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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? Meridian City Council 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 Meridian City Council January 22, 2013 Page 12 of 53 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? Meridian City Council 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 Meridian City Council 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 Meridian City Council 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 Meridian City Council 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 Meridian City Council 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. Meridian City Council January 22, 2013 Page 19 of 53 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 Meridian City Council January 22, 2013 Page 20 of 53 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 Meridian City Council January 22, 2013 Page 21 of 53 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 Meridian City Council January 22, 2013 Page 22 of 53 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 Meridian City Council January 22, 2013 Page 24 of 53 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 Meridian City Council January 22, 2013 Page 25 of 53 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? Meridian City Council January 22, 2013 Page 26 of 53 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 Meridian City Council January 22, 2013 Page 27 of 53 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 Meridian City Council January 22, 2013 Page 28 of 53 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 Page 29 of 53 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 Meridian City Council January 22, 2013 Page 30 of 53 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 Meridian City Council January 22, 2013 Page 31 of 53 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? Meridian City Council January 22, 2013 Page 32 of 53 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 Meridian City Council January 22, 2013 Page 33 of 53 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 -- Meridian City Council 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. ���Wzf Mize W= i In As*# w SIPTI • r • • • •' •- • A • - -9 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) MAYOR T Y DE WEERD DATE APPROVED ATTEST: Qov?NJLD AItcU�l' JA? 0 CEE LMAN, CITYp ,� City of IDIZ CAVI E IANC-. IDA610 a �F SEAL 0 A0f the 7REA5�� 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 STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS 111! 1 I 111pi -Ijiy��111;jjjj�lj Al , 0 " DATE: January 22, 2013 ITEM NUMBER: 5B Approve Minutes of January 8, 2013 City Council Workshop Meeting lyd:121111 16-IRW -4V 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: 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 STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ZF1111111111111111111111 �l,�111111 11111111 111�jjiiji�1111 111• 11 1 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: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT 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 % Ose111111 ®®®®® ®®®®® ®D RI ap ®® ® A AR Imp l 1'UB1' 0.608006066606 ®® CITY: ^>,4® ®®E110 V ®®®® 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: -J O y Ciky of y ERIDIAN IDA119 �F SBAL, ti 2 v 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* yam" 46v)** \ � T A • ,tot • (SEAL) M 0'F � •♦ iso*$ 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----------------- -_ _-_ $ --f--- ---_____--i r------- , i 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 � C 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! _w ��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 �.%'Ic 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 I iI I ✓ '---J I I i 1 I 1 I I 1 32.0 r --- -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 E; M w . z)AV-,M S88'08'53"E 139X0' w 142:16))�lOFxcj�Er, — N88'08'53'W 98.00' 1 1 I 1 1 I 1 I 1 I I I I I I I 1 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 INITIALS 0 a) M a) O U c cr O a) 3- a) a) L Q N a) 7 O' rn c U ca a) c O a) a) O U L O O O O L Q LE a) c L Q O U a) a) ai a) C) r p ❑ p ❑ o O o 0 W z z z z �.% a ❑ a U) U) c aq v r C ` 7r L d.+ `Or+ y E 1 LII J Q � U Q z Z c3 ry) LU LIJ< w00� —J J i =j us 0 C n L - : C m >- W � O^ Z S O C O LL � W o N C F' U (d 0 N c ttY Rf U.- O i O 0. p\f p d O Q a = N N o C) U c W cu w 0'00 O 0 o E rn C Q U a V a U ® C) E Qy ¢ oll 'o Q jo (j hm-1 ® N CN N N N `o L U (� ` N N c E o J ® QU) EE 3 w Q v 2� E Q C 0 0 c E ¢ f a) Q c W J ' Qa 0 0 U 0 C 64 64 64 6G} cu 4 J Lo a) O N aci.c c 0 0 LE 2E O 0 3 O O N I` Z r _o .0 Y ��qq VJ N � 7 N m US th sU) o N D U 'a a N 0 a m U H Q .L V O LL F - z W m z® az ®_ W � Q W F. }O (7 U 00 Q `Or+ y J � W Z 1 LII J Q � U Q z Z c3 ry) LU LIJ< w00� —J J i =j us ~ —� UZD —� 2E Z 2E n L - : C m >- W � O^ Z S O Q `Or+ y 0 Q a C) O u K >. c U) E > Q O C O (O � W o N C ti U (d 0 N c ttY Rf U.- O i O 0. p\f p d O Q a = N N o C) U c r cu w 0'00 N O c 'm c 0 o E rn C Q U a V a 1 f6 cj 0 ® C) E Qy ¢ oll 'o Q jo (j hm-1 ® N CN N N N `o L U C U ` N ®. c E o J c�^Ei c aci = c QU) EE 3 w Q v 2� E E ac a) > c 0 0 c E ¢ f a) Q c 0 0 ' Qa 0 0 a,a Xo W C 64 64 64 6G} 64 Lo a) O 0 N aci.c c 0 0 LE 2E O 0 O to O O N I` V r _o S �= �o ��qq VJ N N N m US th sU) o N r 69 ffl 69 a O m CL x X 69 64 a` )) U) o 0 J N � E m — V) Q H o m 0 C ~ O U (6 Q Of6 Q 0 Cl LL C O r m Q Z Qz E u) LL O�j O ® U U E O c C7 O Q O0 OO ,« U) N~ Ecl N � �+ W � 0 ® O S0 -o O~ �asww U z p L (6 T- C a) z U' az(0 oz ,® N o 0 0 0 o oP: 0 co C O 0 -0 L% O O t0 O O r r N N N M N to N M W Iq V O i1 C N r N r N r 0 0 O N O N O N O N a Q C d' JL C OR ro OR OR o m " v ao (ID. ao v ro v oo v co v m Q o 0 0 0 Q N N 0 N 0 N 0 N 0 Q 0 Q a C) O u K >. c U) E > Q O o (O � W o N C ti U (d 0 N c ttY Rf U.- O i Jo p\f p d O Q a = N N o C) U c r cu w 0'00 N O c 'm c 0 a� N rn C Q U a V a 1 f6 cj 0 ® C) E Qy ¢ oll 'o Q jo (j hm-1 ® N CN N N N `o L U C U ` N acm_ 6 U o c E o J c�^Ei c aci = c QU) EE 3 w Q v 2� E E ac a) > c 0 0 c E ¢ f a) Q c 0 0 ' Qa 0 0 a,a Xo W C c 3 3 C N 64 E E 3 O N N O 0 N aci.c c 0 0 LE 2E Q �2 C) O n K 4: U) I - (O � W o N ti N O ti cp cq N r ti o r O s G1 0 Ln N Q Qy C U ` a� W Z z QU) E 0 0 0 0 0 0 0 0 0 0 0 0 0 Xo W C 64 O N N O 0 O 0 O 0 O to O O N I` V r N Z ��qq VJ N N N m US ys d Q N r 69 ffl 69 64 69 69 64 ur o 0 J � O m h Q H o m � s U (6 Q O Q 0 U LL U~ O r Q Z Qz N O C O ® U U E m O C7 O0 ,« E ca Ecl LLcr— � W O Q O O O~ U O p L (6 T- C a) () U' az(0 oz ,® o 0 0 0 o oP: co Iq m m Iq 1p m Wo 0 0 0 0 0 0 0 0 0 o 0 W JL C OR ro OR OR o m " v ao (ID. ao v ro v oo v co v m -J Q o 0 0 0 Q N N N N 0 N 0 N 0 O �2 C) O n O 4: U) I - (O � y� o N ti N O ti cp cq N r ti o O s G1 0 Ln N Q Qy C U ` a� W Z z QU) E 0� C U lC o z U r a`> C 64 > a N L M r Z ��qq VJ M C 0 I— V1 d Q Ow z 0 U® 0 ur o J � O m h Q H o m s Q O Q0 0 U U~ r Q Z Qz N ® ® U U C7 O �2 n O 4: U) r) (O � y� o N 0 ti LL ti o O 0 Ln N U Qy C U ` a� (D d Z z QU) 0� C U lC o z U a) a`> C O O O o y� o 0 ti ti O Ln N N r 69 64 N O C > a M Z c 0 ll^^ V z 0 0 ur o ® J O m 2 H o m Q Q O U m Q Z N ® U t9 O 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 a T R M m %�� �::. . j/� ..w��i'i '-.�� ;��/%�%moi/.'�:-_ � r''^,`3 yi i � '� /i �� 9 10 L Thematic Focus (E.g. Pinon Pine) Evergreen Background Tree Tal/ Decidous Tree Small Ornamental 10 aroundcover Type 1 r„ 4p Thematic FocuS (E.g. Pinon Pine) 10 Evergreen Background Tree ( (/ Tal/ Pendous Tree Small Ornamental 10 firoundcover Type 1 4p 0 ate\ Q DMft*AA vM55 E.(x, v...,&Wp-e- D C -"e& ray 13 14 15 OF 16 . L TL cl-c-, C, m 4 (�,� b, 0 - � 17 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-� Q Q c(D ®_ M N (0 W W ® LL O C 0 U m p W s V M tf) ' m m m CD ® 0 0 o OC► 00 00 r -f LD t, m Ln LD ri ® N 0) CND (.0 O O W: V (o N ci co in ifl-cn �j C W , a OLn o n i • O Ln It rl rl a m CD CD w rnmrn -o a ® rn rn rn • Ln q Ln m m m w w LO r- m LLn t.6 ri cr DGl N CND CD O O (LI)cI-1 N w w w Z' LU a z 0 zU Z 0 Z p/ Y a r W P'I 21 m N p N N 0 W ®_ O LL ® J • Q W 5J Z ( w LU N � J UJ N U w. 0 O O N LL Cf..: _ Z W •2CU N S.. J • X M Z E o Zo Qj 3 ".ai a) m W M p m > F-' �N _ • o Z a Q o t 0 t 0 t Q _ Wi w a h C Q U U U U Z U�m , W W Lu;r rl ® N M os O 10 m a ® Q M E c M cu IL N O C ® Q 0 2 N h'L wCo a U 0- M C W E Z (� W N r M 1 dv Q CSO a 00 W a Q OD Oq Q ¢ o o U cr p N N t < Ir^ - w d M � � M pp = N 00 tP � CO z E 0Q c Q Ln cl oQrill c�U' w w p C9 p U)> o Wo w 0 U FW- Oj Q O Z W J W 4U • • ff /^. Ah Z O W Q Z O • a' • a O ¢ w w • Zoo U) UO' W O W Q S R1 O F . V/ D O u �.... Z a Q 0 U 0, • W ._i W U s Q U Z a 1 a ® Q M E c M cu IL N O C ® Q 0 2 N h'L wCo a U 0- M C W E Z (� W N r M 1 dv Q CSO a 00 W a Q OD Oq Q ¢ o o U cr p N N t < Ir^ - w d M � � M pp = N 00 tP � CO z E 0Q c Q Ln cl oQrill c�U' w w p C9 p U)> 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 0cu0m = c (D < M CD cD N 2) O ID rt (3D a � O' O 6 C CQ rtm S 0 s w m a0 U CD-9 CD 0 N O N n 7 -. 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O z z z m W 0 O0 'q m Z ® z m z q m O v CD X 0 CD A: m 0 C) 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: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT 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: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS • • • DATE: January 22, 2013 ITEM NUMBER: 11 ITEM TITLE: Future Meeting Topics MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS