2013-01-22Tuesday, January 22, 2013 at 7:00 PM
Convened at 7:►7 p.m.
1. Roll -Call Attendance
X David Zaremba X Brad Hoaglun
X Charlie Rountree X Keith Bird
X Mayor Tammy de Weerd
2. Pledge of Allegiance
3. Community Invocation by Troy Drake of Calvary Chapel
4. Adoption of the Agenda Adopted
5. Consent Agenda Approved
A. Approve Minutes of January 8, 2013 City Council Pre -Council
Meeting
B. Approve Minutes of January 8, 2013 City Council Workshop
Meeting
C. Approve Minutes of January 15, 2013 City Council Regular
Meeting
D. Resolution No. 13-904: Development Fee Postponement for
Joint School District No. 2
E. Ada County Housing Authority Community Development Block
Grant (CDBG) PY2012 Sub -recipient Agreement
F. Meridian Food Bank Community Development Block Grant
(CDBG) PY2O12 Sub -recipient Agreement
G. NHS Lending, Inc. Community Development Block Grant
(CDBG) PY2O12 Sub -recipient Agreement
Meridian City Council Meeting Agenda — Tuesday, January 22, 2013 Page 1 of 4
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearing,
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
A
V
H . Sewer .. Easement
for • o
Overlandrd Located at 250 E
Rd
Sewer and Water Main Easement for Idaho Central Credit
Union Located at 3375 E Ustick Rd
J. Sewer and Water Main Easement Modification for Idaho
Central Credit Union Located at 3375 E Ustick Rd
K. Memorandum of Understanding Between the Meridian
Speedway and the City of Meridian Regarding a Joint
Presentation of the July 4, 2013 Event for a City Contribution
Amount Not to Exceed $6,000.00 and a Meridian Speedway
Contribution Amount of $6,000.00 for a Total Not -to -Exceed
Amount of $12,000.00
L. MDA 12-006 David Kleiner Property by CarMax Auto
Superstores West Coast, Inc. Located at Northwest Corner of
E. Fairview Avenue and N. Venture Street Request:
Modification to the Development Agreement for the David
Kleiner Property to Allow "Vehicle Repair, Major or Minor" and
"Vehicle Sales or Rental and Service" as Principal Permitted
Uses and a "Vehicle Washing Facility" as an Accessory Use
Only on the Eastern Portion of the Site. Additionally, the
Requirement for Fencing to be Provided Along the West Edge
of the Street Buffer on the East Boundary of the Site Adjacent
to Venture Subdivision is Proposed to be Modified to Only
Require Fencing North of E. Venture Place
Items Moved From Consent Agenda
Department Reports
A. Mayor's Office: Mayor's Youth Advisory Council (MVAC)
Update
8. Action Items
A. Public Hearing: AZ 12-014 Tomorrow's Hope by Thair Pond
Located East Side of N. Meridian Road and South of E. Ustick
Road Request: Annexation of 6.99 Acres of Land from RUT
and R-1 in Ada County to the R-8 (Medium -Density Residential)
Zoning District Approved
Meridian City Council Meeting Agenda — Tuesday, January 22, 2013 Page 2 of 4
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearing,
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
B. Public ., • -121 Tomorrow's Ho•^ by Pond
Located East Side of N. Meridian Road and South of E. Ustick
Road Request: Conditional Use Permit Approval to Operate a
Nursing Care Facility Consisting of Two (2) Buildings on 1.9
Acres • • • - • • - Approved
C. FP 12 001 13-001 Chesterfield No. 2 by Northside Management
Located at South Side of W. Pine Avenue, Midway Between N.
Black Cat Road and N. Ten Mile Road Request: Final Plat
Approval of 43 Residential Lots and 7 Common Lots on 9.38
Acres in an R-8 and R-15 Zoning District Approved
D. Public Hearing: ZOA 12-003 Sign Code Text Amendment by
City of Meridian Community Development Planning Division
Request: Amend Sections of the City's Current Standards for
Signs Public Hearing Continued to 2/19/13
E. Request by Matt Hart of Civil Survey Consultants for a Fee
Waiver for a Rezone Application for the Property Located at
807 N. Meridian Road Denied
9. Continued Department Reports
A. Community Development: Community Development Block
Grant (CDBG) PY2012 Budget Amendment for a Not -to -Exceed
Amount of $256,727.00 Approved
B. Community Development: Meridian Interchange Design
Elements - Discuss a Potential Theme for the New Meridian
Interchange, as well as Bicycle and Pedestrian Facilities,
Lighting Options, Landscaping Improvements and Other
Aesthetic Elements
C. Public Works: Franklin Road — Ten Mile to Linder Project:
Authorize the Removal of Certain Parks Department Bid Items
and Authorize the Bid Amount for the Installation of Sewer
Main, 12" Recycled Water Main, Water Main and Landscape
Area Interim Treatment Installation Project in Conjunction with
the ACHD Franklin Road — Ten Mile to Linder Road Project for
a Not -to -Exceed Amount of $1,015,425.40 Approved
D. Legal/Human Resources: Wellness Incentive Budget
Amendment for a Not -to -Exceed Amount of 20,100.00
Approved
Meridian City Council Meeting Agenda — Tuesday, January 22, 2013 Page 3 of 4
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearing,
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
E. Legal Department: Discuss A •: -,.s of Mobile
Licensing Ordinance Regarding Minors
10. Ordinances
A. Second Reading of Ordinance No.••• • of 11•
Uniform Plumbing Code and City of Meridian Amendments
11. Future Meeting Topics
Meridian City Council Meeting Agenda — Tuesday, January 22, 2013 Page 4 of 4
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearing,
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
Meridian City Council January 22, 2013
A meeting of the Meridian City Council was called to order at 7:00 p.m., Tuesday,
January 22, 2013, by Mayor Tammy de Weerd.
Members Present: Mayor Tammy de Weerd, Charlie Rountree, David Zaremba, Keith
Bird, and Brad Hoaglun.
Others Present: Bill Nary, Jaycee Holman, Caleb Hood, Bill Parsons, Kyle Radek,
Jamie Leslie, Parry Palmer, Mike Barton, Kristy Vigil, Tim Curns and Dean Willis.
Roll call.
X David Zaremba X Brad Hoaglun
X Charlie Rountree X Keith Bird
X Mayor Tammy de Weerd
De Weerd: Thank you so much. We apologize for the delay in the beginning of our
regular meeting, but I will go ahead and start the regular City Council meeting for
Tuesday, January 22nd. It is 7:17. We will start with roll call, please.
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.)
De Weerd: Item No. 3 is our community invocation. Tonight we will be led by Troy
Drake with Calvary Chapel. Thank you for joining us today. If you will all join us in the
community invocation and take this as an opportunity for a moment of reflection.
Welcome.
Drake: Thank you. Lord God in Heaven, thank you so much for the United States of
America and the freedoms that we have and, Lord, that we can come together like this
and freely worship and -- or not and, Lord, that we can -- we have that liberty in this
country and we are so grateful for what we have and we have elected officials. God,
you have been good to us and so we thank you for America. We thank you also for
Meridian and what you have done here and just the prosperity that we see and so many
good people doing good things and it's just awesome to see, God, what can happen
with a place where you have blessed. And, Lord, we -- we just want to pray for our city
and that you would keep it safe, God, that the firemen, the police officers, those -- the
city servants who protect us and do that work so diligently, Lord, we just pray that you
Meridian City Council
January 22, 2013
Page 2 of 53
protect them and that the issues with crime and so forth, Lord, that you would be over
those and that keep our city safe, keep the citizens safe, the young people, Lord, and
just thinking about those that are poor and cold and, God, that they would find their way
to shelter and, you know, our faith community would reach out to those people and help
those that are in need and hungry, God, that that would be done here and, finally, God, I
just pray for these people, that you would give them wisdom and encourage them, Lord,
as they make decisions here tonight in this meeting and also every day, God, that they
would -- that you would bless them, God, give them much grace and encourage them
as they represent our city, Lord. So, we give you the honor and the glory, in Jesus'
name, amen.
De Weerd: Troy, I believe this is the first time you have been here.
Drake: I have done it before a couple times.
De Weerd: Have I given you a pin?
Drake: I have got one. If you will forgive me for not wearing it, so I apologize. I will
make sure I do it next time.
De Weerd: Okay. Well, we will keep you to that. Thank you for being here.
Item 4: Adoption of the Agenda
De Weerd: Item No. 4 is adoption of the agenda.
Hoaglun: Madam Mayor?
De Weerd: Mr. Hoaglun.
Hoaglun: I move adoption of the agenda as printed.
Rountree: Second.
De Weerd: I have a motion and a second to adopt the agenda as printed. All those in
favor say aye. All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Item : Consent Agenda
A. Approve Minutes of January 8, 2013 City Council Pre -Council
Meeting
B. Approve Minutes of January 8, 2013 City Council Workshop
Meeting
Meridian City Council
January 22, 2013
Page 3 of 53
C. Approve Minutes of January 15, 2013 City Council Regular
Meeting
D. Resolution No. 13-904: Development Fee Postponement for
Joint School District No. 2
E. Ada County Housing Authority Community Development Block
Grant (CDBG) PY2012 Sub -recipient Agreement
F. Meridian Food Bank Community Development Block Grant
(CDBG) PY2012 Sub -recipient Agreement
G. NHS Lending, Inc. Community Development Block Grant
(CD13G) PY2012 Sub -recipient Agreement
H. Sewer Main Easement for Kendall Ford Located at 250 E
Overland Rd
1. Sewer and Water Main Easement for Idaho Central Credit
Union Located at 3375 E Ustick Rd
M. 119f 7 -To n RIB 1 0 1 0 Wo I R. 100441M 113 TWA Me I
K. Memorandum of Understanding Between the Meridian
Speedway and the City of Meridian Regarding a Joint
Presentation of the July 4, 2013 Event for a City Contribution
Amount Not to Exceed $6,000.00 and a Meridian Speedway
Contribution Amount of $6,000.00 for a Total Not -to -Exceed
Amount of $12,000.00
MDA 12-006 David Kleiner Property by CarMax Auto
Superstores West Coast, Inc. Located at Northwest Corner of
E. Fairview Avenue and N. Venture Street Request:
Modification to the Development Agreement for the David
Kleiner Property to Allow "Vehicle Repair, Major or Minor" and
"Vehicle Sales or Rental and Service" as Principal Permitted
Uses and a "Vehicle Washing Facility" as an Accessory Use
Only on the Eastern Portion of the Site. Additionally, the
Requirement for Fencing to be Provided Along the West Edge
of the Street Buffer on the East Boundary of the Site Adjacent
to Venture Subdivision is Proposed to be Modified to Only
Require Fencing North of E. Venture Place
De Weerd: Item 5 is our Consent Agenda.
Meridian City Council
January 22, 2013
Page 4 of 53
Hoaglun: Madam Mayor?
De Weerd: Mr. Hoaglun.
Hoaglun: I move approval of the Consent Agenda and the Mayor to sign and the Clerk
to attest.
Rountree: Second.
De Weerd: I have a motion and a second to approve the Consent Agenda. 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.
MOTION CARRIED: ALL AYES.
De Weerd: There were no items moved from the Consent Agenda.
Item 7: De•- • •
YouthA. Mayor's Office: Mayor's •Council
Update
De Weerd: So, we will move to Item 7-A, which is the report from the Mayor's Youth
Advisory Council. Caleb, welcome.
Knapp: Madam Mayor and Members of the Council, thank you so much for having me
once again. I really love the opportunity you guys give me to -- just to report about
MYAC, so I will get right to it.
De Weerd: Okay. You need to start by telling us your name.
Knapp: Oh. I'm sorry. My name is Caleb Knapp and I'm the communications director
from MYAC.
De Weerd: Thank you.
Knapp: So, I'm communicating with you. And I guess like I said, I guess I will start right
off. First of all, MYAC has been very busy since the last time I was here. One of the
biggest things we did is that we sent four of our youth members to a conference in D.C.
where they received some training and were good -- okay. First of all, they had a ton of
fun and it was an amazing opportunity and they are very thankful for it. At the -- at the
Meridian City Council
January 22, 2013
Page 5 of 53
conference they received training that will be used for our Treasure Valley Youth
Summit in April. Also in early December we had representatives from the Cap Ed -- the
Cap Ed people. I don't know what you call them. They are really great people. From
the Cap Ed to lead us in an event called Mad City Money. Basically they come in and
they set up these tables where they show all the different kids to come and say, hey,
this is what real life is like and it helps prepare kids for real life. I know it did for me. It
showed me stuff that I never would have thought of if I hadn't -- hadn't been there
never would have thought of like not buying a Ferrari, that maybe buy an older car. And
also one of the really cool things about this time is that we had a lot of kids come,
because on top of that -- instead of just our normal group, which we did have a good
show up for that event -- we also -- we had the Eagle city council come, which was
pretty fun, because we got to see like, oh, other people, you know. They have -- they
do stuff, too. So, they got to come. It was really good to see other people and another
MYAC, which was really fun for us. Also right before Christmas we had the amazing
opportunity -- amazing to make Ben's Bells and participate in that program. They are
bells that are reminders for people to -- and to the general public to be kind, because we
all need that and they are put in our community for people to find and act as a reminder
to go above and beyond to help each other out. So, they are really good reminders.
know like for me it's a good reminder, I keep one in my bag that I take places and it's
actually a good reminder, I will just testify myself with that. Also -- oh. And even on top
of that after they -- they put -- after we worked on these bells they were made and
shipped to New Town, Connecticut, as a gift of healing to that community and even on
top of that the news did a story on it, which I felt was cool. And, then, so right after the
Christmas holiday, moving along, we jumped right into where we left off and we sent a
team to the state capital to lobby with the American Lung and Heart Association. The
team met face to face with Senator Winder and Representative Holtzclaw. We were
also presented with our government affairs subcommittee advocacy campaign will be at
the legislative town hall and host our annual legislative breakfast. I wasn't personally
there, but I heard that it was -- it was a success. They were -- we were all really happy
to host seven state legislators to a breakfast and to advocate for the Idaho Suicide
Prevention Hotline. And, then, just a few other items to note that we got moving along,
we are really excited about. We were able to secure a partnership with the Mayor's
Anti -Drug Coalition for our anti -nicotine event by them -- by them matching our one
thousand dollars we won from a grant, we are now able -- which this is something we
are really excited for -- we are now able to rent out Big Al's for a night and be the entire
bowling alley for an event that we call STAND and we want to raise awareness for teens
to really, you know, come and bowl and have a good time, but also don't put nicotine in
yourself, you know, and the dangers of it and why it's important and we thought this
would be a really good way to really get the message across. So, we thought this would
be a good way and we were so thankful for the -- the Mayor's Anti -Drug Coalition to give
us this grant to help us with Big Al's to help rent out Big AI's. And so at this event they
will learn all the dangers of smoking and on top of that another thing we are really
excited about -- we were -- the executive council of MYAC we were featured in a two
spread page in the Urban Liaison Magazine and they did a story in our Outreach To
Meridian. So, finally, to end this, after all the hard work we had put in, we went ice
skating and recently saw an Idaho Steelheads game. I also wasn't there at that, but,
Meridian City Council
January 22, 2013
Page 6 of 53
believe me, I really do like MYAC, but I wasn't there, but I did also hear that it was good.
So, they always tell me good news. And so -- so, basically, all of MYAC -- because we
have been having a lot of fun time and been able to do some really cool things. So, we
have been really busy, so if you guys -- that's about it. Do you have any questions?
De Weerd: That was a good report, Caleb. Any questions from Council?
Bird: I have none.
Rountree: No.
Bird: Thank you.
Rountree: His enthusiasm wore me out.
Knapp: We are a determined group of young people to do something.
De Weerd: Well, I can tell you there is a lot of moving parts and really appreciate Ken
and the energy that he -- he gives to the group. But we have a lot of kids this year and
so they have divided into the subcommittees with government affairs that are attentive
to the advocacy campaign for the Idaho Suicide Prevention Hotline and STAND, which
stands for Students -- Students --
Knapp: Students -- never mind.
De Weerd: Let's see. STAND. Supporting Teen Against Nicotine Dependency. And
so that's the DA that the community service has been very active with Ben's Bells. They
are doing a number of events and to the Teen Activities Council. So, they are getting
prepared for a very busy spring as well and, Caleb, we appreciate your report tonight
and -- and, actually, Caleb just volunteered to write another grant that they are pursuing
and so just those -- those young people that are willing to stand up and to throw their
energy behind some of these things is just phenomenal. It's a pleasure being involved
with you.
Knapp: It's a pleasure being involved with all of you guys and Ken. I mean I'm so glad
you guy picked Ken. I mean he's one of the best guys, his energy into our group.
De Weerd: He owes you -- or you owe him, Ken. Thank you, Caleb.
Knapp: Thank you so much.
Bird: Thank you.
Item 8: Action Items
Meridian City Council
January 22, 2013
Page 7 of 53
Located East Side of N. Meridian Road and South of E. Ustick
• •Request:• 6.99 AcresofLand from
and R-1 in Ada County to the R-8 (Medium -Density Residential)
Zoning District
B. Public Aearing: CUP 12-020 Tomorrow's Hope by Thair Pond
Located East Side of N. Meridian Road and South of E. Ustick
Road Request: Conditional Use Permit Approval to Operate a
Nursing Care Facility Consisting of Two (2) Buildings on 1.9
Acres inProposed Zone
De Weerd: Okay. Council, the next two items are public hearings and after I sign these
reports I am going to leave. My daughter leaves for the Netherlands in the morning. My
second daughter now. If someone thinks this sounds familiar. Now it's my older
daughter. So, I will be removing myself and turning this over to Council President
Hoaglun. But I will at this time open the two public hearings to Items A and B on AZ 12-
014 and CUP 12-020. And I will turn this over to staff at this point.
Parsons: Thank you, Madam Mayor, Members of the Council. The first item on your
agenda this evening is Tomorrow's Hope. The property is located on the east side of
Meridian Road south of Ustick Road. It's currently zoned R-1 and RUT in Ada County
and it consists of two parcels totaling, again, 6.99 acres. The property -- if you look at
the exhibit on the right-hand side you can see that the property is currently developed
with a single family residence and several out -buildings. Because there is two parcels
here the residence will remain as part of the annexation request. It is currently hooked
up to city sewer at this time. Upon annexation the house will have to hook up to city
water as well. Because the applicant is only requiring -- or requesting to develop the
northwest corner of the property, which is approximately 0.65 acres of land, the
applicant has provided a concept plan for you this evening showing how this project, the
nursing care facility, could integrate with the existing residence and also a future
subdivision. Keep in mind this is a general concept. We haven't looked for consistency
with dimensional standards or open space requirements in the UDC or even density
requirements as well. Just wanted to give Council a flavor of what could develop on
that property given the amount of acres out there. So, right now one of the
recommended DA provisions is to generally tie them to this concept plan. Really, the
intent, again, is just to show how all these uses could blend in the future. The applicant
is proposing a nursing care facility consisting of 16 beds in two buildings. There are
single story structures, approximately 2,800 square feet. Currently the existing home
does take access from Meridian Road as you see here. Because local street access is
not available at this time they are required to provide a cross -access agreement to
provide access to the facility and that's conditioned as well. It's pretty minimal
landscaping as well. Moving forward we are looking at a 25 foot landscape buffer along
Meridian Road and, then, along the southern boundary of the shared driveway they are
proposing a ten foot landscape buffer and the rest of it is just standard parking lot
landscaping in accordance with the UDC as well. Here are the elevations that the
applicant is proposing. Again, they are meant to emulate a single family home. That's
Meridian City Council
January 22, 2013
Page 8 of 53
kind of the business scheme of this development is to keep it small in nature, small
scale, make it really look like a single family residential use out there and not -- at least
residential use on the property as well. Moving forward staff is recommending a DA
with the annexation of the property. The first DA provision just deals with the cost of
sewer and water connections will be borne by the developer. The second deals with
that general concept plan, just noting that any future development will have to comply
with any ordinances in effect at the time of development when there is something
proposed for that southern lot. Again mention to Council they are required to hook up to
city water within 60 days of annexation approval. Number D deals with the desire or the
requirement to comply with the R-8 dimensional standards. As I mentioned to you there
are several out -buildings and residents on this property that may remain if it develops as
shown in the concept plan. Moving forward we certainly want all those structures to
comply as well. The existing structures comply. If they don't in the future more than
likely they will have to be removed. Item E deals with right of way dedication. Because
they do front on Meridian Road ACHD is requiring that they dedicate 56 feet of right of
way measured from center line of the roadway. The applicant's site plan and landscape
plan before you this evening does depict that right of way dedication for the northern
half of where the nursing care facility is to be located and, then, Item S addresses timing
and construction. So, basically, with that concept plan, without having really any other
applications before us, staff felt it appropriate that we allow them -- and Commission
concurred -- that we move forward -- allow them to move forward with building permits
on the nursing care facility for that northwest corner, allow them to obtain building
permits for the existing residence and those out buildings and that no other building
permits would be issued until the property was -- received subdivision approval from
Council. During the December 28th, 2012, hearing Commission did recommend
approval of the applications with no modifications. Speaking in favor was Denice
Lauerman and Thair Pond. There were several neighbors commenting on the
application who were against the project. Their primary concerns had to deal with how
this place was -- how the facility would be run and what regulations were in place for
such a facility. I would let Council know that the applicant did spend some time with the
concerned neighbors after the meeting kind of detailing how the facility would be run. I
have not received any additional telephone calls or e-mails from any of the adjacent
neighbors on this application. I would let you know I did receive written testimony from
the applicant in agreement with the Commission's recommendations. Other than that
public testimony there aren't really any other outstanding issues before you this evening
and at this time I'd stand for any questions you have.
Hoaglun: Thank you, Bill. Questions? Councilman Rountree.
Rountree: Mr. President. Bill, what's the zoning of the properties to the north and south
and to the east?
Parsons: Councilman Hoaglun, Councilman, Rountree, right now there is a single
family residence to the north that's zoned R-4. And, then, to the south of this property
there is a residential subdivision zoned R-8 and, then, primarily the rest of it is --
Meridian City Council
January 22, 2013
Page 9 of 53
Rountree: County.
Parsons: -- in the county still.
Hoaglun: Bill, I had a question. You mentioned a cross -access would be part of the
DA. Is that -- it would not be defined at this time, it would just -- if there is development
that -- that would match up, is that the requirement? Because I'm not sure how -- where
a cross -access would work on something like this looking to the north and south,
possibly to the east.
Parsons: Councilman Hoaglun, currently the existing driveway is right here. This
specific lot that -- where the nursing care facility is to be located does not have access
to Meridian Road. So, one of the conditions of a conditional use permit requires that
they submit a recorded cross -access agreement and, basically, this property owner
grants his own property the right to use his driveway and, then, turn in off of this shared
driveway and, then, the intent moving forward is that will become a local street in the
future, thereby meeting that requirement. We either get cross -access -- code requires
you to cross -access or a local street connection in the future and I think we have that
pretty well detailed in the staff report at this time.
Hoaglun: Or they just go away. It may not happen, depending on how everything
develops out.
Parsons: That's correct.
Hoaglun: Okay. Got it. Thank you. Any other questions for Bill? Would the applicant
like to testify? If you would give your name and address for the record. Welcome.
Lauerman: Hi. I'm Denice Lauerman at 462 East Shore Drive in Eagle, Idaho. I don't
really have much to add. Bill covered it and we are in agreement with all the design
features. We just want to fit into the neighborhood and we think we have done that -- a
good job of it. So, if you have any questions for me.
Hoaglun: Okay. Thank you, Denice. Council, any questions for her while she's up --
Bird: I have none.
Hoaglun: -- at this time? Okay. Thank you. We will move forward with the public
hearing portion of this. I have a couple of people signed up to testify. Maybe. Jacob
Stott. You're here with the scouts, right. Okay. And, then, Rick Stott, you're also with
the scouts. So, you signed this, we won't make you testify on this, so -- but write up a
good report. You got to explain every detail, so -- all right. Is there anybody else
present who would like to testify, provide comment to the City Council on this issue and
has not signed up, you're welcome to do so right now. Hearing none, usually we let the
applicant close the public hearing, but -- any comments, Denice, that you want to give
any further? Okay. Bill, anything further you want to comment on?
Meridian City Council
January 22, 2013
Page 10 of 53
Parsons: No, sir.
Hoaglun: All right.
Zaremba: Mr. President?
Hoaglun: Councilman Zaremba.
Zaremba: I did have one typically off-the-wall question that actually involves the
property just to the north. As an R-4 I would assume it's already annexed into the city.
What is the plan for access to Meridian Road if that property should develop differently?
Does it need access through this property or will it have a Meridian Road access?
Parsons: Councilman Zaremba, I don't really know the history on that property of why it
annexed at this time. At this junction, given the small scale of this development and the
way the site plan is oriented staff has not required a cross -access for that property.
Currently it is developed with a single family home with access to the street. If -- I would
envision at some point if this portion here were to redevelop more than just the home
that you see in the concept plan right now they have a pretty large lot here. At some
future point if that were to redevelop you could get some stub street to that property in
the future. At this time there is nothing structured in the DA or the conditional use
permit to require that cross -access.
Zaremba: But you're making it sound like farther down the line there might be
opportunity to -- if anything should come up --
Parsons: There may be an opportunity.
Zaremba: -- they might be able to. Okay. Thank you.
Hoaglun: Thank you, Bill. Anything else, Council? All right.
Bird: Mr. President?
Hoaglun: Councilman Bird.
Bird: I move we close the public hearings on AZ 12-014 and CUP 12-020.
Rountree: Second.
Hoaglun: I have a motion and a second to close the public hearings on Items 8-A and
B. All those in favor? Any opposed? All ayes. Motion carries.
MOTION CARRIED: ALL AYES.
Bird: Mr. President?
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January 22, 2013
Page 11 of 53
Hoaglun: Councilman Bird.
Bird: I move we approve AZ 12-014 and to include all applicant and staff comments.
Zaremba: Second.
Hoaglun: We have a motion and a second to approve AZ 12-014. Madam Clerk, could
you, please, call the roll.
Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
Hoaglun: All ayes. Motion carries.
MOTION CARRIED: ALL AYES.
Bird: Mr. President?
Hoaglun: Councilman Bird.
Bird: I move we approve CUP 12-020 and to include all staff and applicant comments.
Zaremba: Second.
Hoaglun: I have a motion and a second to approve Item 8-B. Madam Clerk, could you,
please, call roll.
Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
Hoaglun: All ayes. Motion carries. Thank you.
MOTION CARRIED: ALL AYES.
C. FP 12-001 13-001 Chesterfield No. 2 by Northside Management
Located at South Side of W. Pine Avenue, Midway Between N.
Black Cat Road and N. Ten Mile Road Request: Final Plat
Approval of 43 Residential Lots and 7 Common Lots on 9.38
Acres in an R-8 and R-15 Zoning District
Hoaglun: Moving on to Item 8-C, FP 12-001 and, Bill, is this yours?
Parsons: Yes. Thank you, Mr. President, Members of the Council. Next item on the
agenda is Chesterfield final plat. This property is located on the south side of Pine
midway between North Black Cat and North Ten Mile Road. Back in December --
December 2011 Council acted on the preliminary plat for Chesterfield and they
approved the preliminary plat and a rezone. That's why you see a small sliver of R-15
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January 22, 2013
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here as well. What I have done here for you on the preliminary plat is show you which
of the phase in -- what portion of the phase is being platted with this subdivision as well.
Open space for this subdivision is some passive open space lots, drainage lots here
and here, street buffers, and, then, also there is some common lots at the end of the R-
15 zoned property as well. We are looking at 42 residential lots and seven common lots
on approximately 9.38 acres. I would let Council know that this plat does conform with
The approved preliminary plat and the open space approved with that project as well.
The applicant has submitted written comments in agreement with the conditions in the
staff report and at this time I'd stand for any questions you have.
Hoaglun: Thank you, Bill. Council, do you have any questions?
Bird: I have none.
Rountree: None right now.
Hoaglun: Mr. Zaremba?
Zaremba: Mr. President, just thinking about this -- I know we have discussed this earlier
and I don't remember what the resolution is. The access to this subdivision is Pine,
which at this point, until it's connected, is a cul-de-sac and we generally don't allow
more than 50 residences to be built on a cul-de-sac until there is a second access. I
remember a discussion on this the last time something came through on this property
and I don't remember the resolution.
Parsons: Councilman Zaremba, I'm sorry I failed to mention that in my presentation, but
if you recall in that DA there was a concern for secondary access to this development
given the number of homes that had already been constructed and the number of lots
platted with the first phase and so as part of this plat the applicant is providing that
secondary access from Pine Avenue and that's what you see located here. So, there
will -- there won't be a cul-de-sac there. There will be a connection that comes through
and, then, ties in with phase -- so the next -- the next Pine Street connection is
somewhere in this location here and, then, these stub streets will be connected through.
So, I'm not sure if there is --
Zaremba: Yeah. My question, Mr. Chairman -- or President, if I can follow up.
Hoaglun: Sure.
Zaremba: My question actually was about Pine itself. Not the access to Pine, but the
access that Pine gives to Black Cat, actually.
Parsons: I don't believe that that will be extended beyond the 150 foot threshold, but I'd
defer to Parry on that to see if he had any comments on it.
Hoaglun: Chief Palmer, any comments?
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January 22, 2013
Page 13 of 53
Palmer: When you look at the neighborhood to the north of this, we feel that that gives
us the connectivity to be able to get in there should Pine be blocked, that there are other
accesses in from that neighborhood to the north to get into that area.
Hoaglun: So, it looks like, Chief Palmer, you come up -- Big Creek I think is the access
point from North Black Cat and, then, down --
Palmer: Correct.
Hoaglun: --in that way.
Palmer: Correct.
Hoaglun: Okay. That meets the need.
Palmer: Yes.
Hoaglun: Thank you.
Zaremba: Thank you. Now that you mention it I do recall that. It seems like it was
awkward, but it's doable. Okay. Thank you.
Hoaglun: Any questions for staff at this time? Is the applicant here and like to
comment?
Brownlee: Thank you, Members of Council. For the record Shawn Brownlee, Trilogy
Development. Business address of 2358 South Titanium Place in Meridian. And just
want to stand for the record that we concur with the staff report and the conditions of
approval and with that I'll stand for any questions.
Hoaglun: Thank you, Shawn. Council, any questions for him? Great. Off the hook.
This not a public hearing, it is a final plat approval, so, Council, what's your desire?
Rountree: Mr. President?
Hoaglun: Yes, Councilman.
Rountree: I move we approve Item 8-C, FP 12-001, Chesterfield No. 2.
Zaremba: Second.
Hoaglun: We have a motion and a second to approve Item 8-C. Madam Clerk, would
you, please, call roll.
Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
Meridian City Council
January 22, 2013
Page 14 of 53
Hoaglun: All ayes. Motion carries.
MOTION CARRIED: ALL AYES.
Hearing:D. Public OA Text Amendment by
12-003 Sign Code
City . - Planning
Request: Amend• • " -City's Current• •
Signss for
Hoaglun: Item 8-D is a public hearing on ZOA 12-003 and staff report on this will be --
oh. Kristine Welcome.
Hood: While Kristy is getting situated, I just, for the record, the agenda had the last
project Chesterfield final plat number two as final plat 12-001. It's actually 13-001. So,
same project, just -- it should be 13-001 on that project.
Hoaglun: That's -- thank you for pointing that out, Caleb. Yes, it is the first project of --
final plat of 2013. Council, do we want to make another motion on that or just
acknowledge that on the public record that --
Rountree: Mr. President, I would just note in public record that as printed on the
agenda is 12, but, in actuality, it was 13.
Hoaglun: And I appreciate --
Rountree: To reflect the current year.
Hoaglun: Yes. And our previous action was on 13-001. Thank you, Caleb. Kristy, you
are going to speak to us on Sign Code Text Amendment by the City of Meridian.
Vigil: Yes, I am.
Hoaglun: Go ahead.
Vigil: Good evening, President Hoaglun, Members of the Council. I'm here to present a
sign code text amendment. This is the first amendment that we have done since the
rewrite of the code and adoption in 2010. With this sign code text amendment a
majority of the revision is clean up, but there are three key revisions that I would like to
present to you this evening. One of the first -- one of the first revisions is to allow
projecting signs in commercial and residential districts. Currently the code only allows
projecting signs in the Old Town District and staff believes opening the projecting signs
to be allowed in commercial and industrial districts will help with projects like Fairview
and Eagle where CenterCal is and, then, also when our Ten Mile specific area plan
starts to develop and you have areas that have more walkability in there. So, staff is
trying to be proactive, instead of reactive on when those people want to put in projecting
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January 22, 2013
Page 15 of 53
signs. The second one that staff is proposing to change for one of our key changes is
to allow neon tube illumination. On the slide before you is a picture of the Hungry Onion
sign that has neon tube illumination both on the burgers and the curb service. This has
-- is currently not allowed for either wall signs or free-standing signs, but in the sign
industry this type of sign are coming back and so, again, we are trying to be proactive
instead of reactive in allowing these type of retro signs that are coming back in style in
the industry for our businesses and in the sign industry. The third key change in this
text amendment is to allow changeable copy signs to change more frequently than eight
seconds. This is a request that was brought forth by a Meridian business owner, but
because staff was going through with a UDC text amendment we decided to piggy back
this on with it. A little bit of history on that. The sign committee did meet on talking
about the changeable copy and removing the eight seconds for the static and we had
considerable discussion about it and could not come up with, okay, is eight seconds
good or is two seconds good and we are looking for some -- some recommendations on
that from Commission and Council. In addition to meeting with the sign committee, I
also did some research with the Idaho -- I think it's the Idaho Highway Administration
and I did some research with them on their signs they have above the interstates that
we will have Amber alerts or a buckle your seatbelt and they actually only have a
guideline on them, not a standard, and one of the guidelines is that they cannot be
longer than eight seconds. Eight seconds is their longest amount and the longer the
message is the shorter that amount. They have guidelines to be -- they even go down
to a few seconds I believe. So, that is the history that I have for you. On research on
that I have looked at different cities and eight seconds seems to be the standard. I have
looked nationwide. It seems to be the standard everywhere and because a Meridian
business owner has approached us for this we felt it important to bring it before the
Commission and the Council. This went before Council last month -- or, excuse me,
Commission last month. They did recommend approval. There was -- in favor was
Josh Davidson, Tony Meade, and, then, we had written testimony from Bill Fremgen.
The Commission recommended approval and one of the topics of discussion that they
had was the difference between a flashing sign and actually a sign that is changing. So,
with that I stand for any questions.
Hoaglun: Council, any questions?
Rountree: Mr. President?
Hoaglun: Councilman Rountree.
Rountree: Kristy, on the last item -- and I have been in those discussions and I think
where you have come to is probably the best you can do. However, I have seen
changeable message signs that become flashing signs and have been quite distracted,
as a matter of fact, with one that was blue and red and all those colors you don't like to
see in your rearview mirror. Is there something that -- in the ordinance that does not
allow that?
Vigil: President Hoaglun, Councilman Rountree, there are three separate sections in
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January 22, 2013
Page 16 of 53
the UDC that does prohibit flashing, strobing and signs that will look like emergency
vehicles. So, we do have those sections in there that code enforcement can use --
Rountree: Okay.
Vigil: -- if they need to.
Rountree: Even though they have approval for a changeable message sign?
Vigil: Yes.
Rountree: Okay.
Nary: Mr. President?
Hoaglun: Yes. Mr. Nary.
Nary: Mr. President, Members of the Council, Council Member Rountree, that was kind
of a concern or discussion of staff today in talking both with code enforcement, as well
as my staff, about that and -- and I think partly what we are I guess seeking of the
Council is some direction, because Ms. Vigil is absolutely correct, we do have
provisions about flashing, dazzling, and the appearance, but they are legal terms.
Dazzling makes it sound like it's something that you do with your jacket, but it really
actually has legal terminology to it, so it really has a meaning. But it can be problematic
from an enforcement standpoint if you have no standards so that the message may
change instantaneously, continuously, that it looks like a flashing sign, but yet the text
might be changed. So, there might be a method that actually is changing constantly
and so I'm always concerned, I'm trying to give code some tools in which to be able to
enforce when we do get those types of complaints and I think that's our concern is that if
we create, you know, very little to no standards at all, it could be problematic to enforce
later for those types of things. We do understand that, you know, on the roadway, you
know, for example, on Eagle Road at 55 miles an hour an eight second delay of a
message means you will have probably passed the sign by the time the second page of
that message were to appear. So, that is a problem and we recognize that that is
problematic. So, trying to figure out what's that balance between making sure the
message can be delivered, but yet not create the unintended consequence of more
problems than we started with is what we are seeking direction for tonight.
Hoaglun: Thank you, Bill. I have a question for you, Bill. I know there are signs out
there that change more than -- quicker than eight seconds right now. What is the --
what's the penalty if they violate something like that?
Nary: Well, currently if there is a complaint about those types of things or it comes to
the attention of our code enforcement officer, they will make contact with the businesses
and explain to them the concerns about the ordinance and what the compliance
requirements are and at least to my knowledge -- and Lieutenant Overton isn't here
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January 22, 2013
Page 17 of 53
tonight -- I'm not aware through my office that we have had to go beyond that type of
contact. Many times it is an error, it's something that can get corrected, it's a temporary
thing, and so many times it is just a contact from the city reminding them what the
requirements are and it hasn't been a problem. My concern would be is, then, again, if
we have really no standard at all, then, it makes code enforcement even pretty --
probably not being able to take any action and so we will probably -- we do get
complaints now about signs flashing too much, too brightly, too often, and it isn't usually
about the message, usually it's just the appearance themselves. So, right now we do it
through code enforcement, it hasn't gotten beyond that. That's -- again, we are trying to
avoid getting beyond that.
Hoaglun: Thank you, Bill.
Rountree: Mr. President?
Hoaglun: Councilman Rountree.
Rountree: A question for Bill again. And do you believe this language and the
language in the rest of the ordinance is enforceable or do you need something more
specific?
Nary: Council Member Rountree, Members of the Council, Council President Hoaglun,
yeah, we were -- we would -- if the Council is comfortable with it, it's certainly -- I mean,
like I said, Lieutenant Overton isn't here, it was the discussion I know from the sign
committee, as well as our internal group as well and, then, again, at Planning and
Zoning, our concern is is that if there is really no standard, so there is no limitation on
how often the message can change, again, we know what a message means, we know
what the difference between a sign and flashing may sound like, we know what dazzling
might sound like in relation to a sign, but if there is no standard between when
messages can change I think it will be problematic to enforce between flashing text with
changing verbiage versus flashing pictures and lights. We probably will be able to
enforce, if it isn't text related, my guess is text will probably be incorporated somewhere
in the flashing lights or the flashing displays to indicate they are really changing
message. So, I don't know exactly how we are going to enforce it. We hadn't really
gotten to that discussion today as to how we would address that.
Hoaglun: We do have some people signed up to testify. I think I have got one who is a
scout, Tanner Clements. Are you still here? Okay. Welcome. Good notes again. Bill
Fremgen. I'll let you correct me, Bill. Welcome. State your name and address for the
record, please.
Fremgen: Bill Fremgen and I'm owner of Pinnacle Sports Grill. I'm a resident at 5262
North Papago Place, Boise, Idaho. And I appreciate the opportunity to come before the
Council and to state my peace. I was the one who initiated the contact with Mayor de
Weerd and got to Kristy through Mayor de Weerd. I just wanted to state that I think, you
know, road signs are a powerful medium to be able to communicate with the public and
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January 22, 2013
Page 18 of 53
attract and inform customers. I do think that it, you know, gives us the ability to keep
business in Meridian and also to compete with the national chains that have the, you
know, advertising budgets that mom and pop's local don't have. And I think currently
the sign code as written is very restrictive and not really mainstream and that, you know,
as was mentioned before when cars are going by at 55 miles an hour I don't have an
opportunity to get a message to hardly any of them at that speed. Luckily I see them
back up at the sign there at Ustick and I can take kind of the back of the airplane seat
approach for a little while while they sit stuck there, but I think from my research there is
no scientific data to indicate that really any interval in sign message change has
resulted in traffic safety issues. They have done numerous national studies looking at
intersections before any signs went in and, then, looked at them again after the signs
went in and irregardless of the frequently of the message change, even full motion
video, they found no safety issues correlated with that, you know. So, I think that, you
know, from a, you know, an intuitive sense people would think that people are going to
get distracted and it's going to cause safety issues, but it's certainly not borne out in the
scientific data. I think that the people in animal costumes dancing at the side of the
road with signs and cheerleaders with their, you know, car wash, you know, placards
they put out are certainly more dangerous than a sign 15 feet above the road, even if it
is moving at a rapid pace or even blinking. I do understand that there is maybe some
esthetic concerns and we don't want to make this into a Las Vegas looking environment,
but I think that, you know, perhaps down to a one second increment might be enough to
lend to some enforceability, but also be able to get a message across that's going to be
conducive to the business people being able to communicate with the customers out
there. I think that's my main position on it and if you guys have any questions for me as
a business owner I would be happy to answer them.
Hoaglun: Thank you, Bill. Council, questions?
Bird: I have none.
Hoaglun: I did have a question and that is at your location on Eagle Road what would
you run your sign intervals at? Would you be two seconds? Is one second awfully
quick? Is it three seconds? What in your experience would you do?
Fremgen: You know, one second sometime you will flash -- I flash, you know, Monday
Night Football, boom, boom, boom and that -- anything less than one second would be
like kind of odd, like Monday -- Night -- Football and people are like what is that, you
know. You really -- in order to get that message to look seamless you really need to
have an increment fairly small. I think, you know, getting sub one second it can give the
appearance of a flashing or a strobing, but that's been my experience. You know, I did
try to try eight seconds and it was -- it was -- and I think if you look at most of the signs
it's largely ignored. I think three and four seconds is probably what's going on in most
cases. I think down to a second would really give you the ability to -- to be able to
communicate fairly effectively.
Hoaglun: Okay. Thank you.
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January 22, 2013
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Fremgen: Thank you. Appreciate it.
Hoaglun: The other person signed up Tony Meade. Welcome, Tony. If you will give
your name and address for the record, please.
Meade: Thank you. My name is Tony Meade. I am with Idaho Electric Signs and I
reside at 1812 Lotus Ponds Court in Nampa, Idaho.
Hoaglun: Thank you.
Meade: I think what the city and, you know, Kristy has done with this sign code is really
good. The eight -- basically, what the eight second standard that most of the cities have
are basically designed for billboards. When they started going to the electronic
billboards they did not want in many of the cities all of the different advertising -- you
know, moving too fast, but the on -premise signs mainly are, kind of like Bill said, if you
do not get these advertising down into a one or two second interval you're -- number
one, you have to have at least two to three seconds to be safely -- see the
advertisement and act on it. If you're far enough down the road you can see the ad and
read it and understand it, then, you can safety react to it, make a turn, do whatever you
need to do. Otherwise if you have this long thing that you cannot get through it
completely ruins the advertising and that's more where safety is an issue than it is with,
you know, one or two second intervals changing your copy and that's about where I
stand. I would be happy to answer any questions that you may have.
Hoaglun: Thank you, Tony. You raise an issue that brought a question to my mind.
What size does a sign have to be before it becomes a billboard?
Meade: It's an off -premise sign.
Hoaglun: Okay. A billboard is off premise it's not based necessarily on size?
Meade: Exactly. Yeah.
Hoaglun: Okay. Council, any other questions?
Bird: I have none.
Hoaglun: Great, Tony. Thank you very much.
Meade: Thank you.
Hoaglun: Appreciate it. Kristy, any follow up from the testimony we heard?
Vigil: I think that what Mr. Fremgen was saying about having a lower second interval is
more of -- on the guidelines of what I was hoping we could have discussion about. The
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January 22, 2013
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committee just didn't know exactly where -- what number to come up with and so we
wanted to bring this discussion before the Commission and Council to see where this
would go and instead of striking the language completely I think that having a lower
second interval would be in the best interest of the city.
Hoaglun: Council, thoughts?
Rountree: I don't have a bit of problem with that low frequency level as far as
changeable message. The thing that concerns me is -- and the sign I'm thinking about it
was fireworks learn that wasn't a message. It was bolts of lightning, if you will, and multi
colors and stars and stuff flashing all over this changeable message sign. There was
no message there and to me that's not advertising, that was just -- we got a neat sign
and we can make it do all kinds of fun stuff and I don't know how you get around that
versus advertising a product or your company or whatever. The message itself can go
by as fast as it wants to go by. I don't have a problem with that one second. I think the
language you have got up here would allow any speed more frequently than eight
seconds. To me a second is included in that statement. So, the statement is really kind
of -- to me it's not an ordinance, it's a -- it's a limit if you will. But it doesn't say you can't
go more than eight seconds, but it doesn't say you have to do eight seconds. It doesn't
mean you can't do a half a second. So, if you're looking for a line in the sand, if a
second is the line for text and a message, I'm okay with that. But if it's just a light show
to me that's very distracting as a driver, because I'm looking for a message if I see a list
advertising. I mean I want -- I frequent Pinnacles and I want to make sure that tonight's
the night I want to be there. Not stars and dashes and bolts of lightning and whatever
as I'm going down the street that in my rearview mirror or at a distance looks like an
accident.
Nary: Mr. President?
Hoaglun: Mr. Nary.
Nary: Yeah. Mr. President, Member of the Council, Council Member Rountree, I guess
the only distinction I guess from a legal prospective we need to draw is court -- courts
are going to -- we are going to wrestle with courts over -- if we could separate between
text and, essentially, everything else, because the problem we will have -- and I totally
understand from a very practical standpoint what you're saying makes perfect sense,
but I understand there will be businesses that say their color or their logo or their symbol
are their advertising and that's what they want to be able to display. So -- and I -- and
courts are going to -- are going to probably side with that to some degree, McDonald's
arches and there is certainly lots of symbols that we know are more symbols than text.
But -- but from a practical standpoint from an ordinance and enforcement, if we -- if we
distinguish that text can be done at a certain rate and the others would be done at a
different rate, because of what you're saying there is some safety readable text at a
certain speed or a certain distance over certain type of roadways, readable text requires
some period of time between the text, whether it's one or two seconds, versus eight,
can kind of make some sense and I think that's what we are talking about. I think if you
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January 22, 2013
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want to limit the numbers of color symbols, other things, to longer periods of time,
because it isn't text, you know, like the gentleman that spoke and said if I'm trying to put
up Monday Night Football and I have a very limited space, having even a four or five
second delay between them seems very odd or disjointed. But having a four or five
second display between symbols and colors and such may not be quite the same. That
might be I guess a better dividing line from an enforcement standpoint between text and
everything else. Right now our ordinance lumps them all together. We have graphics,
letters, numbers, colors, brightness, all of it are the same. If you want to separate text
out and allow text at a faster rate to allow the messages to be done at a rate that's a
more reasonable rate, but the other things -- because we are trying to balance the -- like
you said, the flashing, the distraction, the appearance that it's something other than a
sign and it might be something else, we are trying to limit that to some degree, then, at
least that's something that's a little bit clearer to explain to a court why text is allowed at
a two to four second interval and everything else is at a four to six to eight second
interval, whatever that is.
Rountree: Makes it more complicated.
Nary: That's why we are here.
Rountree: It tougher for Jamie and John.
Zaremba: Mr. President?
Hoaglun: Councilman Zaremba.
Zaremba: I just -- I, too, have served on some of the earlier sign committees and I have
-- we had a number of discussions about esthetics, as well as safety. The movable
signs, of course, are the modern replacement for the old one where you went out with a
suction cup on a long pole and changed one letter at a time and the sign probably
changed once a week if that. The modern improvement on that is fine, except that as
you get business after business after business on a street with these changeable signs
it does begin to look like Las Vegas or the bad example people give is Van Nuys,
California, where you can drive down the street and not be able to pick out a traffic
signal from the pile of signs that are changing colors and in that manner they are
distracting. You can't find the traffic signals from among the other things that are going
on. If I remember the original sign ordinance, it was far more restrictive than we even
are now. It was something like nothing could change for ten seconds. Not color, not
text, not graphics, it had to be static for ten seconds, if I'm remember that correctly. So,
we have gone a long way in saying, okay, there may be other things that could be
changed, we moved it down to eight seconds. I do feel there needs to be a target time
in there that is timeable and enforceable. If that were five seconds that -- that would
probably satisfy me. Going any faster than that when you think of a series of sign -- we
have also enlarged. I think the original ordinance only allowed it to be 15 percent of the
size of the sign, now I think we are up to 25 or something like that. The question is the
image and I do understand the importance of the signs. Many years ago I read statistic
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January 22, 2013
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that said something like a motoring public needs to see a business sign 15 times before
they even recognize that they ever saw the sign and 25 times before they can pick out
where the location was that they saw it. So, the sign is important to a business for
having people identify where it is. It's -- it's the advertising that's on the site. It's the
advertising that gets people to know where this business is. Any other form of
advertising you have to explain where the business is. So, I know how important that
on-site signs are to the business. I weigh that against the business's ability not just to
have their sign with their name on it out there, but to be able to put up menus and
events have a message that -- that needs to have all those changes in it and I just think
if you think of what could be collected up and down a street, whereas you know, if it
were only one sign on the street, then, we probably could get by with no rules, but we
are talking about the whole environment of signage that could be on many buildings in a
row and I just think we need to stick with not so frequent a change on any one sign,
because they are all changing all that frequency. I believe there is a safety issue to it
and there definitely is an esthetic issue to it. So, I could see saying no more frequently
than five seconds, but I'm not sure I would want to go any shorter than that.
Hoaglun: But, Councilman Zaremba, I see a problem with it. It depends on the speed.
If you're on the freeway going 65 miles an hour, five seconds and I want to see that
second half of the message, so I'm turning around, because I didn't see the second
sentence of that, am I creating a hazard, especially if I turn the wheel when I turn, but I
remember that from driver's training.
Zaremba: Uh-huh.
Hoaglun: But -- yeah, turn the wheel when you turn your head.
Zaremba: My response is the message shouldn't be that long.
Hoaglun: But, you know, if I'm able to go down Eagle Road 55 -- haven't been able to
do that for awhile, but if I want to see if Pinnacle has their finger steaks on special
tonight, I want to know that and not get past that before -- but I don't want to create a
code that says, well, if it's a 35 mile an hour speed zone and your sign can go this fast
and if it's 55 -- that gets too complicated. You know, I think we need to set one standard
and I'm a little more open to it. I think a one second sign interval is fine for a text. As
Councilman Rountree kind of pointed out, these other factors that come into play with
the flashing lights and especially another sign I'm thinking on our freeway and I was
thinking it's a sign -- it's a billboard size sign, that with everything going can -- you can
have quite a distraction with the complexity of it. It's pretty unique, so -- but for text
changes a second interval, we have a standard, it works. Monday Night Football here,
boom, boom, boom, totally what I needed to know. So -- but I understand the --
Zaremba: Mr. President?
Hoaglun: Yes.
Meridian City Council
January 22, 2013
Page 23 of 53
Zaremba: Well, for the issue of the graphics, which, essentially, as Councilman
Rountree said, don't send a usable message, other than just to distract you and make
you look, I would say they should be subject to a time as well.
Rountree: Bill and Kristy, work with me on this. I'm thinking that the language is to
allow changeable copy signs to change as frequently as one second or more. Any
changeable copy sign displaying graphics and, then, cite those other places in the
ordinance that talks about dazzling and whatever, are not allowed. So, at least the
person who has a changeable message sign gets the message that text down to a
second -- if I want to do something else to celebrate the Fourth of July or, you know,
have stars or bars or whatever on there, it's going to be a little longer than a second.
But it's not going to pulse out there at you. That's the difficulty with the ordinance is you
set a time here and, then, someplace else it tells you you can't do it. If you're not going
to be able to do something, at least it all ought to be together where you can read it
together.
Hoaglun: Kristy, are we helping you any or is it making it more difficult?
Rountree: She's having a great time.
Hoaglun: What questions do you have that we can help clarify here? I think you're
getting a sense of the direction and the discussion, but --
Vigil: Yes, you're helping quite a bit. And, actually, I have the ordinance here with me
and I think we could rework the section to allow text to change more frequently than
graphics or animation or something like that. I don't -- I don't think that we could -- that
would be feasible. I think we could do that if -- if that's the direction that you guys would
like to go. But, yeah, I'm getting a lot of direction from you and I do appreciate it.
Hoaglun: And I think, Councilman Rountree, is animation a word we are looking for in
those types of signs or is that -- are there other things as well? I know what you mean,
but I don't know what we say. I guess that's why we pay the lawyers the big bucks to
come up with those words.
Rountree: That's a problem, we know what we mean and the lawyers interpret it
another way and we get in trouble.
Nary: Judges interpret it a different way.
Bird: Make sure we don't confuse everybody is my main concern is that we get it clear.
Vigil: I agree, Councilman Bird. It's already hard enough and that's -- I like to write it so
anybody can understand it.
Bird: I think you got our -- the gist of the way we want to go on the time, the frequency
and stuff, and what we want -- to be one second or so and I think you can -- with the
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January 22, 2013
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help of the legal department rewrite it and bring it back to us.
Vigil: I can.
Zaremba: Mr. President?
Hoaglun: Councilman Zaremba.
Zaremba: Just as a suggestion, many of our ordinances have had a definition section
or glossary at some place and we -- separately from this we could define text and define
animation and graphics -- make maybe animation and graphics as one subject --
Rountree: And dazzling. I want to see that.
Zaremba: Yeah. But we might be able to solve that just by putting it in definitions.
Vigil: Anna made me put the word dazzle in the ordinance. I asked her, no, please, but
it's in state statute, so --
Zaremba: Okay.
Hoaglun: I will have to say, Councilman Zaremba, you threw me a curve ball when you
were talking about that famous place and -- besides Las Vegas. I was expecting Time
Square and, you know, Van Nuys, that was a -- I wasn't ready for that one.
Zaremba: Van Nuys, California?
Hoaglun: Yes.
Zaremba: Try and drive through there sometime. You can't find the signals.
Hoaglun: What -- Kristy or Bill, what -- what's the next step here? Are you going to
work on some language and draft it up and come back to Council, have another public
hearing, or what -- what's our process to follow?
Nary: Mr. President, Members of the Council, so we will bring some different language
back in the -- in the appropriate format for approval. We could put it on for a reading
with public -- with public opportunity to comment. That certainly is not a problem. We
can do that.
Hoaglun: Okay. So, Tony and Bill, you can -- that will be online and you can go
through that and see if that meets what your expectations are and certainly we can go
through that process and any questions be sure to follow up, so -- okay. Kristy,
anything else?
Vigil: So, this -- this does come back for findings before it goes to an ordinance, so
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findings would be in two weeks. So, you would have findings before you in two weeks.
Hoaglun: Okay.
Vigil: Okay. So, we could have something for you then to review. It wouldn't -- at that
time I don't believe public testimony is taken for findings, because they are on the
Consent Agenda.
Hoaglun: Yeah. But if we do have questions we can follow up with constituents on this
to make sure that there are things -- because this is rather complex --
Vigil: It is.
Hoaglun: -- and I'm no sign expert. I barely learned what a billboard is for sure. It's not
based on the size. So, Councilman Bird, you had a question?
Bird: Yeah. I got -- I got a question. You know, this is kind of -- a thing that public
might want to -- even after we redo it. We could actually hold this public hearing open
and continue it. That would be my preference. Then you guys get your new language
and, then, if the public wants to -- we got it -- we have already got the public hearing
open, we can get testimony or not, whatever they want to do, but at least we do that
and, then, we can have the ordinance right there, too. That would be my preference, to
just continue this.
Rountree: Is that your motion?
Bird: That's my motion.
Hoaglun: Is there a second?
Rountree: Second.
Hoaglun: To leave the public hearing -- we have a motion and a second to continue the
public hearing --
Zaremba: And we need to do that to a date specific, yes.
Hoaglun: To -- and I don't have a January calendar up here.
Bird: How about the 12th? Would that give you time? That's a workshop. Kristy?
Vigil: Yes, Councilman Bird.
Bird: The 12th is a workshop, so the 5th or 19th.
Vigil: Of February?
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January 22, 2013
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Bird: Yeah.
Vigil: Let's go with the 19th, please.
Bird: Okay. Continued to February 19th.
Hoaglun: And second agrees?
Rountree: Yes.
Hoaglun: So, we have a motion to continue the public hearing until February 19th. All
those in favor, please, say aye. Motion carries.
MOTION CARRIED: ALL AYES.
Hoaglun: So, we will continue the public hearing to February 19th and by then we will
have some language out there for everyone to take a look at and you can comment
further on. So, thanks for being here tonight and appreciate it.
E. Request by Matt Hart of Civil Survey Consultants for a Fee
Waiver for Rezone A '1• • o - Property Located
iMeridianRoad
Hoaglun: Our next item of business, 8-E, is a request by Matt Hart of Civil Survey
Consultants for a fee waiver for a rezone application for the property located at 807
North Meridian Road. So, is the applicant here to make the request? Welcome.
Hart: Thank you.
Hoaglun: We won't be talking about signs for awhile, so that's good.
Hart: Thank you, Council. My name is Matt Hart. I'm with Civil Survey Consultants
here in Meridian and I reside at 4428 West Campfire Street also here in Meridian.
I'm here representing my client LTD, LLC. We are proposing to rezone a property on
Meridian Road. Actually, just up the street here, 807 North Meridian Road. This project
is adjacent to the Meridian Road split corridor project that's currently under construction
and as part of the right of way negotiations between my client and ACHD -- ACHD had
agreed to help facilitate the rezone of this property from the current zoning R-8 to Old
Town. We have had some preliminary discussions with the -- with the city last year
about this. The city was in agreement that this would be the -- the ideal time to go
ahead and rezone this property. Typically when ACHD is the applicant the city waives
their fees. ACHD decided to have the property owners apply directly for this. There
was some discussion that -- that the fees would still be waived for this, because it was a
direct result of the right of way negotiations for this roadway project. But the waiving of
the fees is something that has to be done by Council and that's why I'm here tonight to
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January 22, 2013
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ask you if you would waive those fees.
Hoaglun: Thank you, Matt. And maybe I should ask staff to -- if they had any
comments first, but I didn't know if you guys were going to weigh in on this or not. But,
Caleb, any comments?
Hood: I would just provide a little bit of the background information. As Matt said, we
did have communications with ACHD somewhere around a year ago. Did tell them that,
yes, we have this agreement and if ACRD applies we can waive fees. I don't know what
has or hasn't transpired since then, but it's my understanding that ACRD is no longer
the applicant in this situation, so we have directed them to come to you to ask for that
waiver. Back when we talked to them about a year ago there were I think three
properties that we actually talked about ACHD rezoning them appropriately to Old Town
and which we envisioned supporting those applications, but it does take staff time and
other resources to go through this process and with it not being an agency, it being a
private process to get this rezone, we wanted to come back to the Council to see if it's
appropriate to waive the fees, so, again, that's some of the background of why we are
here today. I wish you would have just taken care of it about a year ago and we
wouldn't be having this discussion. But the circumstances have changed and I don't
think it was part of that negotiation of the right of way or I believe that ACHD would be
here, but he testified I guess that that was part of the negotiation, just never followed
through. So, I don't have anything else to add, but I just wanted a little bit of that
background -- you to be aware of that and there may be at least a couple of other
property owners where we run into the same situation in the -- in the near future.
Hoaglun: Councilman Zaremba?
Zaremba: I guess I'm not remembering correctly. I thought the Old Town designation
already went farther west than apparently it does. I thought it went at least to East 1 st --
or West 1st Street, if not to West 3rd in some places. Does it end at Meridian Road?
Hood: Mr. President, Councilman Zaremba, the future land use map designation for
Old Town does continue further to the west. It's not currently zoned Old Town, though.
It's -- it's R-8 right now.
Zaremba: So, that would bring up my next question then would be if there are several
properties would we want to make the city the applicant and make that whole area Old
Town. It would include this property automatically. Should we just go ahead and do
that?
Hood: Mr. President, Councilman Zaremba, typically we like to have consent of the
underlying property owners. We do typically encourage folks, you know, to come in
together, you can share costs and it's more efficient to rezone blocks at a time. We
have tried in the past -- it's probably been about ten years now -- to rezone most all of
downtown and we ran into some resistance. I think the biggest complaint that we have
is folks that are concerned about their taxes going up. They have no plans immediately
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January 22, 2013
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to redevelop, but an R-4 or an R-8 designation, the assessor doesn't look at your -- your
taxes being the same if you got an Old Town designation, now you're potentially
commercial. So, that's some of the concern we get from property owners when we try
to initiate something. Again, I think we could support this. We haven't done all the staff
analysis yet, but it is something that's generally consistent with the comp plan. I wish
we had a systematic way where we could initiate something and bring that to you and
be the applicant, but it would be pretty time intensive to go and work with each property
owner, knock on their door, get their consent to the application and that's typically how it
works. So, it's not impossible, but it's probably easier to just take five or ten minutes
and see if it's better to waive the fee or have them pay. But I'd like to group some of
these together. Unfortunately they are not contiguous either. Because we have got one
here and we have got one up near Cherry Lane. So, you're really having to write two
staff reports anyways, because they don't have a lot in common, other than they have
got Meridian Road frontage.
Zaremba: Thank you.
Hoaglun: Thank you, Caleb. I'd like to have Justin from Ada County Highway District
come up and kind of give us your side of the story, what happened here, so we can put
pieces together and, Matt, hang close. Probably front row seat is best.
Lucas: Good evening, Councilmen and President Hoaglun. Justin Lucas, Ada County
Highway District. Business address 3775 Adams Street, Garden City, Idaho. I will do
my best to add what I can here. I'm not the project manager on this specific project, nor
am I a right-of-way agent, but that doesn't mean I can't speak to this stuff. You know
me, I will talk to when I have an opportunity. ACHD, through right of way negotiations,
talks about a lot of things to a lot of different people. In the end what really matters is
who owns the property and who is the applicant in this situation. If it was ACHD and we
owned the property we wouldn't be having this discussion, because it would be a -- we
have an agreement that these fees aren't paid. We don't pay you, you don't pay us for
this type of stuff. If the property owner in this situation is retaining ownership of this
parcel ACHD really has no ability to come to you and tell you what to do with your
application fees and all that -- and those types of things and so in this instance it really
comes down to your decision on what you'd like to do. Does it make sense as part of
your process and is there a major road project happening here? Absolutely there is.
We shouldn't take that out of it. It's a big project, it has a lot of impacts, but how that
affects your decision on application fees that's really up to you and not the highway
district.
Hoaglun: Thank you, Justin. Yeah. So -- and, of course, the reason why we do that we
are just trading taxpayer dollars back and forth.
Lucas: Exactly.
Hoaglun: There is no sense in doing that.
Meridian City Council
January 22, 2013
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Lucas: Exactly.
Hoaglun: We can serve each other and go about our business and be efficient as
possible, so -- but as you suggest, since you guys aren't the property owner, you know,
the taxpayers now pay for that cost to rezone when it's not a public entity, but a private
party that -- that does that, so -- any question for Justin while he's up here.
Bird: I have none.
Hoaglun: Great. Thank you. Appreciate it. Matt, I have a question for you. What's --
are you in a big hurry to get this done? Is this something that you want to have done as
quickly as possible? You have plans for this property? Do you have time for us to kind
of explore some of these other properties and maybe putting something together that
we can do a bunch at one time? Can you give me an idea what your plans are?
Hart: I know my client is eager to move ahead with this. Currently it was an older
residential home, but they have been leasing it out now for several years. They have
told me that they do want to continue to lease it out, but the way it's been used now it's
noncompliant for the zoning. You know, as part of the roadway project that's coming
through, that's what prompted them to want to move ahead now. You know, I guess
listening to discussions here tonight, you know, there is a possibility that it could be
included in something else. I think that's something they may be willing to entertain, but
know they are -- they are eager to have it rezoned and become compliant, so they can
continue to lease it out.
Hoaglun: Okay. Thank you. That does help.
Bird: Mr. President?
Hoaglun: Councilman Bird.
Bird: I -- I wouldn't be in favor of forcing any of the other properties owners into
changing at this time. If they want to that would be great, but I would feel comfortable
enacting on this single request. This is an owner that wants to take care of it and he's
brought forward the application, so we just need to figure if we want to waive the fee.
Rountree: Mr. President?
Hoaglun: Councilman Rountree.
Rountree: My concern with this application and request if we do this we need to do
them all. And I don't know how many all of them constitutes, so I don't see a particular
hardship. We were not part of the negotiations. Whatever ACHD told the owner, the
city was not a part of. I know it's the future -- the zoning indicates Old Town. But that's
future zoning. That would come as the property either changes ownership or changes
function. Apparently its function has changed to be consistent with what is allowed in
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January 22, 2013
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Old Town, but not can consistent with an R-8. I don't know if there -- if there has been
any issues from an enforcement standpoint on that with either code enforcement or any
discussion with community development, but I'm -- I'm hesitant with this application,
because I don't -- I don't see any end to it.
Hoaglun: Is there a way -- and this is just off the top of my head. It might be a bad
idea. But, you know, is there a way that we could survey property owners and say the
city is going to move forward with a rezone at no cost, low cost, if we do it in bulk and if
you miss that window for a rezone, then, in the future there is no waiver of fees? I
mean I don't know if that's a good idea or not, but that might be an option to give folks
an opportunity for a one -- one time amnesty from fees, even though it's not amnesty,
but a fee waiver or just an application fee, a low fee, but we may not have that in our
ordinance, so we might not be able to do that, but just a fee waiver for a group
application for all of those owners who want to go in to a new zoning, Old Town, and
those who don't take advantage of it at this time, then, it's -- it's full freight from then on.
I don't know if that's an option or not. Haven't had really time to think about it. Like I
said, it's just off the top of my head.
Rountree: Caleb, want to --
Hood: Mr. President? It certainly something that we can do and, in fact, it wouldn't
even need to come back to you for a waiver of fees. I mean staff could be the applicant
on that. The problematic thing with that is if -- somebody has got to pay for a survey of
the property and so we can waive our all fees, but we are going to need a legal
description of each and every one of these properties, which drives the cost up and I
don't know that we want to take the next step. Certainly we want to encourage folks
and do what we can to get them to an Old Town zoning, but having the city apply and it
not be a nice block where you can have -- draw a nice -- a piece here and you go with
three parcels and one there, I just -- it's something we could look at and, again, I'm not
-- the fee waiver thing we could be the applicant, but there is some other hoops to jump
through that won't -- that wouldn't be as easy to make it happen.
Hoaglun: So, we are talking, Caleb, hard costs versus soft. If the property -- the
applicant property owner pays the hard costs, has to provide the survey, I don't know
what other costs there would be -- hard costs that they would have to bring forward, but
any soft costs, application fees, any fees that the city charges would be waived if they
come forward and that's an option we could do on any of them on any fee waiver
request, but --
Hood: Yeah. Mr. President, I think that is the only hard cost for each individual property
owner that would want to participate. That's really all we need. That and an affidavit
saying they are going to give us this application. There is no cost associated with that,
just a signature from the property owner. We could look at doing that and opening it up
to, basically, everything that we have shown as Old Town or do we want to just do it on
Meridian Road -- you know, properties with Meridian Road frontage? I'm not quite sure
-- I mean we could send a letter to all those folks that people -- in whatever geographic
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area you want to describe and say you can do this alone, do this for you, give us a letter
and a survey by July 1 st or whatever.
Hoaglun: And, then, my thinking on that it's everyone who is impacted by Meridian
Road -- who has frontage on Meridian Road that's been impacted by the widening is --
would be eligible for this process. This one time process. But -- and there is a time
frame to that and that gets back to my question to Matt, because the time frame to
prepare the letter, send out the letter, get things in, do the staff work, bring the
application forward, you know, but if it's worth the cost, it might be worth the wait.
That's --
Hood: If I can just add one more thing, because there is a -- that -- I don't think he's
going to wait, because I think July would probably be -- you know, you have to give folks
four or five months to hire a surveyor if they are interested in doing this you got to give
them some time. Again, I'm only aware of one, maybe two more properties that are in a
similar situation as Matt and his client. But we talked to ACHD back in the day and it
was -- at least we know that the right of way agent talked to the property owner about
this. Nothing was ever negotiated out in the right of way acquisition, but it was at least
talked about. So, I don't know if we open it up to everybody -- you know, we can go the
direction to open it up to everybody, but I don't think we will have multiple -- more
people coming back to you for fee a waiver request, because we have a record of --
again, I believe it's three specific properties where ACHD brought this up.
Hoaglun: And that might be the way to go about it. It would speed up the process and
we could confirm with ACHD if there were any other properties, but to those three
saying, yes, we had those discussions with them, it didn't come about, but because of
those discussions and the changes in the property and that's -- that's the basis for -- for
the reason why these folks would be eligible for a fee waiver as opposed to not having a
fee waiver and I'd ask our attorney Mr. Nary is that a good basis for a reason if
someone comes before us, if we gave these folks a fee waiver, the fact that ACHD --
they were negotiating a fee waiver with ACHD that didn't come about, but because of
those discussions we move forward. Is that --
Nary: Mr. President, Members of the Council, certainly I think -- I mean I think it's at
least a reason that, you know, has some basis in reality to -- for the Council to grant
that, so I mean I certainly think it doesn't open the door to everybody making the same
argument. You know, I do think you're almost looking at basing your discussion on kind
of a two-step thing. You're looking at really the here and now with this individual
application, but also a process that could actually incorporate others that didn't have
those conversations and so I do think you are trying to be fair to the public at large, as
well as the individuals that had this discussion with ACHD as part of the process.
Hoaglun: More information, Council? Where are we on this?
Zaremba: Mr. President?
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Hoaglun: Councilman Zaremba.
Zaremba: Just -- just to express an opinion, I guess. If -- I would kind of fall this way. If
-- if Mr. Hart and his client are willing to let a process go where we try and get more
properties involved and do several of them at once, then, it would be much cheaper. If
they are in a hurry I come down on the side of not waiving the fee and getting it done
right now.
Hoaglun: Matt, you want to comment on that?
Hart: Well, I was party to some of the initial discussions. The way I got involved with
this is I was on the design consultant team for the highway district that designed the
roadway project. As ACHD's right-of-way agent contacted my office, wanted to know --
there was two rezones that we initially met with this city. So, you know, based on my
understanding of the conversation here tonight that it sounds like it's -- you know, those
-- one other party or a possible third party, I can see that being resolved relatively
quickly and I think my client would be willing to wait until, you know, those properties
were considered also in this rezone for the fee waiver for the rezone.
Hoaglun: Okay. Caleb, I need to ask you a question on that. I mean it might be those
other parcels don't want to rezone right now. Is that extra staff time, cost, if they are
taken separately, as opposed to all three doing it at the same time?
Hood: Mr. President, Members of the Council, it probably is a little more staff time, but,
again, if they are not contiguous we have got to basically do an analysis on each site
individually anyways. So, would be in the staff report, but probably about the same
amount of staff time.
Hoaglun: So, we could move forward with a few waiver here with the understanding
that those other parcels that ACHD was in negotiation with would also be treated the
same at that point of their choosing and we move forward with those parcels and that a
good --
Hood: Just as a point of clarification -- and, Bill, if you wouldn't mind listening to this
question. But we need to bring that parcel to -- back before you then to make the same
plea or is that part of -- by granting this fee you're going to grant the fee for that one and
potentially two other folks --
Hoaglun: That's a good question. I hope Bill was paying attention.
Nary: I was. Mr. President, I guess I would be hesitant to say you're one approval now
is, then, a blanket for the others, because, again, we don't understand the
circumstances of those individual parcels and I think that's Caleb's -- really his bottom
line is we don't really know what other folks want or what their interest is. If they want to
live in their existing home for now, for the next ten years, they don't want a rezone and
they don't care. So, I'd hate to really be granting that. I think the Council can certainly
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put on the record if you want to identify the parcels and say if we grant this one we
would consider this a similar circumstance for whatever identified parcels we are talking
about, but, again, I think your -- if part of your plan is to -- is have planning evaluate a
process for any of these along Meridian Road as part of this split corridor and that we
are looking at this over the next few months and that's an available alternative or option
for folks, it may solve itself, because, again, if you're not interested now you may not be
interested now you may not be interested for the next six months, you may not care.
But I don't want one approval to be a blanket for some others. You want to make sure
it's individually requested.
Hoaglun: Thank you, Bill.
Bird: Mr. President?
Hoaglun: Councilman Bird.
Bird: Thanks, Bill, for that. I appreciate that. I get back -- the other properties haven't
asked to be rezoned. We don't know -- we don't -- we didn't sit in on the negotiations
with ACHD. Why wasn't this brought a year ago if that was the deal? Did they make
the same thing with the other two properties or not? I'm for just enacting on this,
whether we waive the fee or we don't, and the others can come when they want to -- if
they want to. I'm not for forcing anybody to go to Old Town. And if we are going to wait
and do that, you know, this city has never forced anybody into an annexation or a
zoning change. I don't want to start it.
Hoaglun: Thank you, Councilman Bird. Matt, any last words to wrap up before we let
the Council decide what they want to do?
Hart: No, other than I guess I just want to reiterate that it's my client's understanding
that the -- you know, that the fees would be waived and it is kind of why we proceeded
with this and as far as the rezone application itself, I have completed 90 percent of that
work and, you know, we just found out here, you know, a month ago that the fees may
or may not be waived. You know, my client has already spent, you know, a fairly
significant amount of -- of money and time to complete this, so I'm -- you know, I'm
hoping that, you know, Council does decide to go ahead and waive those fees.
Hoaglun: Okay.
Hart: Thank you.
Hoaglun: Great. Thank you, Matt. Appreciate it. Council, what's your pleasure on this
issue? I guess our options are, Mr. Nary, we can approve, deny, or have staff come
back with -- with an option for other properties or some -- something like that. But
think your discussion and Councilman Bird made a good point about they may not want
to do anything at this time, so --
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January 22, 2013
Page 34 of 53
Nary: And the only thing I would add, President Hoaglun, is -- or a combo of some of
that. I mean you can certainly take action on this individual request in front of you, with
the direction to also bring that back. I mean I don't know how far between now and your
workshop in February, for example. Not to put more work on Caleb or planning staff,
but you could have this, again, extended conversation in your February workshop of
saying, again, what would it take, how complicated would it be, what cost would the city
incur if we were to choose to do this, you know, noticing and some of the other things to
do that, to include more to avoid I think partly the concern that Council Member
Rountree raised is if we do it for one are we going to do it for everybody or not and, if
so, what's the standard we are going to apply to that. So, you know, you could deal with
this one particular one or if the applicant is willing to wait for your discussion in three
weeks at your February workshop to say, you know, he will wait and see if it -- if it
seems attractive to his client to wait to consider whatever you decide in three weeks
that's certainly an option for him, if he would prefer you to just make a decision now and
move forward to whatever that is, good or bad, that's certainly his choice, too.
Bird: Mr. President?
Hoaglun: Councilman Bird.
Bird: Caleb, what -- what kind of fees are we looking at dollarwise? Do you have any
idea?
Hood: Mr. President, Councilman Bird, Bill can probably hit it right on the head. It's
right about 2,000 dollars. I think it's 2,057 or something.
Parsons: Two thousand ninety-two.
Hood: Two thousand ninety-two.
Hoaglun: We can't go back to the sign code text amendment to discuss further, so --
know you really want to now.
Zaremba: Mr. President?
Hoaglun: Councilman Zaremba.
Zaremba: Just to clarify a point, I was not suggesting that we forcibly change anybody's
designation. I was more thinking, you know, if we had time we could test the waters
and ask people are they interested and if we got a big response, then, that would help
this applicant. It's sounding to me like even getting that kind of an answer testing the
waters is -- is going to take a while. So, I would see moving this forward and -- I don't
know, but I'm not in favor of waiving the whole fee, but if we suggested a partial I could
be convinced.
Hoaglun: And that -- I might ask Councilman Zaremba, Caleb or Bill, that 2,000 dollars,
Meridian City Council
January 22, 2013
Page 35 of 53
that does not -- it certainly costs -- the hard costs they still pay for that, so this -- the
27092 is our fees, our cost, administrative costs, overhead work, that sort of thing, so --
they still have those costs if that was your concern.
Bird: Mr. President?
Hoaglun: Councilman Bird.
Bird: Bill or Caleb, designating from R-8 or R-4 to an Old Town, what kind of percent of
value goes up on the property because it automatically becomes commercial? Do you
have any idea?
Hood: Mr. President, Councilman Bird, I do not. I don't know how the assessor looks at
that. I just know it's some of the concerns that we heard previously from --
Bird: Oh, I know it's a jump.
Hood: But I don't know what percentage or how the assessor actually looks at that.
Parsons: Councilman Bird, I don't have much to add to that point, but something to look
at in your deliberations tonight as -- if you look how the property is developed it does
look like a commercial property. I mean it has a parking lot in the rear. It is currently
R-8. I think Matt brought up a good point, if they wanted to get a tenant in that building,
I mean community development would tell them, no, you can't have a commercial
business in there. Now, if someone could buy it as a residence, do a home occupation
out of that they would be fine, but if they wanted to really convert that residence to an
office or a commercial use, I mean it's going to take working with the community
development department, it's going to take building permits, it's going to take code
analysis of that structure. There is a lot of things -- I mean if the rezone doesn't go
forward it pretty much has to stay a residential property. It can't go to that next level and
my understanding is it's always operated as an office building. I don't know if there is --
if there has ever been any code enforcement issues on there or building department
issues regarding the structure, but I know that was one of the concerns that we talked a
little about when they came and spoke with us about the rezone as well. So, either
you're looking at waiving the fees to get them to a point where they can generate
revenue on that, get some building permit fees and maybe get some higher property
taxes, because they do have someone leasing the space. Just something to think
about.
Hoaglun: Thank you, Bill.
Rountree: Mr. President?
Hoaglun: Councilman Rountree.
Rountree: Just to move this along, I will offer probably the least popular motion, but I
Meridian City Council
January 22, 2013
Page 36 of 53
move that we deny the request for Item 8-E.
Bird: Second.
Hoaglun: There is a motion and a second to deny the fee waiver request for the rezone
application. Madam Clerk, would you, please, call roll.
Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, nay.
Hoaglun: Three ayes. One nay. Motion carries.
MOTION CARRIED: THREE AYES. ONE NAY.
- '' • - •i - •i - illillla- 0 •
A. Community Development: Community Development Block
Grant D:G) PY2012 BudgetAmendment •r a Not -to -Exceed
Amount of 1 1
Hoaglun: Thank you, Matt. Appreciate your time. Staff, thank you for your help on this.
We move now to Department Reports, 9-A, CDBG FY -2012 budget amendment.
Caleb, is that you?
Hood: Yes, Mr. President, Members of the Council. I am pinch hitting tonight for Lori.
The CDBG budget amendment is consistent with the amount previously told to us by
HUD in the amount we identified in our program year 2012 action plan. We recently
received the congressional release of the funds at the end of December and the budget
enhancement has been prepared accordingly showing the grant funds as revenue for
the city outlining which entity and activities are receiving funding this year. Again, it's
consistent with the program year for -- for this year in the CDBG program. So, I would
stand for any questions that you may have on this item.
Hoaglun: Council, any questions?
Bird: I have none.
Rountree: I have none.
Hoaglun: And this is a budget amendment for a not to exceed amount of 256,727, so
we will need a motion on that.
Bird: Mr. President?
Hoaglun: Councilman Bird.
Bird: I move we are approve the budget amendment for the not to exceed amount of
Meridian City Council
January 22, 2013
Page 37 of 53
256,227 dollars.
Rountree: Second.
Hoaglun: I have a motion and a second to approve the budget amendment. Madam
Clerk, would you, please, call roll.
Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
Hoaglun: Motion carries.
MOTION CARRIED: ALL AYES.
CommunityB. Development: Meridian In-rchange .
sign
Elements - Discuss a Potential Theme for the New•
Interchange, as well- and Pedestrian Facilities,• r Options, • • • Improvements • Other
Ae
-.
- -
Hoaglun: Item 9-13 Community Development. Caleb, I'm guessing?
Hood: Mr. President, Members of the Council, yes, me, but just briefly, because the
real star of this show is going to be Brian here in just a second, but let me tee it up for
him a little bit. We are here to talk to you about what he's been primarily been working
on over the past month or so with the help of members of the Meridian Interchange
Task Force, the Meridian Arts Commission -- who else have we met with recently?
Staff -- internal staff and Public Works and Parks and so we have got a concept that we
would like to present to you tonight and get your feedback on as you move forward. I
have just a couple of quick updates on some of the design elements that have been
moving forward. We are looking -- working with ITD, their consultants, Parametrics
actually attended our Interchange Task Force meeting and have been working on how
the multi -use pathway that's in the city's pathway network plan will be incorporated into
this bridge, looking at some of the impacts with adjacent properties. We are looking at
getting that ten foot wide multi -use pathway -- at least one side of this structure going
across 1-84. We also met at our last meeting and discussed the public outreach
process, so it's not going to be a -- a full boat public input process for this, they are
going to do something scaled back and have like an SAQ, a brochure, something like
that that they will -- they will pass out. They will do some targeted stakeholder
involvement on this project and what we primarily look at asking for feedback is some of
what Brian is going to present to you here in just a minute. The project website is up
and running right now, subsequent to ITD's website and went to District Three projects
and the GARVEE program, you can find this -- this project. Not a whole lot of
information there right now, but there is at least the project website on ITD's website.
Parametrics by now should have all the geo-technical information they need to -- to
really begin design. They were getting traffic counts and doing some analysis for the
lane configuration and really hit the ground running with some of that design work.
Meridian City Council
January 22, 2013
Page 38 of 53
Again, tonight we are really here to talk to you a little bit about a concept or a theme for
the interchange. And, then, kind of the game plan is in about three weeks hopefully you
can fine tune what Brian is presenting you tonight. ITD has asked that they -- that any
of our -- our needs, our wishes, our wants for this be handed off to them no later than
the end of February, the first of March. They haven't given us an actual date, but -- but
we are looking at six weeks or so. So, my goal is to come back to that -- your workshop
in February, present you a final concept that we can, then, turn over to ITD and ask
them to -- to design this part of this interchange project. So, with that in mind I'm going
to go ahead and turn it over to Brian, if that's okay, unless you have any questions of
me and at the end Tim Curns is going to talk about lights for just a little bit as well.
Hoaglun: Well, Brian, why don't you proceed as long as there is no dazzling lights
billboards on this interchange. Okay. Go ahead.
McClure: Thank you, Caleb, Members of the Council as Caleb mentioned, I'm just kind
of going through some of the concepts that we discussed at these various groups.
What you see here is the concept for facing the bridge as you're driving down the
interchange and that is a regional landscape. Before I go too far into this I just want to
say that a lot of the concepts and things and suggestions that you see here tonight are
the result of communications and suggestions by a lot of other people as well, so as
much as, you know, a lot of other people that have been involved with this, so I just
want to credit where credit is due and so what you see here is Birds of Prey, Snake
River basalts, some of the regional highlights we can kind of talk up and try to stress. In
terms of the concept on the bridge, we are going for more of a downtown connection
taking some of the elements that we like in our split corridor phase one, except this is a
monument there, various streetscape designs and some of the island features we had
and taking those in the bridge as well. What you see here is a landscape concept plan
for the entire interchange. One note here is that this is not the final bridge, there is a lot
of design work that has to be done, things are going to change, size and design and
there is going to be a lot of variation here, but this was the concept that we were given
and so this is what I based the concept on. You know, some of those islands you see
there might shrink, the bridge might narrow, but conceptually this is the design we are
looking for. I guess also to reinforce this, this is a very baseline design. This is what we
see as a bare minimum. We don't want to see anything less than this. It's addressed
here to provide enough context and interest, projectwide to be appealing -- to be
appealing. We don't want to just cram all the improvements in one little area and, then,
kind of surround it with blah. I think this is an important point to make. It's really just
stretching the whole thing, not just one small aspect of it. On most of these slides
have here tonight there is -- there is small pictures kind of indicating some of the
elements conceptually that we like to see. If you have any questions at anytime feel
free to interrupt. What you're seeing on this slide here is something I mentioned to you
last time I presented to you and, basically, this is that we are looking for an engineered
structure here, we are looking for something that has some contours and forms and
organic fills. So, just because you can design a ditch and a square retention basin, it
doesn't mean it has to actually be designed in a square, you can actually provide some
-- some arching curves and some more kind of natural feel you have seen in a real
Meridian City Council
January 22, 2013
Page 39 of 53
landscape. It doesn't have to just be value engineering. So, we are looking for some of
those kinds of enhancements here that really don't cost unless we want it for value
visually.
Hoaglun: And, Brian, I will just interject. I think that's a great idea. It's a lot more
interesting.
McClure: Thank you. What you see on this slide here are some of the potential
upgrades per se to the baseline level. Potentially seeing some better scene mix,
providing some stamped concrete and some of this kind of half circular, quote, dead
zones you see on the middle of that interchange there where there is no cars traversing
and providing more landscaping in the open areas, some potential rock formations.
Really just kind of opportunities for -- to improve things, depending on what the budget
and our participation allows. What you see here on this slide is a conceptual baseline
elevation of the interchange. We are continuing some of those basalts kind of columnar
feelings and the form line are there and really looking at kind of a traditional ITD
standard pedestrian barrier extension on the bridge deck itself to talk about it.
Hoaglun: So, Brian, on that fencing, if we wanted something fancier that would come
out of our pocket? We don't know? They might have some variations that are within
the cost possibly.
McClure: That's -- as far as I understand it that's not defined. We don't know.
Hoaglun: Okay.
McClure: Here is some potential upgrades for that baseline. What you see here is an
additional form liner on the left side there, trying to stretch this a little bit more. And,
then, one concept is for artwork to be attached to the barrier itself. This would be an
example of the mountains tying into the foothills or, you know, it could be a lot of things,
clouds, something completely random. I believe we can potentially be looking at some
public involvement on that -- on that point. And, then, this year is one more potential
upgrade and it doesn't necessarily have to be what you see here, but some form of
special form line that indicates -- similar to what we have in Ten Mile with the walking
people. Just an identifier on the actual bridge wall. This one here represents Idaho and
more specifically where we get our name sake, the primary meridian. One note here --
and I believe you had some examples in your packet, but one comment that's been
made numerous times is trying to integrate the railing you see on the barrier there and
make it a little bit fancier. I simply haven't come up with any good ideas, but there is
probably a lot of ways to end the barrier rail there and make it a lot nicer. Again, there
were some examples in your packet. And this is just a very simple example here of
some color variation. Certainly you could do something considerably more wild. Lastly
here for my part just an additional consideration, so whether you want to integrate, for
example, some of the stone you see on the lining out there, you see the pedestrian
barrier of the bridge, what you see on the inside, additional rocks, different metal work,
there is certainly a lot of opportunities still to provide more connection between the
Meridian City Council
January 22, 2013
Page 40 of 53
bridge and downtown, if you have any suggestions. That's really kind of it, too. If you
guys have any comments or considerations or thoughts or do this, don't do that, I would
be happy to take any of that.
Hoaglun: Thank you, Brian.
Rountree: Mr. President?
Hoaglun: Councilman Rountree.
Rountree: Brian, I think you're doing a great job of pulling in the comments that I heard
and offered the last meeting I attended and pulled it together into something of
substance and it is very workable and a good portion of it probably can move forward
with -- and I think it would be an excellent job of portraying one way of tying the
interchange in Meridian into where we came from and more of the desert biome that we
live and we are the gateway into the -- not only downtown Meridian, but we are the
gateway into a national Birds of Prey area. So, there is features here and a lot of
features here that could go forward and I thank you for your time and look forward to
seeing what the next portion comes up with these ideas.
Hoaglun: Thank you, Councilman Rountree.
Zaremba: Mr. President?
Hoaglun: Councilman Zaremba.
Zaremba: I, too, like the way this is going and what it developed. I was in on some of
your early discussions about this and I think you have summed it all up pretty well and
brought it to a good thing. One question. In one of the meetings there was some
discussion about, you know, you trying to put the Meridian logo either on the fence or on
the side of the bridge deck and I remember there was some comment about that, but --
Rountree: It's there.
Zaremba: Where is it? No. I mean the word Meridian, like -- like -- yeah, not just the
star and the swoosh, but the word Meridian.
Hood: Mr. President and Council Members --
Zaremba: Like it is on our letterhead. I remember there was some discussion, but I
forget how that went.
Hood: We discussed text and the concern there is what you see from the opposite side
and it looks like we have Meridian backwards and not be able to read it from the other
side -- would be kind of our concern with actually having text.
Meridian City Council
January 22, 2013
Page 41 of 53
Zaremba: I do recall that. Thank you.
Hood: Now, I will just add -- I mean the medallion Meridian symbol you see there could
be the city's logo. I mean if you wanted to brand it -- it doesn't really fit in with the theme
of the interchange, but you could, essentially, you know, have one that is the city logo
and put City of Meridian on there if that's what you so choose. I mean that's -- that --
you could probably still make it out at that scale. It's about four by four I think are the
form liners, so four feet by four feet, it doesn't make it all that large, especially at 65, 70
miles an hour, but that would -- could be an option. I don't know that I would advocate
for that, but it could be an option.
Hoaglun: And whatever it is it would be on all four sides; correct? I like the direction
this is going. I think the concept -- you're on the right track and I think as you have more
meetings and kind of delve into some of the details we can follow up on that and I think,
Tim, did you have some comments on the lighting?
Curns: Yes, Council President, Members of the Council, just a quick note on lighting.
kind of pulled this from my memory of a few years ago when we had a discussion here
at Council about the lighting at Ten Mile interchange and I remember specifically that
the high mast lighting, which you see in the middle there, the very tall pole, was not --
didn't sound like that was something that people are really happy about at the Ten Mile
interchange. I kind of let ITD know that that was a previous conversation and so it was
something we probably ought to talk about. I knew that they consider this to be part of
their baseline for lighting the interchange. I don't know that I would agree that that's
appropriate in this location to have that much light that high up, especially since we
have hotels very close to the interchange, we are kind of throwing a lot of light in a lot of
different directions. One possibility here I think is to simply have the lighting that you
see on the left side here or that style of pole, which is also very common to ITD projects
and ACHD projects, which is just a mast arm pole on the interchange deck and the
approaches to it and that may or may not end up being something that ITD considers.
An upgrade I consider kind of a baseline. I think they are going to end up having a lot of
these on there anyways, but I suppose one of the possibilities in addition to that would
be with the pathway extensions down to the interchange whether or not as part of the
scene that you see in the first phase of the split corridor if we would want to continue the
historic lighting with the pathway down to the interchange. I definitely wouldn't
recommend trying to do this direct lighting on the interchange, just because of those
lantern style fixtures really throw light, which isn't really something you want to do in a
location where people are trying to perform complex maneuvers at the ramps and
whatnot. But certainly leading up to it on the path I could see that being an addition that
might look nice with this project. So, I just kind of wanted to throw those things out
there and see if you all had any comments regarding lighting.
Hoaglun: Council, any comments on lighting? We like lighting. Okay.
Zaremba: I'm all for it.
Meridian City Council
January 22, 2013
Page 42 of 53
Hoaglun: I prefer the shoe box on the interchange itself. Part of the problem on Ten
Mile I heard from a few folks in those homes that were on that hill is here you have the
interchange and now they still have the view of the mountains and now those massive
masts are up there right -- right there, you know, just one of things that they had to deal
with, but -- yeah. Historic lighting could be used down lower, certainly I think you're
right, Tim, not up high, but a shoe box I think would be appropriate for the lights, where
ever it needs to go.
Curns: And, Councilman Hoaglun, one other thing, too, that we might consider if you
guys like the idea that is out there right now, we have LED lighting that we have put up
on the existing poles, we did the whole corridor with the energy efficiency grant, and so
some of those fixtures could be reused and we would just have to supply a few
additional of those if we wanted to put -- you know, have the LED lighting remain in that
corridor when it's done. It's not something that would end up really costing us much
extra. I'm not talking about a lot of fixtures, so --
Hoaglun: Between what we have -- and I like that idea and, then, what we have out
there that can be reused and, plus, the additional that we add to that, do we get credit
for that amount of money going to the project? I mean it makes sense to me.
Curns: That's a good question. I know with ACHD projects, you know, whatever we
want above the baseline we get credit for, you know, what would have been spent
before that. I'm not sure what -- how that works in this case with an ITD project.
Hoaglun: Something to kind of look into, keep in mind, see if we can finagle. I did have
one other question. It's not related to lighting, but it's just that type of interchange, just
because my -- now that I have used the Ten Mile Interchange enough that's my main
access to the freeway to work. There have been times where the two lanes turning left
to get onto the freeway heading east are full and we are backing up into the left lane
down Ten Mile Road. Is there a load capacity on this type of interchange, the -- what's
the name of this?
Curns: SPUI.
Hoaglun: SPUI. Thank you. Yeah. Is that something you guys know off the top of your
head, yeah, once you hit 50,000 cars a day it's -- it's not adequate?
Curns: Councilman Hoaglun, with these SPUls -- or let me -- with any interchange it's a
matter of -- you can accommodate very large volumes of vehicles, it's really about how
many turn lanes and through lanes you include in this and I know that we -- we met with
-- if I can get this right -- CIP? Is that the correct folks -- just a week ago or so and
talked a little bit about capacity with this interchange and it was analyzed during the
corridor study and as part of the new task order for this design they are looking again
with current numbers and the new future 20 year horizon volumes to make sure that
they get the lane configurations correct, so that it can handle the traffic now and the
traffic 20 years from now.
Meridian City Council
January 22, 2013
Page 43 of 53
Hoaglun: Because that -- the Ten Mile interchange -- you know, when that starts
building out there is going to be even more traffic on it. I mean we are nowhere near full
capacity on that thing and there is already during rush hour periods -- it's already -- if
you want you would have to lengthen the two lanes. I know when they redid the Eagle
Interchange they ended up having to expand that onramp as you're coming onto Eagle
Road. I mean they just needed a single lane and had to come back and redo it and that
only happened within a -- within two years. So, I just want to think far enough ahead
that we have -- we put in sufficient capacity so we aren't having to do that within two
years. I mean this is going to be a big project, there is going to be a lot of delays, kind
of like the Meridian Road project, but we want to -- want it to last awhile, so --
Curns: And, Councilman Hoaglun, I don't know for sure, but my guess is with the timing
of Ten -- when Ten Mile interchange came along that it was most likely -- the
configuration was based off of the best number they had at that time, which are much
different than the numbers we have now for projections and also when we did have our
meeting last week we were promised to get that design assumption information as soon
as they had it available for us to kind of show us that, you know, that they analyzed that.
Hoaglun: Good. I'm glad to hear that, because it is a concern and, hopefully, my
concerns are -- aren't warranted, but if you guys can pay attention to that, that's
something I think is really critical, so -- a little off, it's on the interchange, not about
lighting, but just something I have noticed on Ten Mile that had me concerned about this
one because of the load that it carries now and will in the future, so something to
consider.
Zaremba: Mr. President?
Hoaglun: Yes, Councilman Zaremba.
Zaremba: I would like to add to your comment on that and I realize it's not on lighting,
but you mentioned they are looking at a 20 year design horizon. I assume they are
intending this bridge to last something like 50 years. I would encourage them to think
about what the 50 year design ought to be, because if they are not going to change the
bridge for 50 years it needs to be able to handle the 50 years capacity, not just the 20
year capacity. I know that's not your responsibility, but if you would pass that along to
them I would appreciate it.
Curns: Certainly will, Councilman Zaremba. And although we don't -- I don't believe we
have projections that go out that far, I know there have been conversations in general at
COMPASS about looking much farther out for these kinds of things. I have a feeling
that the configuration they will end up with this is kind of going to be as far as you can
push it with it still being feasible in order to move traffic.
Meridian City Council
January 22, 2013
Page 44 of 53
%11 • Road
- •Linder
Public
Authorize RemovalofCertain Parks Department• Items
1:Authorize BidAmountfor • of
RecycledMain, 12" Water Main, Water Main a • Landscape
InterimArea •n Project inConjunction
the ACHD Franklin Road — Ten Mile to Linder Road Project for
a Not -to -Exceed Amount of $1,015,425.40
Hoaglun: All right. Thank you, Councilman. Okay. I think we can move on to Public
Works, Franklin Road, Ten Mile to Linder project. Kyle, are you going to be talking
about that one?
Radek: Mr. President, yes, sir. Mr. President, Council Members, this -- this item is just
an award of bid, much as we do in consent items. However, we just want to clarify
some of the wording in this -- in this item. Certain of the Parks Department items were
removed from what the Parks Department is going to have to pay for, but they are not --
they have not been removed from the project. What happened is the project bid out, the
Parks Department items, which were to plan for -- to provide infrastructure to plan for
irrigated landscape in medians eventually, bid out and quite exceeded what they had
budgeted, so they contacted ACHD said we are going to have to pull some of these
items out of here. ACHD responded that they would actually pay for some of those
items. In fact, a significant amount of those items. So, the Parks Department is paying
for a share, but ACHD is picking up a significant portion of that and the entire project as
it was designed is going to move forward at this -- at this bid amount and if you want
some detailed information on the parks items, Mike Barton is here to take that if
necessary.
Hoaglun: Thank you, Kyle. Council, any questions for Kyle or Mike on this issue?
Bird: I have none.
Rountree: No.
Hoaglun: And is this something we have to approve or is this just an update on this bit
amount that's already been approved? You're just informing us?
Radek: No. Mr. President, Council Members, we are asking Council to authorize the
bid amount so that we can move forward on -- on construction with ACHD.
Hoaglun: Okay. Thank you.
Rountree: Mr. President?
Hoaglun: Councilman Rountree.
Rountree: I move that we approve the Public Works request for the Franklin, Ten Mile
Meridian City Council
January 22, 2013
Page 45 of 53
to Linder project in the amount of $1,015,425.40, an amount not to be exceeded.
Zaremba: Second.
Hoaglun: We have a motion and a second to approve Item 9-C. Madam Clerk, would
you, please, call roll.
Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
MOTION CARRIED: ALL AYES.
D. Legal/Human Resources: Wellness Incentive Budget
Amendment • Not -to -Exceed • of 20,100.01
Hoaglun: We have Item 9-D. Bill, have you got that one?
Nary: Yes, Mr. President, Members of the Council. This is a budget amendment for our
wellness incentive. This is a program that we discussed with you prior to the fiscal year
actually starting and, then, once the fiscal year started we brought this matter forward.
You did approve it. Basically we provided a hundred dollar incentive in our flexible
spending accounts for employees that would participate in our wellness program this
year. Part of that requirement was to go through the blood draw, blood screening and
survey that goes with that to get us up. We actually had 200 participants in that, which
was an increase. Last year we had about 120 -- actually, we had about 140 something
that actually participated last year, but only about 120 actually completed the entire
process. This year we had 200 complete the entire process, so we had a significant
increase from last year, so we are very pleased about that. We are very excited about
this incentive, so we have the bill, we need to pay it to our benefit manager, the folks
that run our flex spending program, so that's what this amendment is for, so we can get
that paid.
Hoaglun: Great. Thank you, Bill. Any questions?
Zaremba: Mr. President?
Hoaglun: Councilman Zaremba.
Zaremba: I move we are approve the wellness incentive budget amendment for a not to
exceed amount of 20,100 dollars.
Bird: Second.
Hoaglun: We have a motion and a second to approve Item 9-D. Madam Clerk, would
you, please, call roll.
Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
Meridian City Council
January 22, 2013
Page 46 of 53
MOTION CARRIED: ALL AYES.
Legal Department: Discuss Amendment of Mobile Sales Unit
Licensing Ordinance Regarding Minors
Hoaglun: Item 9-E Legal Department, discuss amendment of mobile sales unit
licensing.
Nary: Yes. Thank you, Mr. President, Members of the Council. We have had a request
from a local business in regards to our mobile sales unit licensing requirements and just
to give you a little background, more for the record, because we don't have a big crowd
in the room, we require for every mobile sales -- and mobile sales there are two types.
Either folks that drive around, like the ice cream trucks, and sell product from a mobile
unit or they are mobile themselves. So, the individual may go door to door and knock
on residents -- residential doors or business doors and sell products of some sort.
Either one of those types of sales methods require a city license. To get the city license
they are required to fill out an application and to go through a background check. As
part of that background check we run that through the state, we require fingerprints be
done with that. There is a cost. The cost for this particular license is 75 dollars. That
includes the cost of the staff time it takes for the processing of that that's both at the
clerk's office level, as well as the Police Department and, in addition, there is a 30 -- it's
34 dollars currently, but the price is going up periodically with the state for the
background check portion that the state does. Right now it's 34 dollars of that total of
75. The request we have had -- and one thing that is not required--- again, more for the
record's sake than anything -- if -- if a person were to order something from a particular
vendor -- so whether it's a Scentsy vendor or whether the newspaper -- the example I --
I purchased my newspaper through -- online or through billing, so I just bill them. I don't
get a person that comes to my door to sell me the newspaper. If they are delivering a
product you have ordered, whether it's online or some other method, and it's merely the
delivery, that doesn't require a license. So, it really is to deal with either the direct sale
out of a vehicle or the direct sale on a door-to-door basis. So, we have had a request
from more than one local business that they think the cost is very exorbitant and can be
very cost prohibitive to their businesses to have to purchase a license of this type for
every single sales person, whether they do lawn spraying products, lawn care types of
businesses, whether it's -- whether it's for a private company, whether it's for a
nonprofit, any type of door-to-door contact of this type we require a license fee acquired
prior to doing that. The request has been right now to maybe change or alter the
requirement slightly to allow minors to do this with maybe not the same stringent
standard. Right now a minor can do this. It doesn't make any difference to us whether
they are minors or adults, they go through the same process and we determine whether
or not they have a criminal background, whether it's a disqualifying type. So, certain
types of offenses disqualify a person from having a city license. Certain types of
felonies, certain types of misdemeanors within the last five years will disqualify a person
from having this type of license. Sex offender registration would prohibit a person from
having this type of license. Drug -- drug trafficking, drug traffic transportation, drug
Meridian City Council
January 22, 2013
Page 47 of 53
sales, those types of things would prohibit someone from having this type of license.
The request has been to allow minors to have this license and potentially either not
charge them at all for the license, not require a license of any sort for a minor, or to
potentially maybe charge them just for the background portion that we pay the state for,
so the 34, 35 dollars that we are currently being charged by the state for that cost and
that the minors be supervised by a -- an adult. This creates kind of a two-step process
that doesn't exist now. Currently if a person goes door to door, whether they are a
minor or an adult, we receive a complaint, police respond, they address the problem,
whatever the issue is. If they decide to either cite the minor or they decide to arrest
based on what the circumstances are, they will deal with it based on whether they are
an adult or a minor based on what the law allows for that. If you have this circumstance
where you have another intervening person, a supervisor, so the speak, then, you have
another layer. So, you might -- if you were to allow this and as we have tried to vet this
out internally, the potential is like this, you're an adult, you supervise six, eight, ten
minors, each of them gets a license, we do the background check, we make sure they
are still, again, not a sex offender or a drug dealer or whatever. Now, you're
responsible for them as the adult. So, maybe you get the full-blown license so that you
have paid the full cost of our licensing process and the minors have paid just the direct
cost of the out-of-pocket out to the state cost for their license, but now you're
responsible for all of them. So, if any of those minors were to violate our ordinance or a
state law and get revoked because of it, because we would put that type of language in
our code, now not only are they revoked, but so are you and if you're revoked, then,
your other six, eight, or ten minors that you supervise are also now unable to operate,
because they need you to be licensed as the adult for them to actually be able to
operate legally in this system. So, that's what's been discussed as a possibility. It
would, obviously, be some financial relief to a business to allow minors to work under
the umbrella of a supervisor, they wouldn't have to pay the full cost of every individual.
We still would get the background check, but as with anything there is a cost and the
cost would simply be absorbed by the city. I mean the fees are related to the cost of
providing the service. The fees aren't -- unfortunately I think sometimes people think
the fees are somewhat randomly generated and the reality is is we go through a fairly
thorough analysis to come up with what's an appropriate fee related to the average cost
of providing this service for the average applicant and not the ones that are more
complicated or complex. So, that's what's been requested of the city is to consider an
alternative for minors to be able to be sales people to sell door to door of various types
of products, whether it's the newspaper or whether it's Scentsy, whether it's something
else, it doesn't matter. That wasn't the request of the specific product as much as the
process. So, we are asking Council for some direction. If you'd like us to bring back to
you a proposed ordinance for your review we can do that. Again, this is a light
alteration, if that's your direction from what we currently do. I guess in conclusion I -- as
the city attorney I wouldn't recommend that you not do any background checks. There
are minors that commit felonies. There are minors that commit serious felonies and the
intent of this is a public safety concern. It is some modest level of assurance for our
citizens that if a person knocks on the door and they have a city license that they have
had at least a background check completed to verify that there is not a safety issue.
Again, we don't attest to the products or selling or whether they individually are honest
Meridian City Council
January 22, 2013
Page 48 of 53
or dishonest or anything, all we are attesting is they don't have a criminal record that
raises to the level of concern of their safety for them to be knocking on your door or
selling something out of their vehicle to your child or to you. So, I wouldn't recommend
you ignore those requirements completely, but if you -- if you as a Council want to direct
that we come up with some alternative based on a few other things I have suggested to
you, we certainly could bring that back to you if you would like.
Hoaglun: Thank you, Bill. Council, questions? Comments?
Zaremba: Mr. President?
Hoaglun: Councilman Zaremba.
Zaremba: To me the whole purpose of the ordinance in the first place is a safety issue
for the residents of the city. If we have people -- and I'm not focusing necessarily on the
person that's a taco vendor in a truck or something like that, but the people that do go
door to door and knock on doors, they are automatically learning who is home and who
is not home. They are automatically being able to -- if somebody is home they are able
to see into the home and what might be interesting objects in the home or the quality of
the objects in the home and to me I feel it's important that we have some control over
that and to me that's the purpose of this ordinance. A group that chooses to use adults
or uses -- uses youth it costs us the same to process them no matter how old they are
and as you mentioned our fees are based on the amount of time it takes us to process
something and I'm not that much in favor of saying there is a different fee depending on
your age. I think it probably costs about the same for us to process it. So, I would be in
favor of pretty much leaving it alone. I mean there may be some things that we could
tweak in the ordinance, but that's an ongoing process with all ordinances. I'm not -- I
think it's a safety thing that we need to continue. We definitely need to do background
checks on anybody that's going to get a city permit and go knocking on doors up and
down in the neighborhood and we need to charge what that costs.
Hoaglun: Councilman Rountree.
Rountree: Thank you, Mr. President. I agree, I don't -- I have got some comments
about some tweaking, but as far as weighing an adult versus an adolescent or whatever
age group, the cost is the cost. And as far as the ordinance goes, given the number of
phone calls a police department gets about these things, it is a community issue. It's
not make believe. And given some of the instances of some of the groups that have
moved into the city on occasion, it's not make believe, it's a real deal. And I think it's
important that we keep a handle on it. We have got hundreds of folks that get these
every year and operate and I agree it's an additional business cost, but it's insurance to
them, because some employers don't do this with their employees and some employers
don't have access to the information we might have about juvenile employees that we
could tell them that, you know, this particular juvenile we have access to information to
tell you they are in the criminal element. So, I think it's important that we keep the fees
the same. I would suggest that if we do make any tweaks that we clarify the
Meridian City Council
January 22, 2013
Page 49 of 53
disqualification component of the juvenile piece to remove any status related crimes and
would also suggest that we adjust the fee to the fee of the city, because the 75 dollars
is not the fee of the city's cost, it then encapsulates what the state police charge to do
the background check and fingerprinting and all that process. Let the applicant pay that
fee directly to them, we not be an agent to collect that, we just collect the fee that the
city -- police department's cost for doing the remainder of creating the permit, doing the
remainder of the background checks, any other administrative duties assigned to it.
Hoaglun: Thank you, Council. And I think there was a case a couple of years ago or a
situation where we had an adult with minors coming from out of state and when the
background -- when they were informed of our ordinances, background check was
conducted, every one of those minors had serious -- serious criminal background
issues. So, that's something that we don't want to have walking and coming into our
community and our homes and having young people with very serious crimes on their
records, so --
Nary: Mr. President?
Hoaglun: Yes, Bill.
Nary: Yeah. Mr. President, Members of the Council -- and thank you, Council Member
Rountree, for raising that about the status offenses. I neglected to do that. We had as
part of our -- I guess constant process of improvement, we have over the last few years,
with the police department's assistance, we have tried to ratchet down what are
disqualifying offenses and why. A few years ago when we instituted this all
misdemeanors were disqualifying and, then, we determined some of them really aren't
very relevant to the process, so we have eliminated those and we think probably status
offenses from -- what you're talking about, status offenses for minor -- a minor in
consumption or a minor tobacco citation isn't very relevant to a door-to-door sale.
Obviously drugs are not status offenses, sex offenses are not status, so we are not
talking about that, we are talking about things that are really only relevant because of
the individual's age and may not be relevant at all to the -- the activity that's being done.
We have eliminated the reckless driving from the door-to-door sales people. We only
use reckless driving as a disqualifier for ones that want to use driving as their method of
delivery. So, that's -- that's part of our process and thank you for raising that and we will
get with the police department and determine which specific status offenses make the
most sense to exclude from the disqualifier and we can bring that back to you as an
amendment to this ordinance.
Holman: Mr. President?
Hoaglun: Yes.
Holman: Council Members, Councilman Rountree, as to your request that we -- the
applicant pay them directly for those fees, I believe we checked into that as far as the
fingerprint card staying at Idaho State Police and the applicant being able to pay fees
Meridian City Council
January 22, 2013
Page 50 of 53
directly there and they, I believe, were not willing to do that. We have cards that are
coded just to us and the system is they fingerprint our applicants for us and, then, they
bill back to our accounting department I believe once a month. So, I don't believe it's an
option for us to totally cut that part out of it and have them cut the check straight to
Idaho State Police, I believe it still has to be routed through us.
Nary: Mr. President?
Rountree: Thank you.
Hoaglun: Mr. Nary.
Nary: Mr. President, Council Member Rountree, the one thing we can do and we have
looked at is at least delineating on our ordinance, because it may be unclear to many
folks that the 75 dollars includes the cost that we have to pay to the state for the
background and what other cities have done was looked at both Boise and Nampa is
they separate their fees into two -- two distinct fees, although you pay the same one.
So, it identifies -- you pay the fee that whatever the state requires and you pay our fee.
And so that way it's clear to folks at least what we are charging for our services that's
being done, even though all of it gets paid to us and we pay the state, it's a way to at
least clarify to folks what their fees are covering.
Rountree: Does that avoid an ordinance change if the state raises their fee or do we
just state in our ordinance that they pay current fees to the state of Idaho?
Nary: Yes. That would avoid us having to change our fee each time the state changes
it, yes.
Rountree: Okay.
Hoaglun: Lieutenant Leslie, any comments on these proposed changes that we are
having a discussion on? Everything looking good from your end?
Leslie: No, I agree with you completely. The background checks are necessary to
make sure that we keep those individuals out of our community. Like you said, every
spring we hit this every year, we deal with door-to-door solicitors and a lot of the 'times
they are not even from our state. Most of the time they are from back east or California,
other states where they actually go out and gather youth and bring them and travel in,
you know, vans and come to our city and work from city to city to city selling products
and so most of the problems we have aren't even from our community, they are not our
local vendors, they are not our local businesses, they are -- they are outside businesses
that are coming in.
Hoaglun: Okay. Thank you.
Zaremba: Mr. President?
Meridian City Council
January 22, 2013
Page 51 of 53
Hoaglun: Yes, Councilman Zaremba.
Zaremba: I know it wasn't part of the question, but I would like to add a suggestion and
that is I suspect there are a lot of our residences that don't know we have such an
ordinance and I wonder if it might not be a bad idea to write up a little brochure and stuff
it in the water sewer bill once a year that says if a vendor comes to your door look for
this permit and here is what it looks like. They should be wearing it on the outside of
their clothing and if you don't see it, please, call the city or the police or something. Just
a suggestion.
Nary: We will work with Ms. Nagorski there. Makes sense to me.
Hoaglun: Good idea. Thank you. All right. Bill, do you have enough guidance on that?
Nary: Yes.
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Hoaglun: Great. Thank you. Item 10-A is the second reading of Ordinance No. 13-
1539. Madam Clerk, would you, please, read the ordinance for the second time by title
only.
Holman: Thank you, Mr. President. I really wanted to read the whole thing. City of
Meridian Ordinance No: 13-1539, an ordinance repealing and replacing Title 10,
Chapter 2, Meridian City Code, regarding adoption of the 2009 plumbing code and
amendments and providing an effective date.
Hoaglun: Great. That is -- Ordinance 13-1539 has been read for the second time. It
will be up for third reading at our next scheduled Council meeting, which will be in
February. February 5th.
�tern 11: Future Meeting Topics
Hoaglun: And do we have any future meeting topics to bring forward at this time?
Bird: I have none.
Hoaglun: Hearing none --
Rountree: None, but I have a question about --
Hoaglun: Question about the resolution that was passed out?
Meridian City Council
January 22, 2013
Page 52 of 53
Rountree: Yes.
Nary: I can answer that, Mr. President.
Hoaglun: Mr. Nary.
Nary: Mr. President, Members of the Council, Council Member Rountree, last week
when you weren't here there was a request by our school district -- we are in the midst
of negotiating an agreement with them in relation to certain types of development fees.
There is a project Willow Creek Elementary that they are trying to get built and open
think for the 2013-14 school year. So, they have asked to bring it forward now, knowing
that we are still working on this, so that resolution was approved conceptually last week
to suspend the collection of certain fees. What we did is work with the Community
Development Department, there was a table that Mr. Freckleton came up with as to
which fees we would not collect currently and which fees we have to collect. So, it was
trying to delineate that. That will probably drive our conversation with the school district
on a permanent agreement and also the potential exists that there may be one more
project, the remodel of Meridian High School that may be coming in prior to us getting
an agreement done, so you will probably see one more resolution of this type, but the
problem that -- that we had last week is they are -- the projects are so specific as to
what is being requested and the fees are so related to what they requested we couldn't
come up with a blanket resolution to cover all the circumstances. So, that's why this is
just for the one project currently and you may see one more. We think we can come up
with language in an agreement that will be flexible enough to address these concerns
and not have to bring one for each occasion, but that's what that is, so --
Rountree: So, you want comments on this if we have them?
Nary: Absolutely. If you can provide that to myself or Mr. Baird that would be helpful
and, again, it was just -- the reason I brought it kind of after the fact was it was
technically approved by the Council last week, it was just really wanting the wording and
the language to be complete with everybody and so that's what's in front of you.
Hoaglun: Definitely a future topic.
Rountree: With that I move to adjourn.
Bird: Second.
Hoaglun: We have a motion to adjourn. All those in favor say aye.
MOTION CARRIED: ALL AYES.
Hoaglun: We are adjourned.
Meridian City Council
January 22, 2013
Page 53 of 53
MEETING ADJOURNED AT 9:45 P.M.
(AUDIO RECORDING ON FILE OF THESE PROCEEDINGS)
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Changes to Agenda:
Item #8A & B: Tomorrow's Hope (AZ -12.014; CUP -12.020)
Application(s): Annexation and Conditional Use Permit
Size of property, existing zoning, and location: This site consists of approximately 6.99 acres, is currently zoned R1 and RUT in
Ada County, and is located on the east side of N. Meridian Road, south of E. Ustick Road.
Summary of Request: The applicant proposes to annex and zone two (2) parcels of land totaling 6.99 acres with an R-8 zoning
designation, consistent with the Comp Plan map designation of MDR. Currently, the site is developed with a single family home and
several out buildings that will remain with the development of the nursing care facility, The existing home is currently connected to city
sewer and must connect to city water upon annexation of the property.
The northwest corner of the site (approximately 0.65 acres) is expected to develop with a 24-hour nursing care facility. Since only a
portion of the site is proposed to develop, the applicant has provided a concept plan that depicts the relationship between the proposed
nursing care facility and future development of the remaining acreage. The intent of the plan is to illustrate how the proposed nursing
care facility may integrate with a future residential development and provide future connectivity between these two properties and
adjacent property to the east.
The proposed facility consists of two (2) single story, 2,800 square foot buildings and associated site improvements. The proposed
facility will care for 16 patients, 8 per building. The existing access to N. Meridian Road is proposed to serve the existing residence and
the proposed nursing care facility. Since local street access is not available, a cross-access/ingress-egress easement is required to be
provided to serve the proposed development.
A 25 -foot wide landscape buffer is required along Meridian Road and the parking area must comply with the landscape standards of
the UDC. Staff has received confirmation from ACHD that 56- feet of ROW, measured from the centerline of Meridian Road is required
with the widening the road in the future. Both the site plan and the landscape plan for the nursing care facility reflect the ROW
requested by ACRD.
The proposed structures are to be constructed of horizontal lap siding painted in two different tones. The intent of the design is to
emulate single family homes. Staff is supportive of the building form and roof design. Future structures must comply with the design
standards in accord with UDC 11-3A-19 and demonstrate compliance with the guidelines in the Meridian Design Manual.
Commission Recommendation: Approval at the December 20, 2012 public hearing
Summary of Commission Hearing:
i. In favor: Denise Lauerman and Thair Pond
ii. In opposition: Several commenting on the application were in opposition as noted below.
iii. Commenting: Michael Allen (against), Lauryn and JoeTemple (against), Peggy and Louis Martinez (neutral), Joel Conger
(neutral), Jody Styles (opposition) and Thair Pond
iv. Written testimony: Denise Lauerman, the applicant's representative in agreement with the staff report.
Key Issue(s) of Discussion by Commission:
i. Based on the public testimony, the Commission requested further explanation on the operational characteristics of the
facility and the regulations governing such a facility.
Key Commission Change(s) to Staff Recommendation:
i. None
Written Testimony since Commission Hearing: Denise Lauerman, in agreement with the Commission's recommendations.
Outstanding Issue(s) for City Council: None
Notes:
Item #8C: Chesterfield No. 2 (FP -13-001)
Application(s): Final Plat
Size of property, existing zoning, and location: This site consists of approximately 9.38 acres, is currently zoned R-8 and R-15, and
is located on the south side of W. Pine Avenue; midway between N. Black Cat and N. Ten Mile Road.
Summary of Request: The applicant has applied for final plat approval consisting of forty-three (43) residential lots and seven (7)
common lots on approximately 9.38 acres of land. This is the first final plat proposed for the Chesterfield Subdivision approved by City
Council on December 20, 2011. The gross density proposed with this phase is 4.58 dwelling units. All of the homes proposed for this
phase are single-family detached.
Open space planned for this phase consist of numerous street buffers, a center median and two (2) passive open space lots that also
contain the drainage facilities. The proposed open space totals 2.06 acres which is approximately 7% of the total open space approved
with preliminary plat. A 5 -foot pathway is required to be constructed on lot 19, Block 6. Although the open space proposed with this
phase is less than the UDC required minimum, it is consistent with the overall project open space which does comply with the UDC
requirements.
The proposed final plat is consistent with the approved preliminary plat thus; staff is recommending approval of the application.
Written Testimony: Scott Noriyuki, in agreement with the conditions of approval in the staff report
Outstanding Issue(s) for City Council: None
Notes
Item #8D: Sign Code Text Amendment (ZOA-12-003)
Application(s):
UDC text Amendment
Summary of Request: A majority of the amendments are to clean-up and/or clarify a standard. However, there are some key
amendments to the City's sign code requested with this application. The key amendments include the following: to allow projecting
signs in all districts, to allow neon tube illumination for building signs and freestanding signs, and to allow changeable copy signs to
change more frequently than eight seconds.
Written Testimony since the Commission hearing: None
Summary of Commission Hearing:
i. In favor: Josh Davidson, Tony Meade, Planning Department
ii. In opposition: None
iii. Commenting: None
iv. Written testimony: Bill Fremgen
Key Issue(s) of Discussion by Commission:
i. The difference between a message on a changeable copy sign changing more frequently than eight seconds and a
changeable copy sign that is flashing.
Key Commission Change(s) to Staff Recommendation:
i. None
Outstanding Issue(s) for City Council: None
Notes:
DATE: January 22, 2013 ITEM NUMBER: 5A
10:41T&MU-M
Approve minutes of January 8, 20103 City Council Pre -Council meeting
FY -A -An
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
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SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
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DATE: January 22, 2013 ITEM NUMBER: 5B
Approve Minutes of January 8, 2013 City Council Workshop Meeting
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Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE:
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APPLICANT
NOTES
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DATE: January 22, 2013 ITEM NUMBER: 5C
[U-12011
Approve Minutes of January 15, 2013 City Council Regular Meeting
MEETING NOTES
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
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SENT TO
AGENCY
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DATE: January 22, 2013 ITEM NUMBER: 5D
Resolution No. 13-904: Development Fee Postponement for Joint School District No. 2
MEETING NOTES
0
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE:
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NOTES
INITIALS
CITY OF MERIDIAN RESOLUTION NO. 13-904
BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA
A RESOLUTION AUTHORIZING A POSTPONEMENT IN THE COLLECTION OF CERTAIN
DEVELOPMENT FEES ON THE BUILDING PERMIT APPLICATION FOR THE WILLOW
CREEK ELEMENTARY SCHOOL DEVELOPMENT BY THE JOINT SCHOOL DISTRICT NO.
2; AND PROVIDING AN EFFECTIVE DATE,
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF MERIDIAN, IDAHO
WHEREAS, hereinafter in this Resolution, the Joint School District No. 2 shall be referred to as
"District" and the City of Meridian shall be referred to as "City." Both entities shall be referred to
collectively as "Parties"; and,
WHEREAS, District and City serve largely the same constituencies, comprised of the same
taxpayers; and,
WHEREAS, District and City each charge various fees for certain services that they provide; and
WHEREAS, in furtherance of mutual partnerships between District and City, the Parties have been
working towards a mutual fee waiver agreement whereby neither party may be obligated to pay certain
specified fees or charges to the other; and,
WHEREAS, as an interim measure while the particulars of the above-mentioned agreement are
being worked out, the Parties desire to provide for a temporary suspension on the collection of some of
City's development fees on the building permit application for the new District facility known as the
Willow Creek Elementary School in the Meridian City Limits.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY
OF MERIDIAN, IDAHO AS FOLLOWS:
SECTION 1. As of the effective date of this Resolution, City shall institute the following
procedure regarding the development fees that would otherwise be paid prior to the issuance of the building
permit to District for the Willow Creek Elementary School:
A. The applicable development fees associated with the building permit have been calculated
by City and are set forth in Exhibit A, attached hereto and incorporated herein.
B. The suspended fees that would otherwise be collected prior to the issuance of the building
permit are identified in Exhibit A.
C. City shall issue the building permit after all other applicable fees that are not being
suspended have been paid and other permit -related requirements have been met.
RESOLUTION AUTHORIZING A POSTPONEMENT IN THE COLLECTION OF CERTAIN DEVELOPMENT FEES ON THE BUILDING
PERMIT APPLICATION FOR THE WILLOW CREEK ELEMENTARY SCHOOL DEVELOPMENT BY THE MERIDIAN JOINT
SCHOOL DISTRICT NO.2 - PAGE 1 OF 2
D. After the issuance of the building permit, District will incur other construction -related
permit fees assessed by City. City shall suspend a portion of the following permit fees, and
District shall be responsible for the percentage indicated;
Fee Description Suspended % District %
1. Fire Alarm
30%
70%
2. Fire Sprinkler
30%
70%
3. Mechanical
40%
60%
4, Electrical
50%
50%
5. Plumbing
50%
50%
E. If the mutual fee waiver agreement contemplated by this Resolution has not been executed
prior to the issuance of a Certificate of Occupancy for the Willow Creek Elementary
School, all of the fees that were suspended pursuant to this Ordinance shall due and payable
by District as a condition prior to the issuance of said Certificate of Occupancy.
F. If the mutual fee waiver agreement contemplated by this Resolution has been fully
executed prior to City's issuance of a Certificate of Occupancy for the Willow Creek
Elementary, the suspended fees shall be waived pursuant to the terms of the mutual fee
waiver agreement.
SECTION 2. This Resolution shall be in full force and effect immediately upon its adoption and
approval, and shall be considered repealed after six months unless earlier terminated by Resolution of the
Council or the execution of the mutual fee waiver agreement contemplated hereunder.
ADOPTED by the City Council of the City of Meridian, Idaho, this day of
2013.
,
APPROVED by the Mayor of the City of Meridian, Idaho, this day of
2013.
APPROVED:
Mayor Tam Weerd
ATTEST:
'I-- FD AUC013 OV -
US
T�
J
By; (MAL)
L) r�
aycee L olman, City Clerk I>aTf�IRIaj
IDA110
SEAL
Fyr rti
I e TRE 15��
RESOLUTION AUTHORIZING A POSTPONEMENT IN THE COLLECTION OF CERTAIN DEVELOPMENT FEES ON THE BUILDING
PERMIT APPLICATION FOR THE WILLOW CREEK ELEMENTARY SCHOOL DEVELOPMENT BY THE MERIDIAN JOINT
SCHOOL DISTRICT No. 2 - PAGE 2 OF 2
Building Services Exhibit A
Meridian City Hall, Suite 102
33 E. Broadway Avenue
Meridian, Idaho 83642
Commercial Building Permit Fees
for
Willow Creek Elementary School
Total Building Permit Fee $21,120.50 $15,833.00 $5,287.50
NEON-19'-pid-WPex�it Percentage of Perri ee � Suspended Fees Amount Aue
,
'Plan Check Fee
Fire Review Fee
Total Plan Check and Review Fees $6,336.15 $1,710.76 $4,625.39
UtilityF
New Water Meter - 3/4"
$231.00
$0.00
a a 0
a 0
New Water Meter - 1
$327.00
$0.00
Suspended Fees
New Water Meter - 1 1/2"
$543.00
$0.00
New Water Meter - 2"
Y $686.00
$686.00
$0.00
$686.00
New Water Meter - 3"
$1,202.00
$0.00
New Water Meter - 4" Compound
$3,028.00
$0.00
New Water Meter - 4" Turbo
$2,196.00
$0.00
$0.00
Water Assessment (See Blue Tab to Calculate)
4.27 $1,794.00
$7,660.38
$0.00
$7,660.38
Water Assessment Landscaping (Sao Blue Tab to Calculate)
5.56 $525.00
$2,919.00
$0.00
$2,919.00
Sanitary Se;Wer -Assessment (See Blue Tabto Calculate)
5.12 $2,749.00
$14,074.88
$0.00
$14,074.88
Total Utility Fees $25,340.26
$0.00 $25,340.26
- - _ � - - � � Yes orNo � Cos# ( � "' Gost '� Suspended Fees AmoOn#Aue
Meridian Police Impact Fee (Persq. Ft.)
Meridian Fire Impact Fee (Per Sq. Ft.)
Total Impact ees
$6,789.00
$6,789.00
$0.00 1
Meridian Sewer Pre -Treatment Review Fee
,dost
Cost'
Suspended Fees
This fee has many variables depending on the infrastructure needs. Please call
Miscellaneous Fees
$150.00 $150.00
$150.00 $0.00
Meridian Sewer Pre -Treatment Review Fee
Meridian Public Works Review Fee
This fee has many variables depending on the infrastructure needs. Please call
To Be
Meridian Development Services - (208) 887-2211 to obtain estimated fee
$3l
Determined
$386.10
$386.107 $70.00
Ada CoUnty Highway District Impact Tee
To obtain an estimate of fees, please call ACHD at (208) 387-6171, or visit
To Be
http Fee=
Determined
$0.00
Total Miscellaneous Fees $536.10 $536.10 $0.00
Total Cost of Permits and Fees $60,122.01 $24,868.86 $35,253.15
Page 1
%JR-Ts"ro IF.
DATE: January 22, 2013 ITEM NUMBER: 5E
la"1*0 1111Z 11111111 ITI I __W1 121
Ada County Housing Authority Community Development Block Grant (CDBG) PY2012
Sub -recipient Agreement
MEETING NOTES
_6
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
SUBRECIPIENT AGREEMENT BETWEEN CITY OF ME, RIDIAN
AND D. COUNTY HOUSING AUTHORITY
OR PY 2012OPD.
This Agreement is entered into this 2 Z day of _)a nvo 20 Q3 by and between
the City of Meridian, a municipal corporation organized under the ws of the state of Idaho
("City") and the Ada County Housing Authority, a public body corporate and politic established
under the laws of the state of Idaho ("Subrecipient").
WHEREAS, City is an entitlement community, and as such has applied for and received
funds from the United States Government under Title I of the Housing and Community
Development Act of 1974, Public Law 93-383, i.e. Community Development Block Grant
("CDBG") funds; and
WHEREAS, Subrecipient assists families in obtaining decent, safe, and affordable
housing solutions, which activity complements the objectives of the CDBG program; and
WHEREAS, City and Subrecipient wish to enter into a cooperative agreement for the
investment of CDBG funds from Program Year 2012 (PY12);
NOW, THEREFORE, in consideration of the mutual covenants of the parties, the
Parties agree as follows:
I. SCOPE OF SERVICE
A. Activities. Subrecipient shall use City's PY12 CDBG funds in the amount of twenty-one
thousand dollars ($21,000) to provide direct homeownership assistance to help
low/moderate income ("LMP') persons purchase homes. Specifically, Subrecipient shall
undertake the following activities:
1. Subsidize mortgage principal amounts;
2. Pay any or all of the reasonable closing costs; and
3. Pay up to 50% of the down payment required by the mortgagee,
B. National Objective. Subrecipient certifies that the activities carried out City's PY12
CDBG funds provided by City under this Agreement will meet one or more of the CDBG
program's National Objectives as defined in 24 CFR § 570.208. Specifically,
Subrecipient's activities under this agreement shall benefit LMI persons (24 CFR §
570.208(a)(2)(C)).
C. Levels of accomplishment.
1. Goals. Subrecipient shall undertake activities pursuant to this Agreement to serve
one (1) Unit of Service, For the purposes of this Agreement, "Units of Service" shall
be defined as households assisted in the purchase of a home.
PY12 SUBRECIPIENT AGREEMENT -ADA COUNTY HOUSING AUTHORITY PAGE I OF 17
2. Performance measures. This project will provide direct homeownership assistance
to LMI persons. In addition to the normal administrative services required as part of
this Agreement, Subrecipient agrees to document and report on each and all of the
following outcomes:
a. Number of households assisted and number of persons in each household;
b. Income level and ethnicity of persons provided housing;
c. Number of persons assisted who are first-time homebuyers and the number
thereof receiving housing counseling;
d. Number of persons receiving down payment assistance and/or closing costs; and
e. Amount of funding received by each household,
D. Staffing not funded. Subrecipient agrees that no CDBG funds will be utilized for
staffing.
E. Performance monitoring. City will monitor the performance of Subrecipient against
goals and performance measures as set forth herein. Performance monitoring shall
include City's review of Subrecipients' submitted documents for accuracy and
completion, as well as an on-site visit from City's CDBG Administrator to review the
completeness and accuracy of records maintained. Substandard performance as
determined by City shall constitute noncompliance with this Agreement. If action to
correct such substandard performance is not taken by Subrecipient within fourteen days
(14) after being notified by City, Agreement suspension or termination procedures will be
initiated.
F. Time of performance. Services of Subrecipient shall start on or before December 31,
2012 and end on December 31, 2013. The term of this Agreement and the provisions
herein shall be extended to cover any additional time period during which Subrecipient
remains in control of CDBG funds or other CDBG assets, including program income.
G. Progress Reports. Subrecipient shall submit a regular Progress Report, in the form and
content as required by City, with every draw request. If Progress Reports are delinquent,
draw requests will not be processed until the delinquency is cured. Progress Reports
must contain information on outcome -based measurements as outlined in this Agreement.
II. ADMINISTRATIVE REQUIREMENTS
A. Uniform administrative requirements. Subrecipient shall comply with applicable
uniform administrative requirements, as described in 24 CFR § 570.506.
B. Financial Management.
1. Budget. Subrecipient agrees that it shall use City's PY12 CDBG funds in the amount
of twenty-one thousand dollars ($21,000) to provide direct homeownership assistance
to LMI persons. City may require a detailed budget breakdown, and Subrecipient
shall provide such information in a timely fashion, and in the form and content
prescribed by City.
PY12 SUBRECIPIENT AGREEMENT -ADA COUNTY HOUSING AUTHORITY PAGE 2 OF 17
2. Supplementation of other funds. Subrecipient agrees to utilize funds available
under this Agreement to supplement, rather than supplant, funds otherwise available.
3. Accounting Standards. Subrecipient agrees to comply with 24 CFR §§ 84.21
through 84,28, and further agrees to: adhere to the accounting principles and
procedures required therein, utilize adequate internal controls, and maintain necessary
source documentation for all costs incurred.
4. Cost Principles. Subrecipient shall administer its program in conformance with
OMB Circular A-122, "Cost Principles for Non -Profit Organizations." These
principles shall be applied for all costs incurred, whether charged on a direct or
indirect basis.
5. Certification of financial management system. Payments shall be contingent upon
HUD's certification of Subrecipient's financial management system in accordance
with 24 CFR § 84.21.
6. Subrecipient Orientation Workshop. Subrecipient agrees to meet with City's
CDBG Program Administrator prior to submitting the first draw request to City. City
will not process draw requests unless and until Subrecipient attends this meeting.
7. Client Data. Subrecipient shall maintain client data demonstrating client eligibility
for services provided. Such data shall include, but not be limited to: client name,
address, income level or other basis for determining eligibility, and description of
service provided. Such information shall be made available for review upon City's
request.
8. Disclosures. Subrecipient understands that client information collected under this
Agreement is private and the use or disclosure of such information, when not directly
connected with the administration of City or Subrecipient's responsibilities under this
Agreement, is prohibited by the Financial Privacy Act unless written consent is
obtained from such person receiving service and, in the case of a minor, that of a
responsible parent/guardian.
9. Property Records. Subrecipient shall maintain real property inventory records that
clearly identify properties purchased, improved or sold. Properties retained shall
continue to meet eligibility criteria.
10. Closeout. Subrecipient's obligation to City shall not end until all closeout
requirements are completed. Activities during this closeout period shall include, but
shall not be limited to: making final payments, disposing of program assets (including
the return of all unused materials, equipment, unspent cash advances, program
income balances, and accounts receivable to City), and determining the custodianship
of records. Notwithstanding the foregoing, the terms of this Agreement shall remain
in effect during any period that Subrecipient has control over CDBG funds, including
PY12 SUBRECIPIENT AGREEMENT -ADA COUNTY HOUSING AUTHORITY PAGE 3 OF 17
program Income.
It. Audits and inspections. All Subrecipient records with respect to any matters
covered by this Agreement shall be made available to City, HUD or its agent, or other
authorized federal officials, at any time during normal business hours, as often as
deemed necessary, to audit, examine, and make excerpts or transcripts of all relevant
data for purposes of investigation to ascertain compliance with the rules, regulations
and provisions stated herein. Any deficiencies noted in audit reports must be fully
repaired by Subrecipient within thirty (30) days after receipt of such report by
Subrecipient. Failure of Subrecipient to comply with the above audit requirements
will constitute a violation of this Agreement and may result in the withholding of
future payments. Subrecipient hereby agrees to have an annual agency audit
conducted in accordance with current City policy concerning audits and as applicable,
OMB Circular A-133.
Sub -recipient shall comply with OMB Circular A-133, Subpart B, Section 200(a)
which requires that all non -Federal entities that expend $500,000 or more in a year
have a single or program -specific audit conducted in accordance with A-133. Sub -
recipient shall be willing to allow inquires from the City about the sub -recipient's
financial statements and single audit reports. If subrecipient is subject to this
requirement, a copy of the audit report shall be provided to the City within 30 days of
completion of the audit.
C. Payment Procedures.
1. Program Income. The activities governed by this agreement are not anticipated to
generate program income as Subrecipient shall not charge its members for the
service. Any change to the activities described herein that will generate program
income shall require an amendment to this agreement.
2. Indirect Costs. Indirect costs are not eligible for CDBG funding.
3. Payment Procedures. City will pay to Subrecipient funds available under this
Agreement based upon information submitted by Subrecipient and consistent with
any approved budget and City policy concerning payments. With the exception of
certain advances, payments will be made for eligible expenses actually incurred by
Subrecipient, and not to exceed actual cash requirements. Payments will be adjusted
by City in accordance with advance fund and program income balances available in
Subrecipient's accounts. In addition, City reserves the right to liquidate funds
available under this Agreement for costs incurred by City on behalf of Subrecipient.
4. Documentation required prior to transactions. As early as practicable, and not
less than two (2) weeks prior to the completion of each transaction, Subrecipient shall
provide the address of the housing unit under consideration to City for floodplain and
related environmental review. Failure to provide the address of the housing unit
under consideration in advance of the anticipated close date may result in added
PY12 SUBRECIPIENT AGREEMENT -ADA COUNTY HOUSING AUTHORITY PAGE 4 OF 17
expenses for the beneficiary or Subrecipient, or refusal of reimbursement by City.
5. Draw requests. It is expressly agreed and understood that the total amount to be paid
by City under this Agreement shall not exceed $21,000. Drawdowns for the payment
of eligible expenses shall be made against the activity specified, in accordance with
performance and as expenses are incurred by Subrecipient. Draw requests shall only
be accepted on official City and/or HUD forms and must be completed in full to be
processed. All draw requests are to be submitted monthly, no later than twenty-one
(21) days after the end of the month for which reimbursement is being submitted.
Draw requests shall include the following: draw request form; progress report;
beneficiary income eligibility documentation; transaction detail, HUD -1, and related
summary information; and proof of payment by Subrecipient. Final draw under this
Agreement will be submitted by Subrecipient no later than December 20, 2013 unless
otherwise agreed in writing.
6. Funds transfer. Pursuant to 24 CFR § 570.503(b)(7), upon expiration of this
Agreement, Subrecipient shall transfer to City any CDBG funds on hand at the time
of expiration and any accounts receivable attributable to the use of CDBG funds.
7. DUNS number. Subrecipient shall comply with requirements established by the
Office of Management and Budget ("OMB") concerning the Dun and Bradstreet Data
Universal Numbering System ("DUNS"), the Central Contractor Registration
database, and the Federal Funding Accountability and Transparency Act, including
Appendix A to Part 25 of the Financial Assistance Use of Universal Identifier and
Central Contractor Registration, 75 Fed. Reg. 55671 (Sept. 14, 20 10) (to be codified
at 2 CFR part 25) and Appendix A to Part 170 of the Requirements for Federal
Funding Accountability and Transparency Act Implementation, 75 Fed. Reg. 55663
(Sept. 14, 2010) (to be codified at 2 CFR part 170).
D. Procurement.
1. Compliance with policies. Subrecipient shall comply with current Federal and City
policies concerning the purchase of equipment and shall maintain inventory records
of all non -expendable personal property as defined by such policy as may be procured
with funds provided hereunder.
2. OMB Standards. Subrecipient shall procure all materials in accordance with the
requirements of 24 CFR §§ 84.40 to 84.48.
3. Travel. Subrecipient shall obtain written approval from City prior to any travel
outside the Boise metropolitan area with funds provided under this Agreement.
E. Use and Reversion of Assets. The use and disposition of real property and equipment
under the Agreement shall be in compliance with the requirements of 24 CFR Part 84 and
24 CFR §§ 570.502 through 570.504, as applicable, which include, but are not limited to,
the following:
PY12 SUBRECIPIENT AGREEMENT -ADA COUNTY HOUSING AUTHORITY PAGE 5 OF 17
1. Records. Subrecipient shall maintain real property inventory records, which clearly
identify properties purchased, improved or sold.
2. National Objectives met for five (5) years. Pursuant to 24 CFR § 570.503(b)(7)(i),
real property that is acquired or improved, in whole or in part, with funds under this
Agreement in excess of $25,000 shall be used to meet one of the CDBG National
Objectives until five (5) years after expiration of this Agreement. If the use of the
CDBG-assisted real property fails to meet a CDBG National Objective for this
prescribed period of time, Subrecipient shall pay City an amount equal to the current
market value of the property, less any portion of the value attributed to expenditures
of non-CDBG funds for acquisition of or improvement to the property. Such
payment shall constitute program income to City. Subrecipient may retain real
property acquired or improved under this Agreement after the expiration of the five-
year period.
3. Sale of equipment. In all cases in which equipment acquired in whole or in part with
funds under this Agreement is sold, the proceeds shall be program income, prorated
to reflect the extent to that funds received under this Agreement were used to acquire
the equipment. Equipment purchased with funds received under this Agreement but
not needed by the Subrecipient for activities under this Agreement shall be (a)
transferred to City for the CDBG program or (b) retained after compensating City an
amount equal to the current fair market value of the equipment less the percentage of
non-CDBG funds used to acquire the equipment.
F. Records and reports.
1. Records to be maintained. In addition to specific records mentioned in this
Agreement, Subrecipient shall maintain all records that are pertinent to the activities
to be funded under this Agreement, including, but not limited to, those required by
the Federal regulations specified in 24 CFR § 570.506, and:
a. Full descriptions and records of each activity undertaken;
b. Records related to activities meeting the National Objectives;
c. Records required to determine the eligibility of activities for CDBG funding;
d. Records required to document the acquisition, improvement, use or disposition of
real property acquired or improved with CDBG assistance;
e. Records documenting compliance with the fair housing and equal opportunity
components of the CDBG Program;
f. Financial records, as required by 24 CFR §§ 84.21 through 84.28 and 570.502;
g. Other records necessary to document compliance with 24 CFR Part 570, Subpart
K, except that Subrecipient does not assume City's responsibilities under 24 CFR
§ 570.604 and part 52.
2. Records retention. Subrecipient shall retain all records pertinent to the expenditures
incurred under this Agreement for a period of five (5) years after the termination of
all activities funded under this Agreement, defined as the date of the submission of
PY12 SUBRECIPIENT AGREEMENT -ADA COUNTY HOUSING AUTHORITY PAGE 6 OF 17
City's final annual performance and evaluation report to HUD. Records for non -
expendable property acquired with funds under this Agreement shall be retained for
five (5) years after final disposition of such property. If, prior to the expiration of the
five-year period, any litigation, claims, audits, negotiations or other actions begin that
involve any of the records cited, such records shall be retained until completion of the
actions and resolutions of all issues, or the expiration of the five-year period,
whichever occurs later,
IMEMPLOYMENT AND LABOR CONDITION REQUIREMENTS
A. Civil Rights Act. Subrecipient agrees to comply with Title VI of the Civil Rights Act of
1964 as amended, Title VII of the Civil Rights Act of 1968 as amended, Section 104(b)
and Section 109 of Title I of the Housing and Community Development Act of 1974,
Section 504 of the Rehabilitation Act of 1974, the Americans with Disabilities Act of
1990, the Age Discrimination Act of 1975, Executive Order 11063, the Executive Order
11246 as amended by Executive Order 11375 and 12086, and 24 CFR 570.601 and
570.602. In regard to the sale, lease, or other transfer of land acquired, cleared or
improved with assistance provided under this contract, Subrecipient shall cause or require
a covenant running with the land to be inserted in the deed or lease for such transfer,
prohibiting discrimination as herein defined, in the sale, lease or rental, or in the use or
occupancy of such land, or in any improvements erected or to be erected thereon,
providing that City and the United States are beneficiaries of and entitled to enforce such
covenants. Subrecipient, in undertaking its obligation to carry out the program assisted
hereunder, agrees to take such measures as are necessary to enforce such covenant, and
will not itself so discriminate.
B. Nondiscrimination. Subrecipient agrees to comply with the non-discrimination in
employment and contracting opportunities laws, regulations, and executive orders
referenced in 24 CFR § 570.607, as revised by Executive Order 13279. The applicable
non-discrimination provisions in Section 109 of the HCDA are also applicable.
Subrecipient will not discriminate against any employee or applicant for employment or
services because of race, color, creed, religion, ancestry, national origin, sex, disability or
other handicap, age, marital status or status with regard to public assistance. Subrecipient
will take affirmative action to insure that all employment practices are free from such
discrimination. Such employment practices include but are not limited to the following:
hiring, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff,
termination, rates of pay or other forms of compensation, and selection for training,
including apprenticeship.
C. ADA section 504. Subrecipient agrees to comply with Federal regulations pursuant to
compliance with Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 706) which
prohibits discrimination against the handicapped in any Federally -assisted program. City
shall provide Subrecipient with any guidelines necessary for compliance with that portion
of the regulations in force during the term of this Agreement.
PY12 SUBRECIPIENT AGREEMENT -ADA COUNTY HOUSING AUTHORITY PAGE 7 OF 17
D. Affirmative Action.
1. Approved Plan. Subrecipient agrees that it shall be committed to carry out pursuant
to City's specifications an Affirmative Action Program in keeping with the principles
as provided in President's Executive Order 11246 of September 24, 1966. City shall
provide Affirmative Action guidelines to Subrecipient to assist in the formulation of
such program. Subrecipient shall submit a plan for an Affirmative Action Program for
approval prior to the award of funds.
2. Women- and Minority -Owned Businesses. Subrecipient shall use its best efforts to
afford small businesses, minority business enterprises, and women's business
enterprises the maximum practicable opportunity to participate in the performance of
this contract. As used in this contract, the terms "small business" means a business
that meets the criteria set forth in section 3(a) of the Small Business Act, as amended
(15 U.S.C. 632), and "minority and women's business enterprise" means a business at
least fifty-one (5 1) percent owned and controlled by minority group members or
women. For the purpose of this definition, "minority group members" are Afro-
Americans, Spanish-speaking, Spanish surnamed or Spanish -heritage Americans,
Asian -Americans, and American Indians. Subrecipient may rely on written
representations by businesses regarding their status as minority and female business
enterprises in lieu of an independent investigation,
E. Notifications.
1. Notice to workers. Subrecipient will send to each labor union or representative of
workers with which it has a collective bargaining agreement or other agreement or
understanding, a notice, to be provided by the agency contracting officer, advising the
labor union or workers' representative of Subrecipient's commitments hereunder, and
shall post copies of the notice in conspicuous places available to employees and
applicants for employment.
2. Solicitations for employment. Subrecipient will, in all solicitations or
advertisements for employees placed by or on behalf of Subrecipient, state that it is
an Equal Opportunity or Affirmative Action employer.
F. Prohibited Activity. Subrecipient is prohibited from using funds provided herein or
personnel employed in the administration of the program for political activities; sectarian,
or religious activities; lobbying, political patronage, and nepotism activities.
1. Political activities. Subrecipient agrees that no funds provided, nor personnel
employed under this Agreement, shall be in any way or to any extent engage in the
conduct of political activities in violation of the Hatch Act (Title V, Chapter 15,
U.S.C.).
2. Religious activities. Subrecipient agrees that funds provided under this Agreement
will not be utilized for religious activities, to promote religious interests, or for the
PY12 SUBRECIPIENT AGREEMENT -ADA COUNTY HOUSING AUTHORITY PAGE 8 OF 17
benefit of a religious organization in accordance with the Federal regulations
specified in 24 CFR § 570.2000).
G. Labor standards. Subrecipient agrees to comply with the requirements of the Secretary
of Labor in accordance with the Davis -Bacon Act as amended; the provisions of
Agreement Work Hours and Safety Standards Act; the Copeland "Anti -Kickback" Act
(40 U.S.C. §§ 276a, 276c, and 327); and all other applicable Federal, state and local laws
and regulations pertaining to labor standards insofar as those acts apply to the
performance of this Agreement. Subrecipient shall maintain documentation which
demonstrates compliance with the hour and wage requirements of this part. Such
documentation shall be made available to City for review upon request. Subrecipient
further agrees that all Contractors engaged under contracts in excess of $2,000.00 for
construction, renovation or repair of any building or work financed in whole or in part
with assistance provided under this Agreement shall comply with Federal requirements
pertaining to such Agreements and with the applicable requirements of the regulations of
the Department of Labor, under 29 CFR Parts 1, 3, 5 and 7 governing the payment of
wages and ratio of apprentices and trainees to j ourney workers; provided, that if wage
rates higher than those required under the regulations are imposed by state or local law,
nothing hereunder is intended to relieve Subrecipient of its obligation, if any, to require
payment of the higher wage.
H. Section 3 of the Housing and Urban Development Act of 1968.
1. Compliance. Compliance with Section 3 of the Housing and Urban Development
Act of 1968, as amended (12 U.S.C. § 1701) ("Section 3"), the regulations set forth in
24 CFR Part 135, and all applicable rules and orders issued thereunder prior to the
execution of this Agreement, shall be a condition of the Federal financial assistance
provided under this Agreement and shall be binding upon City, Subrecipient and any
of Subrecipient's subrecipients and/or subcontractors. Failure to fulfill these
requirements shall subject City, Subrecipient and any of Subrecipient's subrecipients
and subcontractors, their successors and assigns, to those sanctions specified by the
Agreement through which Federal assistance is provided. Subrecipient certifies and
agrees that no contractual or other disability exists that would prevent compliance
with these requirements.
2. Subcontract language. Subrecipient further agrees to include the following
language in all subcontracts executed under this Agreement: "The work to be
performed under this Agreement is a project assisted under a program providing
direct Federal financial assistance from HUD and is subject to the requirements of
Section 3 of the Housing and Urban Development Act of 1968, as amended (12
U.S.C. § 1701). Section 3 requires that to the greatest extent feasible opportunities
for training and employment be given to low and very low income residents of the
project area and Agreements for work in connection with the proj ect be awarded to
business concerns that provide economic opportunities for low and very low income
persons residing in the metropolitan area in which the project is located."
PY12 SUBRECIPIENT AGREEMENT -ADA COUNTY HOUSING AUTHORITY PAGE 9 OF 17
3. Employment of low- and very -low-income persons. Subrecipient further agrees to
ensure that opportunities for training and employment arising in connections with a
housing rehabilitation (including reduction and abatement of lead-based paint
hazards), housing construction, or other public construction projects are given to low
and very -low income person residing within the metropolitan area in which the
CDBG-funded project is located; where feasible, priority should be given to low and
very low income persons within the service area of the project or the neighborhood in
which the project is located, and to low and very low income participants in other
HUD programs; and award contracts for work undertaken in connection with a
housing rehabilitation (including reduction and abatement of lead-based paint
hazards), housing construction, or other public construction project are given to
business concerns that provide economic opportunities for low and very low income
persons residing within the metropolitan area in which the CDBG-funded project is
located; where feasible, priority should be given to business concerns which provide
economic opportunities to low and very low income residents within the service area
of the neighborhood in which the project is located, and to low and very low income
participants in other HUD programs. Subrecipient certifies and agrees that no
contractual or other legal incapacity exists that would prevent compliance with these
requirements.
4. Notifications. Subrecipient agrees to send to each labor organization or
representative of workers with which it has a collective bargaining agreement or other
contract or understanding, if any, a notice advising said labor organization or
worker's representative of its commitments under this Section 3 clause and shall post
copies of the notice in conspicuous places available to employees and applicants for
employment or training.
5. Subcontracts. Subrecipient will include this Section 3 clause in every subcontract
and will take appropriate action pursuant to the subcontract upon a finding that the
subcontractor is in violation of regulations issued by the grantor agency. Subrecipient
will not subcontract with any entity where it has notice or knowledge that the latter
has been found in violation of regulations under 24 CFR Part 135 and will not let any
subcontract unless the entity has first provided it with a preliminary statement of
ability to comply with the requirements of these regulations.
I. Conflicts of Interest. Subrecipient agrees to abide by the provisions of 24 CFR §§ 84.42
and 570.611m, which include, but are not limited to, the following:
1. Code of Conduct. Subrecipient shall maintain a written code or standards of conduct
that shall govern the performance of its officers, employees or agents engaged in the
award and administration of Agreements supported by Federal funds.
2. Contract selection. No employee, officer or agent of the Subrecipient shall
participate in the selection, or in the award, or administration of, a contract supported
by Federal funds if a conflict of interest, real or apparent, would be involved,
PY12 SUBRECIPIENT AGREEMENT -ADA COUNTY HOUSING AUTHORITY PAGE 10 OF 17
3. Self-interested contracts and nepotism. No persons who exercises or have
exercised any functions or responsibilities with respect to CDBG-assisted activities,
or who are in a position to participate in a decision-making process or gain inside
information with regard to such activities, may obtain a financial interest in any
Agreement, or have a financial interest in any contract, subcontract, or agreement
with respect to the CDBG-assisted activity, either for themselves or those with who
they have business or immediate family ties, during their tenure or for a period of one
(1) year thereafter. For purposes of this paragraph, a "covered person" includes any
person who is an employee, agent, consultant, officer, or elected or appointed official
of City, the Subrecipient, or any designated public agency.
J. Lobbying. The following certification is a material representation of fact upon which
reliance was placed when this transaction was made or entered into. Submission of this
certification is a prerequisite for making or entering into this transaction imposed by
section 1352, title 31, U.S.C. Subrecipient hereby certifies that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to
any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an employee
of a Member of Congress in connection with the awarding of any Federal Agreement,
the making of any Federal grant, the making of any Federal loan, the entering into of
any cooperative agreement, and the extension, continuation, renewal, amendment, or
modification of any Federal Agreement, grant, loan, or cooperative agreement;
2. If any funds other than Federal appropriated funds have been paid or will be paid to
any person for influencing attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an employee
of a Member of Congress in connection with this Federal Agreement, grant, loan, or
cooperative agreement, it will complete and submit Standard Form -LLL, "Disclosure
Form to Report Lobbying," in accordance with its instructions;
3. Subrecipient will require that the following language be included in the award
documents for all sub -awards at all tiers (including subcontracts, sub -grants, and
contracts under grants, loans, and cooperative agreements) and that all subrecipients
shall certify and disclose accordingly: "This certification is a material representation
of fact upon which reliance was placed when this transaction was made or entered
into. Submission of this certification is a prerequisite for malting or entering into this
transaction imposed by 31 U.S.C. § 1352. Any person who fails to file the required
certification shall be subject to a civil penalty of not let less that $10,000 and not
more than $100,000 for each such failure."
IV. ENVIRONMENTAL CONDITIONS
A. Air and Water. Subrecipient specifically agrees to comply with the following
regulations insofar as they apply to the performance of this Agreement:
PY12 SUBRECIPIENT AGREEMENT -ADA COUNTY HOUSING AUTHORITY PAGE 1 I OF 17
1. Clean Air Act, 42 U.S.C. §§ 7401, et seq.
2. Federal Water Pollution Control Act, as amended, 33 U.S.C. §§ 1251, et seq., relating
to inspection, monitoring, entry reports, and information, as well as other
requirements specified in said Act, and all regulations and guidelines issued
thereunder.
3. Environmental Protection Agency (EPA) regulations pursuant to 40 C.F.R. Part 50.
B. Flood Disaster Protection. In accordance with the requirements of the Flood Disaster
Protection Act of 1973 (42 U.S.C. § 4001), Subrecipient shall assure that for activities
located in an area identified by FEMA as having special flood hazards, flood insurance
under the National Flood Insurance Program is obtained and maintained as a condition of
financial assistance for acquisition or construction purposes (including rehabilitation).
C. Lead -Based Paint. Subrecipient agrees that any construction or rehabilitation of
residential structures with assistance provided under this Agreement shall be subject to
HUD Lead -Based Paint Regulations, 24 CFR Part 35, implementing Title X of the
Housing and Community Development Act of 1992, These regulations revise the CDBG
lead based paint requirements under 24 CFR § 570.608. Such regulations pertain to all
CDBG-assisted housing and require that all owners, prospective owners, and tenants of
properties constructed prior to 1978 be properly notified that such properties may include
lead-based paint. Such notification shall point out the hazards of lead-based paint and
explain the symptoms, treatment and precautions that should be taken when dealing with
lead-based paint poisoning and the advisability and availability of blood level screening
for children under seven. The notice must also point out that if lead-based paint is found
on the property, abatement measures may be undertaken. The regulations further require
that, depending on the amount of Federal funds applied to a property, paint testing, risk
assessment, treatment and/or abatement may be conducted.
D. Historic Preservation. Subrecipient agrees to comply with the Historic Preservation
requirements set forth in the National Historic Preservation Act of 1966, as amended (16
U.S.C. § 470) and the procedures set forth in 36 CFR Part 800, Advisor Council on
Historic Preservation Procedures for Protection of Properties, insofar as they apply to the
performance of this Agreement. In general, this requires concurrence from the State
Historic Preservation Officer for all rehabilitation and demolition of historic properties
that are fifty years or older or that are included on a Federal, state or local historic
property list.
V. GENERAL CONDITIONS
A. Notices. All notices required to be given by either of the parties hereto shall be in writing
and be deemed communicated when personally served, or mailed in the United States
mail, addressed as follows:
City of Meridian Ada County Housing Authority
Attn: Lori Den Hartog Attn: Jillian Patterson
PY12 SUBRECIPIENT AGREEMENT -ADA COUNTY HOUSING AUTHORITY PAGE 12 OF 17
CDBG Program Administrator CDBG Grant Administrator
33 E. Broadway Avenue 1276 W. River Street
Meridian, Idaho 83642 Boise, Idaho 83702
Either party may change its authorized representative and/or address for the purpose of
this paragraph by giving written notice of such change to the other party in the manner
herein provided.
B. Compliance with laws. Subrecipient agrees to comply with HUD regulations
concerning CDBG funds, including, but not limited to, 24 CFR Part 570 and subpart K of
such regulations. Subrecipient also agrees to comply with all other applicable Federal,
state and local laws, regulations, and policies governing the funds provided under this
Agreement, except that: (1) Subrecipient does not assume the recipient's environmental
responsibilities described in 24 CFR 570.604, and (2) Subrecipient does not assume the
recipient's responsibility for initiating the review process under the provisions of 24 CFR
Part 52.
C. Copyright. Contracts of agreements for the performance of experimental developmental
or research work shall provide for the rights of the Federal Government and the recipient
in any resulting invention in accordance with 37 CFR Part 401, "Rights to Inventions
Made by Nonprofit Organizations and Small Business Firms Under Government Grants
Contracts and Cooperative Agreements."
D. Independent Contractor. Nothing contained in this Agreement is intended to, or shall
be construed in any manner, as creating or establishing the relationship of
employer/employee between the parties. Subrecipient shall at all times remain an
independent Contractor with respect to the services to be performed under this
Agreement. City shall provide no benefits or insurance coverage whatsoever to
Subrecipient and/or to its agents.
E. Indemnity. Subrecipient, and each and all of its employees, agents, contractors,
officials, officers, servants, guests, and/or invitees, and all participants in Subrecipient's
programming, shall hold harmless, defend and indemnify City from and for all such
losses, claims, actions, and/or judgments for damages or injury to persons or property
and/or losses and expenses caused or incurred by Subrecipient and/or its employees,
agents, contractors, officials, officers, servants, guests, and/or invitees, and participants in
its programming, and other costs, including litigation costs and attorneys' fees, arising
out of, resulting from, or in connection with the performance of this Agreement by
Subrecipient and/or Subrecipient's employees, agents, contractors, subcontractors,
officials, officers, servants, guests, invitees, participants, and/or volunteers and resulting
in and/or attributable to personal injury, death, and/or damage and/or destruction to
tangible or intangible property.
F. Workers' Compensation. Subrecipient shall provide Workers' Compensation Insurance
coverage for all employees involved in the performance of this Agreement.
G. Insurance and bonding. Subrecipient shall carry sufficient insurance coverage to
PY12 SUBRECIPIENT AGREEMENT -ADA COUNTY HOUSING AUTHORITY PAGE 13 OF 17
protect Agreement assets from loss due to theft, fraud and/or undue physical damage.
Further, Subrecipient shall comply with the bonding and insurance requirements of 24
CFR §§ 84.31 and 84.48.
H. Grantor Recognition. Subrecipient shall publically recognize the role of City in
providing services under this Agreement. In addition, Subrecipient will include a
reference to the support provided herein in all publications made possible with funds
made available under this Agreement.
I. Amendments. The parties hereto may amend this Agreement at any time provided that
such amendments make specific reference to this Agreement, and are executed in writing,
signed by a duly authorized representative of each party, and approved by City's
governing body. Such amendments shall not invalidate this Agreement, nor relieve or
release either party from its obligations under this Agreement. City may, in its discretion,
amend this Agreement to conform with Federal, state or local governmental guidelines,
policies and available funding amounts, or for other reasons. If such amendments result
in a change in the funding, the scope of services, or schedule of the activities to be
undertaken as part of this Agreement, such modifications will be incorporated only by
written amendment signed by both parties.
J. Termination.
1. Notice of termination. Either party may terminate this Agreement by, at least 30
days before the effective date of such termination, giving written notice to the other
party of such termination and specifying the effective date thereof.
2. Partial termination. Partial terminations of the Scope of Service as set forth herein
may only be undertaken with the prior approval of City.
3. Work completed. In the event of any termination for convenience, all finished or
unfinished documents, data, studies, surveys, maps, models, photographs, reports of
other materials prepared by Subrecipient under this Agreement shall, at the option of
City, become the property of City, and Subrecipient shall be entitled to receive just
and equitable compensation for any satisfactory work completed on such documents
or materials prior to the termination.
4. Termination for convenience. In accordance with 24 CFR § 85.44, suspension or
termination of the Agreement, in whole or in part, may occur for convenience.
5. Termination for material noncompliance. In accordance with 24 CFR § 85.43,
suspension or termination of the Agreement, in whole or in part, may occur if
Subrecipient materially fails to comply with any term of this Agreement, which shall
include, but shall not be limited to, the following:
a. Failure to comply with any of the rules, regulations or provisions referred to
herein, or such statutes, regulations, executive orders, and HUD guidelines,
policies or directives as may become applicable at any time;
PY12 SUBRECIPIENT AGREEMENT -ADA COUNTY HOUSING AUTHORITY PAGE 14 OF 17
b. Failure by Subrecipient to fulfill in a timely and proper manner its obligations
under this Agreement;
c. Ineffective or improper use of funds provided under this Agreement; or
d. Submission by the Subrecipient to City reports that are incorrect or incomplete in
any material respect.
6. Penalty for material noncompliance. In addition to suspension or termination of
this Agreement and/or any other remedies as provided by law, upon a finding of
material noncompliance, City may declare Subrecipient ineligible for any further
participation in City CDBG programming. In the event there is probable cause to
believe Subrecipient is in noncompliance with any applicable rules or regulations,
City may withhold up to fifteen (15) percent of said Agreement funds until such time
as Subrecipient is found to be in compliance by City, or is otherwise adjudicated to be
in compliance.
K. Assignment. Subrecipient shall not assign or transfer any interest in this agreement
without prior written consent of City; provided, however, that claims for money due or to
become due to Subrecipient from City under this Agreement may be assigned to a bank,
trust company, or other financial institution without such approval. Notice of any
assignment or transfer shall be furnished promptly to City.
L. Subcontractors.
1. City must approve. Subrecipient shall not enter into any subcontracts with any
agency or individual in the performance of this Agreement without the prior written
consent of City. All subcontracts entered into in the performance of this Agreement
shall be awarded pursuant to any applicable provisions of the City Purchasing Policy
and/or local, state, or federal laws.
2. Monitoring. Subrecipient shall monitor all subcontracted services on a regular basis
to assure contract compliance. Results of monitoring efforts shall be summarized in
written reports and supported with documented evidence of follow-up actions taken
to correct areas of noncompliance. Subrecipient shall furnish and cause each of its
own subrecipients or subcontractors to furnish all information and reports required
hereunder and will permit access to its books, records and accounts by City, HUD or
its agent, or other authorized Federal officials for purposes of investigation to
ascertain compliance with the rules, regulations and provisions stated herein.
3. Subcontract content. Subrecipient shall cause all provisions of this Agreement in
their entirety to be included in and made a part of any subcontract executed in the
performance of this Agreement. Specifically, without limitation, Subrecipient shall
include the provisions of this Agreement regarding Civil Rights and Affirmative
Action in every subcontract or purchase order, specifically or by reference, to ensure
that such provisions will be binding upon all subcontractors.
4. Documentation. Executed copies of all subcontracts shall be forwarded to City
PY12 SUBRECIPIENT AGREEMENT -ADA COUNTY HOUSING AUTHORITY PAGE 15 OF 17
along with documentation concerning the selection process.
M. Relocation, real property acquisition, and one-for-one housing replacement.
Subrecipient agrees specifically, without limitation, to comply with:
1. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of
1970, as amended (URA), and implementing regulations at 49 CFR Part 24 and 24
CFR 570.606(b);
2. The requirements of 24 CFR 570.606(c) governing the Residential Anti -displacement
and Relocation Assistance Plan under section 104(d) of the HCD Act; and
3. The requirements in 24 CFR 570.606(4) governing optional relocation policies.
Subrecipient shall provide relocation assistance to displaced persons as defined by 24
CFR 570.606(b)(2) that are displaced as a direct result of acquisition, rehabilitation,
demolition or conversion for a CDBG-assisted project.
N. No contractual impediments. Subrecipient certifies and agrees that no contractual or
other disability exists which would prevent compliance with these requirements.
O. Severability. If any provision of this Agreement is held invalid, the reminder of the
Agreement shall not be affected thereby and all other parts of this Agreement shall
nevertheless be in full force and effect.
P. Entire Agreement. This Agreement contains the entire agreement of the parties and
supersedes any and all other agreements or understandings, oral or written, whether
previous to the execution hereof or contemporaneous herewith.
Q. Non -waiver. Failure of either party to promptly enforce the strict performance of any
term of this Agreement shall not constitute a waiver or relinquishment of any party's
right to thereafter enforce such term, and any right or remedy hereunder may be asserted
at any time after the governing body of either party becomes entitled to the benefit
thereof, notwithstanding delay in enforcement,
R. Approval required. This Agreement shall not become effective or binding until
approved by the respective governing bodies of both City and Subrecipient.
PY12 SUBRECIPIENT AGREEMENT -ADA COUNTY HOUSING AUTHORITY PAGE 16 OF 17
IN WITNESS WHEREOF, the parties shall cause this Agreement to be executed by
their duly authorized officers to be effective as of the day and year first above written.
SUBRECIPIENT:
Ada County Housing Authority
'Asaa� Vf
By: Deanna Watson, Executive Director
CITY:
City of Meridian
STATE OF IDAHO
ss:
County of Adm )
I HEREBY CERTIFY that on this � day of _Ac ,{'
1
before the undersigned, a Notary Public in the State of Idaho,
personally appeared Deanna Watson, proven to me to be the
person who executed the said instrument, and acknowledged
to me that such person 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.
Notary Public for Idaho
Residing at , Idaho
My Commission Expires:
coxtc'�'E
DBy; Tammd eerd, Mayor CityofISEAT,N`NQ �Le 7RE' SUQb
Attest:
City Clerk
PY12 SUBRECIPIENT AGREEMENT —ADA COUNTY HOUSING AUTHORITY PAGE 17 OF 17
11 liqJ111111 11111 iilllillilili�ililill 1111111 yi 111111111111111
0 "•
INW-TrArme 7 Mt
DATE: January 22, 2013 ITEM NUMBER: 5F
PROJECT NUMBER:
ITEM TITLE:
Meridian Food Bank Community Development Block Grant (CDBG) PY2012 Sub -
recipient Agreement
MEETING NOTES
. . . ... . .
. . .. ....
7
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
SUBRECIPIENT AGREEMENT BETWEEN CITY OF MERIDIAN
AND MERIDIAN FOOD BANK
FOR PY 2012 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
This Agreement is entered into this 2�2- day 2013 by and between the City of
Meridian, a municipal corporation organized guider the laws of the tate of Idaho ("City") and Valley Shepherd
Nazarene Compassionate Ministries Center, Inc., dba Meridian Food Bank, a nonprofit charitable corporation
organized under the laws of the state of Idaho ("Subrecipient").
WHEREAS, City is an entitlement community, and as such has applied for and received fields from the
United States Govermnent under Title I of the Housing and Community Development Act of 1974, Public Law
93-383, i.e. Commtulity Development Block Grant ("CDBG") fields; and
WHEREAS, Subrecipient assists individuals and families by providing food, which activity
complements the objectives of the CDBG program; and
WHEREAS, City and Subrecipient wish to enter into a cooperative agreement for the investment of
CDBG funds from Program Year 2012 (PY12);
NOW, THEREFORE, in consideration of the mutual covenants of the parties, the Parties agree as
follows:
I. SCOPE OF SERVICE
A. Activities. Subrecipient shall use City's PY12 CDBG funds in the amount of twenty six thousand five
hundred dollars ($26,500) to purchase food supplies for distribution at the Meridian Food Bank, located
at 133 W. Broadway Avenue, Meridian, Idaho. Subrecipient shall be responsible for administering its
PY2012 CDBG fiends in a manner satisfactory to City and consistent with any and all required as a
condition of providing these finds.
B. National Objective. Subrecipient certifies that the activities carried out City's PY12 CDBG fields
provided by City under this Agreement will meet one or more of the CDBG program's National
Objectives as defined in 24 CFR S 570.208, Specifically, Subrecipient's activities under this agreement
shall provide a new public service (24 CFR 570.201(e)) to limited clientele (LMC) (24 CFR S
570.208(a)(2)).
C. Levels of accomplishment.
1. Goals. Subrecipient shall undertake activities pursuant to this Agreement to serve one thousand
(1,000) Units of Service. For the purposes of this Agreement, "Units of Service" shall be defined as
residents provided food by the Subrecipient.
2. Performance measures. This project will provide food for LMI persons. In addition to the normal
administrative services required as part of this Agreement, Subrecipient agrees to document and
report on each and all of the following outcomes:
a. Fancily size (number of individuals) of each person or household assisted; and
b. Household income of each person or household assisted; and
c. Race and ethnicity of individuals assisted; and
d. Number of individuals gaining new access to services provided; and
e. Number of individuals gaining improved access to services provided.
PY12 SUBRECIPIENT AGREEMENT- MERIDIAN FOOD BANK PAGE 1 OF 13
D. Staffing not funded. Subrecipient agrees that no CDBG fluids will be utilized for staffing.
E. Performance monitoring. City will monitor the performance of Subrecipient against goals and
performance measures as set forth herein. Performance monitoring shall include City's review of
Subrecipients' submitted documents for accuracy and completion, as well as an on-site visit from City's
CDBG Administrator to review the completeness and accuracy of records maintained. Substandard
performance as determined by City shall constitute noncompliance with this Agreement. If action to
correct such substandard performance is not taken by Subrecipient within fourteen days (14) after being
notified by City, Agreement suspension or termination procedures will be initiated.
F. Time of performance. Services of Subrecipient shall start on or before December 31, 2012 and end on
September 30, 2013. The term of this Agreement and the provisions herein shall be extended to cover
any additional time period curing which Subrecipient remains in control of CDBG funds or other CDBG
assets, including program income.
G. Progress Reports. Subrecipient shall submit a regular Progress Report, in the form and content as
required by City, with every draw request. If Progress Reports are delinquent, draw requests will not be
processed until the delinquency is cured. Progress Reports must contain information on outcome -based
measurements as outlined in this Agreement.
IL ADMINISTRATIVE REQUIREMENTS
A. Uniform administrative requirements. Subrecipient shall comply with applicable uniform
administrative requirements, as described in 24 CFR § 570.506.
B. Financial Management.
1. Budget. Subrecipient agrees that it shall use City's PY11 CDBG fields in the amount of twenty-six
thousand five hundred dollars ($26,500) to purchase food assistance to LMI persons. City may
require a detailed budget breakdown, and Subrecipient shall provide such information in a timely
fashion, and in the form and content prescribed by City.
2. Supplementation of other funds. Subrecipient agrees to utilize fiends available under this
Agreement to supplement, rather than supplant, funds otherwise available.
3. Accounting Standards. Subrecipient agrees to comply with 24 CFR §§ 84.21 through 84.28, and
further agrees to: adhere to the accounting principles and procedures required therein, utilize
adequate internal controls, and maintain necessary source documentation for all costs incurred.
4. Cost Principles. Subrecipient shall administer its program in conformance with OMB Circular A-
122, "Cost Principles for Non -Profit Organizations." These principles shall be applied for all costs
incurred, whether charged on a direct or indirect basis.
5. Certification of financial management system. Payments shall be contingent upon HUD's
certification of Subrecipient's financial management system in accordance with 24 CFR § 84,21.
6. Subrecipient Orientation Workshop. Subrecipient agrees to meet with City's CDBG Program
Administrator prior to submitting the first draw request to City. City will not process draw requests
unless and until Subrecipient attends this meeting.
7. Client Data. Subrecipient shall maintain client data demonstrating client eligibility for services
Py 12 SUBRECIPIENI' AGREEMENT -MERIDIAN FOOD BANK PAGE 2 OF 13
provided. Such data shall include, but not be limited to: client name, address, income level or other
basis for determining eligibility, and description of service provided. Such information shall be
made available for review upon City's request.
8. Disclosures. Subrecipient understands that client information collected tinder this Agreement is
private and the use or disclosure of such information, when not directly connected with the
administration of City or Subrecipient's responsibilities tinder this Agreement, is prohibited by the
Financial Privacy Act unless written consent is obtained from such person receiving service and, ill
the case of a minor, that of a responsible parent/guardian.
9. Property Records. Subrecipient shall maintain real property inventory records that clearly identify
properties purchased, improved or sold. Properties retained shall continue to meet eligibility criteria.
10. Closeout. Subrecipient's obligation to City shall not end until all closeout requirements are
completed. Activities during this closeout period shall include, but shall not be limited to: malting
final payments, disposing of program assets (including the return of all unused materials, equipment,
unspent cash advances, program income balances, and accounts receivable to City), and determining
the custodianship of records. Notwithstanding the foregoing, the terms of this Agreement shall
remain in effect during any period that Subrecipient has control over CDBG funds, including
program income.
11. Audits and inspections. All Subrecipient records with respect to any matters covered by this
Agreement shall be made available to City, HUD or its agent, or other authorized federal officials, at
any time during normal business hours, as often as deemed necessary, to audit, examine, and make
excerpts or transcripts of all relevant data for purposes of investigation to ascertain compliance with
the rules, regulations and provisions stated herein. Any deficiencies noted in audit reports must be
frilly repaired by Subrecipient within thirty (30) days after receipt of such report by Subrecipient.
Failure of Subrecipient to comply with the above audit requirements will constitute a violation of
this Agreement and may result in the withholding of fixture payments. Subrecipient hereby agrees to
have an annual agency audit conducted in accordance with current City policy concerning audits and
as applicable, OMB Circular A-133.
Sub -recipient shall comply with OMB Circular A-133, Subpart B, Section 200(a) which requires that
all non -Federal entities that expend $500,000 or more in a year have a single or program -specific
audit conducted in accordance with A-133. Sub -recipient shall be willing to allow inquires from the
City about the sub -recipient's financial statements and single audit reports. If subrecipient is subject
to this requirement, a copy of the audit report shall be provided to the City within 30 days of
completion of the audit.
C. Payment Procedures.
1. Program Income. The activities governed by this agreement are not anticipated to generate
program income as Subrecipient shall not charge its members for the service. Any change to the
activities described herein that will generate program income shall require an amendment to this
agreement.
2. Indirect Costs. Indirect costs are not eligible for CDBG funding.
3. Payment Procedures. City will pay to Subrecipient fiords available under this Agreement based
upon information submitted by Subrecipient and consistent with any approved budget and City
policy concerning payments. With the exception of certain advances, payments will be made for
PY12 SUBRECIPI ENT AGREEMENT -MERIDIAN FOOD BANK PAGE 3 OF 13
eligible expenses actually incurred by Subrecipient, and not to exceed actual cash requirements.
Payments will be adjusted by City in accordance with advance fiord and program income balances
available in Subrecipient's accounts. In addition, City reserves the right to liquidate fields available
under this Agreement for costs incurred by City on behalf of Subrecipient.
4. Draw requests. It is expressly agreed and understood that the total amount to be paid by City under
this Agreement shall not exceed $26,500. Drawdowns for the payment of eligible expenses shall be
made against the activity specified, in accordance with performance and as expenses are incurred by
Subrecipient. Draw requests shall only be accepted on official City and/or HUD forms and must be
completed in full to be processed. All draw requests are to be submitted monthly, no later than
twenty-one (21) days after the end of the month for which reimbursement is being submitted. Draw
requests shall include the following: draw request form; progress report; beneficiary income
eligibility documentation; transaction detail, HUD -1, and related summary information; and proof of
payment by Subrecipient. Final draw under this Agreement will be submitted by Subrecipient no
later than September 20, 2013 unless otherwise agreed in writing.
5. Funds transfer. Pursuant to 24 CFR § 570.503(b)(7), upon expiration of this Agreement,
Subrecipient shall transfer to City any CDBG Rinds on hand at the time of expiration and any
accounts receivable attributable to the use of CDBG ftulds.
6. DUNS number. Subrecipient shall comply with requirements established by the Office of
Management and Budget ("OMB") concerning the Duni and Bradstreet Data Universal Numbering
System ("DUNS"), the Central Contractor Registration database, and the Federal Funding
Accountability and Transparency Act, including Appendix A to Part 25 of the Financial Assistance
Use of Universal Identifier and Central Contractor Registration, 75 Fed. Reg. 55671 (Sept. 14, 2010)
(to be codified at 2 CFR part 25) and Appendix A to Part 170 of the Requirements for Federal
Funding Accountability and Transparency Act Implementation, 75 Fed. Reg. 55663 (Sept. 14, 2010)
(to be codified at 2 CFR part 170).
D. Procurement.
1. Compliance with policies. Subrecipient shall comply with current Federal and City policies
concerning the purchase of equipment and shall maintain inventory records of all non -expendable
personal property as defined by such policy as may be procured with fields provided hereunder.
2. OMB Standards. Subrecipient shall procure all materials in accordance with the requirements of
24 CFR §§ 84.40 to 84.48.
3. Travel. Subrecipient shall obtain written approval from City prior to any travel outside the Boise
metropolitan area with fiords provided under this Agreement.
E. Use and Reversion of Assets. The use and disposition of real property and equipment under the
Agreement shall be in compliance with the requirements of 24 CFR Part 84 and 24 CFR S§ 570.502
through 570.504, as applicable, which include, but are not limited to, the following:
Records. Subrecipient shall maintain real property inventory records, which clearly identify
properties purchased, improved or sold.
2. National Objectives met for five (5) years. Pursuant to 24 CFR 5 570.503(b)(7)(i), real property
that is acquired or improved, in whole or in part, with fiends under this Agreement in excess of
$25,000 shall be used to meet one of the CDBG National Objectives until five (5) years after
PY 12 SUBRECIPIENT AGREEMENT- MERIDIAN FOOD BANK PAGE 4 OF 13
expiration of this Agreement. If the use of the CDBG-assisted real property fails to meet a CDBG
National Objective for this prescribed period of time, Subrecipient shall pay City an amount equal to
the current market value of the property, less any portion of the value attributed to expenditures of
non-CDBG fiends for acquisition of or improvement to the property. Such payment shall constitute
program income to City. Subrecipient may retain real property acquired or improved under this
Agreement after the expiration of the five-year period.
3. Sale of equipment. In all cases in which equipment acquired in whole or in part with ftunds under
this Agreement is sold, the proceeds shall be program income, prorated to reflect the extent to that
finds received tinder this Agreement were used to acquire the equipment. Equipment purchased
with fiends received under this Agreement but not needed by the Subrecipient for activities under this
Agreement shall be (a) transferred to City for the CDBG program or (b) retained after compensating
City an amount equal to the current fair market value of the equipment less the percentage of non-
CDBG fiends used to acquire the equipment.
F. Records and reports.
Records to be maintained. hn addition to specific records mentioned in this Agreement,
Subrecipient shall maintain all records that are pertinent to the activities to be funded under this
Agreement, including, but not limited to, those required by the Federal regulations specified in 24
CFR § 570.506, and:
a. Full descriptions and records of each activity undertaken;
b. Records related to activities meeting the National Objectives;
c. Records required to determine the eligibility of activities for CDBG finding;
d. Records required to document the acquisition, improvement, use or disposition of real property
acquired or improved with CDBG assistance;
e. Records documenting compliance with the fair housing and equal opportunity components of the
CDBG Program;
f Financial records, as required by 24 CFR §§ 84.21 through 84.28 and 570.502;
g. Other records necessary to document compliance with 24 CFR Part 570, Subpart K, except that
Subrecipient does not assume City's responsibilities under 24 CFR S 570.604 and part 52.
2. Records retention. Subrecipient shall retain all records pertinent to the expenditures incurred under
this Agreement for a period of five (5) years after the termination of all activities funded under this
Agreement, defined as the date of the submission of City's final annual performance and evaluation
report to HUD. Records for non -expendable property acquired with fields under this Agreement
shall be retained for five (5) years after final disposition of such property. If, prior to the expiration
of the five-year period, any litigation, claims, audits, negotiations or other actions begin that involve
any of the records cited, such records shall be retained until completion of the actions and
resolutions of all issues, or the expiration of the five-year period, whichever occurs later.
IILEMPLOYMENT AND LABOR CONDITION REQUIREMENTS
A. Civil Rights Act. Subrecipient agrees to comply with Title VI of the Civil Rights Act of 1964 as
amended, Title VII of the Civil Rights Act of 1968 as amended, Section 104(b) and Section 109 of Title
I of the Housing and Community Development Act of 1974, Section 504 of the Rehabilitation Act of
1974, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive
Order 11063, the Executive Order 11246 as amended by Executive Order 11375 and 12086, and 24 CFR
570.601 and 570.602. In regard to the sale, lease, or other transfer of land acquired, cleared or improved
with assistance provided under this contract, Subrecipient shall cause or require a covenant running with
the land to be inserted in the deed or lease for such transfer, prohibiting discrimination as herein defined,
PY 12 SUBRECIPIENT AGREEMENT- MERIDIAN FOOD BANK PAGE 5 OF 13
in the sale, lease or rental, or in the use or occupancy of such land, or in any improvements erected or to
be erected thereon, providing that City and the United States are beneficiaries of and entitled to enforce
such covenants. Subrecipient, in undertaking its obligation to carry out the program assisted hereunder,
agrees to take such measures as are necessary to enforce such covenant, and will not itself so
discriminate.
B. Nondiscrimination. Subrecipient agrees to comply with the non-discrimination in employment and
contracting opportunities laws, regulations, and executive orders referenced in 24 CFR S 570.607, as
revised by Executive Order 13279. The applicable non-discrimination provisions in Section 109 of the
HCDA are also applicable. Subrecipient will not discriminate against any employee or applicant for
employment or services because of race, color, creed, religion, ancestry, national origin, sex, disability
or other handicap, age, marital status or status with regard to public assistance. Subrecipient will take
affirmative action to insure that all employment practices are free from such discrimination. Such
employment practices include but are not limited to the following: hiring, upgrading, demotion,
transfer, recruitment or recruitment advertising, layoff, termination, rates of pay or other forms of
compensation, and selection for trailing, including apprenticeship.
C. ADA section 504. Subrecipient agrees to comply with Federal regulations pursuant to compliance with
Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. S 706) which prohibits discrimination against
the handicapped in any Federally -assisted program. City shall provide Subrecipient with any guidelines
necessary for compliance with that portion of the regulations in force during the term of this Agreement.
D. Affirmative Action.
1. Approved Plan. Subrecipient agrees that it shall be committed to carry out pursuant to City's
specifications an Affirmative Action Program in keeping with the principles as provided in
President's Executive Order 11246 of September 24, 1966. City shall provide Affirmative Action
guidelines to Subrecipient to assist in the formulation of such program. Subrecipient shall submit a
plan for an Affirmative Action Program for approval prior to the award of finds.
2. Women- and Minority -Owned Businesses. Subrecipient shall use its best efforts to afford small
businesses, minority business enterprises, and women's business enterprises the maximum
practicable opportunity to participate in the performance of this contract. As used in this contract, the
terms "small business" means a business that meets the criteria set forth in section 3(a) of the Small
Business Act, as amended (15 U.S.C. 632), and "minority and women's business enterprise" means
a business at least fifty-one (5 1) percent owned and controlled by minority group members or
women. For the purpose of this definition, "minority group members" are Afro-Americans, Spanish-
speaking, Spanish surnamed or Spanish -heritage Americans, Asian -Americans, and American
Indians. Subrecipient may rely on written representations by businesses regarding their status as
minority and female business enterprises in lieu of an independent investigation.
E. Notifications.
1. Notice to workers. Subrecipient will send to each labor union or representative of workers with
which it has a collective bargaining agreement or other agreement or understanding, a notice, to be
provided by the agency contracting officer, advising the labor union or workers' representative of
Subrecipient's conunitments hereunder, and shall post copies of the notice in conspicuous places
available to employees and applicants for employment.
2. Solicitations for employment. Subrecipient will, in all solicitations or advertisements for
employees placed by or on behalf of Subrecipient, state that it is an Equal Opportunity or
PY12 SUBRECIPIEN"I' AGREEMENT -MERIDIAN FOOD BANK PAGE 6 OF 13
Affirmative Action employer.
F. Prohibited Activity. Subrecipient is prohibited from using fiends provided herein or personnel
employed in the administration of the program for political activities; sectarian, or religious activities;
lobbying, political patronage, and nepotism activities.
1. Political activities. Subrecipient agrees that no fiends provided, nor personnel employed under this
Agreement, shall be in any way or to any extent engage in the conduct of political activities in
violation of the Hatch Act (Title V, Chapter 15, U.S.C.).
2. Religious activities. Subrecipient agrees that fluids provided under this Agreement will not be
utilized for religious activities, to promote religious interests, or for the benefit of a religious
organization in accordance with the Federal regulations specified in 24 CFR § 570.2000).
G. Labor standards. Subrecipient agrees to comply with the requirements of the Secretary of Labor in
accordance with the Davis -Bacon Act as amended; the provisions of Agreement Work Hours and Safety
Standards Act; the Copeland "Anti -Kickback" Act (40 U.S.C. §5 276a, 276c, and 327); and all other
applicable Federal, state and local laws and regulations pertaining to labor standards insofar as those acts
apply to the performance of this Agreement. Subrecipient shall maintain documentation which
demonstrates compliance with the hour and wage requirements of this part. Such documentation shall
be made available to City for review upon request. Subrecipient further agrees that all Contractors
engaged under contracts in excess of $2,000.00 for construction, renovation or repair of any building or
work financed in whole or in part with assistance provided under this Agreement shall comply with
Federal requirements pertaining to such Agreements and with the applicable requirements of the
regulations of the Department of Labor, under 29 CFR Parts 1, 3, 5 and 7 governing the payment of
wages and ratio of apprentices and trainees to journey workers; provided, that if wage rates higher than
those required tinder the regulations are imposed by state or local law, nothing hereunder is intended to
relieve Subrecipient of its obligation, if any, to require payment of the higher wage.
H. Section 3 of the Housing and Urban Development Act of 1968.
I. Compliance. Compliance with Section 3 of the Housing and Urban Development Act of 1968, as
amended (12 U.S.C. § 1701) ("Section 3"), the regulations set forth in 24 CFR Part 135, and all
applicable rules and orders issued thereunder prior to the execution of this Agreement, shall be a
condition of the Federal financial assistance provided under this Agreement and shall be binding
upon City, Subrecipient and any of Subrecipient's subrecipients and/or subcontractors. Failure to
fulfill these requirements shall subject City, Subrecipient and any of Subrecipient's subrecipients
and subcontractors, their successors and assigns, to those sanctions specified by the Agreement
through which Federal assistance is provided. Subrecipient certifies and agrees that no contractual or
other disability exists that would prevent compliance with these requirements.
2. Subcontract language. Subrecipient further agrees to include the following language in all
subcontracts executed under this Agreement: "The work to be performed under this Agreement is a
project assisted under a program providing direct Federal financial assistance from HUD and is
subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as
amended (12 U.S.C. 5 1701). Section 3 requires that to the greatest extent feasible opportunities for
training and employment be given to low and very low income residents of the project area and
Agreements for work in connection with the project be awarded to business concerns that provide
economic opportunities for low and very low income persons residing in the metropolitan area in
which the project is located."
PY12 SUBRECIPIENT AGREEIVIEN"C- MERIDIAN FOOD BANK PAGE 7 OF 13
3. Employment of low- and very -low-income persons. Subrecipient further agrees to ensure that
opportunities for training and employment arising in connections with a housing rehabilitation
(including reduction and abatement of lead-based paint hazards), housing construction, or other
public construction projects are given to low and very -low income person residing within the
metropolitan area in which the CDBG-funded project is located; where feasible, priority should be
given to low and very low income persons within the service area of the project or the neighborhood
in which the project is located, and to low and very low income participants in other HUD programs;
and award contracts for work undertaken in connection with a housing rehabilitation (including
reduction and abatement of lead-based paint hazards), housing construction, or other public
construction project are given to business concerns that provide economic opportunities for low and
very low income persons residing within the metropolitan area in which the CDBG-ftinded project is
located; where feasible, priority should be given to business concerns which provide economic
opportunities to low and very low income residents within the service area of the neighborhood in
which the project is located, and to low and very low income participants in other HUD programs.
Subrecipient certifies and agrees that no contractual or other legal incapacity exists that would
prevent compliance with these requirements.
4. Notifications. Subrecipient agrees to send to each labor organization or representative of workers
with which it has a collective bargaining agreement or other contract or understanding, if any, a
notice advising said labor organization or worker's representative of its commitments under this
Section 3 clause and shall post copies of the notice in conspicuous places available to employees and
applicants for employment or training.
5. Subcontracts. Subrecipient will include this Section 3 clause in every subcontract and will take
appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of
regulations issued by the grantor agency. Subrecipient will not subcontract with any entity where it
has notice or knowledge that the latter has been found in violation of regulations under 24 CFR Part
135 and will not let any subcontract unless the entity has first provided it with a preliminary
statement of ability to comply with the requirements of these regulations.
I. Conflicts of Interest. Subrecipient agrees to abide by the provisions of 24 CFR §§ 84.42 and
570,611m, which include, but are not limited to, the following:
1. Code of Conduct. Subrecipient shall maintain a written code or standards of conduct that shall
govern the performance of its officers, employees or agents engaged in the award and administration
of Agreements supported by Federal fiends.
2. Contract selection. No employee, officer or agent of the Subrecipient shall participate in the
selection, or in the award, or administration of, a contract supported by Federal fiends if a conflict of
interest, real or apparent, would be involved.
3. Self-interested contracts and nepotism. No persons who exercises or have exercised any functions
or responsibilities with respect to CDBG-assisted activities, or who are in a position to participate in
a decision-making process or gain inside information with regard to such activities, may obtain a
financial interest in any Agreement, or have a financial interest in any contract, subcontract, or
agreement with respect to the CDBG-assisted activity, either for themselves or those with who they
have business or immediate family ties, during their tenure or for a period of one (1) year thereafter.
For purposes of this paragraph, a "covered person" includes any person who is an employee, agent,
consultant, officer, or elected or appointed official of City, the Subrecipient, or any designated public
agency.
PY12 SUBRECIPIENT AGREEMENT -MERIDIAN FOOD BANK PAGE 8 OF 13
J. Lobbying. The following certification is a material representation of fact upon which reliance was
placed when this transaction was made or entered into. Submission of this certification is a prerequisite
for making or entering into this transaction imposed by section 1352, title 31, U.S.C. Subrecipient
hereby certifies that:
1. No Federal appropriated fluids have been paid or will be paid, by or on behalf of it, to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress,
an officer or employee of Congress, or an employee of a Member of Congress in connection with the
awarding of any Federal Agreement, the making of any Federal grant, the making of any Federal
loan, the entering into of any cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any Federal Agreement, grant, loan, or cooperative agreement;
2. If any fields other than Federal appropriated finds have been paid or will be paid to any person for
influencing attempting to influence an officer or employee of any agency, a Member of Congress, an
officer or employee of Congress, or an employee of a Member of Congress in connection with this
Federal Agreement, grant, loan, or cooperative agreement, it will complete and submit Standard
Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions;
3. Subrecipient will require that the following language be included in the award documents for all sub -
awards at all tiers (including subcontracts, sub -grants, and contracts under grants, loans, and
cooperative agreements) and that all subrecipients shall certify and disclose accordingly: "This
certification is a material representation of fact upon which reliance was placed when this transaction
was made or entered into. Submission of this certification is a prerequisite for making or entering
into this transaction imposed by 31 U.S.C. S 1352. Any person who fails to file the required
certification shall be subject to a civil penalty of not let less that $10,000 and not more than
$100,000 for each such failure."
IV. ENVIRONMENTAL CONDITIONS
A. Air and Nater. Subrecipient specifically agrees to comply with the following regulations insofar as
they apply to the performance of this Agreement:
1. Clean Air Act, 42 U.S.C. §§ 7401, et seq.
2. Federal Water Pollution Control Act, as amended, 33 U.S.C. §§ 1251, et seq., relating to inspection,
monitoring, entry reports, and information, as well as other requirements specified in said Act, and
all regulations and guidelines issued thereunder.
3. Environmental Protection Agency (EPA) regulations pursuant to 40 C.F.R. Part 50.
B. Flood Disaster Protection. In accordance with the requirements of the Flood Disaster Protection Act of
1973 (42 U.S.C. 5 4001), Subrecipient shall assure that for activities located in an area identified by
FEMA as having special flood hazards, flood insurance under the National Flood Insurance Program is
obtained and maintained as a condition of financial assistance for acquisition or construction purposes
(including rehabilitation).
C. Lead -Based Paint. Subrecipient agrees that any construction or rehabilitation of residential structures
with assistance provided under this Agreement shall be subject to HUD Lead -Based Paint Regulations,
24 CFR Part 35, implementing Title X of the Housing and Community Development Act of 1992.
These regulations revise the CDBG lead based paint requirements under 24 CFR S 570.608. Such
regulations pertain to all CDBG-assisted housing and require that all owners, prospective owners, and
Py 12 SUBRECIPIENT AGREEMENT -MERIDIAN FOOD BANK PAGE 9 OF 13
tenants of properties constructed prior to 1978 be properly notified that such properties may include
lead-based paint. Such notification shall point out the hazards of lead-based paint and explain the
symptoms, treatment and precautions that should be taken when dealing with lead-based paint poisoning
and the advisability and availability of blood level screening for children under seven. The notice must
also point out that if lead-based paint is found on the property, abatement measures may be undertaken.
The regulations further require that, depending on the amount of Federal funds applied to a property,
paint testing, risk assessment, treatment and/or abatement may be conducted.
D. Historic Preservation. Subrecipient agrees to comply with the Historic Preservation requirements set
forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. § 470) and the
procedures set forth in 36 CFR Part 800, Advisor Council on Historic Preservation Procedures for
Protection of Properties, insofar as they apply to the performance of this Agreement. In general, this
requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of
historic properties that are fifty years or older or that are included on a Federal, state or local historic
property list.
V. GENERAL CONDITIONS
A. Notices. All notices required to be given by either of the parties hereto shall be in writing and be
deemed communicated when personally served, or mailed in the United States mail, addressed as
follows:
City of Meridian
Attn: Lori Den Hartog
CDBG Program Administrator
Meridian Food Bank
Attn: Dan Clark
Chairman, Board of Directors
33 E. Broadway Avenue 133 W. Broadway Avenue
Meridian, Idaho 83642 Meridian, Idaho 83642
Either party may change its authorized representative and/or address for the purpose of this paragraph by
giving written notice of such change to the other party in the manner herein provided.
B. Compliance with laws. Subrecipient agrees to comply with HUD regulations concerning CDBG fiends,
including, but not limited to, 24 CFR Part 570 and subpart K of such regulations. Subrecipient also
agrees to comply with all other applicable Federal, state and local laws, regulations, and policies
governing the fiends provided Linder this Agreement, except that: (1) Subrecipient does not assume the
recipient's environmental responsibilities described in 24 CFR 570.604, and (2) Subrecipient does not
assume the recipient's responsibility for initiating the review process under the provisions of 24 CFR
Part 52.
C. Copyright. Contracts of agreements for the performance of experimental developmental or research
work shall provide for the rights of the Federal Goverrunent and the recipient in any resulting invention
in accordance with 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small
Business Firms Under Government Grants Contracts and Cooperative Agreements."
D. Independent Contractor. Nothing contained in this Agreement is intended to, or shall be construed in
any manner, as creating or establishing the relationship of employer/employee between the parties.
Subrecipient shall at all times remain an independent Contractor with respect to the services to be
performed under this Agreement. City shall provide no benefits or insurance coverage whatsoever to
Subrecipient and/or to its agents.
E. Indemnity. Subrecipient, and each and all of its employees, agents, contractors, officials, officers,
servants, guests, and/or invitees, and all participants in Subrecipient's programming, shall hold
harmless, defend and indemnify City from and for all such losses, claims, actions, and/or judgments for
PY12 SUBRECIPI ENT AGREEMENT -MERIDIAN FOOD BANK PAGE 10 OF 13
damages or injury to persons or property and/or losses and expenses caused or incurred by Subrecipient
and/or its employees, agents, contractors, officials, officers, servants, guests, and/or invitees, and
participants in its programming, and other costs, including litigation costs and attorneys' fees, arising
out of, resulting from, or in connection with the performance of this Agreement by Subrecipient and/or
Subrecipient's employees, agents, contractors, subcontractors, officials, officers, servants, guests,
invitees, participants, and/or volunteers and resulting in and/or attributable to personal injury, death,
and/or damage and/or destruction to tangible or intangible property.
F. Workers' Compensation. Subrecipient shall provide Workers' Compensation Insurance coverage for
all employees involved in the performance of this Agreement.
G. Insurance and bonding. Subrecipient shall carry sufficient insurance coverage to protect Agreement
assets from loss due to theft, fraud and/or undue physical damage. Further, Subrecipient shall comply
with the bonding and insurance requirements of 24 CFR §§ 84.31 and 84.48.
H. Grantor Recognition. Subrecipient shall publically recognize the role of City in providing services
under this Agreement. In addition, Subrecipient will include a reference to the support provided herein
in all publications made possible with fiends made available under this Agreement.
Amendments. The parties hereto may amend this Agreement at any time provided that such
amendments make specific reference to this Agreement, and are executed in writing, signed by a duly
authorized representative of each party, and approved by City's governing body. Such amendments
shall not invalidate this Agreement, nor relieve or release either party from its obligations under this
Agreement. City may, in its discretion, amend this Agreement to conform with Federal, state or local
governmental guidelines, policies and available funding amounts, or for other reasons. If such
amendments result in a change in the funding, the scope of services, or schedule of the activities to be
undertaken as part of this Agreement, such modifications will be incorporated only by written
amendment signed by both parties.
J. Termination.
1. Notice of termination. Either party may terminate this Agreement by, at least 30 days before the
effective date of such termination, giving written notice to the other party of such termination and
specifying the effective date thereof.
2. Partial termination. Partial terminations of the Scope of Service as set forth herein may only be
undertaken with the prior approval of City.
3. Work completed. In the event of any termination for convenience, all finished or unfinished
documents, data, studies, surveys, maps, models, photographs, reports of other materials prepared by
Subrecipient under this Agreement shall, at the option of City, become the property of City, and
Subrecipient shall be entitled to receive just and equitable compensation for any satisfactory work
completed on such documents or materials prior to the termination.
4. Termination for convenience. hl accordance with 24 CFR § 85.44, suspension or termination of the
Agreement, in whole or in part, may occur for convenience.
5. Termination for material noncompliance. In accordance with 24 CFR S 85.43, suspension or
termination of the Agreement, in whole or in part, may occur if Subrecipient materially fails to
comply with any term of this Agreement, which shall include, but shall not be limited to, the
following:
PY12 SUBRECIPIENT AGREEMENT -MERIDIAN FOOD BANK PAGE 1 1 OF 13
a. Failure to comply with any of the rules, regulations or provisions referred to herein, or such
statutes, regulations, executive orders, and HUD guidelines, policies or directives as may become
applicable at any time;
b. Failure by Subrecipient to fulfill in a timely and proper manner its obligations under this
Agreement;
c. Ineffective or improper use of fluids provided under this Agreement; or
d. Submission by the Subrecipient to City reports that are incorrect or incomplete in any material
respect.
6. Penalty for material noncompliance. In addition to suspension or termination of this Agreement
and/or any other remedies as provided by law, upon a finding of material noncompliance, City may
declare Subrecipient ineligible for any further participation in City CDBG programming. In the
event there is probable cause to believe Subrecipient is in noncompliance with any applicable rules
or regulations, City may withhold up to fifteen (15) percent of said Agreement fiends until such time
as Subrecipient is found to be in compliance by City, or is otherwise adjudicated to be in
compliance.
K. Assignment. Subrecipient shall not assign or transfer any interest in this agreement without prior
written consent of City; provided, however, that claims for money due or to become due to Subrecipient
from City under this Agreement may be assigned to a bank, trust company, or other financial institution
without such approval. Notice of any assigmlient or transfer shall be furnished promptly to City.
L. Subcontractors.
1. City must approve. Subrecipient shall not enter into any subcontracts with any agency or
individual in the performance of this Agreement without the prior written consent of City. All
subcontracts entered into in the performance of this Agreement shall be awarded pursuant to any
applicable provisions of the City Purchasing Policy and/or local, state, or federal laws.
2. Monitoring. Subrecipient shall monitor all subcontracted services on a regular basis to assure
contract compliance. Results of monitoring efforts shall be summarized in written reports and
supported with documented evidence of follow-up actions taken to correct areas of noncompliance.
Subrecipient shall furnish and cause each of its own subrecipients or subcontractors to furnish all
information and reports required hereunder and will permit access to its books, records and accounts
by City, HUD or its agent, or other authorized Federal officials for purposes of investigation to
ascertain compliance with the rules, regulations and provisions stated herein.
3. Subcontract content. Subrecipient shall cause all provisions of this Agreement in their entirety to
be included in and made a part of any subcontract executed in the performance of this Agreement.
Specifically, without limitation, Subrecipient shall include the provisions of this Agreement
regarding Civil Rights and Affirmative Action in every subcontract or purchase order, specifically or
by reference, to ensure that such provisions will be binding upon all subcontractors.
4. Documentation. Executed copies of all subcontracts shall be forwarded to City along with
documentation concerning the selection process.
M. Relocation, real property acquisition, and one-for-one housing replacement. Subrecipient agrees
specifically, without limitation, to comply with:
1. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended
(URA), and implementing regulations at 49 CFR Part 24 and 24 CFR 570.606(b);
Py 12 SUBRECIPIEN"T AGREEMENT - MERIDIAN FOOD BANK PAGE 12 OF 13
2. The requirements of 24 CFR 570.606(c) governing the Residential Anti -displacement and
Relocation Assistance Plan tinder section 104(d) of the HCD Act; and
3. The requirements in 24 CFR 570.606(d) governing optional relocation policies.
Subrecipient shall provide relocation assistance to displaced persons as defined by 24 CFR
570.606(b)(2) that are displaced as a direct result of acquisition, rehabilitation, demolition or conversion
for a CDBG-assisted project.
N. No contractual impediments. Subrecipient certifies and agrees that no contractual or other disability
exists which would prevent compliance with these requirements.
O. Severability. If any provision of this Agreement is held invalid, the reminder of the Agreement shall
not be affected thereby and all other parts of this Agreement shall nevertheless be in full force and
effect.
P. Entire Agreement. This Agreement contains the entire agreement of the parties and supersedes any
and all other agreements or ,understandings, oral or written, whether previous to the execution hereof or
contemporaneous herewith.
Q. Non -waiver. Failure of either party to promptly enforce the strict performance of any term of this
Agreement shall not constitute a waiver or relinquish nnennt of any party's right to thereafter enforce such
term, and any right or remedy hereunder may be asserted at any time after the governing body of either
party becomes entitled to the benefit thereof, notwitli standing delay in enforcement.
R. Approval required. This Agreement shall not become effective or binding until approved by the
respective governing bodies of both City and Subrecipient.
IN WITNESS WHEREOF, the parties shall cause this Agreement to be executed by their duly
authorized officers to be effective as of the day and year first above written.
SUBRECIPIENT:
Meridian Food Bank
y: Dan Clark, Executive Director
CITY:
City of Meridian
By: Tam i,
Weerd, Mayor
STATE OF IDAHO
ss:
Countyof�._ )
I HEREBY CERTIFY that on this roti da of
y
before the undersigned, a Notary Public in the State of Idaho, personally
appeared Dan Clark, proven to me to be the person who executed the said
instrument, and acknowledged to me that such person 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,
k
Notary Public for Idaho�
Residing at i.;, y '.. Idaho
My Coaunission Expires: - c V
`-BD"U�<<sT ttest:
I
Ip
oma, 9
City of [1i
E 1DIAN*
SEAL
40 TRt
, City Clerk
Py 12 SUBRECIPIEN"r AGREEMENT—MERIDIAN FOOD BANK PAGE 13 OF 13
DATE: January 22, 2013 ITEM NUMBER: 5G
NHS Lending, Inc. Community Development Block Grant (CDBG) PY2012 Sub -recipient
Agreement
MEETING NOTES
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
SUBRECIPIENT AGREEMENT BETWEEN CITY OF MERIDIAN
AND NHS LENDING, INC.
FOR PY 2012 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
This Agreement is entered into this Z- day of _)o`rwo, , 20 by and between the City of
Meridian, a municipal corporation organized under the laws of the Atate of Idaho ("City") and NHS Lending,
Inc., a nonprofit organization organized under the laws of the state of Idaho ("Subrecipient").
WHEREAS, City is an entitlement community, and as such has applied for and received funds from the
United States Government under Title I of the Housing and Community Development Act of 1974, Public Law
93-383, i.e. Community Development Block Grant ("CDBG") funds; and
WHEREAS, Subrecipient assists families in obtaining decent, safe, and affordable housing solutions,
which activity complements the objectives of the CDBG program; and
WHEREAS, City and Subrecipient wish to enter into a cooperative agreement for the investment of
CDBG funds from Program Year 2012 (PY12);
NOW, THEREFORE, in consideration of the mutual covenants of the parties, the Parties agree as
follows:
I. SCOPE OF SERVICE
A. Activities. Subrecipient shall use City's PY12 CDBG funds in the amount of twenty-one thousand
dollars ($21,000) to provide direct homeownership assistance to help low/moderate income ("LMI")
persons purchase homes in Meridian. Specifically, Subrecipient shall undertake the following activities:
1. Subsidize mortgage principal amounts;
2. Pay any or all of the reasonable closing costs; and
3. Pay up to 50% of the down payment required by the mortgagee.
B. National Objective. Subrecipient certifies that the activities carried out City's PY12 CDBG funds
provided by City under this Agreement will meet one or more of the CDBG program's National
Objectives as defined in 24 CFR § 570.208. Specifically, Subrecipient's activities under this agreement
shall benefit LMI persons (24 CFR § 570.208(a)(2)(C)).
C. Levels of accomplishment.
1. Goals. Subrecipient shall undertake activities pursuant to this Agreement to serve two (2) Units of
Service. For the purposes of this Agreement, "Units of Service" shall be defined as households
assisted in the purchase of a home.
2. Performance measures. This project will provide direct homeownership assistance to LMI
persons. In addition to the normal administrative services required as part of this Agreement,
Subrecipient agrees to document and report on each and all of the following outcomes:
a. Number of households assisted and number of persons in each household;
b. Income level and ethnicity of persons provided housing;
c. Number of persons assisted who are first-time homebuyers and the number thereof receiving
housing counseling;
d. Number of persons receiving down payment assistance and/or closing costs; and
e. Amount of funding received by each household.
PY12 SUBRECIPIENT AGREEMENT -NHS LENDING, INC. PAGE I OF 14
D. Staffing not funded. Subrecipient agrees that no CDBG funds will be utilized for staffing.
E. Performance monitoring. City will monitor the performance of Subrecipient against goals and
performance measures as set forth herein. Performance monitoring shall include City's review of
Subrecipients' submitted documents for accuracy and completion, as well as an on-site visit from City's
CDBG Administrator to review the completeness and accuracy of records maintained. Substandard
performance as determined by City shall constitute noncompliance with this Agreement. If action to
correct such substandard performance is not taken by Subrecipient within fourteen days(14) after being
notified by City, Agreement suspension or termination procedures will be initiated.
F. Time of performance. Services of Subrecipient shall start on or before December 31, 2012 and end on
December 31, 2013. The term of this Agreement and the provisions herein shall be extended to cover
any additional time period during which Subrecipient remains in control of CDBG funds or other CDBG
assets, including program income.
G. Progress Reports. Subrecipient shall submit a regular Progress Report, in the form and content as
required by City, with every draw request. If Progress Reports are delinquent, draw requests will not be
processed until the delinquency is cured. Progress Reports must contain information on outcome -based
measurements as outlined in this Agreement.
II. ADMINISTRATIVE REQUIREMENTS
A. Uniform administrative requirements. Subrecipient shall comply with applicable uniform
administrative requirements, as described in 24 CFR § 570.506.
B. Financial Management.
1. Budget. Subrecipient agrees that it shall use City's PY12 CDBG funds in the amount of twenty-one
thousand dollars ($21,000) to provide direct homeownership assistance to LMI persons. City may
require a detailed budget breakdown, and Subrecipient shall provide such information in a timely
fashion, and in the form and content prescribed by City.
2. Supplementation of other funds. Subrecipient agrees to utilize funds available under this
Agreement to supplement, rather than supplant, funds otherwise available.
3. Accounting Standards. Subrecipient agrees to comply with 24 CFR §§ 84.21 through 84.28, and
further agrees to: adhere to the accounting principles and procedures required therein, utilize
adequate internal controls, and maintain necessary source documentation for all costs incurred.
4. Cost Principles. Subrecipient shall administer its program in conformance with OMB Circular A-
122, "Cost Principles for Non -Profit Organizations." These principles shall be applied for all costs
incurred, whether charged on a direct or indirect basis.
5. Certification of financial management system. Payments shall be contingent upon HUD's
certification of Subrecipient's financial management system in accordance with 24 CFR § 84.21.
6. Subrecipient Orientation Workshop. Subrecipient agrees to meet with City's CDBG Program
Administrator prior to submitting the first draw request to City. City will not process draw requests
unless and until Subrecipient attends this meeting.
7. Client Data. Subrecipient shall maintain client data demonstrating client eligibility for services
PY12 SUBRECIPIENT AGREEMENT -NHS LENDING, INC. PAGE 2 OF 14
provided. Such data shall include, but not be limited to: client name, address, income level or other
basis for determining eligibility, and description of service provided. Such information shall be
made available for review upon City's request.
8. Disclosures. Subrecipient understands that client information collected under this Agreement is
private and the use or disclosure of such information, when not directly connected with the
administration of City or Subrecipient's responsibilities under this Agreement, is prohibited by the
Financial Privacy Act unless written consent is obtained from such person receiving service and, in
the case of a minor, that of a responsible parent/guardian.
9. Property Records. Subrecipient shall maintain real property inventory records that clearly identify
properties purchased, improved or sold. Properties retained shall continue to meet eligibility criteria.
10. Closeout. Subrecipient's obligation to City shall not end until all closeout requirements are
completed. Activities during this closeout period shall include, but shall not be limited to: making
final payments, disposing of program assets (including the return of all unused materials, equipment,
unspent cash advances, program income balances, and accounts receivable to City), and determining
the custodianship of records. Notwithstanding the foregoing, the terms of this Agreement shall
remain in effect during any period that Subrecipient has control over CDBG funds, including
program income.
11. Audits and inspections. All Subrecipient records with respect to any matters covered by this
Agreement shall be made available to City, HUD or its agent, or other authorized federal officials, at
any time during normal business hours, as often as deemed necessary, to audit, examine, and make
excerpts or transcripts of all relevant data for purposes of investigation to ascertain compliance with
the rules, regulations and provisions stated herein. Any deficiencies noted in audit reports must be
fully repaired by Subrecipient within thirty (30) days after receipt of such report by Subrecipient.
Failure of Subrecipient to comply with the above audit requirements will constitute a violation of
this Agreement and may result in the withholding of future payments. Subrecipient hereby agrees to
have an annual agency audit conducted in accordance with current City policy concerning audits and
as applicable, OMB Circular A-133.
Sub -recipient shall comply with OMB Circular A-133, Subpart B, Section 200(a) which requires that
all non -Federal entities that expend $500,000 or more in a year have a single or program -specific
audit conducted in accordance with A-133. Sub -recipient shall be willing to allow inquires from the
City about the sub -recipient's financial statements and single audit reports. If subrecipient is subject
to this requirement, a copy of the audit report shall be provided to the City within 30 days of
completion of the audit.
C. Payment Procedures.
1. Program Income. The activities governed by this agreement are not anticipated to generate
program income as Subrecipient shall not charge its members for the service. Any change to the
activities described herein that will generate program income shall require an amendment to this
agreement.
2. Indirect Costs. Indirect costs are not eligible for CDBG funding.
3. Payment Procedures. City will pay to Subrecipient funds available under this Agreement based
upon information submitted by Subrecipient and consistent with any approved budget and City
policy concerning payments. With the exception of certain advances, payments will be made for
PY12 SUBRECIPIENT AGREEMENT -NHS LENDING, INC. PAGE 3 OF 14
eligible expenses actually incurred by Subrecipient, and not to exceed actual cash requirements.
Payments will be adjusted by City in accordance with advance fund and program income balances
available in Subrecipient's accounts. In addition, City reserves the right to liquidate funds available
under this Agreement for costs incurred by City on behalf of Subrecipient.
4. Documentation required prior to transactions. As early as practicable, and not less than two (2)
weeks prior to the completion of each transaction, Subrecipient shall provide the address of the
housing unit under consideration to City for floodplain and related environmental review. Failure to
provide the address of the housing unit under consideration in advance of the anticipated close date
may result in added expenses for the beneficiary or Subrecipient, or refusal of reimbursement by
City.
5. Draw requests. It is expressly agreed and understood that the total amount to be paid by City under
this Agreement shall not exceed $20,000. Draw downs for the payment of eligible expenses shall be
made against the activity specified, in accordance with performance and as expenses are incurred by
Subrecipient. Draw requests shall only be accepted on official City and/or HUD forms and must be
completed in full to be processed. All draw requests are to be submitted monthly, no later than
twenty-one (2 1) days after the end of the month for which reimbursement is being submitted. Draw
requests shall include the following: draw request form; progress report; beneficiary income
eligibility documentation; transaction detail, HUD -1, and related summary information; and proof of
payment by Subrecipient. Final draw under this Agreement will be submitted by Subrecipient no
later than December 20, 2013 unless otherwise agreed in writing.
6. Funds transfer. Pursuant to 24 CFR § 570.503(b)(7), upon expiration of this Agreement,
Subrecipient shall transfer to City any CDBG funds on hand at the time of expiration and any
accounts receivable attributable to the use of CDBG funds.
7. DUNS number. Subrecipient shall comply with requirements established by the Office of
Management and Budget ("OMB") concerning the Dun and Bradstreet Data Universal Numbering
System ("DUNS"), the Central Contractor Registration database, and the Federal Funding
Accountability and Transparency Act, including Appendix A to Part 25 of the Financial Assistance
Use of Universal Identifier and Central Contractor Registration, 75 Fed. Reg. 55671 (Sept. 14, 2010)
(to be codified at 2 CFR part 25) and Appendix A to Part 170 of the Requirements for Federal
Funding Accountability and Transparency Act Implementation, 75 Fed. Reg. 55663 (Sept. 14, 2010)
(to be codified at 2 CFR part 170).
D. Procurement.
1. Compliance with policies. Subrecipient shall comply with current Federal and City policies
concerning the purchase of equipment and shall maintain inventory records of all non -expendable
personal property as defined by such policy as may be procured with funds provided hereunder.
2. OMB Standards. Subrecipient shall procure all materials in accordance with the requirements of
24 CFR §§ 84.40 to 84.48.
3. Travel. Subrecipient shall obtain written approval from City prior to any travel outside the Boise
metropolitan area with funds provided under this Agreement.
E. Use and Reversion of Assets. The use and disposition of real property and equipment under the
Agreement shall be in compliance with the requirements of 24 CFR Part 84 and 24 CFR §§ 570.502
through 570.504, as applicable, which include, but are not limited to, the following:
PY12 SUBRECIPIENT AGREEMENT -NHS LENDING, INC. PAGE 4 OF 14
1. Records. Subrecipient shall maintain real property inventory records, which clearly identify
properties purchased, improved or sold.
2. National Objectives met for rive (5) years. Pursuant to 24 CFR § 570.503(b)(7)(i), real property
that is acquired or improved, in whole or in part, with funds under this Agreement in excess of
$25,000 shall be used to meet one of the CDBG National Objectives until five (5) years after
expiration of this Agreement. If the use of the CDBG-assisted real property fails to meet a CDBG
National Objective for this prescribed period of time, Subrecipient shall pay City an amount equal to
the current market value of the property, less any portion of the value attributed to expenditures of
non-CDBG funds for acquisition of or improvement to the property. Such payment shall constitute
program income to City. Subrecipient may retain real property acquired or improved under this
Agreement after the expiration of the five-year period.
3. Sale of equipment. In all cases in which equipment acquired in whole or in part with funds under
this Agreement is sold, the proceeds shall be program income, prorated to reflect the extent to that
funds received under this Agreement were used to acquire the equipment. Equipment purchased
with funds received under this Agreement but not needed by the Subrecipient for activities under this
Agreement shall be (a) transferred to City for the CDBG program or (b) retained after compensating
City an amount equal to the current fair market value of the equipment less the percentage of non-
CDBG funds used to acquire the equipment.
F. Records and reports.
Records to be maintained. In addition to specific records mentioned in this Agreement,
Subrecipient shall maintain all records that are pertinent to the activities to be funded under this
Agreement, including, but not limited to, those required by the Federal regulations specified in 24
CFR § 570.506, and:
a. Full descriptions and records of each activity undertaken;
b. Records related to activities meeting the National Objectives;
c. Records required to determine the eligibility of activities for CDBG funding;
d. Records required to document the acquisition, improvement, use or disposition of real property
acquired or improved with CDBG assistance;
e. Records documenting compliance with the fair housing and equal opportunity components of the
CDBG Program;
f. Financial records, as required by 24 CFR §§ 84.21 through 84.28 and 570.502;
g. Other records necessary to document compliance with 24 CFR Part 570, Subpart K, except that
Subrecipient does not assume City's responsibilities under 24 CFR § 570.604 and part 52.
2. Records retention. Subrecipient shall retain all records pertinent to the expenditures incurred under
this Agreement for a period of five (5) years after the termination of all activities funded under this
Agreement, defined as the date of the submission of City's final annual performance and evaluation
report to HUD. Records for non -expendable property acquired with funds under this Agreement
shall be retained for five (5) years after final disposition of such property. If, prior to the expiration
of the five-year period, any litigation, claims, audits, negotiations or other actions begin that involve
any of the records cited, such records shall be retained until completion of the actions and
resolutions of all issues, or the expiration of the five-year period, whichever occurs later.
III. EMPLOYMENT AND LABOR CONDITION REQUIREMENTS
A. Civil Rights Act. Subrecipient agrees to comply with Title VI of the Civil Rights Act of 1964 as
PY 12 SUBRECIPIENT AGREEMENT - NHS LENDING, INC. PAGE 5 OF 14
amended, Title VII of the Civil Rights Act of 1968 as amended, Section 104(b) and Section 109 of Title
I of the Housing and Community Development Act of 1974, Section 504 of the Rehabilitation Act of
1974, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive
Order 11063, the Executive Order 11246 as amended by Executive Order 11375 and 12086, and 24 CFR
570.601 and 570.602. In regard to the sale, lease, or other transfer of land acquired, cleared or improved
with assistance provided under this contract, Subrecipient shall cause or require a covenant running with
the land to be inserted in the deed or lease for such transfer, prohibiting discrimination as herein defined,
in the sale, lease or rental, or in the use or occupancy of such land, or in any improvements erected or to
be erected thereon, providing that City and the United States are beneficiaries of and entitled to enforce
such covenants. Subrecipient, in undertaking its obligation to carry out the program assisted hereunder,
agrees to take such measures as are necessary to enforce such covenant, and will not itself so
discriminate.
B. Nondiscrimination. Subrecipient agrees to comply with the non-discrimination in employment and
contracting opportunities laws, regulations, and executive orders referenced in 24 CFR § 570.607, as
revised by Executive Order 13279. The applicable non-discrimination provisions in Section 109 of the
HCDA are also applicable. Subrecipient will not discriminate against any employee or applicant for
employment or services because of race, color, creed, religion, ancestry, national origin, sex, disability
or other handicap, age, marital status or status with regard to public assistance. Subrecipient will take
affirmative action to insure that all employment practices are free from such discrimination. Such
employment practices include but are not limited to the following: hiring, upgrading, demotion,
transfer, recruitment or recruitment advertising, layoff, termination, rates of pay or other forms of
compensation, and selection for training, including apprenticeship.
C. ADA section 504. Subrecipient agrees to comply with Federal regulations pursuant to compliance with
Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 706) which prohibits discrimination against
the handicapped in any Federally -assisted program. City shall provide Subrecipient with any guidelines
necessary for compliance with that portion of the regulations in force during the term of this Agreement.
D. Affirmative Action.
1. Approved Plan. Subrecipient agrees that it shall be committed to carry out pursuant to City's
specifications an Affirmative Action Program in keeping with the principles as provided in
President's Executive Order 11246 of September 24, 1966. City shall provide Affirmative Action
guidelines to Subrecipient to assist in the formulation of such program. Subrecipient shall submit a
plan for an Affirmative Action Program for approval prior to the award of funds.
2. Women- and Minority -Owned Businesses. Subrecipient shall use its best efforts to afford small
businesses, minority business enterprises, and women's business enterprises the maximum
practicable opportunity to participate in the performance of this contract. As used in this contract, the
terms "small business" means a business that meets the criteria set forth in section 3(a) of the Small
Business Act, as amended (15 U.S.C. 632), and "minority and women's business enterprise" means
a business at least fifty-one (5 1) percent owned and controlled by minority group members or
women. For the purpose of this definition, "minority group members" are Afro-Americans, Spanish-
speaking, Spanish surnamed or Spanish -heritage Americans, Asian -Americans, and American
Indians. Subrecipient may rely on written representations by businesses regarding their status as
minority and female business enterprises in lieu of an independent investigation.
E. Notifications.
1. Notice to workers. Subrecipient will send to each labor union or representative of workers with
PY 12 SUBRECIPIENT AGREEMEN'C - NHS LENDING, INC. PAGE 6 OF 14
which it has a collective bargaining agreement or other agreement or understanding, a notice, to be
provided by the agency contracting officer, advising the labor union or workers' representative of
Subrecipient's commitments hereunder, and shall post copies of the notice in conspicuous places
available to employees and applicants for employment.
2. Solicitations for employment. Subrecipient will, in all solicitations or advertisements for
employees placed by or on behalf of Subrecipient, state that it is an Equal Opportunity or
Affirmative Action employer.
F. Prohibited Activity. Subrecipient is prohibited from using funds provided herein or personnel
employed in the administration of the program for political activities; sectarian, or religious activities;
lobbying, political patronage, and nepotism activities.
1. Political activities. Subrecipient agrees that no funds provided, nor personnel employed under this
Agreement, shall be in any way or to any extent engage in the conduct of political activities in
violation of the Hatch Act (Title V, Chapter 15, U.S.C.).
2. Religious activities. Subrecipient agrees that funds provided under this Agreement will not be
utilized for religious activities, to promote religious interests, or for the benefit of a religious
organization in accordance with the Federal regulations specified in 24 CFR § 570.2000).
G. Labor standards. Subrecipient agrees to comply with the requirements of the Secretary of Labor in
accordance with the Davis -Bacon Act as amended; the provisions of Agreement Work Hours and Safety
Standards Act; the Copeland "Anti -Kickback" Act (40 U.S.C. §§ 276a, 276c, and 327); and all other
applicable Federal, state and local laws and regulations pertaining to labor standards insofar as those acts
apply to the performance of this Agreement. Subrecipient shall maintain documentation which
demonstrates compliance with the hour and wage requirements of this part. Such documentation shall
be made available to City for review upon request. Subrecipient further agrees that all Contractors
engaged under contracts in excess of $2,000.00 for construction, renovation or repair of any building or
work financed in whole or in part with assistance provided under this Agreement shall comply with
Federal requirements pertaining to such Agreements and with the applicable requirements of the
regulations of the Department of Labor, under 29 CFR Parts 1, 3, 5 and 7 governing the payment of
wages and ratio of apprentices and trainees to journey workers; provided, that if wage rates higher than
those required under the regulations are imposed by state or local law, nothing hereunder is intended to
relieve Subrecipient of its obligation, if any, to require payment of the higher wage.
H. Section 3 of the Housing and Urban Development Act of 1968.
1. Compliance. Compliance with Section 3 of the Housing and Urban Development Act of 1968, as
amended (12 U.S.C. § 1701) ("Section 3"), the regulations set forth in 24 CFR Part 135, and all
applicable rules and orders issued thereunder prior to the execution of this Agreement, shall be a
condition of the Federal financial assistance provided under this Agreement and shall be binding
upon City, Subrecipient and any of Subrecipient's subrecipients and/or subcontractors. Failure to
fulfill these requirements shall subject City, Subrecipient and any of Subrecipient's subrecipients
and subcontractors, their successors and assigns, to those sanctions specified by the Agreement
through which Federal assistance is provided. Subrecipient certifies and agrees that no contractual or
other disability exists that would prevent compliance with these requirements.
2. Subcontract language. Subrecipient further agrees to include the following language in all
subcontracts executed under this Agreement: "The work to be performed under this Agreement is a
project assisted under a program providing direct Federal financial assistance from HUD and is
PY 12 SUBREC[PIENT AGREEMENT -NHS LEND[NG, INC. PAGE 7 OF 14
subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as
amended (12 U.S.C. § 1701). Section 3 requires that to the greatest extent feasible opportunities for
training and employment be given to low and very low income residents of the project area and
Agreements for work in connection with the project be awarded to business concerns that provide
economic opportunities for low and very low income persons residing in the metropolitan area in
which the project is located."
3. Employment of low- and very -low-income persons. Subrecipient further agrees to ensure that
opportunities for training and employment arising in connections with a housing rehabilitation
(including reduction and abatement of lead-based paint hazards), housing construction, or other
public construction projects are given to low and very -low income person residing within the
metropolitan area in which the CDBG-funded project is located; where feasible, priority should be
given to low and very low income persons within the service area of the project or the neighborhood
in which the project is located, and to low and very low income participants in other HUD programs;
and award contracts for work undertaken in connection with a housing rehabilitation (including
reduction and abatement of lead-based paint hazards), housing construction, or other public
construction project are given to business concerns that provide economic opportunities for low and
very low income persons residing within the metropolitan area in which the CDBG-funded project is
located; where feasible, priority should be given to business concerns which provide economic
opportunities to low and very low income residents within the service area of the neighborhood in
which the project is located, and to low and very low income participants in other HUD programs.
Subrecipient certifies and agrees that no contractual or other legal incapacity exists that would
prevent compliance with these requirements.
4. Notifications. Subrecipient agrees to send to each labor organization or representative of workers
with which it has a collective bargaining agreement or other contract or understanding, if any, a
notice advising said labor organization or worker's representative of its commitments under this
Section 3 clause and shall post copies of the notice in conspicuous places available to employees and
applicants for employment or training.
5. Subcontracts. Subrecipient will include this Section 3 clause in every subcontract and will take
appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of
regulations issued by the grantor agency. Subrecipient will not subcontract with any entity where it
has notice or knowledge that the latter has been found in violation of regulations under 24 CFR Part
135 and will not let any subcontract unless the entity has first provided it with a preliminary
statement of ability to comply with the requirements of these regulations.
I. Conflicts of Interest. Subrecipient agrees to abide by the provisions of 24 CFR §§ 84.42 and
570.611 in, which include, but are not limited to, the following;
1. Code of Conduct. Subrecipient shall maintain a written code or standards of conduct that shall
govern the performance of its officers, employees or agents engaged in the award and administration
of Agreements supported by Federal funds.
2. Contract selection. No employee, officer or agent of the Subrecipient shall participate in the
selection, or in the award, or administration of, a contract supported by Federal funds if a conflict of
interest, real or apparent, would be involved.
3. Self-interested contracts and nepotism. No persons who exercises or have exercised any functions
or responsibilities with respect to CDBG-assisted activities, or who are in a position to participate in
a decision-making process or gain inside information with regard to such activities, may obtain a
PY12 SUBRECIPIENT AGREEMENT -NHS LENDING, INC. PAGE 8 OF 14
financial interest in any Agreement, or have a financial interest in any contract, subcontract, or
agreement with respect to the CDBG-assisted activity, either for themselves or those with who they
have business or immediate family ties, during their tenure or for a period of one (1) year thereafter.
For purposes of this paragraph, a "covered person" includes any person who is an employee, agent,
consultant, officer, or elected or appointed official of City, the Subrecipient, or any designated public
agency.
J. Lobbying. The following certification is a material representation of fact upon which reliance was
placed when this transaction was made or entered into. Submission of this certification is a prerequisite
for making or entering into this transaction imposed by section 1352, title 31, U.S.C. Subrecipient
hereby certifies that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress,
an officer or employee of Congress, or an employee of a Member of Congress in connection with the
awarding of any Federal Agreement, the making of any Federal grant, the making of any Federal
loan, the entering into of any cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any Federal Agreement, grant, loan, or cooperative agreement;
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing attempting to influence an officer or employee of any agency, a Member of Congress, an
officer or employee of Congress, or an employee of a Member of Congress in connection with this
Federal Agreement, grant, loan, or cooperative agreement, it will complete and submit Standard
Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions;
3. Subrecipient will require that the following language be included in the award documents for all sub -
awards at all tiers (including subcontracts, sub -grants, and contracts under grants, loans, and
cooperative agreements) and that all subrecipients shall certify and disclose accordingly: "This
certification is a material representation of fact upon which reliance was placed when this transaction
was made or entered into. Submission of this certification is a prerequisite for malting or entering
into this transaction imposed by 31 U.S.C. § 1352. Any person who fails to file the required
certification shall be subject to a civil penalty of not let less that $10,000 and not more than
$100,000 for each such failure."
IV. ENVIRONMENTAL CONDITIONS
A. Air and Water. Subrecipient specifically agrees to comply with the following regulations insofar as
they apply to the performance of this Agreement:
1. Clean Air Act, 42 U.S.C. §§ 7401, et seq.
2. Federal Water Pollution Control Act, as amended, 33 U.S.C. §§ 1251, et seq., relating to inspection,
monitoring, entry reports, and information, as well as other requirements specified in said Act, and
all regulations and guidelines issued thereunder.
3. Environmental Protection Agency (EPA) regulations pursuant to 40 C.F.R. Part 50.
B. Flood Disaster Protection. In accordance with the requirements of the Flood Disaster Protection Act of
1973 (42 U.S.C. § 4001), Subrecipient shall assure that for activities located in an area identified by
FEMA as having special flood hazards, flood insurance under the National Flood Insurance Program is
obtained and maintained as a condition of financial assistance for acquisition or construction purposes
PY 12 SUBRECIPIENT AGREEMENT- NHS LENDING, INC. PAGE 9 OF 14
(including rehabilitation).
C. Lead -Based Paint. Subrecipient agrees that any construction or rehabilitation of residential structures
with assistance provided under this Agreement shall be subject to HUD Lead -Based Paint Regulations,
24 CFR Part 35, implementing Title X of the Housing and Community Development Act of 1992.
These regulations revise the CDBG lead based paint requirements under 24 CFR § 570.608. Such
regulations pertain to all CDBG-assisted housing and require that all owners, prospective owners, and
tenants of properties constructed prior to 1978 be properly notified that such properties may include
lead-based paint. Such notification shall point out the hazards of lead-based paint and explain the
symptoms, treatment and precautions that should be taken when dealing with lead-based paint poisoning
and the advisability and availability of blood level screening for children under seven. The notice must
also point out that if lead-based paint is found on the property, abatement measures may be undertaken.
The regulations further require that, depending on the amount of Federal funds applied to a property,
paint testing, risk assessment, treatment and/or abatement may be conducted.
D. Historic Preservation. Subrecipient agrees to comply with the Historic Preservation requirements set
forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. § 470) and the
procedures set forth in 36 CFR Part 800, Advisor Council on Historic Preservation Procedures for
Protection of Properties, insofar as they apply to the performance of this Agreement. In general, this
requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of
historic properties that are fifty years or older or that are included on a Federal, state or local historic
property list.
V. GENERAL CONDITIONS
A. Notices. All notices required to be given by either of the parties hereto shall be in writing and be
deemed communicated when personally served, or mailed in the United States mail, addressed as
follows:
City of Meridian NHS Lending, Inc.
Attn: Lori Den Hartog Attn: Joe Swenson
CDBG Program Administrator CEO, Neighborhood Housing Services, Inc.
33 E. Broadway Avenue 3380 W. Americana Terrace, Suite 120
Meridian, Idaho 83642 Boise, Idaho 83706
Either party may change its authorized representative and/or address for the purpose of this paragraph by
giving written notice of such change to the other party in the manner herein provided.
B. Compliance with laws. Subrecipient agrees to comply with HUD regulations concerning CDBG funds,
including, but not limited to, 24 CFR Part 570 and subpart K of such regulations. Subrecipient also
agrees to comply with all other applicable Federal, state and local laws, regulations, and policies
governing the funds provided under this Agreement, except that: (1) Subrecipient does not assume the
recipient's environmental responsibilities described in 24 CFR 570.604, and (2) Subrecipient does not
assume the recipient's responsibility for initiating the review process under the provisions of 24 CFR
Part 52.
C. Copyright. Contracts of agreements for the performance of experimental developmental or research
work shall provide for the rights of the Federal Government and the recipient in any resulting invention
in accordance with 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small
Business Firms Under Government Grants Contracts and Cooperative Agreements."
D. Independent Contractor. Nothing contained in this Agreement is intended to, or shall be construed in
any manner, as creating or establishing the relationship of employer/employee between the parties.
PY12 SUBRECIPIENT AGREEMENT -NHS LENDING, INC. PAGE 10 OF 14
Subrecipient shall at all times remain an independent Contractor with respect to the services to be
performed under this Agreement. City shall provide no benefits or insurance coverage whatsoever to
Subrecipient and/or to its agents.
E. Indemnity. Subrecipient, and each and all of its employees, agents, contractors, officials, officers,
servants, guests, and/or invitees, and all participants in Subrecipient's programming, shall hold
harmless, defend and indemnify City from and for all such losses, claims, actions, and/or judgments for
damages or injury to persons or property and/or losses and expenses caused or incurred by Subrecipient
and/or its employees, agents, contractors, officials, officers, servants, guests, and/or invitees, and
participants in its programming, and other costs, including litigation costs and attorneys' fees, arising
out of, resulting from, or in connection with the performance of this Agreement by Subrecipient and/or
Subrecipient's employees, agents, contractors, subcontractors, officials, officers, servants, guests,
invitees, participants, and/or volunteers and resulting in and/or attributable to personal injury, death,
and/or damage and/or destruction to tangible or intangible property.
F. Workers' Compensation. Subrecipient shall provide Workers' Compensation Insurance coverage for
all employees involved in the performance of this Agreement.
G. Insurance and bonding. Subrecipient shall carry sufficient insurance coverage to protect Agreement
assets from loss due to theft, fraud and/or undue physical damage. Further, Subrecipient shall comply
with the bonding and insurance requirements of 24 CFR §§ 84.31 and 84.48.
H. Grantor Recognition. Subrecipient shall publically recognize the role of City in providing services
under this Agreement. In addition, Subrecipient will include a reference to the support provided herein
in all publications made possible with funds made available under this Agreement.
I. Amendments. The parties hereto may amend this Agreement at any time provided that such
amendments make specific reference to this Agreement, and are executed in writing, signed by a duly
authorized representative of each party, and approved by City's governing body. Such amendments
shall not invalidate this Agreement, nor relieve or release either party from its obligations under this
Agreement. City may, in its discretion, amend this Agreement to conform with Federal, state or local
governmental guidelines, policies and available funding amounts, or for other reasons. If such
amendments result in a change in the funding, the scope of services, or schedule of the activities to be
undertaken as part of this Agreement, such modifications will be incorporated only by written
amendment signed by both parties.
J. Termination.
1. Notice of termination. Either party may terminate this Agreement by, at least 30 days before the
effective date of such termination, giving written notice to the other party of such termination and
specifying the effective date thereof.
2. Partial termination. Partial terminations of the Scope of Service as set forth herein may only be
undertaken with the prior approval of City.
3. Work completed. In the event of any termination for convenience, all finished or unfinished
documents, data, studies, surveys, maps, models, photographs, reports of other materials prepared by
Subrecipient under this Agreement shall, at the option of City, become the property of City, and
Subrecipient shall be entitled to receive just and equitable compensation for any satisfactory work
completed on such documents or materials prior to the termination.
PY12 SUBRECIPIENT AGREEMENT -NHS LENDING, INC. PAGE I 1 OF 14
4. Termination for convenience. In accordance with 24 CFR § 85.44, suspension or termination of the
Agreement, in whole or in part, may occur for convenience.
5. Termination for material noncompliance. In accordance with 24 CFR § 85.43, suspension or
termination of the Agreement, in whole or in part, may occur if Subrecipient materially fails to
comply with any term of this Agreement, which shall include, but shall not be limited to, the
following:
a. Failure to comply with any of the rules, regulations or provisions referred to herein, or such
statutes, regulations, executive orders, and HUD guidelines, policies or directives as may become
applicable at any time;
b. Failure by Subrecipient to fulfill in a timely and proper manner its obligations under this
Agreement;
c. Ineffective or improper use of funds provided under this Agreement; or
d. Submission by the Subrecipient to City reports that are incorrect or incomplete in any material
respect.
6. Penalty for material noncompliance. In addition to suspension or termination of this Agreement
and/or any other remedies as provided by law, upon a finding of material noncompliance, City may
declare Subrecipient ineligible for any further participation in City CDBG programming. In the
event there is probable cause to believe Subrecipient is in noncompliance with any applicable rules
or regulations, City may withhold up to fifteen (15) percent of said Agreement funds until such time
as Subrecipient is found to be in compliance by City, or is otherwise adjudicated to be in
compliance.
K. Assignment. Subrecipient shall not assign or transfer any interest in this agreement without prior
written consent of City; provided, however, that claims for money due or to become due to Subrecipient
from City under this Agreement may be assigned to a bank, trust company, or other financial institution
without such approval. Notice of any assignment or transfer shall be furnished promptly to City.
L. Subcontractors.
1. City must approve. Subrecipient shall not enter into any subcontracts with any agency or
individual in the performance of this Agreement without the prior written consent of City. All
subcontracts entered into in the performance of this Agreement shall be awarded pursuant to any
applicable provisions of the City Purchasing Policy and/or local, state, or federal laws.
2. Monitoring. Subrecipient shall monitor all subcontracted services on a regular basis to assure
contract compliance. Results of monitoring efforts shall be summarized in written reports and
supported with documented evidence of follow-up actions taken to correct areas of noncompliance.
Subrecipient shall furnish and cause each of its own subrecipients or subcontractors to furnish all
information and reports required hereunder and will permit access to its books, records and accounts
by City, HUD or its agent, or other authorized Federal officials for purposes of investigation to
ascertain compliance with the rules, regulations and provisions stated herein.
3. Subcontract content. Subrecipient shall cause all provisions of this Agreement in their entirety to
be included in and made a part of any subcontract executed in the performance of this Agreement.
Specifically, without limitation, Subrecipient shall include the provisions of this Agreement
regarding Civil Rights and Affirmative Action in every subcontract or purchase order, specifically or
by reference, to ensure that such provisions will be binding upon all subcontractors.
4. Documentation. Executed copies of all subcontracts shall be forwarded to City along with
PY12 SUBRECIPIENT AGREEMENT -NHS LENDING, INC. PAGE 12 OF 14
documentation concerning the selection process.
M. Relocation, real property acquisition, and one-for-one housing replacement. Subrecipient agrees
specifically, without limitation, to comply with:
1. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended
(URA), and implementing regulations at 49 CFR Part 24 and 24 CFR 570.606(b);
2. The requirements of 24 CFR 570.606(c) governing the Residential Anti -displacement and
Relocation Assistance Plan under section 104(d) of the HCD Act; and
3. The requirements in 24 CFR 570.606(d) governing optional relocation policies.
Subrecipient shall provide relocation assistance to displaced persons as defined by 24 CFR
570.606(b)(2) that are displaced as a direct result of acquisition, rehabilitation, demolition or conversion
for a CDBG-assisted project.
N. No contractual impediments. Subrecipient certifies and agrees that no contractual or other disability
exists which would prevent compliance with these requirements.
O. Severability. If any provision of this Agreement is held invalid, the reminder of the Agreement shall
not be affected thereby and all other parts of this Agreement shall nevertheless be in full force and
effect.
P. Entire Agreement. This Agreement contains the entire agreement of the parties and supersedes any
and all other agreements or understandings, oral or written, whether previous to the execution hereof or
contemporaneous herewith.
Q. Non -waiver. Failure of either party to promptly enforce the strict performance of any term of this
Agreement shall not constitute a waiver or relinquishment of any party's right to thereafter enforce such
term, and any right or remedy hereunder may be asserted at any time after the governing body of either
party becomes entitled to the benefit thereof, notwithstanding delay in enforcement.
R. Approval required. This Agreement shall not become effective or binding until approved by the
respective governing bodies of both City and Subrecipient.
PY 12 SUBRECIPIENT AGREEMENT - NHS LENDING, INC. PAGE 13 OF 14
IN WITNESS WHEREOF, the parties shall cause this Agreement to be executed by their duly
authorized officers to be effective as of the day and year first above written.
SUBRECIPIENT:
M1S Lending ,Inc.
,r
�y: Joe Swenson,
CEO Neighborhood Housing Services
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City of Meridian
By: Tammy(/de/vVeerd, Mayor
STATE OF IDAHO
ss:
County of Aa )
I HEREBY CERTIFY that on this day of
before the undersigned, a Notary Public in the State of Idaho; ersonally
appeared Joe Swenson, proven to me to be the person who executed the said
instrument, and acknowledged to me that such person executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
sea(,, the da land year i , this certificate first above written.
Notat ublic for Idaho F
Residing at Idaho
My Commission Expires.•
Attest:
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IDA119
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the T26�g�
City Clerk
PY 12 SUBRECIPIENT AGREEMENT — NHS LENDING, INC. PAGE 14 OF 14
Sewer Main Easement for Kendall Ford Located at 250 E Overland Rd
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
C ElkI
V,
Community Development
Department
TO: Mayor Tammy de Weerd
Members of the City Council
FROM: Steve O'Brien
DATE: 1/7113
Land Deveiopment Services
Meridian City Hall, Suite 102
33 E. Broadway Avenue
Meridian, Idaho 83642
SUBJECT: Sewer Main Easement for Kendall Ford — 250 E Overland Road
I. RECOMMENDED ACTION
A. Move to:
1. Approve a Sewer Main Easement for the City of Meridian, located on the
site of Kendall Ford - 250 E. Overland Road.
2. This easement provides the City of Meridian access to a public sewer main
installed to provide service for Kendall Ford, formerly Meridian Ford.
3. Authorize the Mayor to sign the easement, and the City Cleric to attest.
II. DEPARTMENT CONTACT PERSONS
Bruce Chatterton, Community Development Director 884-5533
Bruce Freckleton, Development Services Manager 489-0362
Steve O'Brien, Development Analyst II 489-0371
C�
Recommending
eve O'Brien, Development Analyst II
Approval
Development Services Manager
Ph: 208.887.221 1 • www.meridiancity.org • Fax 208.887.1297
Rev: 07/2012
ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00
BOISE IDAHO 0112113 11:15 AM
DEPUTY Bonnie Oberbillig III IIIIIIIIII'll'lllll'llllllll"I'11
RECORDED—REQUEST OF 113002594
Meridian City
SANITARY SEWER EASEMENT
�,�• �a�u 20t3
THIS INDENTURE made this ��, day of between
Chetwood Properties L.P., an Idaho limited partnership, the parties of the first part, and hereinafter
called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and
hereinafter called the Grantee;
WITNESSETH:
WHEREAS, the Grantors desire to provide a sanitary sewer right-of-way across the premises
and property hereinafter particularly bounded and described; and
WHEREAS, the sanitary sewer is to be provided for through an underground pipeline to be
constructed by others; and
WHEREAS, it will be necessary to maintain and service said pipeline from time to time by
the Grantee;
NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and
other good and valuable consideration, the Grantors do hereby give, grant and convey unto
the Grantee the right-of-way for an easement for the operation and maintenance of a sewer
line over and across the following described property:
(SEE ATTACHED EXHIBIT A and B)
The easement hereby granted is for the purpose of construction and operation of a sanitary
sewer line and their allied facilities, together with their maintenance, repair and replacement
at the convenience of the Grantee, with the free right of access to such facilities at any and all
times.
TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's
successors and assigns forever.
IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto,
that after making repairs or performing other maintenance, Grantee shall restore the area of
the easement and adjacent property to that existent prior to undertaking such repairs and
maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring
anything placed within the area described in this easement that was placed there in violation
of this easement.
Sewer Main Easement — Page 1
TEE GRANTORS hereby covenant and agree that they will not place or allow to be placed
any permanent structures, trees, brush, or perennial shrubs or flowers within the area
described for this easement, which would interfere with the use of said easement, for the
purposes stated herein.
THE GRANTORS hereby covenant and agree with the Grantee that should any part of the
right-of-way and easement hereby granted shall become part of, or lie within the boundaries
of any public street, then, to such extent, such right-of-way and easement hereby granted
which lies within such boundary thereof or which is a part thereof, shall cease and become
null and void and of no further effect and shall be completely relinquished.
THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and
possessed of the aforementioned and described tract of land, and that they have a good and
lawful right to convey said easement, and that they will warrant and forever defend the title
and quiet possession thereof against the lawful claims of all persons whomsoever.
[remainder of page is intentionally blank]
Sewer Main Easement — Page 2
IN WITNESS WHEREOF, the said parties ofthe first part have hereunto subscribed their signatures
the day and year first herein above written.
GRANTOR:
CHETWOOD PROPERTIES L.P.,
an Idaho limited partnership
Its: General Partner
9211 W. Pebble Brook Lane
Boise, Idaho 83703
ACKNOWLEDGMENT
STATE OF IDAHO )
)ss.
County of Ada )
On this15 � day of December, 2012, before me, the undersigned, a Notary Public in and for
..
said State, personally appeared Lawrence H. Chetwood, known or identified to me to be a General
Partner of Chetwood Properties L.P., the limited partnership that executed the within and foregoing
instrument, or the person who executed the instrument on behalf of said limited partnership, and
acknowledged to me that such limited partnership 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.
Sewer Main Easement — Page 3
ryOA5ic for Idaho
Residing at Azk Coy�4w
My commission expires: o9t.Jndl
GRANTEE: CITY OF MERIDIAN
Tammy de We Mayor
I'O'-fit TED A UC;,�c?y
4 1
l�
Xt-test by �a)cee L. Holman, City Clerk City of
E IDIANA,
Approved By City Council On: A 'A��A-'-4 or
6��r ���
�? 0,," 1h e T R t AS�4�y
STATE OF IDAHO
ss
County of Ada
On this ZZ day of n�j 0 , 20 , before me, the undersigned, a Notary Public in
and for said State, personally appeared T 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.
**ease*
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Sewer Main Easement — Page 4
CA-
4NT Y PULIC'n
BI,IC R IDAH at: A \ A.'►')
Commission Expires: i \2,yj 1-I vi L)
December 7, 2012
Page 1 of 1
EXHIBIT ►►A►►
Sanitary Sewer Main Easement
MMI
PJFA Quadrant
Consulting, Inc.
A 20.00 foot wide easement being situated in a portion of Government Lot 4, Section 18, Township
3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho being more
particularly described as follows;
Commencing at the Southwest Section corner of said Section 18; thence along the South line of
said Section 18 North 89°43'32" East 701.34 feet, thence leaving said South line North 00°45'10"
East 65.00 feet to the East Right of Way of South Country Terrace Place, thence continuing North
00'45'10" East 395.84 feet along said East Right of Way to a point on said East Right of Way and
on the West boundary line of a parcel of land described in a Warranty Deed recorded as Instrument
number 103094632, records of Ada County, thence leaving said East Right of Way and said West
boundary line South 89°14'50" East 71.61 feet to the POINT OF BEGINNING; thence
North 02° 29' 10" West 121.15 feet, thence
North 00° 18' 41" East 375.15 feet to the southerly line of an existing Sanitary Sewer Easement
recorded as Instrument number 9049401, records of Ada County, thence along said southerly line
North 67° 00'08" East 9.25 feet, thence continuing along said southerly line
North 78° 54' 17" East 11.73 feet, thence leaving said southerly line
South 00° 18' 41" West 380.64 feet, thence
South 02° 29' 10" East 120.66 feet, thence
South 87° 30'50" West 20.00 feet to the POINT OF BEGINNING;
Said easement contains approximately 9,987 square feet or 0.23 acres more or less.
1904 W. Overland a Boise, ID 83705 • Phone (208) 342-0091 < Fax (208) 342-0092 • www.quadrant.cc
Civil Engineering • Surveying
230
CERTIFICATE OF
r :7
PARTNERSHIPLIMITED
(instructions on back of ...
1. The name of the limited partnership is:
02 JUN 28 PM 3: 37
.L It I, T ur STATE
STATE DE IDAHO
Chetwood Properties L.P.
2. The name and business address of the registered agent are:
Gregory A. Byron, Thornton Byron LLP, 1101 W. River St., Suite 340, Boise, Idaho 83702
3. The name and business address of each general partner are:
Name Address
Lawrence H. Chetwood 9211 W. Pebble Brook Lane, Boise, Idaho 83703
Shirley S. Chetwood
(If more space is needed, continue in item 4.)
4. Other matters (optional):
9211 W. Pebble Brook Lane, Boise, Idaho 83703
5. Si tune of all ene I artn rs:
Lawrence H, Chetwood
0
yped Name o
Shirley S. Chetwood
Typed Name 9 S
m
a
Web Form
Typed Name
Typed Name
Secretary of State use only
JWW SECRETARY OF STATE
7/01/2082 05z@6
CKs 2334 CTs 144142 BW 474617
1 9 W.1111111 = 100.111111 LTD PTR DR #
111111111 M111111111111
DATE: January 22, / ITEM NUMBER: 51
Sewer and Water Main Easement for Idaho Central Credit Union Located at 3375 E
Ustick Rd
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
Community Development
Department
TO: Mayor Tammy de Weerd
Members of the City Council
FROM: Denny Cline
DATE: 1/10/13
Land Development Services
Meridian City Hall, Suite 102
33 E. Broadway Avenue
Meridian, Idaho 83642
SUBJECT: Sewer Main Easement for Idaho Central Credit Union — 3375 E Ustick
I. RECOMMENDED ACTION
A. Move to:
1. Approve a Sewer and Water Main Easement for the City of Meridian,
located on site of ICCU, Ustick Branch, by Relo Boise, LLC
2. This easement provides Relo Boise, LLC the ability to install and connect
water and sewer mains through their property to provide service for ICCU
3. Authorize the Mayor to sign the easement, and the City Clerk to attest.
IL DEPARTMENT CONTACT PERSONS
Bruce Chatterton, Community Development Director 884-5533
Bruce Freckleton, Development Services Manager 489-0362
Steve O'Brien, Development Analyst II 489-0371
a Recommending
Denny Cline, Development Analyst II
Approval
Development Services Manager
Ph: 208.887.2211 e www.mer diandt)Lor • Fax 208.887.1297
ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00
BOISE IDAHO 01!24113 11:15 AIS
DEPUTY Bonnie Oberbillig III I'II�IIIIIIIIII�III'IIIIII"III'��
RECORDED —REQUEST OF
Meridian City 113008593
SANITARY SEWER AND WATER MAIN EASEMENT
22 ')orlQ Z0�3
THIS INDENTURE, made this -day of between Relo Boise LLC an
Arizona limited liability company, the party of the first part and hereinafter called the Grantor, an
the City of Meridian, Ada County, Idaho, the party of the secondp art, and hereinafter called the
Grantee.
WITNESSETH:
WHEREAS, the Grantor desires to provide a sanitary sewer and water main right-of-way
g Y
across the premises and property hereinafter particularly bounded and described; and
WHEREAS, the sanitary sewer and water is to be provided for through underground
pipelines to be constructed by others; and
WHEREAS, it will be necessary to maintain and service said pipelines from time to time by
the Grantee.
NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and
other good and valuable consideration, the Grantor does hereby give, grant and convey unto
the Grantee the right-of-way for an easement for the operation and maintenance of sanitary
sewer and water mains over and across the following described property:
(SEE ATTACHED EXHIBITS A and B)
The easement hereby granted is for the purpose of construction and operation of sanitary
sewer and water mains and their allied facilities, together with their maintenance, repair and
replacement at the convenience of the Grantee, with the free right of access to such facilities
at any and all times.
TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's
successors and assigns forever.
IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto,
that after making repairs or performing other maintenance, Grantee shall restore the area of
the easement and adjacent property to that existent prior to undertaking such repairs and
maintenance. However, Grantee shall not be responsible for repairing, replacingrestoring
or g
anything placed within the area described in this easement that was placed there by the
Grantor in violation of this easement.
THE GRANTOR hereby covenants and agrees that the Grantor will not place or allow to be
placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area
described for this easement, which would interfere with the use of said easement for the
purposes stated herein.
THE GRANTOR hereby covenants and agrees with the Grantee that should anyp art of the
right-of-way and easement hereby granted shall become part of, or lie within the boundaries
of any public street, then, to such extent, such right-of-way and easement hereby granted
which lies within such boundary thereof or which is a part thereof, shall cease and become
null and void and of no further effect and shall be completely relinquished.
THE GRANTOR does hereby covenant with the Grantee that the Grantor is lawfully seized
and possessed of the aforementioned and described tract of land, and that the Grantor has a
good and lawful right to convey said easement, and that the Grantor will warrant and forever
defend the title and quiet possession thereof against the lawful claims of allp ersons
whomsoever.
IN WITNESS WHEREOF, the Grantor has hereunto subscribed its signature effective as of
the day and year first herein above written.
GRANTOR:
ReLo Boise, LLC
By.
Madan Reddy, Manager
Address: 16679 North 90th Street, Suite 101, Scottsdale, Arizona 85260
STATE OF CALIFORNIA )
SS.
COUNTY OF SAN BERNARDINO )
On December , 2012, before me,C(-X-4-leffirle-1""At'16 not ublic ersonall
p p Y
appeared Madan Reddy, who proved to me on the basis of satisfactory evidence to be the person
whose name is subscribed to the within instrument and acknowledged to me that he executed the
same in his authorized capacity, and that by his signature on the instrument the person, or the entity
upon behalf of which the person acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
CATHERINE JARAMILLO
Commission # 192.3700
_ flow. Notary Publio - California
r San Bernardino County �•
My Comm. Expires Jan 28, 2015
Place Notary Seal Above
GRANTEE: CITY OF MERIDIAN
Signature IM041
Not4y Public
00OX
GQ I
Ta `� �
mmy de erd, Mayor
City of
E k1DIAN�..r
.-; IDAHO
tO
SEAL
c' w
ti
<tte;sLtbv J ycee L. Holman, City Clerk
Approved By City Council On:
STATE OF IDAHO )
ss.
County of Ada )
On this 2 2 day v of � 20 E) before me the undersigned, a Not Public
� gn � �'y
in and for said State, personally a eared 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.
(SIAL) ,lam, M)JARY PUBLI FOR IDA
'R&
` # Residing at: r-4 d 1 c,` V�
•`. : Commission Expires: 2 a 1 �-
•. OF IDN •'
410 as
December 6, 2012
Project No. 111038
Sewer & Water Easement Description
Lot 10 Southeast Corner Marketplace
928 Square Feet
Ei
THE LAND GROUP, INC.
EXHIBIT "A"
Page 1 of 1
An easement being a part of Lot 10, Block 1, of Southeast Corner Marketplace Subdivision No. 2 (a
subdivision on file in Book 101 of Plats at pages 13337 - 13340, records of Ada County, Idaho),
situated in the Northwest One Quarter of Section 4, Township 3 North, Range 1 East, Boise
Meridian, City of Meridian, Ada County, Idaho, described as follows:
Commencing at the southwest corner of Lot 11, Block 1, of said Southwest Corner Marketplace
Subdivision No. 2, thence following the southerly line of said Lot 11, South 88°08'53"East a distance
of 226.77 feet to the southwest corner of Lot 10, Block 1, of said Southwest Corner Marketplace
Subdivision No. 2;
Thence, leaving the said southerly line, and following the westerly line of said Lot 10, North 1°51'07"
East a distance of 8.85 feet to the POINT OF BEGINNING.
Thence following the said westerly line, North 1°51'07" East a distance of 32.00 feet;
Thence leaving the said westerly line, South 88°08'53" East a distance of 29.00 feet;
Thence South 1°51'07" West a distance of 32.00 feet;
Thence North 88°08'53" West a distance of 29.00 feet to the POINT OF BEGINNING.
The above-described tract of land contains 928 square feet, more or less.
Attached hereto is Exhibit B and by this reference is made a part hereof.
o�AL NAN�
Prepared By: THE LAND GROUP, INC. �r�5ti ENSFp
462 E. SHORE DRIVE, SUITE 100
EAGLE, IDAHO 83616 a 4216,
208-939-4041
208-939-4445 (FAX) d'�. o
qTE OF 0
aELx.'
!2•&• 2ot2.
r
Site Planning a Landscape Architecture a Civil Engineering m Golf Course lrrrgation & Engineering o Graphic Communication o Surveying
462 E. Shore Drive, Ste. 100, Eagle, Idaho 83616 a P 208.939.4041 F 203.939.4445 a www.thelandgrouninc.com
9A2011\111038\admin\lepls\l 121206 lot 10 sewer & water easement 111038.doc
Situated in the NW 1/4 of Section 4,
Township 3 North, Range 1 East, B.M.
City of Meridian, Ada County, Idaho
2012
Lot 10
Lot 9
CALCULATED POINT
�T£ OF �0� NEW/VACATEO EASEMENT
BL H __""�"`®�" "^ -- EXISTING LOT LINE-
OF
PROJECT INFORMATION Scale: 1" = 15
0'
" rNMUJP, INC. - ; Exhibit "S" 12/6/12
�� esq ,dam �e0ltoCtvro
$Fo -sir q ldgofkn & Englnwhy 111D38
1>m�r�ua7 Sewer & Water Easement
erg SE Corner Marketplace
Southeast Corner Marketplace
Subdivision No. 2
Block 1
EXISTING SEWER &
i '
1
'
WATER EASEMENT
'
1
1
I
'
Lot 12
I
I Lot 11
7 '
1 I
I
I '
L--------
1 I
1
i
PROPOSED NEW SEWER &
I
WATER EASEMENT
928 SQ. FTt 29.W'�
2.Q0'
u-----------------
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$
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S68'08.531 226.77
SW CORNER
8.85 N88'08 63W
LOT 11
29.00'
1
Lot 8
I
i1
EXISTING SEWER &
WATER EASEMENT
Lot 10
Lot 9
CALCULATED POINT
�T£ OF �0� NEW/VACATEO EASEMENT
BL H __""�"`®�" "^ -- EXISTING LOT LINE-
OF
PROJECT INFORMATION Scale: 1" = 15
0'
" rNMUJP, INC. - ; Exhibit "S" 12/6/12
�� esq ,dam �e0ltoCtvro
$Fo -sir q ldgofkn & Englnwhy 111D38
1>m�r�ua7 Sewer & Water Easement
erg SE Corner Marketplace
DATE: January 22, 2013 IT NUMBER: 5J
PROJECT NUMBER:
ITEM TITLE:
Sewer and Water Main Easement Modification for Idaho Central Credit Union
Located at 3375 E Ustick Rd
MEETING NOTES
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
Community Development
Department
TO: Mayor Tammy de Weerd
Members of the City Council
FROM: Denny Cline
DATE: 1/10/13
Land DevelopmentServices
Meridian City Hall, Suite 102
33 E. Broadway Avenue
Meridian, Idaho 83642
SUBJECT: Sewer Main Easement for Idaho Central Credit Union — 3375 E Ustick
I. RECOMMENDED ACTION
A. Move to:
1. Approve a Sewer and Water Main Easement for the City of Meridian,
located on site of ICCU. 3375 E Ustick Road. by ICCU.
2. This easement modifies the existing Easement, recorded as Instrument
#108076614 and provides ICCU the ability to install and connect water and
sewer mains to provide service for ICCU
3. Authorize the Mayor to sign the easement, and the City Clerk to attest.
II. DEPARTMENT CONTACT PERSONS
Bruce Chatterton, Community Development Director 884-5533
Bruce Freckleton, Development Services Manager 489-0362
Steve O'Brien, Development Analyst II 489-0371
Recommending
Denny Cline, Development Analyst II
Approval
Development Services Manager
Ph: 208.887.2211 • www_mericli n 0, y c Fax 208.887.1297
ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00
BOISE IDAHO 01!24!13 11:15 AM
DEPUTY nie
RECORDED °"REQUESTOF9 III IIIIIIIIIIIIIIIIIIIIIItIIIIIIIIIII
Meridian City 113008592
SANITARY SEWER AND WATER MAIN EASEMENT
2 2nd ) 0,qW" 2 c*�
THIS INDENTURE, made this +3th day of , between Idaho Central Credit Union
P.O. Box 2469, Pocatello, Idaho 83206, thetif theart, hereinafter called the Grantor 1'
. pares of first p
and the City of Meridian, Ada County, Idaho, the party of the secondp art, and hereinafter called the
Grantee;
WITNESSETH:
WHEREAS, the Grantors desire to provide a sanitary sewer and water main right-of-way
g y
across the premises and property hereinafter particularly bounded and described; and
WHEREAS, the sanitary sewer and water is to be provided for through underground
g
pipelines to be constructed by others; and
WHEREAS, it will be necessary to maintain and service said pipelines from time to time by
the Grantee;
NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and
other good and valuable consideration, including modification of the existing Easement,
recorded as Instrument #108076614, as shown in the attached exhibits and solely to the
extent affecting Lots 11 and 12, Block 1, of Southeast Corner Marketplace Subdivision No.
2, the Grantors do hereby give, grant and convey unto the Grantee the right-of-way for an
easement for the operation and maintenance of sanitary sewer and water mains over and
across the property described in ATTACHED EXHIBITS A and B.
The easement hereby granted is for the purpose of construction and operation of sanitary
sewer and water mains and their allied facilities, together with their maintenance, repair and
replacement at the convenience of the Grantee, with the free right of access to such facilities
at any and all times.
TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's
successors and assigns forever.
IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto,
that after making repairs or performing other maintenance, Grantee shall restore the area of
the easement and adjacent property to that existent prior to undertaking such repairs and
maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring
anything placed within the area described in this easement that was placed there in violation
of this easement.
Sanitary Sewer and Water Main Easement 2012-12-13 ICCU Ustick S -W EASMT
THE GRANTORS hereby covenant and agree that the will not lace or allow to b
Y p e placed
any permanent structures, trees, brush, or perennial shrubs or flowers within the. area
described for this easement, which would interfere with the use of said easement,, for the
purposes stated herein.
THE GRANTORS hereby covenant and agree with the Grantee that should any part of the
right-of-way and easement hereby granted shall become art of, or lie within the bound
. p arses
of any public street, then, to such extent, such right-of-way and easement hereby granted
which lies within such boundary thereof or which is a part thereof, shall cease and become
null and void and of no further effect and shall be completely relinquished.
uished.
THE GRANTORS do hereby covenant with the Grantee that they are lawfullyseized and
possessed of the aforementioned and described tract of land, and that the have good and
Y a
lawful right to convey said easement, and that they will warrant and forever defend the title
and quiet possession thereof against the lawful claims of all persons whomsoever.
IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their
signatures the day and year first herein above written.
GRANTOR: Idaho Central Credit Union
Kent ram, President
STATE OF IDAHO)
. ss.
County of Ada )
�St.-'**11) bustee Woo stenhulme
On this da of Oe- C ?'M 1�0 e r' •y, 20 ,before me, the undersigned, a Notary
Public in and for said State, personally appeared v ol VIV\ and
J) -.W o6t'55�r�g A I v-vxv,, known or identified to me to be the President and
Secretary, respectively, of the corporation that executed the within instrument, and
acknowledged to me that such corporation executed the same.-
IN
ame.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year fist above written.
;�JJo ioy�s
0
06 Y 2
to p
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Sanitary 5eJ10 �O Easement
NOTARY P LIC FOR IDAHO
Residing at: 13h PS, leXP
Commission Expires: � 'Z, a �
2012-12-13 ICCU Ustick S -W EASMT
GRANTEE: CITY OF MERIDIAN
Tammy d erd, Mayor
1 n
I
o�
ttest UJaycee L. Holman, City Cler
Approved By City Council On:
STATE OF IDAHO)
. ss.
County of Ada )
City of
E IDIAl�T�--�
`A O!
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��111 yeti
of Ike TRF�SU4`
On this 2 2 day of o.n� 0�,,, 201� before me, the undersigned, a Notary Public
in and for said State, personally appec4ed 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.
00 ww•wr
(SEAI)f' r ; 0 `�C3'` TARY P LIC F IDAHO
Residing at: kap l
0 Ell
4Coo Commission Expires: zl 2 0 L'
0
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r +
IDAW
10000
Sanitary Sewer and Water Main Easement 2012-12-13_ICCU_Ustick_S-W EASMT
THF LAND GROUP, INC.
December 6, 2012
Project No. 111038
Sewer & Water Easement Description
Lot 11 Southeast Corner Marketplace
6,997 Square Feet
An easement being a part of Lot 11, Block 1, of Southeast Corner Marketplace Subdivision No. 2 (a
subdivision on file in Book 101 of Plats at pages 13337 - 13340, records of Ada County, Idaho),
situated in the Northwest One Quarter of Section 4, Township 3 North, Range 1 East, Boise
Meridian, City of Meridian, Ada County, Idaho, described as follows:
Commencing at the southwest corner of Lot 11, Block 1, of said Southwest Corner Marketplace
Subdivision No. 2, thence following the southerly line of said Lot 11, South 88°08'53" East a distance
of 55.77 feet;
Thence leaving the said southerly line, North 1°51'07"- East a distance of 8.85 feet to the POINT OF
BEGINNING. .
Thence North 1°51'07" East a distance of 74.66 feet;
Thence South 88°08'53" East a distance of 32.00 feet;
Thence South 1°51'07" West a distance of 42.66 feet;
Thence South 88008'53" East a distance of 139.00 feet to the easterly line of said Lot 11;
Thence following said easterly line, South 1°51'07" West a distance of 32.00 feet;
Thence leaving said easterly line, North 88°08'53" West a distance of 53.00 feet;
Thence South 1'51'07" West a distance of 8.00 feet;
Thence North 88°08'53" West a distance of 20.00 feet;
Thence North 1'51'07" East a distance of 8.00 feet;
Thence North 88°08'53" West a distance of 98.00 feet POINT OF BEGINNING.
The above-described tract of land contains 6,997 square feet, more or less.
Attached hereto is Exhibit B and by this reference is made a part hereof.
LANd
Prepared By: THE LAND GROUP, INC.�5' ��CENsF _01
462 E. SHORE DRIVE, SUITE 100 0
EAGLE, IDAHO 83616 P., 14216,
208-939-4041
208-939-4445 (FAX)
k4'._80L
�141Y
Site Planning e Landscape Architecture o Civil Engineering a Golf Course irrigation & Engineering o Graphic Cornmunicrrtion ® Surveying
462 E. Shore Drive, Ste. 100, Eagle, Idaho 83616 a P 208.939.4041 F 208.939.4445 s www,thelandgroupinc.com
g:\2011\111038\acirnin\legals\I 121206 lot 1I sewer & water easement 111038.doc
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32.0
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-S-11 IOLKE ---S88108'53'E
55.77'(TIE)
SW CORNER
/ LOT 11
L1Nj
Situated in the NW 1/4 of Section 4,
Township 3 North, Range 1 East, S.M.
City of Meridian, Ada County, Idaho
2012
Southeast Corner Marketplace
Subdivision No. 2
Block 1
EXISTING SEWER &
WATER EASEMENT
Lot 12 ; Lot 11
--_-
i
I
I
II
PROJECT INFORMATION . Scale: V'= 50'
ENGINEER/SURVEYORrExhibit
PROPOSED NEW SEWER &
'
WATER EASEMENT
6,9970. FTt
111038
mA 'CH E"ftsoprtag
® 6fCa�i� Irrlp r. &£n61hm ®
&Water asemerlt
•Graphic Communlca0on`on G
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S88'08'53"E 139X0'
w 142:16))�lOFxcj�Er,
— N88'08'53'W 98.00'
1
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Lot 10
'07'E N1'5VOYE�
(TIE) 8.00' _s151'o7"w-
8.00' I _
Lot 8 N88'08'5YW
20.00' ; I I Lot 9
EXISTING SEWER &
WATER EASEMENT
n
CALCULATED POINT
NEW/VACATED EASEMENT
EXISTING LOT LINE
PROJECT INFORMATION . Scale: V'= 50'
ENGINEER/SURVEYORrExhibit
TM LAM OR" M"Londscap® Architecture
"S°
12/8/12
111038
mA 'CH E"ftsoprtag
® 6fCa�i� Irrlp r. &£n61hm ®
&Water asemerlt
•Graphic Communlca0on`on G
E; M w . z)AV-,M
rner Marketplace
1 f 1
32.nn
Title:
Scale: 1 inch = 30 feet IFile:
Date: 12-06-2012
Tract 1: 0.161 Acres: 6997 Sq Feet: Closure = n00.0000e 0.00 Feet: Precision > 1/999999: Perimeter= 507 Feet
001=n1.5107e 74,66
005=s1.5107w 32.00 009=n1,5107e 8.00
002=s88.0853e 32.00
006=n88.0853w 53.00 010=n88.0853w 98.00
003=s1.5107w 42.66
007=s1.5107w 8.00
004=s88.0853e 139.00
008=n88.0853w 20.00
DATE: January 22, 2013
M
Memorandum of Understanding Between the Meridian Speedway and the City of
Meridian Regarding a Joint Presentation of the July 4, 2013 Event for a City
Contribution Amount Not to Exceed $6,000.00 and a Meridian Speedway Contribution
Amount of $6,000.00 for a Total Not -to -Exceed Amount of $12,000.00
MEETING NOTES
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
This MEMORANDUM OF UNDERSTANDING (hereinafter "MOU") is made this Z Z
day of , f) , 2013 ("Effective Date"), by and between the City of Meridian, a municipal
corporation organized under the laws of the State of Idaho ("City"), and Hwy 16, LCC, dba Meridian
Speedway, a limited liability company organized under the laws of the State of Idaho ("Speedway").
WHEREAS, City and Speedway are mutually interested in enhancing recreational,
entertainment, and special event opportunities within the Meridian community, particularly as it relates
to the community's celebration of Independence Day;
WHEREAS, Storey Park, a public park held by the City of Meridian located on the northeast
corner of Main Street and Franklin Road in Meridian, Idaho, and the Meridian Speedway, a private
facility located at 335 S. Main Street in Meridian, Idaho, are adjacent properties, thereby producing an
opportunity for citizens to enjoy diverse recreational opportunities in one general location;
WHEREAS, City and Speedway recognize that through their cooperation, the parties' adjacent
facilities and respective efforts can be used together to provide a larger, longer, and more advantageous
event than either facility or party can provide separately;
WHEREAS, the parties intend to work in this cooperative spirit to plan, publicize, and execute
an event with activities for the public in both Storey Park and the Speedway on July 4, 2013;
WHEREAS, the parties seek by this MOU to describe the parties' respective commitments and
intentions, both to clarify such commitments and intentions as they relate to the July 4, 2013 event, and
also to prepare a framework for future cooperative events as the parties may jointly desire;
WHEREAS, City and Speedway find that it is fiscally responsible and in the best interest of
the community to sharing the costs and benefits of the July 4, 2013 event as set forth herein;
NOW, THEREFORE, in consideration of the mutual understandings herein contained, and in
consideration of the recitals above, City and Speedway agree as follows:
I. CITY'S COMMITMENTS
A. Monetary Contribution. City shall commit six thousand dollars ($6,000.00) for the purpose
of purchasing fireworks to be discharged on July 4, 2013 in the fireworks display to be
presented by Fireworks and Stage FX of America from inside the Speedway. City will remit
this amount directly to Fireworks and Stage FX of America, whose address is P.O. Box 488,
Lakeside, California 92040.
B. Public Special Event in Storey Park. City shall plan and present a special event with a
schedule of activities to be open to the public in Storey Park on July 4, 2013, from
approximately 3:00 p.m. to 10:15 p.m.
MOU BETWEEN CITY AND SPEEDWAY -JULY 4, 2013 EVENT PAGE 1 OF 4
C. Promotion of Event. City shall promote the July 4, 2013 event in its promotional materials,
including the City newsletter, City website, and banners to be placed in Storey Park. In such
materials the City will reference the activities available at the Speedway as part of such event.
D. Post -Event Review. City agrees to meet with Speedway between July 6, 2013 and November
1, 2013 in order to review the event, discuss any problems that may have arisen, and identify
possible changes for an improved joint Independence Day event on July 4, 2014.
II. SPEEDWAY'S COMMITMENTS
A. Presentation of Public Fireworks Display. Speedway will present a public fireworks display
on July 4, 2013 shortly after dark. This commitment shall include the following:
1. Speedway shall engage Fireworks and Stage FX of America to present the public fireworks
display on July 4, 2013.
2. Speedway shall contribute at least six thousand dollars ($6,000.00) to the presentation of
the public fireworks display. Speedway shall remit this amount directly to Fireworks and
Stage FX of America.
3. The public fireworks display shall be staged and executed inside the Speedway facility, but
shall include aerial fireworks that shall be visible from Storey Park.
4. The public fireworks display shall begin no earlier than 10:15pm and no later than
10:30pm.
5. Speedway shall obtain, or shall ensure that Fireworks and Stage FX of America has
obtained, all necessary permits for such display, including, but not necessarily limited to, a
City of Meridian Public Fireworks Display Permit. City shall not waive the fee for such
permit as such fee is established by state law.
B. Promotion of Event. Speedway shall promote the July 4, 2013 event in its promotional
materials, including its racing schedule, and in such materials will reference the activities
available at Storey Park as part of such event. Speedway shall not utilize the City of Meridian
logo without the express, written permission of the City of Meridian Mayor's Office.
C. Post -Event Review. Speedway agrees to meet with City between July 6, 2013 and November
1, 2013 in order to review the event, discuss any problems that may have arisen, and identify
possible changes for an improved joint Independence Day event on July 4, 2014.
III. NOTICES
Communication between City and Speedway may occur via e-mail, facsimile, or telephone. All other
notices required to be given by either of the parties hereto shall be in writing and be deemed
communicated when personally served, or mailed via U.S, mail to:
City: City of Meridian Speedway: Adam Nelson, General Mgr.
Attn: Colin Moss, MPR Meridian Speedway
33 E. Broadway Avenue 335 S. Main Street
Meridian, Idaho 83642 Meridian, Idaho 83642
MOU BETWEEN CITY AND SPEEDWAY - JULY 4, 2013 EVENT PAGE 2 OF 4
IV. ACKNOWLEDGMENTS
The parties hereto specifically acknowledge that, in consideration for the commitments set forth
herein, the following provisions shall apply:
A. Contributions cumulative. It is understood by the parties that the monetary contributions of
each party shall be separately and respectively made to Fireworks and Stage FX of America,
and that the cumulative monetary payment made to Fireworks and Stage FX of America by the
parties shall therefore total twelve thousand dollars ($12,000.00).
B. Speedway Sponsorship. It is understood that Speedway will be allowed to secure a title
sponsor for the races on July 4t", 2013 to help offset Speedway's race costs. The billing for the
event in promotional material shall read, "[Sponsor Name] Firecracker 150 with Fireworks
Presented by the City of Meridian." Due to the fact that the title sponsor will be affiliated with
the City of Meridian through the joint event, Speedway's title sponsor may not be a business
who sells alcohol or tobacco.
C. Conflict Resolution. If either party believes that the other party is not fulfilling its obligations
as established by this Agreement, the complaining party shall give written notice of its
complaint to the other party. The party receiving the complaint shall, within five (5) calendar
days, correct the situation and confirm the correction in writing, or reject the complaint,
explaining the mitigating circumstances and why a remedy cannot be achieved.
D. Assignment. Except as otherwise specifically set forth herein, City shall not assign or sublet
all or any portion of City's commitments as set forth herein or any privilege or right hereunder
without the prior written consent of Speedway. Except as otherwise specifically set forth
herein, Speedway shall not assign or sublet all or any portion of Speedway's commitments as
set forth herein or any privilege or right hereunder without the prior written consent of City.
This MOU and each and all of the terms and conditions hereof shall apply to the respective
organizations, legal representative, successors, and assigns of the parties.
E. No agency or employment. Neither Speedway nor its employees, agents, contractors,
officials, officers, servants, guests, and/or invitees shall be considered agents or employees of
City in any manner or for any purpose whatsoever.
F. Indemnification. Speedway and each and all of its employees, agents, contractors, officials,
officers, servants, guests, and/or invitees, 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 caused or incurred by Speedway or any Speedway employee,
agent, contractor, official, officer, servant, guest, and/or invitee, at or in its use of Storey Park
or any lack of maintenance or repair thereon and not caused by or arising out of the tortious
conduct of City. City makes no warranty or promise as to the condition, safety, usefulness, or
habitability of its premises.
G. Compliance with laws. In performing the scope of services required hereunder, City and
Speedway shall comply with all applicable laws, ordinances, and codes of Federal, State, and
local governments.
MOU BETWEEN CITY AND SPEEDWAY - JULY 4, 2013 EVENT PAGE 3 OF 4
H. Term of MOU. This MOU shall become effective as of the Effective Date upon execution by
both parties, and shall expire immediately upon the conclusion of the July 4, 2013 event unless
earlier terminated or extended in the manner as set forth in this MOU.
I. Termination. Grounds for termination of this MOU shall include, but shall not be limited to:
an act or omission by either party which breaches any term of the MOU; an act of nature or
other unforeseeable event which precludes or makes impossible the performance either party's
respective commitments; or a change in circumstances that renders the performance by either
party a detriment to the public health, safety, or welfare. Either party may terminate this
Agreement by providing five (5) calendar days advance written notice of intention to terminate.
Such written notice shall include a description of the circumstances providing grounds for
termination. A forty-eight (48) hour cure period shall commence upon mailing of the notice of
intention to terminate. If, upon the expiration of such cure period, cure of the breach or
circumstances providing grounds for termination has not occurred, this MOU shall
automatically terminate.
J. Construction and Severability. If any part of this MOU is held to be invalid or
unenforceable, such holding will not affect the validity or enforceability of any other part of the
MOU so long as the remainder is reasonably capable of completion.
K. Entire Agreement. This MOU contains the entire agreement of the parties and supersedes any
and all other agreements or understandings, oral or written, whether previous to the execution
hereof or contemporaneous herewith.
L. Applicable Law. This MOU and all activities occurring hereunder shall be governed by and
construed and enforced in accordance with the laws of the State of Idaho.
V. APPROVAL REQUIRED.
This MOU shall not become effective until approved by the respective governing bodies of both City
and Speedway.
IN WITNESS WHEREOF, the parties shall cause this Agreement to be executed by their
duly authorized officers to be effective as of the day and year first above written.
MERIDIAN SPEEDWAY:
BY: 1-1 &&L-7 –/
Adam elson Date
General Manager, Meridian Speedway
CITY OF MERIDIAN:
I=
T4mm
Mayor
¢SO�iPTGD AUC
0I�„T77
, t9
City of
EAti aycee llman
(��'.P� City Clerk
the TIIE� °
MOU BETWEEN CITY AND SPEEDWAY — JULY 4, 2013 EVENT PAGE 4 OF 4
•1111 1- •;
DATE: January 22, 2013 ITEM NUMBER: 5L
ITEM TITLE: CarMax
MDA 12-006 David Kleiner Property by CarMax Auto Superstores West Coast, Inc.
Located at Northwest Corner of E. Fairview Avenue and N. Venture Street Request:
Modification to the Development Agreement for the David Kleiner Property to Allow
"Vehicle Repair, Major or Minor" and "Vehicle Sales or Rental and Service" as Principal
Permitted Uses and a "Vehicle Washing Facility" as an Accessory Use Only on the
Eastern Portion of the Site. Additionally, the Requirement for Fencing to be Provided
Along the West Edge of the Street Buffer on the East Boundary of the Site Adjacent to
Venture Subdivision is Proposed to be Modified to Only Require Fencing North of E.
gyp:.
a
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
DATE:January
2013 ITEM NUMBER:
1
Mayor's Office: Mayor's Youth Advisory Council (MYAC) Update
Ca�lk
Community Item/Presentations Presenter Contact Info./Notes
OFFICECLERKS
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
ill
Ali 1 711 A11117, • •+
DATE: January 22, 2013 ITEM NUMBER: •
PROJECT
.., NUMBER: 12-014
ITEM TITLE: Tomorrow's • •
Public Hearing: AZ 12-014 Tomorrow's Hope by Thair Pond Located East Side of N.
Meridian Road and South of E. Ustick Road Request: Annexation of 6.99 Acres of Land
from RUT and R-1 in Ada County to the R-8 (Medium -Density Residential) Zoning District
MEETING NOTES
y ryryryry
A F
f W&I
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
DATE: January 22, 2013 ITEM NUMBER:•
ITEM TITLE: Tomorrow's Hope
Public Hearing: CUP 12-020 Tomorrow's Hope by Thair Pond Located East Side of N.
Meridian Road and South of E. Ustick Road Request: Conditional Use Permit Approval
to Operate a Nursing Care Facility Consisting of Two (2) Buildings on 1.9 Acres in a
Proposed R-8 Zone
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
Meridian Council1'
D s
ITEM TITLE: Chesterfield No 2
FP 12-001 Chesterfield No. 2 by Northside Management Located at South Side of W.
Pine Avenue, Midway Between N. Black Cat Road and N. Ten Mile Road Request:
Final Plat Approval of 43 Residential Lots and 7 Common Lots on 9.38 Acres in an R-8
and R-15 Zoning District
MEETING NOTES
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
ITEM TITLE: Sign Code Text Amendment
Public Hearing: ZOA 12-003 Sign Code Text Amendment by City of Meridian
Community Development Planning Division Request: Amend Sections of the City's
Current Standards for Signs
MEETING NOTES
- /�//5
C)/
e�.AIJ �)
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
L
January 22, 2013 ITEM NUMBER:
r •
Request by Matt Hart of Civil Survey Consultants for a Fee Waiver for a Rezone
Application for the Property Located at 807 N. Meridian Road
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
Planning Department
FEE WAIVER/REFUND m Checklist
Project name: Rezone of 807 N. Meridian Road
Applicant/agent: LTD, LLC (owner) represented by Matt Hart - Civil Survey Consultants, Inc. (agent)
Applicant
Requirement for Waiver, of Fee(s)
Staff
Narrative fully describing the proposed request outlining the degree of such hardship.
X
('The City Council has the authority to ivaive in whole or in part any application fee when such a fee
would resent a hardship, in accord with UDC 11 -5A -7B.
Requirement for Refund of Fee(s)
Narrative fully describing the proposed request for a refund of fees.
(Fees may only be refunded where a petition or application is withdrawn at least three (3) weeks prior
to the date of its scheduled public hearing, and then only after order by the City Council, in accord
with UDC 11 -5A -7C.
33 E. Broadway Avenue, Suite 210 Y Meridian, Idaho 83642
Phone: (208) 884-5533 ® Facsimile: (208) 888-6854 • Website: www.meridiancity.org
(Rev. 1/11/11)
Glenn K. Bennett, P.L.S. Civil Survey Consultants, Inc. (208)888-4312
President 1400 E. Watertower Street Fax 888-0323
Suite 100
Timothy A. Burgess, P.E. Meridian, Idaho 83642
Vice President
January 15, 2013
City of Meridian
Planning Department
33 E. Broadway Ave., Suite 102
Meridian, ID 83642
Re: Request for Fee Waiver - Rezone Application — 807 N. Meridian Road
To Whom It May Concern:
On behalf of the owners, (LTD, LLC) of the property located at 807 N. Meridian Road,
we would like submit a request for Fee Waiver for a proposed rezone application. Please
allow this letter to serve as the narrative outlining the request for fee waiver.
This property is adjacent to the Ada County Highway District's (ACHD's) MSC2 project
currently under construction. As part of right-of-way acquisition process, ACHD agreed
to facilitate the rezoning of the parcel. Discussions were held with the City of Meridian
Planning Department, and City's staff indicated application fees for a rezone would be
waived since the application was prompted by the roadway construction project.
Typically, the City will waive fees for ACHD in a cooperative effort between the two
government entities. ACHD explained the owners would be the applicant for the rezone,
and the City confirmed the application fees would still be waived. We've included
copies of email correspondence documenting this exchange.
The rezoning application is complete and ready to submit. Before it will be accepted by
the City for review, the issue of the application fee needs to be resolved. We respectfully
request the City waive the application fees for this application.
Thank you for your time and consideration. If you have any questions, please do not
hesitate to contact our office.
Sincerely,
CIVIL SURVEY CONSULTANTS, INC.
Matt Hart, PE
Attached: Email correspondence
Cc: LTD, LLC
From: Tammy McCarthy[mailto:Tmccarthy@achdidaho.org]
Sent: Thursday, April 19, 2012 9:17 AM
To: Matt Hart
Subject: FW: Rezones
It looks like I got my answer regarding the fees, /will talk to Denny Johnson and
let him know,
Thanks Tammy
From: Bill Parsons [mailto:bparsons@meridiancity.org]
Sent: Thursday, April 19, 2012 8:10 AM
To: Tammy McCarthy
Subject: RE: Rezones
As long as the action is due to the MSC II project, the City will not charge the rezone fees to applicants
since the rezone is pant of the ROW negotiations.
Bill Parsons, AICP
Associate City Planner
Community Development Department
33 E. Broadway Avenue
Meridian, Idaho 83642
PHONE: (208) 884-5533
FAX: (208) 888-6854
bparsons@meridiancity.org
From: Tammy McCarthy[mailto:Tmccarthy@achdidaho.org]
Sent: Wednesday, April 18, 2012 3:30 PM
To: Bill Parsons
Subject: RE: Rezones
The property owners will be the applicants, it will be in conjunction with the
project.
From: Bill Parsons [mailto:bparsons@meridiancity.org]
Sent: Wednesday, April 18, 2012 3:26 PM
To: Tammy McCarthy
Subject: RE: Rezones
If ACHD is the applicant, the City will not charge the rezone application fee.
Bill Parsons, AICP
Associate City Planner
Community Development Department
33 E. Broadway Avenue
Meridian, Idaho 83642
PHONE: (208) 884-5533
FAX: (208) 888-6854
bparsons@m eridianeity. org
From: Tammy McCarthy[mailto:Tmccarthy@achdidaho.org]
Sent: Monday, April 16, 2012 3:05 PM
To: Bill Parsons
Subject: Rezones
We are still working through some rezones with the Split Corridor pro, ject
Where do we stand with the fees associated with the rezones. There are two
properties. Civil Survey is taking care of the paperwork. One is 807 N. Meridian
Road, the other is the Legacy Church property that was previously discussed.
Please let me know what we can work out.
Thank you,
7-RWwe moral -the
Sr. Right of Way Agent
Planning and Project Management
Ada County Highway District
(208)387-6274 Direct
(208)387-6393 Fax
zvzvzv.achdidaho.orQ
"Now people treat you is their Karma; how you react is yours"
1
MWA
Community Development: Community Development Block Grant (CDBG) PY2012
Budget Amendment for a Not -to -Exceed Amount of $256,727.00
MEETING NOTES
i
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
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Title I of the Housing and Community
Development Act (Public Law 930383)
HI -00515R of 20515R
1. Name of Grantee (as shown in item 5 of Standard Form 424)
City of Meridian, Idaho
(as shown in item
33 East Broadway
Meridian, ID 83642
U.S. Department of Housing and Urban Development
Office of Community Planning and Development
Community Development Block Grant Program OMB Approval No.
2506-0193 (exp 1/31/2015)
3a. Grantee's 9 -digit Tax 3b. Grantee's DUNS Number: 4. Date use of funds may begin
ID Number: (mm/dd/yyyy):
82-6000225 028451367 �]U/UVZUIL
5a. Project/Grant No. 1 6a. Amount Approved
B -12 -MC -16-0006 1$256,727
5b. Project/Grant No. 2 1 6b. Amount Approved
5c.
6c.
Grant Agreement: This Grant Agreement between the Department of Housing and Urban Development (HUD) and the above named Grantee is made pursuant to the
authority of Title I of the Housing and Community Development Act of 1974, as amended, (42 USC 5301 et seq.). The Grantee's submissions for Title I assistance, the HUD
regulations at 24 CFR Part 570 (as now in effect and as may be amended from time to time), and this Funding Approval, including any special conditions/addendums,
constitute part of the Agreement. Subject to the provisions of this Grant Agreement, HUD will make the funding assistance specified here available to the Grantee upon
execution of the Agreement by the parties. The funding assistance specified in the Funding Approval may be used to pay costs incurred after the date specified in item 4
above provided the activities to which such costs are related are carried out in compliance with all applicable requirements. Pre -agreement costs may not be paid with
funding assistance specified here unless they are authorized in HUD regulations or approved by waiver and listed in the special conditions to the Funding Approval. The
Grantee agrees to assume all of the responsibilities for environmental review, decision making, and actions, as specified and required in regulations issued by the Secretary
pursuant to Section 104(8) of Title I and published in 24 CFR Part 58. The Grantee further acknowledges its responsibility for adherence to the Agreement by sub -recipient
entities to which it makes funding assistance hereunder available.
U.S. Department of Housing and Urban Development (By Name)
Grantee Name
HUD Accounting use Only
Tammy De Weerd
Title
Directo Co unity P anning and Development
Title
Mayor, City of Meridian
Batch TAC Program Y A Reg Area Document No. Project Number
Signature
UU,
Date (mm/ddlyyyy)
Signa
FM 176 ❑❑❑❑❑FTM
Date (mm/dd/yyyy)
1
12/18/2012
YY Project Number
Amount
9/Z-
7. Category of TIM MssistanEe_ dr this Fu ction
(check only one)
® a. Entitlement, Sec 106(b)
❑ b. State -Administered, Sec 106(d)(1)
❑ c. HUD -Administered Small Cities, Sec 106(d)(2)(B)
❑ d. Indian CDBG Programs, Sec 106(a)(1)
❑ e. Surplus Urban Renewal Funds, Sec 112(b)
❑ f. Special Purpose Grants, Sec 107
❑ g. Loan Guarantee, Sec 108
8. Special Conditions
(check one)
® None
❑ Attached
9a. Date HUD eived Submission
/ 07ified 12
10. check one
®a, Approval Funding
Approval
❑ b. Amendment
Amendment Number
. Date
9b. Date Grantee Notified
(mm/dd/yyyy) 12/18/2012
9c. Date of Start of Program Year
(mmlddlyyyy) 10/01/2012
11. Amount of Community Development
Block Grant FY (12 ) FY(
) FY ( )
a. Funds Reserved for this Grantee
256,727
Verified By
b. Funds now being Approved
256,727
form HUD -7082 (11/10)
c. Reservation to be Cancelled
Ila minus I Ib
O
iza. Amount of roan Guarantee commitment now being Approved I 12b. Name and complete Address of Public Agency
Loan Guarantee Acceptance Provisions for Designated Agencies:
The public agency hereby accepts the Grant Agreement executed by the
Department of Housing and Urban Development on the above date with
respect to the above grant number(s) as Grantee designated to receive
loan guarantee assistance, and agrees to comply with the terms and
conditions of the Agreement, applicable regulations, and other
requirements of HUD now or hereafter in effect, pertaining to the
assistance provided it.
12c. Name
FUNIC Agency
Signature
HUD Accounting use Only
Effective Date
Batch TAC Program Y A Reg Area Document No. Project Number
Category
Amount
(mmldd/yyyy) F
FM 176 ❑❑❑❑❑FTM
I
F7 J ❑
YY Project Number
Amount
YY Proiect Number
Amount
Date Entered PAS (mm/dd/yyyy) Date Entered LOCCS (mm/dd/yyyy) Batch Number Transaction Code
Entered By
Verified By
24 CFR 570
form HUD -7082 (11/10)
In addition to the conditions contained on form HUD 7082, the grantee shall comply with
requirements established by the Office of Management and Budget (OMB) concerning the Dun
and Bradstreet Data Universal Numbering System (DUNS), the Central Contractor Registration
(CCR) database, and the Federal Funding Accountability and Transparency Act, including
Appendix A to Part 25 of the Financial Assistance Use of Universal Identifier and Central
Contractor Registration, 75 Fed. Reg. 55671 (Sept. 14, 2010)(to be codified at 2 CFR part 25)
and Appendix A to Part 170 of the Requirements for Federal Funding Accountability and
Transparency Act Implementation, 75 Fed. Reg. 55663 (Sept. 14, 2010)(to be codified at 2 CFR
part 170).
Addendum to form HUD
• • r
DATE: January 22, 2013 ITEM NUMBER: 9B
1�1=1►�ir�����1
Community Development: Meridian Interchange Design Elements - Discuss a
Potential Theme for the New Meridian Interchange, as well as Bicycle and Pedestrian
Facilities, Lighting Options, Landscaping Improvements and Other Aesthetic Elements
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
January 17, 2013
MEMORANDUM
TO: Mayor Tammy de Weerd
City Council Members
CC: City Cleric
FROM: Caleb Hood, Planning Manager
Brian McClure, Associate City Planner
Tim Curns, Transportation and Utility Coordinator
RE: Meridian Interchange Design Elements
January 22, 2013 City Council Agenda Item
Staff has been working with the Meridian Interchange Task Force, Connecting Idaho Partners
and most recently the Meridian Arts Commission on the design of the new Meridian Interchange
(IC). Staff would like to present an IC concept to Council and discuss specific elements,
including: pedestrian and bicycle facilities, lighting, landscaping and other aesthetic
elements. Staff will also quickly run through the timeline for this project and the anticipated
public outreach plan. Design of the IC should be complete this fall, so ITD has requested we
send them our preferred IC concept by late February or early March. Staff would like to get
feedback from Council on the work done thus far, and then come back at least once more
before communicating our needs and wants to ITD.
Proposed Meridian Interchange Theme:
Regional interchanges and overpasses on the I-84 corridor generally serve a purely function
service — they facilitate automobile traffic. Some include special paving, upgraded fencing
barriers, or unique textures in the concrete walls, but they fail to represent the communities they
serve. Typically, there is only a cursory attempt in their construction to provide an aesthetic
which communicates a story or message.
The attached renderings for the Meridian Interchange represents an effort to create a
comprehensive thematic that reflects Idaho, the region, and Meridian through design
enhancements that address open space, the bridge structure, and landscaping improvements. The
goal of this design effort is to provide the Idaho Department of Transportation with a minimum
baseline concept that addresses all aspects of the interchange.
Community Development Department . 33 E. Broadway Avenue, Meridian, ID 83642
Phone 208-884-5533 ® Fax 208-888-6854 . www.meridiancity.org
Page 2
Other attempts to improve or upgrade new interchanges in the region have held lofty goals of
reimagining the status -quo, but have generally been overreaching and left unrealized. Falling into
this status -quo could for example be the expenditure of funds to improve fagade elements of the
bridge, and leave the large open areas surrounding areas looking like purely engineered drainage
ditches and retention ponds. Staff feels that functional needs of the interchange, such as these
stormwater management areas, can be accomplished with more thoughtful design considerations
that better reflect ITD's commitment to quality and innovation, and ultimately to their dedication
to the people of Idaho. This baseline minimal approach seeks to improve the interchange, but do
so by ensuring that all elements of the project are improved, not just isolated components.
Upgrades to this baseline design maybe added, depending upon the contributions of ITD, the
City, and other community agencies and partners.
The overall aesthetic for this particular concept is a token to the region, and more specifically to
the Snake River Birds of Prey area. Rusty brown and worn grey basalt cliffs are intended to be
reflected in the coloring and textures of the bridge, with landscaping of open space that hints
towards the natural gulley's, outcroppings, and open spaces adjoining the Snake River. On top of
the bridge deck, the design and intent is to integrate paving, landscaping, and other
improvements which continue the themes established with construction of split corridor phase 1
and other downtown improvements, into the most prominent and heavily used entry point to the
City's downtown. The final design of the bridge will ultimately determine opportunities, but it is
hoped that additional elements may be integrated into the bridge, community involvement
dependent, such as enhanced pathway designs, pedestrian lighting, and public art.
I
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VIR-rors./F.• -- r
DATE: January 22, 2013 ITEM NUMBER: 9C
,� - �Cl1 -
Public Works: Franklin Road - Ten Mile to Linder Project: Authorize the Removal of
Certain Parks Department Bid Items and Authorize the Bid Amount for the Installation
of Sewer Main, 12" Recycled Water Main, Water Main and Landscape Area Interim
Treatment Installation Project in Conjunction with the ACHD Franklin Road -Ten Mile
to Linder Road Project for a Not -to -Exceed Amount of $1,015,425.40
MEETING NOTES
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
TO: Mayor Tammy de Weerd
Members of the City Council
FROM: John Boyd
Engineering Technician II
DATE: January 18, 2013
Mayor Tammy de Weerd
City Council Mentherso
Keith Bird
Brad Hoaglun
Charles Rountree
David Zaremba
SUBJECT: AUTHOURIZE THE BID AMOUNT FOR THE FRANKLIN ROAD — TEN
MILE TO LINDER SEWER MAIN, RECYCLED WATER MAIN, WATER
MAIN AND LANDSCAPE AREA INTERIM TREATMENT
INSTALLATION PROJECT IN CONJUNCTION WITH THE ADA
COUNTY HIGHWAY DISTRICT ROAD PROJECT AT THE SAME
LOCATION FOR A NOT TO EXCEED AMOUNT OF $1,015,425.40
I. RECOMMENDED ACTION
A. Move to:
Authorize the bid amount for the Franklin Road — Ten Mile to Linder Sewer
Main, Recycled Water Main, Water Main and Landscape Area Interim Treatment
Installation Project in conjunction with the Ada County Highway District road
project at the same location for a not to exceed amount of $1,015,425.40;
II. 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
Mike Barton, Parks & Recreation Superintendent.............................................................489-0561
Steve Siddoway, Parks & Recreation Director..................................................................489-0556
1 of 3
III. DESCRIPTION
A. Proposed Project
This project will now include installation of the following utility pipelines and
interim landscaping treatment:
An 18 -inch and 8 -inch sewer trunkline extension of the trunkline installed
with the Ten Mile Road Cherry to Ustick road widening project to provide
service to those properties north and south of Franklin Road between
Linder and Ten Mile Road. These properties currently have no sewer
service available.
2. A 12" recycled water main will be extended from the 12" recycled water
main installed during the Ten Mile Road - Cherry to Ustick project to
service development properties North and South of Franklin Road.
Waterline stubs at strategic locations will be extended to serve future
developments along the Franklin Road Ten Mile to Linder corridor.
4. Rotomilled asphalt will be installed on top of a layer of drainage geotextile
material as an interim treatment between the curb/gutter and detached
sidewalk until development projects are required to install landscaping.
5. The following items came in above the Parks Department Budgeted
amount and ACHD has offered (agreed) to pay for them. They will now
remain in the project.
® 4" irrigation main
® 1 '/2" electrical conduit
® 2- 2" water meters
® 2- backflow prevention
B. Background
Bidding of the ACHD Franklin Road — Ten Mile to Linder Project was completed
on January 91h by the Ada County Highway District. The low bidder was Idaho
Sand & Gravel.
ACHD will contract with Idaho Sand & Gravel for the overall project and the sub-
contractor for the utility work for the City is Brown Construction.
IV. IMPACT
Service/Delivery pact:
This project will improve sewer capacity and delivery, water delivery, fire
protection as well as extend water, sewer and recycled water stubs to neighboring
properties for future developments.
2 of 3
2. Strategic Impact:
This project meets our mission requirements to identify 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.
3. Fiscal Impacts:
The project budget and costs are as follows:
Funding Available
Sewer Line Extensions (3590-93505) ...................................................$566,946.78
Water Line Extensions (3490 -96140) ................................................... $160,241.31
Reclaimed Water Service Lines (3590-96173) .....................................$260,624.56
Irrigation Landscape/Streetscape (5200-93406) .....................................$27,612.74
Total Project Budget ..........................$1,015,425.40
Actual Proiect Cost
Construction Bid Amount (Adjusted for parks Items Removed) .........$895,442.10
ACHDShared Cost 1..............................................................................$44,772.11
Meridian Cost of ACHD Overhead 2.....................................................$26,857.60
Contingency— 5%................................................................................... $48,353.59
Total Construction Cost.....................$1,015,425.40
Footnote descriptions below are from the ACHD/Meridian Interagency
Agreement
1. ACHD Shared Cost reimburses the DISTRICT (ACHD) up to a maximum of five percent (5%) of MERIDIAN'S
construction costs for all additional costs incurred by the DISTRICT including overhead and benefits, project
administration, compaction testing and soils work required solely for the installations, adjustments, relocations and
abandonments of the water and sewer facilities and installation of road millings.
2. Meridian Cost of ACHD Overhead is to reimburse the DISTRICT for mobilization, traffic control, flagging, detours
and weekly meetings on a prorated basis. The prorated basis for the above items will be calculated using the
percentage of MERIDIAN'S project costs as they relate to the total project construction costs.
V. LIST OF ATTACHMENTS
A. Spreadsheet of Actual Construction Cost Breakdown by Account
B. ACHD Bid Result for Idaho Sand & Gravel
C. Purchase Order Requisition (Publi orks Department)
D. Purchase Order Reauisi�n (Par enartment)
Approved for Council Agenda: AIAZT���� oi///-�-
%faff
n S-fi6jart, Engineering Manager ate
Parks Project Manager ate
3 of 3
• 1 D ` i . 10
ITEM NO.
ITEM DESCRIPTION
EST'D
QTY
UNIT
UNIT
PRICE
ITEM
TOTAL
"SEWER SYSTEM IMPROVEMENTS (3590-93505)
0501.4.1.B.1.8
GRAVITY SEWER PIPE- 8" PVC SDR -35
814
LF
$100.50
$
81,807.00
0501.4.1.B.1.18
GRAVITY SEWER PIPE- 18" PVC SDR -35
3,030
LF
$92.50
$
280,275.00
0501.4.1.6.1.12
GRAVITY SEWER PIPE -12" PVC SDR -35
152
LF
$112.00
$
17,024.00
0502.4.1.A.1.48
STANDARD 48" SANITARY SEWER MANHOLE TYPE A
1
EA
$2,500.00
$
2,500.00
0502.4.1.A.1.60
STANDARD 60" SANITARY SEWER MANHOLE TYPE B
8
EA
$6,450.00
$
67,600.00
0504.4.1.C.1
4" SEWER SERVICE CONNECTION TO MANHOLE
1
EA
$5,200.00
$
5,200.00
0504.4.1.D.1
4" TYPE B SEWER SERVICE CONNECTION
4
EA 1
$5,150.00
$
20,600.00
SP -505
"T" -TYPE CLEAN-OUT PER MERIDIAN DWG NO. S3
11
EA
T $800.00
$
8,800.00
SP -590
SANITARY SEWER INSIDE DROP SYSTEM
1
EA
$1,150.00
$
1,150.00
SP -600
SANITARY SEWER PIPE CASING BORE
20
LF
$750,00
$
15,000.00
Meridian Sewer System Improvements Project Subtotal
' $
499,956.00'
WATER SYSTEM IMPROVEMENTS (3490-96140)
0401.4.1.A.1.6
WATER MAIN PIPE - 6" C-900 PVC
97
LF
$18.30
$
1,775.10
0401.4.1.A.1.8A
WATER MAIN PIPE - 8" C-900 PVC
255
LF
$31.00
$
7,905.00
0401.4.1.A.1.12A
WATER MAIN PIPE - 12" C-900 PVC
336
LF
$32.00
$
10,752.00
0402.4.1.A.1.6
6" TAPPING VALVE
6
EA
$875.00
$
5,250.00
0402.4.1.A.1.8A
8" TAPPING VALVE
5
EA
$1,150.00
$
5,750.00
0402.4.1.A.1.12A
12" GATE VALVE
8
EA
$1,975.00
$
15,800.00
403.4.1.A.1
FIRE HYDRANT ASSEMBLY PER MERIDIAN DWG NO. W11
6
EA 1
$3,000.00
$
18,000.00
0404.4.1.A.1.A
WATER SERVICE CONNECTION 3/4"
2
EA 1
$1,400.00
$
2,800.00
SP -402A
2" BLOW -OFF ASSEMBLY PER DWG NO. W19
11
EA
$1,675.00
$
18,425.00
SP -404
ADJUST EXISTING WATER MAIN AT NEW PIPE CROSSING
4
EA
$4,000.00
$
16,000.00
2030.4.1.C.1
ADJUST EXISTING VALVE BOX TO GRADE
20
EA
$510.00
$
10,200.00
SP -409
RELOCATE EXISTING WATER METER 3/4 & 1"
1
EA
$1,000.00
$
1,000.00
SP -410
RELOCATE EXISTING WATER METER (2")
1
EA
$1,100.00
$
1,100.00
SP -411
RELOCATE EXISTING FIRE HYDRANT ASSEMBLY PER MERIDIAN DWG NO. W9
1
EA
$1,300.00
$
1,300.00
SP -412
INSTALL 12"x6" TAPPING SLEEVE
6
EA 1
$1,675.00
$
10,050.00
SP -413
INSTALL 12'x8" TAPPING SLEEVE
6
EA
$1,725.00
$
10,350.00
SP -417
12"x12" CROSS
2
EA
$1,750.00
$
3,500.00
SP -460
ABANDON FIRE HYDRANT, REMOVE VALVE, INSTALL BLIND FLANGE AND TEE
2
EA
$675.00
$
1,350.00
Meridian Water Improvements Project Subtotal: '$
141,307.10
RECLYCLED WATER SYSTEM IMPROVEMENTS (3590-96173)
0401.4.1.A.1.8B
WATER MAIN PIPE - 8" C-900 PVC (PURPLE PIPE)
636
LF
$36.75
$
23,373.00
0401.4.1.A.1.12B
WATER MAIN PIPE -12" C-900 PVC PURPLE PIPE)
4,120
LF
$36.30
$
149,556.00
0402A.1.A.1.813
8" GATE VALVE RECYCLED WATER
9
EA
$1,150.00
$
10,350.00
0402.4.1.A.1.12B
12" GATE VALVE RECYCLED WATER
6
EA
$1,975.00
$
11,850.00
0402.4.1.A.1.2
2" COMBINATION AIR VALVE
1
EA
$2,850.00
$
2,850.00
SP -402B 2" BLOW -OFF ASSEMBLY PER MERIDIAN DWG NO.W19
8
EA
$1,700.00
$
13,600.00
SP -430
2" BLOW -OFF ASSEMBLY RECYCLED WATERMAIN EXTENSION PER MERIDIAN DWG NO.W20
1 I
EA
$3,250.00
$
3,250.00
SP -601
RECYCLED WATER PIPE CASING BORE
20
LF
$750.00 1
$
15,000.00
Meridian Reclaimed Water ImprovementsProject Subtotal4
$
"' 229,829.00
INTERIM TREATMENT (PARKS) IMPROVEMENTS (5200.93406)
0401.4.1.A.1.4 WATER MAIN PIPE - 4" C-900 PVC PURPLE PIPE
4,503
LF
$15.30
SP -425
1 1/2" CONDUIT IRRIGATION
4420
LF
$3.30
SP -415 IN GROUND REDUCED PRESSURE BACKFLOW PREVENTER ASSEMBLY
2
EA
$3,100.00
SP -25003 ROTOMILLED ASPHALT
5100
SY
$3.25
$
16,575.00
2050.4.1.A.1 DRAINAGE GEOTEXTILE
5100
SY
$1.25
$
6,375.00
0404.4.1.A.1.B WATER SERVICE CONNECTION 2"
2
EA
$3,600.00
0404.4.1.A.1.0 IWATER SERVICE CONNECTION 1"
1 1
EA
$1,400.00 1
$
1,400.00
Meridian Irrigation Improvements Project Subtotal $
24,350.00
Meridian Improvements Project Total:1 $
895,442.10
ACHDREVISED
- --mvII IT IKKIbHI1U114 F1alt, ULA55 III REINFORCED
CONCRETE
122
BID SCHEDULE
CT213-07
Franklin Road, Ten Mile Road to Linder Road
$
PIPE (RCP)
ITEM NO
DESCRIPTION
QUANTITY
JUNITI
Unit Price Bid
24" GRAVITY IRRIGATION PIPE, CLASS III REINFORCED
Bid Item Total
Schedule 1: Franklin Rd, Ten Mile Rd / Linder Rd: RC0166 608019
CONCRETE PIPE (RCP) .
0201.4.1.C.1
REMOVAL OF OBSTRUCTIONS
1
LS
$
50,000.00
$
50,000.00
0201.4.1.F.1
REMOVE TREE (6"+)
2
EA
$
500.00
$
1,000.00
0202.4.1.A.1
EXCAVATION (PLAN QUANTITY)
40,000
CY
$
4.35
$
174,000.00
0206.4.1.B.1
SEEDING
0.32
AC
$
1,800.00
$
576.00
0206.4.1.F.1
EROSION BLANKET
0.32
AC
$
7,000.00
$
2,240.00
0207.4.1.A.7
STORMWATER FILTER (SAND FILTER)
5,000
SF
$
2.80
$
14,000.00
0207.4.1.D.3
OTHER STRUCTURE CONTROL
3
EA
$
3,000.00
$
9,000.00
0307.4.1.A,3
MISCELLANEOUS SURFACE RESTORATION (SOD)
1,300
SY
$
7.00
$
9,100.00
0307.4.1.A.5
MISCELLANEOUS SURFACE RESTORATION (PASTURE)
7,500
SY
$
1.00
$
7,500.00
0601.4.1.A.112
12" GRAVITY IRRIGATION PIPE, CLASS III REINFORCED
$
3,500.00
$
3,500.00
0602.4.1.A,172
STORM DRAIN MANHOLE - TYPE 72" (4' CATCH DEPTH)
CONCRETE PIPE (RCP)
1,071
LF
$
31.50
$
33,736.50
0601.4.1.A.115 15" GRAVITY IRRIGATION PIPE, CLASS III REINFORCED
22
EA
$
2,280.00
$
50,160.00
CONCRETE PIPE (RCP)
248
LF
$
34.30
$
8,506,40
0601.4.1.A.118
- --mvII IT IKKIbHI1U114 F1alt, ULA55 III REINFORCED
CONCRETE
122
LF
$
41.60
$
PIPE (RCP)
5,075.20
0601.4.1.A.124
24" GRAVITY IRRIGATION PIPE, CLASS III REINFORCED
CONCRETE PIPE (RCP) .
1,781
LF
$
46.10
$
82,104.10
0601.4.1.A.512A
12" GRAVITY IRRIGATION PIPE, CLASS C-900 PVC
540
LF
$
33.80
$
18,252.00
0601.4.1.A.518A
18" GRAVITY IRRIGATION PIPE, CLASS C-905 PVC
236
LF
$
58.30
$
13,758.80
0601.4.1.A.524A
24" GRAVITY IRRIGATION PIPE, CLASS C-905 PVC
109
LF
$
82.50
$
8,992.50
0601.4.1.A.512B
12" STORM DRAIN PIPE,CLASS C-900 PVC
380
LF
$
40.00
$
15,200.00
0601.4.1.A.512C
12" STORM DRAINPIPE, PVC
1,355
LF
$
27.75
$
37,601.25
0601.4.1.A.518B
18" STORM DRAIN PIPE, PVC
2,258
LF
$
44.50
$
100,481.00
0601.4.1.A.524B
24" STORM DRAIN PIPE, PVC
2,161
LF
1 $
59.75
$
129,119.75
0601.4.1.A.536
36" STORM DRAIN PIPE, PVC
82
LF
$
117.50
$
9,635.00
0602.4.1.A.160
STORM DRAIN MANHOLE - TYPE 60" (2' CATCH DEPTH)
1
EA
$
3,500.00
$
3,500.00
0602.4.1.A,172
STORM DRAIN MANHOLE - TYPE 72" (4' CATCH DEPTH)
1
EA
$
4,200.00
$
4,200.00
0602.4.1.E.1A
STORM DRAIN CATCH MANHOLE - 48" (2' CATCH
22
EA
$
2,280.00
$
50,160.00
0602.4.1.E.1B
GRAVITY IRRIGATION CATCH MANHOLE - 48" (2' CATCH.
DEPTH)
3
EA
$
1,800.00
$
5,400.00
0602.4.1.F.1
CATCH BASIN - TYPE I (2' CATCH DEPTH)8
EA
1 $
618.00
$
4,944.00
0602.4.1.H.1
PRECAST SEDIMENT BOX - SIZE 1000 GAL
1EEA
$
3,245.00
$
3,245.00
0602.4.1.1.1
SEDIMENT BOX/CATCH BASIN - TYPE BMP 01
25
$
4,050.00
$
101,250.00
0602.4.1.M.1A
DIVIDED IRRIGATION BOX- Size 5'x8'
1
$
7,775.00
$
7,775.00
0602.4.1.M.1 B
CONCRETE IRRIGATION BOX - SIZE Tx 3'
12
$
2,050.00
$
24,600.00
0602.4.1.MAC
CONCRETE IRRIGATION BOX - SIZE 4'x 4'
-5'x
4
$
2,000.00
$
8,000.00
0602.4.1.M.1
CONCRETE IRRIGATION BOX - SIZE 5'
51
EA
$
2,900.00
$
14,500.00
0602.4.1.M.1 E
CONCRETE IRRIGATION BOX -SIZE 10.5'x 3.1'
1
EA
$
9,900.00
$
9,900.00
0602.4.1.O.1A
IRRIGATION DITCH SIZE V WIDE x 1' DEEP
543
LF
$
5.00
$
2,715.00
0602.4.1.O.1B
IRRIGATION DITCH SIZE 2.5' WIDE x 1' DEEP
649
LF
$
5.00
$
3,245.00-
0706.4.1.A.3
6" VERTICAL CURB (NO GUTTER)
2,155
LF
$
9.50
$
20,472.50
0706.4.1.A.5
STANDARD 6" VERTICAL CURBAND GUTTER
9,514
LF
$
8.50
$
80,869.00
0706.4.1.6.1
CONCRETE VALLEY GUTTER
125
LF
$
23.50
$
2,937.50
0706.4.1.E.1
CONCRETE SIDEWALK
4,735
SY
$
25.50
$
120,742.50
0706.4.1.F.1
CONSTRUCT CONCRETE DRIVEWAY APPROACH
290
SY
$
31.50
$
9,135.00
0801.4.13.1
6" MINUS UNCRUSHED AGGREGATE BASE
47,300 TON
$
6.00
$
283,800.00
0802.4.1.B.1
CRUSHED AGGREGATE FOR BASE TYPE 1
13,350 TON
$
10.50
$
140,175.00
Any Proposal that contains omissions, erasures, or alterations not initialed may be considered unresponsive. The Bidder acknowledges, declares,
and represents that they have carefully examined all omissions, erasures, and/or alterations (collectively "modifications") to the Proposal made by
the Bidder, and approves of all such modifications and that the individual(s) initialing any such modifications has authorization to do so on behalf of
the Bidder. Any Proposal that contains additions of any kind, prices uncalled for, or that in any manner fail to conform to the published Invitation to
Bid may be considered unresponsive.
Bidder Company Name: Staker & Parson Companies dba Idaho Sand & Gravel Company
1/9/2013 ACHD - Bid Schedule BS - 1
MERIDIAN OVERHEAD COST ESTIMATE
SEWER TRUNK LINE $
2013 CALCULATIONS FROM FINAL IDAHO SAND & GRAVEL BID
ACCOUNT
ACCT
PROJECT
SHARED
OVERHEAD
SUB -TOTAL
26,857.60 CHECK
CODE
WATER $
COST (5%
COST (28%
PROJECT
SEWER
3590-93505
$ 499,956.00
$ 24,997.80
$ 14,995.52
$ 539,949.32
WATER
3490-96140
$ 141,307.10
$ 7,065.36
$ 4,238.32
$ 152,610.77
REUSE
3590-96173
$ 229,829.00
$ 11,491.45
$ 6,893.42
$ 248,213.87
IRRIGATION
5200-93406
$ 24,350.00
$ 1,217.50
$ 730.35
$ 26,297.85
$ 895,442.10
$ 44,772.11
$ 26,857.60
$ 967,071.81
MERIDIAN OVERHEAD COST ESTIMATE
SEWER TRUNK LINE $
499,956.00
WATER $
141,307.10
RECYCLED WATER $
229,829.00
IRRIGATION $
24,350.00
TOTAL MERIDIAN $ 895,442.10
ACHD TOTAL PROJECT COST $
3,514,490.00
MERIDIAN PROJECT COST $
982,124.00
PERCENTAGE (MERIDIAN/TOTAL)
28.00%
ACHD BID ITEMS SUBJECT TO SHARED,COSTS $
95,920.00
ACHD SHARED COST @ 25.00% OF ITEMS $
26,857.60 CHECK
1/17/2013
CONTINGENCY
ACHD OVERHEAD COST PRO -RATED ESTIMATE
ACCOUNT
CONSTRUCT
PERCENT
PRORATED COST
SEWER $
499,956.00
55.83%
$
14,995.52
WATER $
141,307.10
15.76%
$
4,238.32
REUSE $
229,829.00
25.67%
$
6,893.42
IRRIGATION $
24,350.00
2.72%
$
730.35
$
895,442.10
100.00%
$
26,857.60 CHECK
1/17/2013
CONTINGENCY
TOTAL
$
-
AT 5%
PROJECT
BUDGET
DIFF
$ 26,997.47
$ 566,946.78
$ 520,000.00
$ (46,946.78)
$ 7,630.54
$ 160,241.31
$ 145,000.00
$ (15,241.31)
$ 12,410.69
$ 260,624.56
$ 180,000.00
$ (80,624.56)
$ 1,314.89
$ 27,612.74
$ 68,000.00
$ 40,387.26
$ 48,353.59
$ 1,015,425.40
$ 913,000.00
$ (102,425.40)
ACHD BID ITEMS SUBJECT TO SHARED COSTS
TRAFFIC CONTROL
$
-
TRAFFIC CONT SIGNS
$
3,000.00
TRAFFIC CONT BARRICADES
$
9,500.00
TRAFFIC CONT DRUMS
$
3,200.00
ADVANCE WARNING ARROW PANEL
$
1,800.00
PORTABLE MARKERS
$
1,500.00
TRAFFIC CONTROL FLAGGERS
$
21,720.00
TRAFFIC CONTROL MAINT.
$
1,200.00
MOBILIZATION
$
54,000.00
TOTAL SHARED COST ITEMS
$
95,920.00
ny roposal that contains omissions, erasures, or alterations not initialed may be considered unresponsive. The Bidder acknowledges, declares4
and represents that they have carefully examined all omissions, erasures, and/or alterations (collectively "modifications") to the Proposal made by 136(6-2
the Bidder, and approves of all such modifications and that the individual(s) initialing any such modifications has authorization to do so on behalf of
the Bidder. Any Proposal that contains additions of any kind, prices uncalled for, or that in any manner fail to conform to the published Invitation to
Bid may be considered unresponsive.
Bidder Company Name: Staker_& Parson Companies dba Idaho Sand & Gravel Company
1/9/2013 ACHD - Bid Schedule
BS -2
ACHD
REVISED I® SCHEDULE
CT213-07
Franklin Road, Ten Mile Road to Linder Road
ITEM NO
DESCRIPTION QUANTITY
I UNITI Unit Price Bid
Bid Item Total
Schedule 1: Franklin Rd, Ten Mile Rd / Linder Rd: RC0166 508019: CONTINUED
0814.4.1.A.1
SUPERPAVE PLANT MIX PAVEMENT (SP4)
8,720 TON $
66.00
$
575,520.00
1003.4A.C.1
SILT FENCE (SWPPP ITEM)
5,400
LF
$
1.50
$
8,100.00
1006.4.1.C.1
INLET PROTECTION (SWPP ITEM)
37
EA
$
42.00
$
1007.4.1.A.1
TOPSOILING
2,800
SY
$
2.50
$
1,554.00
7,000.00-
k
1103.4.1.B.1
TRAFFIC CONTROL SIGNS
600
SF
$
5.00
$
1103.4.1.D.1
TRAFFIC CONTROL DRUMS
200
EA
$
16.00
$
3,000.00
e
1103.4.1.E.1
ADVANCE WARNING ARROW PANEL
2
EA
$
900.00
$
3,200.00
1103.4.1.H.1
PORTABLE TUBULAR MARKERS
200
EA
$
7.50
$
1,800.00
1103.4.1.1.1
TRAFFIC CONTROL FLAGGERS
1,200
MH
$
18.10
$
1,500.00
1103.4.1.J.1
TRAFFIC CONTROL MAINTENANCE
2,400
MH
$
0.50
$
21,720.00
1131.01.01
TRAFFIC SIGNAL AND ILLUMINATION SYSTEM
1,200.00
COMPLETE
1
LS
$
1,300.00
$
1,300.00
1134.03.03
STRIPING DETAIL #3 (PAINT)
9,300
LF
$
0.15
$
1,395.00
1134.03.07
STRIPING DETAIL #7 (PAINT)
930
LF
$
0.50
$
1134.03.08
STRIPING DETAIL #8 (PAINT)
660
LF
$
0.80
$
465.00
1134.03.09
STRIPING DETAIL #9 (PAINT)_gg
5,000
LF
$
0.40
$
528.00
1134.03.12
STRIPING DETAIL #12 (PAINT)
650
LF
$
0.50
$
2,000.00
1134.03.15
STRIPING DETAIL #15 (PAINT)
9,000
LF
$
0.40
$
325.00
1134.03.16
STRIPING DETAIL #16 (PAINT)
1,000
LF
$
0.40
$
3,600.00
1134.05.18
PAVEMENT MARKINGS (THERMOPLASTIC)
1,200
SF
$
9.00
$
400.00
1135.01.01
ROADSIDE TRAFFIC SIGN INSTALLATION (ONE METAL
10,800.00
POST)
46
EA
$
47.00
$
2,162.00
1135.01.06
REMOVE AND SALVAGE ROADSIDE SIGN
10
EA
$
41.00
1135.01.07
RELOCATE ROADSIDE SIGN
1
EA
$
62.00
410.00
2010.4.1.A.1
MOBILIZATION
1
LS
$
62.00
2030.4.1.A.1
ADJUST MANHOLE TO GRADE
5
EA
$
325.00
$
1,625.00
2040.4.1.A.1A
INSTALL FENCE TYPE 6' CHAIN LINK W/ BLACK VINYL
COATING
526
LF
$
22.00
$
11,572.00
2040.4.1.A.1B
FENCE, TYPE 2 MODIFIED
$
11.00
$
4,598.00
2040.4.1.A,1C
FENCE, TYPE 2
$
4.50
$
706.50
2040A.1.A.1D
FENCE, WROUGHT IRON
gM
$
30.00
$
7,440,00
2040.4.1.B.1
GATES TY 12' DOUBLE SWING WROUGHT IRON
$
295.00
$
2040.4.1.C.1
BRACES (STEEL)
$
38.00
$
1,180.00
SP -06013
STORM WATER MANAGEMENT
1
LS
$
2,000.00
$
456.00
SP -1131.01.02
CONDUIT FOR FUTURE INTERCONNECT
9,500
LF
$
3.10
$
2,000.00
SP -1131.01.07
CONDUIT FOR FUTURE LIGHTING
9,500
LF
$
2.75
$
29,450.00
SP -2000
REPAIR/MODIFY SPRINKLER SYSTEM
600
LF
$
4.75
$
26,125.00
SP -20107
TYPE III BARRICADE
20
EA
$
475.00
$
2,850.00
SP -2058
INSTALL MAILBOX
14
EA
$
205.00
$
9,500.00
2,870.00
SP -2060
CONCRETE BARRIER TYPE A
1,500
LF
$
38.00
$
57,000.00
SP -2065
CONCRETE BARRIER TYPE A TERMINAL
1
EA
$
405.00
$
SP -2070
SAND BARREL CRASH CUSHION ASSEMBLY
1
EA
$
2,300.00
405.00
SP -620
PRECAST CONCRETE HEADGATE, 12"
1
EA
$
$
2,300.00
SP -622
IRRIGATION WEIR
540.00
$
540.00
SP -661
ORIFICE RESTRICTOR ASSEMBLY
1
EA
$
8,900.00
$
8,900.00
SP -780
TACTILE WARNING PANELS (TRUNCATED DOMES)
1
2
EA
$
2,000.00
$
2,000.00
SP -802
GRAVEL REPAIR
EA
$
1,300.00
$
2,600.00
SP -810
ASPHALT REPAIR
1,825
SY
$
6.25
$
11,406.25
SSP -11101
2" DIAMETER SCHEDULE 40 PVC SIGNAL CONDUIT
310
3,000
SY 1
$
23.25
$
7,207.50
LF
$
2.05
$
6,150.00
Schedule 1 Bid Cost: $
_,,,���
A P
ny roposal that contains omissions, erasures, or alterations not initialed may be considered unresponsive. The Bidder acknowledges, declares4
and represents that they have carefully examined all omissions, erasures, and/or alterations (collectively "modifications") to the Proposal made by 136(6-2
the Bidder, and approves of all such modifications and that the individual(s) initialing any such modifications has authorization to do so on behalf of
the Bidder. Any Proposal that contains additions of any kind, prices uncalled for, or that in any manner fail to conform to the published Invitation to
Bid may be considered unresponsive.
Bidder Company Name: Staker_& Parson Companies dba Idaho Sand & Gravel Company
1/9/2013 ACHD - Bid Schedule
BS -2
ACH®
CT213-07
ITEM NO
Franklin Road, Ten Mile Road to Linder Road
DESCRIPTION
QUANTITY
REVISED BID SCHEDULE
I UNIT Unit Price Bid Bid Item Total
Schedule 2: City of Meridian Water & Sanitary Sewer System Improvements: RC0165 508019
100.50
112.00
$
81,807.00
502..A.1.48
[0504.*j4
0401.4.1.A.1.12A
WATER MAIN PIPE - 12" C-900 PVC
336
LF
$
32.00
$
502..A.1,60
0401.4.1.A.1.126
WATER MAIN PIPE - 12" C-900 PVC (PURPLE PIPE)
4,120
LF
$
36.30
2,500.00
10,752.00
0401g-Tg
TER MAIN PIPE - 4" C-900 PVC (PURPLE PIPE)
4,503
LF
$
15.30
$
149,556.00
0401TER
MAIN PIPE - 6" C-900 PVC
97
LF
$
18.30
$
68,895.90
0401TER
MAIN PIPE - 8" C-900 PVC
255
LF
$
$
$
1,775.10
0401TER
MAIN PIPE - 8" C-900 PVC (PURPLE PIPE)
636
LF
$
31.00
36.75
$
7,905.00
0402.4.1.A.GATE
VALVE
SY
$
1.25
3.25
$
$
$
23,373.00
0402.4.1.A.1.12B
12" GATE VALVE (RECYCLED WATER)
8
EA
$
1,975.00
$
15,800.00
0402.4.1.A.1.2
2" COMBINATION AIR VALVE
6
EA
$
1,975.00
$
11,850.00
0402.4.1.A.1.6
6" TAPPING VALVE
1
EA
$
2,850.00
$
2,850.00
0402.4.1.A.1.8A
8" TAPPING VALVE
6
EA
$
875.00
$
5,250.00
0402A.1.A.1.8B
8" GATE VALVE (RECYCLED WATER)
5
EA
$
1,150.00
$
5,750.00
0403.4.1.A.1
FIRE HYDRANT ASSEMBLY (PER MERIDIAN DWG NO,
9
EA
$
1,150.00
$
10,350.00
0404.4.1.A,1.A
WATER SERVICE CONNECTION (3/4")
6
EA
$
$
1,300.00
18,000.00
0404A.1.A.1.B
WATER SERVICE CONNECTION (2")
2
EA
$
$
2,800.00
0404.4.1.A.1.0
WATER SERVICE CONNECTION (1")
2
EA
$
V92.50$
10,050.00
7,200.00
0501.4.1.B.1.18
GRAVITY SEWER PIPE- 18" PVC SDR -35
1
3,030
EA
LF
$
$280,275.00
$
10,350.00
1,400.00
(1501 d 1 R 1 R(,RA\/ITV
cr_%A1=M nmc o
501.B.1.12
- VVI\ -JJ
GRAVITY SEWER PIPE- 12" PVC SDR -35
b14
152
LF
LF
$
$
100.50
112.00
$
81,807.00
502..A.1.48
[0504.*j4
STANDARD 48" SANITARY SEWER MANHOLE TYPE A
1
EA
$
2,500.00
$
17,024.00
502..A.1,60
STANDARD 60" SANITARY SEWER MANHOLE TYPE B
8
EA
$
8,450.00
$
2,500.00
.C.1
4" SEWERSERVICE CONNECTION TO MANHOLE
1
EA
$
5,200.00
$
67,600.00
0504.4.1.D.1
4" TYPE B SEWER SERVICE CONNECTION
4
EA
$
5,150.00
$
5,200.00
2030A.1.CA
ADJUST EXISTING VALVE BOX TO GRADE
20
EA
$
510.00
$
20,600.00
2050.4.1.A.1
DRAINAGE GEOTEXTILE5,100
SY
$
$
10,200.00
SP -25003
ROTOMILLED ASPHALT
5,100
SY
$
1.25
3.25
$
$
6,375.00
SP -402A
2" BLOW -OFF ASSEMBLY (PER DWG NO. W19)
11
EA
$
1,675.00
$
16,575.00
SP -402B
2" BLOW -OFF ASSEMBLY PER MERIDIAN DWG NO.W19
2
EA
$
1,700.00
18,425.00
SP -404
ADJUST EXISTING WATER MAIN AT NEW PIPE
$
3,400.00
SP -409
RELOCATE EXISTING WATER METER (3/4 & 1")
4
EA
$
4,000.00
$
16,000.00
SP -410
RELOCATE EXISTING WATER METER (2")
1
EA
$
1,000.00
$
1,000.00
SP -411
RELOCATE EXISTING FIRE HYDRANT ASSEMBLY PER
1
EA
$
1500.00
$
1,100.00
MERIDIAN DWG NO. W9
1
EA
$
1,300.00
$
1,300.00
SP -412
INSTALL 12"x6" TAPPING SLEEVE
6
EA
$
1,675.00
$
SP -413
INSTALL 12"x8" TAPPING SLEEVE
10,050.00
6
EA
$
1,725.00
$
10,350.00
SP -415
IN GROUND REDUCED PRESSURE BACKFLOW
PREVENTER ASSEMBLY
2
EA
$
3,100.00
$
6,200.00
SP -417
12"x12" CROSS
2
EA
$
1,750.00
$
3,500.00
SP -425
1 1/2" CONDUIT (IRRIGATION)
4,420
LF
$
3.30
$
14,586.00
SP -430
2" BLOW -OFF ASSEMBLY (RECYCLED WATERMAIN
EXTENSION) PER MERIDIAN DWG NO.W20
1
EA
$
3,250.00
$
3,250.00
SP -460
ABANDON FIRE HYDRANT, REMOVE VALVE, INSTALL
BLIND FLANGE AND TEE
2
EA
$
675.00
$
1,350.00
SP -505
"T" -TYPE CLEAN-OUT PER MERIDIAN DWG NO. S3
11
EA
$
800.00
$
SP -590
SANITARY SEWER INSIDE DROP SYSTEM
1
EA
$
1,150.00
8,800.00
SP -600
SANITARY SEWER PIPE CASING (BORE)
$
11150.00
SP -601
RECYCLED WATER PIPE CASING (BORE)
20
LF
$750.00
$
15,000.00
20
LF
$
750.00 1
$
15,000.00
Schedule
2 Bid Cost:
$
982 124 00
Schedules 1 and 2 Total Bid Cost: $
Any Proposal that contains omissions, erasures, or alterations not initialed may be considered unresponsive. The Bidder acknowledges, declares,
and represents that they have carefully examined all omissions, erasures, and/or alterations (collectively "modifications") to the Proposal made by
the Bidder, and approves of all such modifications and that the individual(s) initialing any such modifications has authorization to do so on behalf of
the Bidder. Any Proposal that contains additions of any kind, prices uncalled for, or that in any manner fail to conform to the published Invitation to
Bid may be considered unresponsive.
Bidder Company Name: Staker & Parson Companies dba Idaho Sand & Gravel Company
1/9/2013 ACHD - Bid Schedule
BS-�
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FRANKLIN
IDAHO SAND & GRAVEL
ACTUAL
CITY OF I PcPf)VF1fF1IT.R
ITEM NO.
ITEM DESCRIPTION
EST'D,,
QTY
UNIT
UNIT
PRICE
-
ITEM
TOTAL
SEWER SYSTEM IMPROVEMENTS (3590.93505)
0501.4.1.13.1.8
GRAVITY SEWER PIPE- 8" PVC SDR -35
814
LF
$100.50
$
81,807.00
0501.4.1.B.1.18
GRAVITY SEWER PIPE- 18" PVC SDR -35
3,030
LF
$92.50
$
280,275.00
0501.4.1.6.1.12
GRAVITY SEWER PIPE -12" PVC SDR -35
152
LF
$112.00
$
17,024.00
0502.4.1.A.1.48
STANDARD 48" SANITARY SEWER MANHOLE TYPE A
1
EA
$2,500.00
$
2,500.00
0502.4.1.A.1.60
STANDARD 60" SANITARY SEWER MANHOLE TYPE B
8
EA
$8,450.00
$
67,600.00
0504.4.1.C.1
4" SEWER SERVICE CONNECTION TO MANHOLE
1
EA
$5,200.00
$
5,200.00
0504.4,1.D.1
4" TYPE B SEWER SERVICE CONNECTION
4
EA
$5,150.00
$
20,600.00
SP -505
"T" -TYPE CLEAN-OUT PER MERIDIAN DWG NO. S3
11
EA
$800.00
$
8,800.00
SP -590
SANITARY SEWER INSIDE DROP SYSTEM
1
EA
$1,150.00
$
1,150.00
SP -600
SANITARY SEWER PIPE CASING BORE
20
LF
$750.00
$
15,000.00
Meridian Sewer System Improvements Project Subtotal: $
499,956.00
WATER SYSTEM IMPROVEMENTS (3490-96140)
0401.4.1.A.1.6
WATER MAIN PIPE - 6" C-900 PVC
97
LF
$18.30
$
1,775.10
0401.4.1.A.1.8A
WATER MAIN PIPE - 8" C-900 PVC
255
LF
$31.00
$
7,905.00
0401.4.1.A.1.12A
WATER MAIN PIPE - 12" C-900 PVC
336
LF
$32.00
$
10,752.00
0402.4.1.A.1.6
6" TAPPING VALVE
6
EA
$875.00
$
5,250.00
0402.4.1.A.1.8A
8" TAPPING VALVE
5
EA
$1,150.00
$
5,750.00
0402.4A.A.1.12A
12" GATE VALVE
8
EA
$1,975.00
$
15,800.00
403.4.1.A.1
FIRE HYDRANT ASSEMBLY (PER MERIDIAN DWG NO. W11)
6
EA 1
$3,000.00
$
18,000.00
0404.4.1.A.1.A WATER SERVICE CONNECTION (3/4")
2
EA
$1,400.00
$
2,800.00
SP -402A 2" BLOW -OFF ASSEMBLY (PER DWG NO. W19)
11
EA
$1,675.00
$
18,425.00
SP -404 ADJUST EXISTING WATER MAIN AT NEW PIPE CROSSING
4
EA
$4,000.00
$
16,000.00
2030.4,1.C.1 ADJUST EXISTING VALVE BOX TO GRADE
20
EA
$510.00
$
10,200.00
SP -409 RELOCATE EXISTING WATER METER (3/4 & 1")
1
EA
$1,000.00
$
1,000.00
SP -410 RELOCATE EXISTING WATER METER (2")
1
EA
$1,100.00
$
1,100.00
SP -411 RELOCATE EXISTING FIRE HYDRANT ASSEMBLY PER MERIDIAN DWG NO. W9
1
EA 1
$1,300.00
$
1,300.00
SP -412 INSTALL 12"x6" TAPPING SLEEVE
6
EA
$1,675.00
$
10,050.00
SP -413 INSTALL 12'x8" TAPPING SLEEVE
6
EA
$1,725.00
$
10,350.00
SP -417 12"x12" CROSS
2
EA
$1,750.00
$
3,500.00
SP -460 JABANDON FIRE HYDRANT, REMOVE VALVE, INSTALL BLIND FLANGE AND TEE
2
EA
$675.00
$
1,350.00
Meridian Water Improvements Project Subtotal: $
141,307.10
RECLYCLED WATER SYSTEM IMPROVEMENTS (3590.96173)
0401.4.1.A.1.8B WATER MAIN PIPE - 8" C-900 PVC (PURPLE PIPE)
636
LF
$36.75
$
23,373.00
0401.4.1.A.1.12B WATER MAIN PIPE - 12" C-900 PVC (PURPLE PIPE)
4,120
LF
$36.30
$
149,556.00
0402.4.1.A.1.8B 8" GATE VALVE (RECYCLED WATER)
9
EA
$1,150.00
$
10,350.00
0402.4.1.A.1.12B 12" GATE VALVE (RECYCLED WATER)
6
EA
$1,975.00
$
11,850.00
0402.4.1.A.1.2 2" COMBINATION AIR VALVE
1
EA
$2,850.00
$
2,850.00
SP -402B 2" BLOW -OFF ASSEMBLY PER MERIDIAN DWG NO.W19
a
EA
$1,700.00
$
13,600.00
SP -430 2" BLOW -OFF ASSEMBLY (RECYCLED WATERMAIN EXTENSION) PER MERIDIAN DWG NO.W20
1
EA 1
$3,250.00 1$
3,250.00
SP -601 IRECYCLED WATER PIPE CASING BORE
20
LF 1
$750.00 1
$
15,000.00
Meridian Reclaimed Water Improvements Project Subtotah $
229,829.00
INTERIM TREATMENT (PARKS) IMPROVEMENTS (5200-93406)
0401.4.1.A.1.4 WATER MAIN PIPE - 4" C-900 PVC (PURPLE PIPE)
4,503
LF
$15.30
SP -425 1 1/2" CONDUIT (IRRIGATION)
4420
LF
$3.30
SP -415 IN GROUND REDUCED PRESSURE BACKFLOW PREVENTER ASSEMBLY
2
EA
$3,100.00
SP -25003 ROTOMILLED ASPHALT
5100
SY
$3.25
$
16,575.00
2050.4.1.A.1 DRAINAGE GEOTEXTILE
5100
SY
$1.25
$
6,375.00
0404.4.1.A.1.B WATER SERVICE CONNECTION (2")
2
EA $3,600.00
0404.4.1.A.1.0 WATER SERVICE CONNECTION 1"
1 1
EA 1 $1,400.00
$
1,400.00
Meridian Irrigation Improvements Project Subtotal: $
24,350.00
Meridian Improvements Project Total:1 $
895,442.10
MERIDIAN OVERHEAD COST ESTIMATE
SEWER TRUNK LINE $
2013 CALCULATIONS FROM FINAL IDAHO SAND & GRAVEL BID
ACCOUNT
ACCT
PROJECT
SHARED
OVERHEAD
SUB -TOTAL
TOTAL MERIDIAN $
CODE
WATER $
COST 6%
COST (28%
PROJECT
SEWER
3590-93505
$ 499,956.00
$ 24,997.80
$ 14,995.52
$ 539,949.32
WATER
3490-96140
$ 141,307.10
$ 7,065.36
$ 4,238.32
$ 152,610.77
REUSE
3590-96173
$ 229,829.00
$ 11,491.45
$ 6,893.42
$ 248,213.87
IRRIGATION
5200-93406
$ 24,350.00
$ 1,217.50
$ 730.35
$ 26,297.85
$ 895,442.10
$ 44,772.11
$ 26,857.60
$ 967,071.81
MERIDIAN OVERHEAD COST ESTIMATE
SEWER TRUNK LINE $
499,956.00
WATER $
141,307.10
RECYCLED WATER $
229,829.00
IRRIGATION $
24,350.00
TOTAL MERIDIAN $
895,442.10
ACHD TOTAL PROJECT COST $
3,514,490.00
MERIDIAN PROJECT COST $
982,124.00
PERCENTAGE (MERIDIAN/TOTAL)
28.00%
ACHD BID ITEMS SUBJECT TO SHARED COSTS $
95,920.00
ACHD SHARED COST @ 25.00% OF ITEMS $
26,857.60 CHECK
1/17/2013
CONTINGENCY
ACHD OVERHEAD COST PRO -RATED ESTIMATE
ACCOUNT
CONSTRUCT
PERCENT
PRORATED COST
SEWER $
499,956.00
55.83%
$
14,995.52
WATER $
141,307.10
15.78%
$
4,238.32
REUSE $
229,829.00
25.67%
$
6,893.42
IRRIGATION $
24,350.00
2.72%
$
730.35
$
895,442.10
100.00%
$
26,857.60 CHECK
1/17/2013
CONTINGENCY
TOTAL
$
AT 5%
PROJECT
BUDGET
DIFF
$ 26,997.47
$ 566,946.78
$ 520,000.00
$ (46,946.78)
$ 7,630.54
$ 160,241.31
$ 145,000.00
$ (15,241.31)
$ 12,410.69
$ 260,624.56
$ 180,000.00
$ (80,624.56)
$ 1,314.89
$ 27,612.74
$ 68,000.00
$ 40,387.26
$ 48,353.59
$ 1,015,425.40
$ 913,000.00
$ (.102,425.40)
ACHD BID ITEMS SUBJECT TO SHARED COSTS
TRAFFIC CONTROL
$
TRAFFIC CONT SIGNS
$
3,000.00
TRAFFIC CONT BARRICADES
$
9,500.00
TRAFFIC CONT DRUMS
$
3,200.00
ADVANCE WARNING ARROW PANEL
$
1,800.00
PORTABLE MARKERS
$
1,500.00
TRAFFIC CONTROL FLAGGERS
$
21,720.00
TRAFFIC CONTROL MAINT.
$
1,200.00
MOBILIZATION
$
54,000.00
TOTAL SHARED COST ITEMS
$
95,920.00
DATE: January 22, 2013 ITEM NUMBER: 9D
Legal/Human Resources: Wellness Incentive Budget Amendment for a Not -to -Exceed
Amount of 20,100.00
MEETING NOTES
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
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DATE: January 22, 2013 ITEM NUMBER: 9E
Legal Department: Discuss Amendment of Mobile Sales Unit Licensing Ordinance
Regarding Minors
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE:
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NOTES
INITIALS
anuary 22, 2013 ITEM NUMBER: 10k
Second Reading of Ordinance No. 13-1539: Adoption of 2009 Uniform Plumbing Code
and City of Meridian Amendments
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE:
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INITIALS
• • •
DATE: January 22, 2013 ITEM NUMBER: 11
ITEM TITLE:
Future Meeting Topics
MEETING NOTES
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INITIALS