE 1 WEST, SITUATED IN ADA COUNTY, IDAHO, AND ADJACENT AND CONTIGUOUS TO THE CORPORATE LIMITS OF THE CITY OF MERIDIAN AS REQUESTED BY THE CITY OF MERIDIAN; ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION OF 46.97 ACRES OF LAND FROM THE R-4 (MEDIUM-LOW DENSITY RESIDENTIAL) ZONING DISTRICT AND TN-C (TRADITIONAL NEIGHBORHOOD CENTER) ZONING DISTRICT TO R-8 (MEDIUM DENSITY RESIDENTIAL) ZONING DISTRICT IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit "A" is within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation and re-zoning by the owner of said property, to-wit: The Club at Spurwing, LLC. SECTION 2. That the above-described real property is hereby re-zoned from the R-4 (Medium-Low Density Residential) and TN-C (Traditional Neighborhood Center) zoning district to the R-8 (Medium Density Residential) zoning district, in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian zone said property. SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to re-zone said property. SECTION S. That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. RE-ZONE -ANNEXATION - RZ 11-006 SPURWING CHALLENGE (R-8) Page 1 of 3 SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8. The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner, including the lands herein rezoned, with the following officials of the County of Ada, State of Idaho, to-wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho. SECTION 9. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. ASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this ~! day of , 2012. APPROVF~D BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this a`~ day of , 2012. ,CITY CLERK RE-ZONE -ANNEXATION - RZ 11-006 SPURWING CHALLENGE (R-8) Page 2 of 3 STATE OF IDAHO, ) ss: County of Ada ) On this ~ day of ~~r~ ~ , 2012, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD and JAYCEE L. HOLMAN, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ® `...... ® ~SSIC~q ~.. ,~'~ O T ~'~.O (SEAL) ® .9 • re ~,~. ® ~ ~~. . ~ ~ • ~w ®~vp1C / • ®v~` ~/ • IC ,-' `: •o.®... J NOTARY PUB FOR IDA O RESIDING AT: ~~X MY COMMISSION EXPIRES: , 2c71 RE-ZONE -ANNEXATION - RZ 11-006 SPURWING CHALLENGE (R-8) Page 3 of 3 .- Novombor 18, 2011 _ ~ugdl'gnt_ Pagolof2 ~ Conaulting,inc. Ex1lxBrr'6A" x2-8 RElpNR . A parcel being a portion of I.ot 1, Block l of Brandt Subdivision recorded in Bcok 59 of Plats at Pages 5785 end 5786, sitrrat>:d in a portion ofthe Souih'~ nftho Soudreest'% of Section 23, Township 4 North, Range 1 West,l3aiso lvlcrldian, Ada County, xdoho, being more pwrticuiarly described es follows: Commencing at tho sectlon~comer common to Bastions 23, 24, 2S and 2b of said Township and RatrYo; thenoo along the section lino common to said Sections 23 and 26 North 89°38'47" Weat 987.74 feet to the POINT OTr B>~OXIV•NING; thence continuing slang said section lino North 89°38'47" West 1609.23 feat; thence departing gom said seotion fine North 00°27'09" Best 841.15 feet; thence South 89°4l'45" Hest 272.00 feet; thence • North 00°27'09" East 479.91 feet to the north line of said south % of southeast % of Section 23, theapo slang sfdd north line South 89°41'45" East 1393,] 5 feet; iheacc departing from said north line Sortth 00°48'23" West 903.94 feet; Weaco ' South 00°42'47" West 35,95 feet; thenoe ' North 89°41'25"'West 50.71' feet; thence • South 00°22' 1 T' West 382.60 feet to the POIJVT OF BEGINNING. , Said parts! corrtaias 46,97 acros, more or less. REVI ROVAL 13Y ' ore o f zot~, MERIDIAN PUBLIC WORKS DEPT. 1904 W. Overland , • aotfe, IU 83705 • Phone 1208) 342-0091 • Fox (2081342-0092 • wvrw.quadrantac CNi Engtneerkrp ~ SynreyUip •. C.onshvciidn tnaJwgemont NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 12- /'S~/~. PROVIDING FOR ANNEXATION AND ZONING ORDINANCE An Ordinance of the City of Meridian granting re-zoning of a parcel being a portion of Lot 1, Block 1 of Brandt Subdivision recorded in Book 59 of Plats at Pages 5785 and 5786, situated in a portion of the South '/2 of the Southeast %a of Section 23, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho. This parcel contains 46.97 acres more or less. Also, this parcel is SUBJECT TO all easements and rights-of--way of record or implied. As surveyed in attached exhibit "B" and is not based on an actual field survey. A full text of this ordinance is available for inspection at City Hall, City of Merid'ian~33 East Broadway Avenue, Meridian, Idaho. This ordinance shall become effective on the ~K Z_-uay of ~ , 2012. Go44D4p,TED q uCGsrl r ___. So ~~~ City of i y of e idian ~.Nl E IDIAN~- Mayor and City Council ~ IDAHO By: Jaycee L. Holman, City Clerk ~ Sggi, w First Reading; 7 '~y~/a-- ~yr~~'~'~e Tae~satt°~~~ Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code 50-902: YES_ / NO Second Reading: Third Reading: STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 12- /~/a The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance No. 12- /S/~ of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50-901A (3). DATED this a-~~day of 2012. ~'~'~ William. L.M. Nary City Attorney ORDINANCE SUMMARY - RZ 11-006 SPURWING CHALLENGE (R-8) Page 1 ri i n ity until a tin `T :April 24, 2012 IT l1 1 J ITEM TITLE: Future eating Topics a7~~, Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION I DATE: IE-MSTLAED TOI AGENCO I APPLICANT I NOTES I INITIALS I