Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
2009-08-25
E IDIAN^-- CITY COUNCIL REGULAR MEETING AGENDA City Council Chambers 33 East Broadway Avenue, Meridian, Idaho Tuesday, August 25, 2009 at 7:00 p.m. "Although the City of Meridian no longer requires sworn testimony, all presentations before the Mayor and City Council are expected to be truthful and honest to best of the ability of the presenter. " 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 & Flag Ceremony with Boy Scout Troop # 600, Autumn Faire Ward: 3. Community Invocation by Steve Moore with Ten Mile Christian Church: 4. Adoption of the Agenda: Approve 5. Consent Agenda: A. Approve Minutes of July 2, 2009 Special Budget Workshop Meeting: Approve B. Facility Use and Indemnity Agreement between Cyanergy and the City of Meridian for Nutrient Removal and Algae Growth Project at the City of Meridian Wastewater Treatment Plant: Approve C. Acceptance Agreement with Clay Simons for Display of Artwork in Initial Point Gallery: Approve D. Order for Time Extension Reauest for One Year Development Agreement for Shops at Victory: Approve Meridian City Council Meeting Agenda — August 25, 2009 Page 1 of 2 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. E. Revised Proposal from Nampa Paving & Asphalt Co. for ACHD 2009 Federal Overlay Project to Adjust 22 Valve Boxes, 2 Blow Offs and Place Concrete Collars over the Roadway for $8,700.00: Approve F. Acceptance Agreement with Julie Clemons for Display of Artwork in Initial Point Gallery: Approve 6. Department Reports: A. Planning Department: Review and Discuss Draft List of Priority Transportation Projects compiled of the most needed roadway and intersection improvements in Meridian: Discussed 2. Discussion in Response to City of Kuna Proposed Annexations in Meridian Area of Impact: Discussed 7. Items Moved from Consent Agenda: None 8. AP 09-002 Request for City Council Review of the Planning Director's decision on the application of UDC provisions and design guidelines for Paramount Elementary School Portable Classroom Structure by Hutchinson Smith Architects — 550 W. Producer Drive: Approve 9. Bid Protest Hearing for Emulsion Polymer Bid Award by Nalco: Reject Bid from Nalco as Nonresponsive Bid and Award to Lowest Bidder Adjourn at 8:30 P.M. Meridian City Council Meeting Agenda — August 25, 2009 Page 2 of 2 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Meridian City Council Meeting August 25, 2009 A meeting of the Meridian City Council was called to order at 7:10 p.m., Tuesday, August 25, 2009, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Charlie Rountree, Keith Bird, Brad Hoaglun, and David Zaremba. Others Present: Bill Nary, Jaycee Holman, Anna Canning, Caleb Hood, Tom Barry, Sonya Watters, Keith Watts, John Overton, Mark Niemeyer and Dean Willis. Item 1: Roll -call Attendance: Roll call. X David Zaremba X Brad Hoaglun X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd De Weerd: I'll go ahead and launch into our regular agenda meeting and for the record it is Tuesday, August 25th. It's 7:10. We will start tonight's regular agenda with roll call attendance. Item 2: Pledge of Allegiance & Flag Ceremony with Boy Scout Troop # 600, Autumn Faire Ward: De Weerd: Item No. 2 is our Pledge of Allegiance and we have the privilege to have the Boy Scout Troop 600 with the Autumn Faire Ward. They are here to earn their citizen merit badge and duty to God. We appreciate you joining us and they will present our colors and lead us in the pledge. If you will all rise. (Pledge of Allegiance recited.) De Weerd: I would like to ask the young men to, please, come forward and I will present to you a City of Meridian pin. We do appreciate being joined by our Boy Scouts, our future leaders, and -- and today's leaders as well. So, that's one of the highlights of our evening. It doesn't mean that our meetings are boring, but we do look forward to seeing the youth of our community. Item 3: Community Invocation by Steve Moore with Ten Mile Christian Church: De Weerd: Item No. 3 is our community invocation. Tonight we will be led by Pastor Steve Moore with Ten Mile Christian. If you will all join us in the community invocation or take this as an opportunity for a moment of reflection. Meridian City Council August 25, 2009 Page 2 of 25 Moore: Dear God, we have so much to be grateful for. Our pledge these young men led us in reminds us of that and we thank you for those who have put their lives in harm's way, given their lives to preserve what we have. We thank you for our local police force and the protection, our fire department that they give us, and the way of life that we have. We tend to take so much for granted and it's a very good thing that as a community and this meeting its very purpose is to promote the wonderful life that we have here in Meridian, that we draw aside for a moment to express our gratitude for you. We thank you for the every day things, like -- that we have in this community. It's a beautiful evening here in Idaho and it's not humid and our air is clean. I pray, God, that you would remind us through daily life how blessed we are. I thank you that we are getting our interchange and I think of that, that so many have worked for that to improve our community and that you would protect the workers out there and everyone would be safe and that these kinds of things enhance our community. God, I think of those in our community that are mixed up, that are selling drugs and doing violent crimes, I pray that somehow through decisions that are made here by the Council, by those of us in just every day life that we might somehow influence them and they would see how much you love them and that there is another option for them. Last tonight, God, really, for the purpose that this meeting is, I pray for these who will make decisions. I pray that you would bless their homes and their lives. Thank you for the time that they commit, for all of the employees of our city, for those that volunteer, I pray that this meeting will, indeed, honor you and that things that are decided would be for the benefit of this community. Direct all that happens in Jesus' name, amen. De Weerd: Thank you, Pastor Moore. We appreciate you being here. I think this is the first time you have been here since you opened your church. Moore: I think the second, but -- De Weerd: Oh. Second. Well, I hope you're doing well. Moore: We are. De Weerd: I hear good things. Moore: Thank you. Item 4: Adoption of the Agenda: De Weerd: Thank you. Item No. 4 is adoption of the agenda. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Meridian City Council August 25, 2009 Page 3 of 25 Zaremba: There are, actually, no changes to the agenda, although I would mention that Item 8 is, in fact, a public hearing. That may not be clear from the agenda. That's not a change, but it is a public hearing. And with that I move we adopt the agenda. Hoaglun: Second. De Weerd: I have a motion and a second to adopt the agenda as published. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 5: Consent Agenda: A. Approve Minutes of July 2, 2009 Special Budget Workshop Meeting: B. Facility Use and Indemnity Agreement between Cyanergy and the City of Meridian for Nutrient Removal and Algae Growth Project at the City of Meridian Wastewater Treatment Plant: C. Acceptance Agreement with Clay Simons for Display of Artwork in Initial Point Gallery: D. Order for Time Extension Request for One Year Development Agreement for Shops at Victory: E. Revised Proposal from Nampa Paving & Asphalt Co. for ACHD 2009 Federal Overlay Project to Adjust 22 Valve Boxes, 2 Blow Offs and Place Concrete Collars over the Roadway for $8,700.00: F. Acceptance Agreement with Julie Clemons for Display of Artwork in Initial Point Gallery: De Weerd: Item 5 is our Consent Agenda. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I move that we approve the Consent Agenda as published and for the Mayor to sign and the Clerk to attest. Hoaglun: Second. Meridian City Council August 25, 2009 Page 4 of 25 De Weerd: I have a motion and a second to approve the Consent Agenda. If there is no discussion, Council, roll call, please. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 6: Department Reports: A. Planning Department: Review and Discuss Draft List of Priority Transportation Projects compiled of the most needed roadway and intersection improvements in Meridian: De Weerd: Item No. 6 under Department Reports we have the Planning Department. I will turn this over to you, Caleb. Hood: Thank you, Madam Mayor, Members of the Council. It doesn't seem like it's been a week already, but I was here last week and should have received in your mail boxes color copies of what's on the overhead projector regarding the draft roadway and intersection priorities for the city as drafted by the transportation task force. I don't know that I need to go into much of a presentation, but, hopefully, you received both the e- mail and a hard copy and have time to review them. Maybe just a couple of quick refresher points. There are three lists. You have the ACHD list, the ITD list, and, then, the community programs project list. That last list we will be bringing back to you after our next transportation task force meeting, which will be September 3rd. So, that third Tuesday workshop we will also be discussing or presenting the safe routes to schools, gaps in sidewalks, pathways, priority lists with you all. But this evening just would like to get some feedback from the Council on the draft ACHD and ITD priorities, again, as drafted by the transportation task force and, Madam Mayor, I may follow up. You had a question or a concern last time and you asked me to follow up with ACHD staff regarding one project that doesn't show up in the list currently and that's the Ten Mile Franklin to Cherry project, including the intersection at Franklin and Ten Mile. And I did talk to ACHD staff and they said it is on their 90 day bid list and it is in their fiscal year '10 budget, which the current priorities are for '11 to '15. So, in the next fiscal year. So, unless something catastrophic happens that project should be constructed in '10 and they were okay with us not having that project on the list, understanding that it is still a priority project for the city, but not having to have it remain on this list and use points towards it there. So, we will call that project out still in our narrative to them with that same understanding, but follow up with them on that. De Weerd: Thank you. Meridian City Council August 25, 2009 Page 5 of 25 Hood: And, then, one other thing that I didn't get to last time and you can see it, actually, on the overhead right now is project number three. The task force didn't make an official action on this, but we did discuss it for quite some time and it's regarding the Overland, Ten Mile to Linder project. As you know -- and, actually, last week Phil Hull from The Land Group was here to talk about landscaping. That landscaping that he was here to talk about is regard to that project. As he mentioned, the north side of that project for about a half mile will not be fully improved, because the right of way is not there yet to complete that project. But there is a project for that road widening and we -- all these that the task force -- even though, again, it wasn't an official action -- do believe that the improvement is substantial enough and will hold over, if you will, well enough that maybe another project should move up a little bit and take the place, rather than finishing off. Essentially, all that's needed is your curb, gutter, sidewalk and the landscaping on the north side. So, up to you, but there is a project that's moving forward under the developer's cooperative for that project. So, I don't want to say we would be wasting our points, but maybe our points could be better spent on another project. Again, just looking for further direction to report back to the transportation task force as we look to finalize this list. This list will be, then, modified and massaged further and brought back to you again that third Tuesday in September, so, hopefully, you have had a chance to review and I am ready to take any notes you may have for me. De Weerd: Thank you, Caleb. Any comments, questions from Council? Mr. Rountree. Rountree: Madam Mayor. Caleb, I have a couple of concerns and a project that I haven't found and it may already be on a current list, but on ACHD roadways, it shows the Ten Mile, Cherry to Ustick and that's a 2014 project. That also incorporates the Ustick and Ten Mile intersection. My concern is is that when Ten Mile interchange opens in 2011 late or early 2012, that's not going to work. That intersection is going to immediately become the problem that we had at Meridian and Ustick, because it's going to become the way most of those folks in that part of town and a good number of folks in Canyon county find their way to the Ten Mile interchange. I believe we are going to have the same thing happen on Cherry and Black Cat. That intersection is not even in a program that I can find. It's an intersection that is difficult to navigate. It's not signalized. You have two legs that are five lanes and you have two legs that are four, but they are kind of quasi -- four and a half -- I mean people are on the shoulders and every where out there, so -- and on numerous times of the day you have all those lanes full and it's really confusing on whose turn it is next, not being signalized. So, I think to me that's a project that needs to be added. Or if it's on another program, I'd like to see it identified. I'm confused about some of the ACHD intersection rebuilds, considering we have some intersections that are not even signalized at this point and they are talking about rebuilding intersections that may have a temporary signal, but seem to be working fine and the roadway segments that abut those intersection improvements are not on the program. So, why are we looking at a rebuild of an intersection until we can phase in the rebuild of the adjoining roadways. Case in point is the Meridian and Ustick, there is a note here that there has been improvements on -- on segments of that, as there has been. There is also a project on here from Cherry to Ustick on -- on Meridian City Council August 25, 2009 Page 6 of 25 Meridian for an improvement. It's already three lanes through there. I know we anticipate five, but I don't see why it has priority over some of the projects that need to be done that are only two lanes. So, I'm confused as to the prioritization, I'm confused about some of these projects that you have talked about. On the ITD state project, I know we probably can't effect those orders, but I would like to see us, along with the philosophy that you guys came up with about getting things done and -- before we start piecemealing other projects, I'd like to see Eagle Road done. I'd like to see those improvements done before we get underway with State Highway 16. I'm not sure I'm excited about not keeping Overland on the program. I'd like to see it stay where it is. I'd like to see it done. I'd Like to see Franklin done. I firmly believe in what you have talked about on Ustick, but I believe that that portion of Ustick from Cloverdale west is probably going to be very difficult. If the difficulties are such that that project can't advance, I would like to put forth the idea of moving from Eagle west in Meridian where those folks in that part of town can access Eagle Road where they want to go to a Meridian interchange or an Eagle interchange or a Ten Mile interchange and utilize Ustick. And I believe that that probably can be accomplished a lot easier than that three mile segment from Cloverdale west. That would certainly benefit our citizens. And believe that we should -- even though a good portion of it's in Boise, I do believe we need to get Franklin done from Cloverdale to Meadow Lake. I'm not sure that I can agree that we keep 3rd Street on our program, other than for planning purposes. I don't know that we should waste any points on that. And if I have missed one of my notes I will be back at you. De Weerd: Thank you, Council Rountree. Any other comments? Hoaglun: Madam Mayor? De Weerd: Yes, Mr. Hoaglun. Hoaglun: I just want to be sure I understand this, Caleb, for -- for that Ten Mile area. Councilman Rountree is absolutely correct, that -- when that interchange opens that thing is -- the people from Star, Emmett, Middleton, northern Canyon county areas, that's going to be their closest and quickest access to the freeway and that's the way it's going to be. So, I just want to be sure I understand what you had told the Mayor earlier, that the Franklin - Ten Mile intersection is included with the Ten Mile, Franklin to Cherry project and that's for 2010 and, then, the intersection, Ten Mile -- or the roadway, number five under A, Ten Mile, Cherry to Ustick, that would not be until 2014 is what they have planned at that time frame? Hood: Correct. Hoaglun: Okay. Well, I'm the same as Councilman Rountree, we will definitely have to have that moved up somehow some way. That's -- that will be just a bottleneck and it will just be a constant frustration for everybody with these -- with these roads. But I also agree with Councilman Rountree that Cherry and Black Cat is very confusing. If you have driven that, that -- somehow we need to get that moved up there. Since I'm on this Meridian City Council August 25, 2009 Page 7 of 25 page, before I move to the next page, East 3rd Street connection, I still think we need to keep that in front of them somehow, whether we assign points or refer to it in the letter, that that is a project that we are interested in and we know there is some obstacles there and some property and different things that we have to do, but I think long term that is going to be part of a solution or necessary part of traffic flow through Meridian in the long term. Under D, State Highway 16 extension, ITD. And funding. This -- this gets to be a serious situation with the lack of funding and we don't know when that's going to be resolved. I don't know if we should have that there. I'm just not overly optimistic that that's going to be a project that will be moving forward anytime soon. Just my thoughts on that for what it's worth. On the transportation task force recommending Eagle, Victory to Ridenbaugh continue to be the highest -- city's highest priority project, I agree, I think those folks have waited a long time for something to happen out there. We need to help make that happen. I also agree with the narrative on -- that you had talked about on that Ten Mile - Franklin intersection up to Cherry Lane. And, then, my notes on the Ten Mile. So, those are my thoughts on that, Caleb. But did you have any questions for me? I kind of went through that quick and maybe convoluted, but -- Hood: No. I think I got them and Dean's here to take minutes in case I missed something. I will make sure I review all of the comments before I make the changes. De Weerd: Any other comments from Council? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I did find one more and, Caleb, it's in the bright yellow on your last page of the new projects and it has the Black Cat and Franklin intersection improvement. One of the notes it says it does not meet the warrants -- doesn't meet the warrants for a signal. I don't know if that's been modeled with the Ten Mile interchange open, but I'm betting that Canyon county is going to break the bank on that one once that interchange is opened up. So, I think that might be a true statement if the model's been done. The modeling's not been done on the traffic on that one. That could become a bad one as well. Hood: Madam Mayor, Councilmen, Councilman Rountree, I had asked a similar question, because when you look at the technical criteria all around the new Ten Mile interchange, they do not assume the Ten Mile interchange and a lot of those things. So, we are next year going to see a bunch of their criteria, things are going to -- depending on how people drive it, we are going to see some new intersections for sure. I do have notes of your -- I mean comments that tells you some of these -- at least intersections, if we can't widen the roadway, you better take care of some of the nearby intersections, anyways, first. But, no, they don't -- they don't assume that Ten Mile is there when they do the scoring and ranking of their technical criteria for this year. So, we will have to -- there is some lag time there and we will see that next year or the Meridian City Council August 25, 2009 Page 8 of 25 following year, maybe even, depending on when they do that technical analysis. But, no, that's not included and a good point. De Weerd: Council, thank you for your comments. Mr. Zaremba, did you have something to add? Zaremba: Madam Mayor, I would just -- I know it's been said, but to chime in, when that Ten Mile interchange opens, the whole nature of Ten Mile Road is going to change and if -- if ACHD is not doing the intersection projects, such as Ustick and Ten Mile -- if we think of how Ustick and Linder has been boxed up -- bollixed up by the improvements that they have been making there and I certainly appreciate the improvements, but if we wait on Ten Mile and Ustick until the interchange is actually operating, I don't see how they can do with that intersection what they did with Ustick and Linder. They will have to close the intersection at certain points and that's too late. Hood: Madam Mayor? Can I ask, then, does the Council feel comfortable with moving -- taking that -- because that isn't -- because that intersection is included with the roadway widening project currently, I think we have a better shot at getting that intersection maybe programmed '10 or '11. '10's pretty tight, I know, at ACHD, but maybe '11, which will be real close, they can maybe do it the first part of '11 and, then, it should be done right around when the interchange is scheduled to open. We probably have a better shot of maybe getting that intersection in or one of those intersections in in '11 versus a full mile and an intersection in the project. So, do you want me to leap frog some of these other ones with making that our number one new intersection being Ten Mile - Cherry or is there one on black -- like Black Cat - Franklin that you think is more important or -- I guess I'm looking for some direction there. I hear you, just don't know -- when we get down to the -- to the details of this kind of where would you like -- a starting point for us to kind of see where that kind of falls out or do you want to have the task force hash that out? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Depends on the perspective you view those two. The Black Cat and Cherry intersection to me is a safety issue and it's a safety issue now. I have not seen any numbers and I don't know if Lieutenant Overton can relate any significant accident data at this point on that location, but that might be something they want to look into. At the Ten Mile and Ustick it's just going to be a bottleneck. I mean no turning movements are accommodated. It's just a plain old rural four lane intersection. Barry: Madam Mayor? De Weerd: Yes, Tom. Meridian City Council August 25, 2009 Page 9 of 25 Barry: On behalf of Public Works I would just like to express our concern and support for moving forward the section of Ten Mile Road widening and improvements between Cherry and Ustick. Certainly that corridor is an important corridor for us as it relates to our backbone of our reclaimed waterline system that is ultimately going to serve the Ten Mile interchange. So, I'm coordinating that with ACHD's other projects in a time frame that allows for the utilization of that resource down at the Ten Mile interchange would benefit us both in the landscaping of Ten Mile interchange and certainly with potential development that might have a use for that source of water. So, that may be one other thing to think about in the coordination of this. I know you have other priorities to -- to include, but that would be one thing we would be supportive of. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: One more for Caleb I found in my notes that -- I think it's listed at number nine, Linder Road, Ustick to McMillan. You know, we are doing that intersection improvement at Ustick and Linder, which is great, it's going to be wonderful. They are almost getting done. But with Sawtooth Elementary -- or Sawtooth Middle School there and there is still lack of access, we were able to get them across the road, but now they are back on the road to get to the schools. So, that is something -- if there is safe school money for those roadways and whatnot, boy, that's -- that's something that we need. But there is a lot of priorities, but those school kids still don't have a way to -- to -- like I said, we got them across the intersection now, but there is still no easy way to get to the school. Hood: Madam Mayor? De Weerd: Yes. Hood: Council Members, Council Member Hoaglun, I will let you know there are actually four separate projects between Sawtooth -- McMillan, even -- McMillan, Sawtooth, and Tully Park, including that intersection. That intersection is one of the projects. There are two HAWK signals -- two pedestrian signals to get pedestrians a continuous system from, again, McMillan all the way down to the park. Now, they do have to cross over -- they have to cross over Linder due to a huge canal on the east side of the roadway, but there will be a continuous system this fall. I don't know that they will have it done next week when school starts, but it will be -- it will be real close anyways. They are in final design right now. Some of those -- one of those projects are being performed by ACHD maintenance -- maintenance forces, so that will be something that they -- they will be using vehicle registration fees and, then, the other two HAWK signals, again, are scheduled to go in later this fall. So, it doesn't help with roadway capacity, but for children and safe routes type things, I am working with them to make sure that those projects get in as soon as possible, so the kids that do have to traverse by foot or bike or whatever have a safe route anyways. Meridian City Council August 25, 2009 Page 10 of 25 De Weerd: And safety busing will still commence until those improvements are done. So, they will start the school year with emergency busing. Hoaglun: Great. That's good to know. Thank you, Caleb. Hood: Madam Mayor, can I just -- I want to summarize just real quick and, then, maybe ask a couple of follow-up questions for our next meeting. I guess as a summary, three things that really -- one of the things that I asked for in my memo was, basically, a cover letter for this -- this highway district, what would you like to kind of call out as -- you know, where is our list -- attached our list of priorities. Please consider the following things. I guess a couple of things -- and I just need some affirmation, I guess, that heard you correctly, but definitely I think we just -- as a general comment say things around the Ten Mile interchange are going to blow up -- and I will use a more technical term than that, but, please, consider where ever you can to improve intersections, widen roadways, do whatever kind of around this area. The second one would be 3rd Street. Just to call that out in our narrative saying it's still on the city's radar. Yeah, it's not in our top five, but it still is something that the city would like to see. I know there is some discussion about where that should be, but maybe that's an appropriate place for 3rd Street is to call it out in our narrative. The third one that I heard was -- 3rd Street. Ten Mile. And, then, the rebuilds of intersections being a lower priority than new intersections. So, improve your four way stop controlled intersections first and get those up and running before you rebuild currently signalized intersections. So, maybe it's not five and five project, but you do eight new intersections and maybe one or two rebuilds. I don't know how all that plays out. There is certainly some balancing of dollars and things, but we could call that out in our narrative, saying we still have a lot of stop controlled intersections and we'd like to see you spend a majority of your funds on new intersections, versus rebuilds. So, I'll work on some language. I don't know if there is anymore comments on that, but maybe that could be some of our -- again, our cover sheet to the highway district after we thank them for considering our applications and things is to maybe make some of those comments, too. So, is there anything else along those lines or different lines that you want to maybe have me include in a draft narrative to ACHD? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Caleb, I agree with what you have summarized. I would add when you talk about the Ten Mile from Overland to Franklin, emphasize how much we appreciate that they are doing that with the interchange improvements. So, when it opens there is a good facility in place and it does -- it's going to be an inconvenience while it's being built, but it will open up done. Not only the interchange, but the roadway improvements. And even having said that, I know they are concerned about, well, we programmed that and we just delivered that, now you want more on Ten Mile. Well, I guess our priorities ought to be congestion improvement and safety improvements and if rebuilds of intersections need to slide, how they are functioning needs to be compared to how Meridian City Council August 25, 2009 Page 11 of 25 these other intersections that are not signalized are functioning and maybe it's not a full rebuild at some of these rural intersections. The Ten Mile light on Franklin has made a tremendous improvement in traffic movement. It's really eliminated a lot of delay. And that, I think, was just a reuse of equipment they probably had in a yard somewhere. I know it's not inexpensive, but it's a lot less expensive than putting in a multi -lane, multi- phase signal operation. Some of those prioritized projects don't necessarily have to be in the form of a -- in my opinion a final project. Something that relieves what we anticipate is going to happen out there. But don't forget to thank them for what we have got, because we really do appreciate it. De Weerd: And just one last thing that is important. As they work with it, we would love to have a joint meeting to discuss it if -- if they fiddle with our list at all. Rountree: Yes. De Weerd: I think it is more important that that is one face-to-face conversation we need to have. Council, I appreciate the dialogue on this and I'm sure you will see a summary and a draft letter -- by when, Caleb? Hood: It will be at least a week before. Mid September sometime. A few weeks anyways. Item 2: Discussion in Response to City of Kuna Proposed Annexations in Meridian Area of Impact: De Weerd: Okay. Thank you. Okay. The next item. Anna. Canning: Madam Mayor, Members of the Council, in your -- probably on your desks tonight you have received a copy of a letter for staff -- that staff has prepared for Mayor and Council's signature with regard to several annexations that are before the city of Kuna Planning and Zoning Commission later this week. The subject -- or the -- the content of the letter mimics the conversations we have had for the last two years. This one focuses on the impacts of City of Meridian services and particularly the overlap and planning areas and facility planning within there. And, then, one of the -- a new issue that we are raising is that in regard to fairness to property owners, because the decision by the city of Kuna with regard to these five properties that want to annex will affect the ability of approximately 25 other people to be able to annex into the City of Meridian. It will effectively block the annexation path for those properties. We would like to have the Mayor and Council sign this, so we can get it off this week. This is before the Planning and Zoning Commission. If there are changes you'd like to see or a different tone in the letter that goes up to city council, we can redraft a letter for them or provide a different tone. Whatever is the pleasure of the Mayor and Council. De Weerd: Anna, I think we need to give planning and zoning a different tone and -- and I do think that what -- what is not stated in here is kind of the philosophy of growth and the areas that are being referenced, they are smack in the middle of Kuna and Meridian City Council August 25, 2009 Page 12 of 25 Meridian. They are going to a growth location without a home, without an identify, and, essentially, what they are doing -- our fire district's going to have -- will be serving it and it pulls the -- this is sprawl and it goes against the whole basis of why we want to grow from the inside out, is it really stretches services and it causes inefficiencies, it causes extra expense, and it is what those impacts are going to have on our roads, on our police and fire -- or in particular our fire and stretching very limited resources. So, with that said, there needs to be an understanding that response times will be different than in urban areas that are better placed. I don't know how best to say it, but we need to go -- this is more than just sewer and they have really focused on the sewer. It is more than just sewer. There is a whole lot of other services that -- that urban development demands that are not being considered. Council, any other comments? Rountree: Madam Mayor? De Weerd: Yes, Mr. Rountree. Rountree: I'd just like to confirm that 25 property owners -- much more than 25 individuals -- have been contacted, know that their name will be in this letter, because would not want my name in the letter if I disagreed with what's in the letter. So, that think needs to be investigated and confirmed that they are okay with that. Otherwise, you just call out a number of folks for a number of property owners, as opposed to each individual one. And, then, in the last line before the closing sentence, I would add something about we cannot do so at the expense of our community's established values, planning, and investment in infrastructure and I think those are important and we have done a lot -- we have spent a lot of time and energy since the early to mid '90s planning for that area and planning -- master planning that area for all sorts of things, from recreation to sewer and water. We were probably the only folks that encompassed that area that have completed that and probably done it several times and will be doing it some more. But I don't know that Kuna has -- has a master plan complete for any of this area in terms of development, other than it's a -- it's a finger out from the core of their community and an opportunity to get some more annexed to help pay for their wastewater facility. As far as tone, I'm not sure if tone's going to matter one way or another. But, yeah, I guess you can butter it up some. De Weerd: I don't think it's buttering it up. We are sending it to a citizen's commission and we need to remember that. These are not the elected officials that kind of got us here in the first place and so I do think that it needs to have a tone that's appropriate. And I guess, Anna, we look at it from our end of it. What I try and do also is look at it from a citizen's perspective and they utilize the sheriff department resources for -- to do their law enforcement. I just wonder if their existing citizens know what development in that area is going to pull from their core that -- that service pull its -- I don't think we can understate the importance of what that is going to do to impact not only our citizens, but their citizens as well. Or maybe to them more importantly their citizens. Any other comments from Council? Meridian City Council August 25, 2009 Page 13 of 25 Canning: Madam Mayor, Members of the Council, obviously, these aren't little tweaks we are talking about. Would you like me to sent it out to everyone? How would you like to proceed from here? De Weerd: Yes. If you would write -- if you would make it -- e-mail it out and ask for -- when is the meeting? Canning: Thursday. De Weerd: By the end of the day tomorrow we can e-mail it and fax it and maybe even need to hand deliver copies on Thursday for the meeting. Canning: We will do that. De Weerd: So, Council, the changes will be out tomorrow. Ask for your immediate turnaround of any comments if you have some. Bird: Thank you. Zaremba: Just -- De Weerd: Mr. Zaremba. Zaremba: Two things. I would be able to come by here to sign a copy. That's not a problem. The second is a question on what is actually our objective. They are actually meeting on applications that have been made to them by developers. Is that our goal that those developers should have asked Meridian, instead of Kuna? Is that what we are -- is that what our end goal is? Canning: Madam Mayor, Members of the Council, Council Member Zaremba is looking at me, I guess I will take a stab at this. But, you know, the goal was when we established the area of city impact, is that that was -- we were planning on that being City of Meridian. So, obviously, there is not an annexation path at this time, so our goal is to ask the city of Kuna to pause and not annex them at this time and wait until an appropriate time to have those discussions, but we do believe it should be in the City of Meridian. Zaremba: So, if the developers wanted to do their developments now, they would have to apply to Meridian instead, but we don't have city limits close enough to where they want to work; is that the problem? Canning: Correct. Zaremba: Yeah. Meridian City Council August 25, 2009 Page 14 of 25 Canning: Madam Mayor, Members of the Council, Council Member Zaremba, it doesn't appear that -- that the folks want to move forward too quickly. One of them does have a preliminary plat with the annexation request, but one wonders how far that preliminary plat will go given current inventory -- excess inventory in similar size lots. Zaremba: Thank you. De Weerd: So, I guess Anna's comment -- we ask them to pause and, you know, see how things start to unfold over the next -- over the months to come and see what our public works directors can do and further discussion for that area. I think if there is no rush and -- and because of the market I don't think there is a rush, we would like to have that time to continue to work together and see what we can come up with -- or not continue to work together, but begin to work better together. Okay. Canning: Madam Mayor, I assume you want that incorporated in the letter? De Weerd: Yes. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Given that opportunity, if it's e-mailed or sent out to us in some fashion, I would suggest that the bottom line is that you're authorized to sign the letter at the close of business tomorrow, whether you hear from us or not. De Weerd: Yeah. Ideally I think it would be good if -- if all five of us could sign, but if that's not possible we can certainly do that, too. Bird: I'd have no problem with that. Canning: We'll make two different versions. De Weerd: Okay. Rountree: With and without. De Weerd: Thank you. Hoaglun: That could be dangerous. Item 7: Items Moved from Consent Agenda: De Weerd: There were no items moved from the Consent Agenda. Meridian City Council August 25, 2009 Page 15 of 25 Item 8: AP 09-002 Request for City Council Review of the Planning Director's decision on the application of UDC provisions and design guidelines for Paramount Elementary School Portable Classroom Structure by Hutchinson Smith Architects — 550 W. Producer Drive: De Weerd: We will move to Item 8, which is a public hearing an AP 09-002. We will open these public -- this public hearing with staff comments. Watters: Thank you, Madam Mayor, Members of the Council. The applicant for the next application before you, Hutchinson Smith Architects, on behalf of the Joint School District No. 2, submitted an application for certificate of zoning compliance and design review approval of a portable classroom structure for Paramount Elementary School. Staff reviewed the application and sent a letter to the applicant detailing several items needing to be addressed in order for the site and structure to comply with the minimum design standards listed in UDC 11-3A-19 and the city's design manual. A copy of this letter is attached to the memo from staff to the Mayor and City Council dated August 18th that you should have in your packet. In reviewing the structure against the UDC standards staff notes the following: The building facade visible from North Dietrich Avenue do not incorporate modulations or articulations in the facade to break up building mass. The primary building entrances are not clearly defined by the architectural design of the building. And the roof design does not provide variations in profile through modulation and/or articulation. You will see on the screen here there is a -- just a zoning map showing the location of the property and an aerial view of the property. The school building there. The little red rectangle there is the approximate location of the portable classroom the applicant is proposing. And this is a copy of the proposed site plan. Again, with the red arrow pointing to the portable classroom structure. You will note on either side there are residential lots that abut the school and, then, on the top part there, kind of to the north of the site, is North Dietrich Avenue. The northwest. In reviewing the structure against the design manual staff noticed the following: Landscaping should be installed in accordance with the objectives and guidelines listed in Section D, 1.6, of the design manual and the architectural character of the building should be consistent with the guidelines listed in Section D-2 of the design manual. In response, the applicant has requested City Council review of the director's decision on this matter. That's why this is before you tonight. These are the elevations proposed of the portable classroom structure on this site. Staff will stand for any questions Council may have at this time. De Weerd: Council, do you have any questions? Okay. Hi. Exline: Good evening. Madam Mayor, Members of the Council, my name is Eric Exline, I'm the public information officer for the Meridian School District, so I'm here on the school district's behalf. I think more than probably any of the technicalities of the design, you -- the conditions I want to talk to you a little bit about about Paramount Elementary, our planning as a district, the tools we have to deal with growth and kind of where the school stands right now. We build our schools with a capacity of 650 students. We do that intentionally, so that in the kind of construction that you see in Meridian City Council August 25, 2009 Page 16 of 25 most of the communities we serve, we have 3.5 per acre, about 80 percent residential, that generates 650 students. That's in north Meridian planning area. In the end of the day you will have a school that sits in a square mile surrounded by laterals that the kids will not have to cross and you will end up with a neighborhood school that a hundred percent of the children will actually be able to walk to and never be bused. In the meantime, growth happens and Paramount opened in the fall of 2007 and served two square miles, which it still does today. The square mile within which it sits and the one immediately to the west, which is where Lochsa Falls sits, to give you a little bit of sense of geography. It opened at slightly under capacity. In the course of its first school year it grew beyond capacity. For the 2008 and '9 school year its enrollment was capped. Because of concerns of the developer of Paramount that it was causing a slow down in sales -- people choose to move into areas with the intention of attending their neighborhood school and we engaged in the process of planning on how we could lift that cap, temporarily provide enough space in the building until we get another school constructed. So, over the summer -- or last spring, more accurately, we lifted the cap and I guess true to his belief, if you can move into a neighborhood and attend your neighborhood schools, people will do that. We've enrolled 80 new students at Paramount just this fall. So, that's kind of the background of how we plan for growth. We have a few tools in our kit bag with which to deal with it. One of it is to run bond measures and build new schools. We do that fairly regularly and as citizens of Meridian I'm sure you're quite aware of that. We can reassign subdivisions and what that looks like is we will find a subdivision that's being proposed and current attendance already where a school we already know is sort of under stress and before anybody moves in we will reassign it to some other school. So, at least when they move in they know that I'm not going to get to attend that school that I thought. Our third area is do a cap enrollment and to bus kids to a non -neighborhood school, which was the case with Paramount, and our last -- and, by the way, most flexible thing that we can do in to install portable buildings. So, in the 2005 bond measure we invested 1.5 million dollars to buy state tagged, code compliant, portable buildings as you see in that illustration. These are buildings that are approved by the state to be moved in on a temporary basis, largely in school settings, to relieve overcrowding. Which, I guess, brings me to where we at right now as we have come through the summer. Paramount is built for 650 students, as I mentioned. It's enrollment today registered kids is 802. At the kindergarten level. We have class loads of 27. The state and district goals are 23. We have class loads in first and second of 25 and 26. The class loads target there is 24. Third grade is the one grade that we are at the target. Fourth and fifth are in the 32 and 33 range. We have no space with which to break those classes up. We could not reconfigure a new class. We could not reassign a teacher anywhere, because we simply have no classrooms left. Whatever you could kind of call additional space, the science room, the art room, have been assigned as classrooms for a long time. I think the most important thing that I can tell you is that these are intended to be temporary buildings. We have already submitted plans to the city for the next elementary, which is located in the mile immediately to the west. It will be called Willow Creek. We have to run a bond to build that school, but it will provide the relief for Paramount and as the Paramount Subdivision continues to grow it will fill Paramount elementary. That portable building will no longer be necessary. I recognize the value of design review Meridian City Council August 25, 2009 Page 17 of 25 standards, because you don't want your community to be built in a permanent way in which in the end it becomes an unattractive and really economically viable for the place that will attract people to the housing or to place their businesses here. But we have no intention of leaving that building there. We invested in these particular types of portables for exactly that reason. They are portables. The other inventory of portable, which are scattered from Star to Eagle, many are prior to the requirement that they be state tagged and code compliant and they are no longer movable and at some point, to be honest, they will probably just be demolished. I won't go into the history of how they came about, but they were built to replace Meridian Middle School one year when it burned down. But that's not what these structures are. To require us to have three roof pitches or significant modulation on the side of the building essentially makes them nonportable. That would tell me rather than moving that building in and committing that amount of expense to do that, I would prefer to just simply add on to Paramount Elementary. However, doing that now is going to create a school that's going to serve an area in the end that's larger than a square mile, which brings me back to the beginning is that our goal was to make neighborhood schools that the majority of kids can walk to. For these reasons, because of where we are at, because of portable buildings being an important part of our tool kit to deal with growth as it happens, because we believe we are partners in promoting and supporting that growth, I would ask that you approve our application to place a portable building at Paramount Elementary. And with that I would stand for any questions. De Weerd: Thank you. Council? Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: Eric, how far away is Hunter and how full is Hunter Elementary School? Exline: Madam Mayor, Councilman Bird, Hunter is the mile -- a mile as the bird -- as the bird would fly is actually to the south and east. Hunter is over 650 students. The other nearest school that you could really look at maybe changing something in the attendance area is Ponderosa, but it's running at about 675. So, it's actually over capacity as well. Or only available space we are going to have to bus these children -- the most obvious place is McMillan Elementary, which is, actually, in Boise. They have open classrooms. Chief Joseph is a possibility, but I'd have to look at their enrollment again. Bird: How far south does the boundaries for Hunter go, then? Exline: Hunter -- Madam Mayor and Councilman Bird, actually their attendance areas are both two square miles. So, Hunter actually serves the two square miles that are immediately below the two square miles served by Paramount. De Weerd: Other questions from Council? Meridian City Council August 25, 2009 Page 18 of 25 Hoaglun: Madam Mayor? De Weerd: Yes. Hoaglun: What -- you know, knowing the economy the way it is, is that bond election going to happen anytime soon? Are they going to try to -- when one bond expires try to fill that in? Can you give us a sense of timing when we look at this portable for what you're looking at? Exline: Madam Mayor and Councilman Hoaglun, a very good question. This year despite the economy, we are actually built -- we have built our budget on an increase in enrollment of 860. In Meridian you can grow by 650 kids simply by graduating 2,000 kids from your senior class and, then, we enroll 2,700 at kindergarten. And that mechanism's already in place. We pretty much know that's what's happened. Now what we are waiting to see is the ends and outs at all the other grade levels. Preliminary indications would be we may actually be low on our enrollment estimations. That having been said, we are looking at -- and I can't say that we made any kind of decision -- fall of 2010 to run our next bond measure. We would have actually started the construction of Willow Creek this fall using plant money, but because of the 12 percent drop in the total market value of our district, our district lost 1.8 billion dollars in market value. To do so we would have had to increase that plant facility levy to the point where we would have had to cause a tax increase and our district has had about a 15 year commitment that we would not do that. That school on the next bond would be one of those schools, in all likelihood, that we put on the sort of fast track in which we pass a bond in the fall and we open it by the next fall. Hoaglun: Thank you. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I was just going to comment that my recollection of the Unified Development Code is that it does not acknowledge temporary buildings and I'm sure that the director had to make the decision that she did based on the laws that she was given. That said, it seems perfectly reasonable to me that we should find a way to make an exception. It is a temporary building, not a permanent building. The director could not have done otherwise, but that's why the appeal process. I certainly support your application. De Weerd: Thank you, Mr. Zaremba. And, you know, we have -- this is how you have dealt with growth for years and sorry it was probably one of the things that was not contemplated when writing the code. Certainly it wasn't to the affect the school's ability to temporarily deal with the growth in that interim period between when you can build the new facility and certainly understand because of the economy and the pressure Meridian City Council August 25, 2009 Page 19 of 25 that's added to budget, that it's caused an even more complicated situation here. Any further comments from Council? Bird: I have none. De Weerd: Mr. Rountree? Rountree: Madam Mayor, a question for staff. When you reviewed this were there any suggestions made that might not necessarily bring them in compliant with the design guidelines, but might have made it a little more palatable? Watters: Madam Mayor, Members of the Council, Councilman Rountree, there were several just general guidelines and some specific code requirements that were described to the applicants that we didn't give them a specific way to comply with the ordinance, but, you know, any way you can meet these guidelines that complies with the ordinance, you know, we are willing to work with you, basically. But they -- they did not come back with anything, they just chose to appeal the director's decision on it. Rountree: Thank you. Canning: And in addition, Madam Mayor, Members of the Council, Council Member Rountree, I think there was some discussion about alternative compliance using landscaping materials, but that conversation was kind of at the beginning and doesn't show up on any written documentation, though. Watters: It is -- landscaping was discussed in the letter issued to the applicant. Rountree: Okay. Thank you. De Weerd: Okay. Anything else from Council? Zaremba: Madam Mayor? De Weerd: Yes, Mr. Zaremba. Zaremba: And I would throw out of -- an additional opinion, even though this may happen again, I don't think I would go through and change the code. I think we want to have a serious look at temporary buildings. There may be other organizations that may ask for them. We know the school district. We address the school district. I'm not sure that we should go to the effort of having a temporary building section in our UDC. I think I would skip that, leave it the way it is. If the director needs to do something or put rules on it, then, we will go through the appeal process. Canning: Madam Mayor? De Weerd: Yes. Meridian City Council August 25, 2009 Page 20 of 25 Canning: We did modify the temporary use section of the Unified Development Code to take the temporary uses out. There are a number of temporary structures that are still addressed, notably construction trailers, and there is one other, but the most similar that comes to mind is construction trailers. Zaremba: Sales offices, I think, for subdivisions. Canning: Sales offices. Things like that. Zaremba: Yeah. Canning: So, we do accommodate one or two temporary buildings and, then, temporary uses at the school we have also exempted from -- from any requirements. The only problem I see in amending the code is that if we open it up to all schools and all portable classrooms, they may not be temporary, and it's the temporary nature and being able to tow them, but, you know, if these are still on a trailer and are not put on as permanent foundation, we may be able to work with some language like that, although don't -- I'm not sure it will ever be quite right for what we need. And with regard to the request that's before you tonight, the appropriate action that would need to be taken, if Council wants to direct staff to -- to approve this, we need to get an alternative compliance approved. I am -- I assume that Council would want to waive those fees and, actually, we need to ask Council to waive the fees for the application that's before you tonight, too. So, we would need the applicant to submit an alternative compliance and, then, we could approve it based on Council's direction and move forward. De Weerd: Okay. Anything further from Council? Bird: I have none. Rountree: Madam Mayor, I'm just looking at this and I can understand where they are coming from and I'm concerned about what temporary means and Mr. Zaremba said the word trust and I think it's there. I don't think we are going to see this five years from now at this location. I hope. Exline: Madam Mayor, Members of the Council, I would also add that I don't believe that the developer of Paramount Subdivision would prefer to see this in there in the long run either. And that it's not our goal that our schools will operate with a portable structure as part of their ongoing operations. That's -- it's difficult when you grow like we do, but it's not our goal. Rountree: I guess my last comment per the consideration of the waiving of fees, I think that was a good suggestion, Anna. I was thinking about that. If they were paying fees I would have rather seen they spent those monies on at least full awnings of a different color to maybe just give the kids something exciting to walk under when they are going to class. But having said that, that's the sum of my comments. Meridian City Council August 25, 2009 Page 21 of 25 De Weerd: Okay. Thank you for being here. Okay. This is a public hearing. Is there anyone else who would like to provide testimony on this item? Okay. Seeing none, Council, any further information needed or do I have a motion to close? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Hearing no comment, I move we close the public hearing on AP 09-002. Rountree: Second. De Weerd: I have a motion and a second to close the public hearing. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. De Weerd: Okay. Rountree: Madam Mayor? De Weerd: Yes. Rountree: I move that we approve the request and the appeal of the director's decision for Paramount school portable classroom structure. Direct the applicant to submit an alternative compliance application and that the fees for both the appeal of the director's decision, as well as the application for alternative compliance, be waived, with the understanding that this is a temporary structure and will be removed in the relatively near future. And I'm not going to define that, but we need a new school and it sounds like it's under -- it's in the planning and development process. Bird: Second. De Weerd: Okay. I have a motion and a second. Any discussion? Madam Clerk, will you, please, call roll. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 9: Bid Protest Hearing for Emulsion Polymer Bid Award by Nalco: De Weerd: Okay. Thank you. Item 9 is a bid protest hearing. Mr. Watts. Meridian City Council August 25, 2009 Page 22 of 25 Watts: Good evening, Madam Mayor, Council Members, you have a bid protest e-mail in your packets tonight regarding the liquid polymer bid. Rich Dees is here also to go over the testing procedures. I will give you an overview of the process from the purchasing standpoint. June 8th we issued the bid to eight vendors and advertised in the newspaper. We held a pre-bid meeting on the 15th of June to review the specifications and the testing process that we would go through. On the 17th we had -- we issued an addendum from a result of the discussion on the pre-bid meeting of the 15th. June 26 we received four bids, one from Nalco, one from Weschem, one from Ciba and one from WaterTech. The full scale testing began on July 8th and the full scale testing consisted of a test day prior to their official test to dial in their polymer and the equipment to give the optimum result and, then, the full scale test was conducted the second day. There were two of the bidders were deemed nonresponsive with not meeting the minimum requirements of the bid specifications. Then on August 10th we posted the final results of those full scale tests and the bid results and notified all the bidders of the bid results. And Rich Dees can go over the details of the testing as well. I guess I should also comment that the bidder who was protesting, Nalco, one of the bidders who was deemed nonresponsive. De Weerd: Okay. Thank you. Rich. Dees: Madam Mayor, Members of the Council, as Keith said, the testing went on on the dates that he presented. The testing was fairly rigorous. The folks had to present to us to demonstrate that their polymer worked. It was quite complicated. One of the things they had to do was demonstrate they could get to 21 percent. At least between 21 and 22 percent. That was our goal. It wasn't -- 21 percent wasn't just picked out of the air, it was a percentage that we came to a long time ago when the City of Meridian bought the centrifuges. One of the things that had to happen is you had to have 21 percent solids to pay the centrifuges back in the time allowed that you wanted to buy the centrifuges for. Anything less than that would mean we were hauling more water than solids and the cost would go up dramatically. In just a second I will tell you how little things means quite a lot in this particular case. Indeed, the average cake solids for for Nalco was 20.4, instead of 21 percent. Now, they mentioned in their letter that they were getting 21 and 22 percent, but they were using a moisture balance, which is a little bit tricky to use, it's just to determine the ballpark accuracy, so they could dial in their system. It wasn't the official laboratory analysis. All the bidders knew that they were going to be subjected to laboratory analysis of their cake when the test did begin. So, it wasn't a big -- shouldn't have been a big surprise to anybody. Did you mention that everybody went to the pre-bid meeting? Okay. In any case, the -- the test went on and they produced, as our lab showed, 20.4 percent. The -- it's interesting enough, Weschem is the -- was the winning bidder. Weschem, they got a 21.39 percent solid cake. However, during the dial -- during your run up when they were trying to dial in the system as it were, they had one point where they were messing with the configuration that they got a 20.66, very similar to what Nalco got. Well, the reason that is is because they didn't have the system dialed in just exactly like they wanted. In fact, they said, you know what, we had to increase the polymer quite a bit to get it to your 21 percent. That's the reason the Meridian City Council August 25, 2009 Page 23 of 25 cost went up. If we take and back off the -- the numbers and say, okay, let's assume that Weschem is allowed to use their 20.66 percent, that's 26.8 percent less polymer, which means their bid would have come in at $66.71 under what Nalco came in. But that wasn't the parameters. Our floor was 21 percent. So, we wanted to have a level playing field for everybody and that's what we stuck with. So, that's pretty much it. We just -- we are trying to get the best playing field we had. We did establish the criteria, which was 21 percent, and we did establish the time that they had to get to that point. We let them have a day of run up to make sure they got it dialed and, quite frankly, it's unfortunate, but, quite frankly, the Nalco folks just couldn't make it work. Two bidders did make it work, two did not. De Weerd: Thank you. Council, any questions? Mr. Nary, do we need any kind of Council action on this? Nary: Yes, Madam Mayor. Just a couple more things. Nalco did advise I think the clerk's office today they would not be present for tonight's hearing. They felt that their letter of protest was representative of their claim. Yeah, we do need Council action. Basically, what's in front of you -- the allegation and the bid protest was that their -- they did have a representative bid, that they were the low bidder -- they would have been the low bidder. What they have indicated in their letter was that their trial period testing was sufficient to be counted as their bid. What's been presented now by the purchasing agent was the process that was gone through by all the parties and how that spec was determined by Public Works. Your evidence in front of you is that all of them were given a fair opportunity to provide this testing when the testing was done. Actually, Nalco did not -- the trial testing wasn't considered, it was only when the actual testing was done was what was considered for whether it was a qualifying bid. Theirs was not. If the Council wishes to accept that, then, you would, then, reject this protest that they were a non -response bidder and, then, go ahead and move forward to direct to award the bid to the lowest responsible bidder. If you accept Nalco's version of the circumstances, then, you can order -- in this circumstance all you could order is to reject all bids and rebid the whole project, because they wouldn't necessarily be lowest if they weren't the lowest responsive bidder during the test, but if they think the test was skewed or the process was skewed, you could direct that the entire process be done over. De Weerd: Okay. Council, any questions? Do I have a motion? Rountree: Madam Mayor, just a final question if I might. And this would be to Rich. You indicated that the specs were written that the lab results would be what determined and the reference in the letter from Nalco is that they believe theirs met the specs, but that was based on an assumption, anecdotal information they had after the test, something other than a certified laboratory analysis. Dees: Yeah. Madam Mayor, Councilman Rountree, indeed, we specified that the lab results would be the determining -- final determining factor whether they won or lost the bid. What they used is a thing called a moisture balance, which was the rough -- rough estimate of are you getting within the ballpark of applying the right amount of polymer Meridian City Council August 25, 2009 Page 24 of 25 for the bio solids. So, that's the number they were getting was about 21 percent and that's all they could say was about 21 percent. Well, it was precisely 20.4. Rountree: And I see nothing else in their response, other than they believe they performed and met the specifications, nothing about the test or otherwise. Madam Mayor, I would move that we reject this bid from Nalco as a nonresponsive bid. Hoaglun: Second. Rountree: And move to award to the lowest bidder. Hoaglun: Second that. De Weerd: Okay. Any discussion on that -- on that motion? Okay. Madam Clerk, will you, please, call roll. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carries. MOTION CARRIED: ALL AYES. De Weerd: Okay. Council, we are at the end of our agenda. I would invite Lieutenant Overton to share the good news, if you want to take a moment. Overton: I'm assuming when you talk about good news, Madam Mayor, Members of Council, you're referring to the national award that MADC was just given this week? De Weerd: Yes, indeed. Overton: This has been a year of awards for MADC and we pretty much thought it was over, but we got one more. Our original grant writer for the MADC, Bethany Gadzinski, the bureau chief with the State Department of Health and Welfare, submitted our organization with highest national organization and the highest award we could achieve for the MADC. They award between four and six coalitions or organizations each year and when she told us that she was entering our organization we said that's really great, but this is -- this is that long shot in the horse race and we got notified this week that we weren't the long shot, we aced it, and we won the national award and we have both members of our MADC, our director of our DFC grant and our part-time MADC director headed to Anaheim, California in September to accept the reward on behalf of the MADC. We will also get -- besides our paying for lodging, federal per diem, flights, the whole works, there is an unrestricted 1,500 grant that they are giving us, along with that national recognition, as well as being recognized in front of all these other folks as part of this national prevention council, so -- I didn't bring the paperwork, I could have read it right off of there, but it was pretty awesome. It's the biggest award we have won so far. We got to go international to top this. Meridian City Council August 25, 2009 Page 25 of 25 Rountree: Good job. Zaremba: Cool. De Weerd: Okay. Council, do I have a motion? Yes, Mr. Bird. Bird: Before we -- we all got invited to Thursday night at Spur Wing, a fund raiser for the Meridian Education Association. Invite all of you there. I think you all got your invitations. Hope you can make it. We would certainly enjoy seeing you. De Weerd: Okay. Do I have a motion to adjourn? Bird: So moved. Rountree: Second. De Weerd: All those in favor say aye. All ayes. MOTION CARRIED: ALL AYES. De Weerd: We are adjourned. MEETING ADJOURNED AT 8:30 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYOR 7A Y de WEERD DATE APPROVED ATTEST: C JAYCE /11 HOLMAN, CITY C I August 21, 2009 MERIDIAN CITY COUNCIL MEETING August 25, 2009 APPLICANT ITEM NO. 5-A REQUEST Approve Minutes of July 2, 2009 Special Budget Workshop Meeting AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY. POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: -SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted:- Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. August 21, 2009 MERIDIAN CITY COUNCIL MEETING August 25, 2009 h APPLICANT. ITEM NO: 5-B REQUEST Facility. Use. and Indeminty Agreement between Cyanergy and the City of Meridian for Nutrient Removal and,.Algae Growth Project at the City of Meridian Wastewater Treatment, Plant AGENCY COMMENTS CITY CLERK: 1 CITY ENGINEER: n. See attdched CITY PLANNING DIRECTOR: € a CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY -SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: r OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. k 4 5 FACILITY USE AND INDEMNITY AGREEMENT Between Cyanergy and the City of Meridian for Nutrient Removal and Algae Growth Project at the City of Meridian- Wastewater Treatment Plant This FACILITY USE AND INDEMNITY AGREEMENT is made this 25th day of August, by and between Maxine Prior on behalf of Cyanergy, LLC, a limited liability company organized under�the laws of the State of Idaho, whose address is 2254 W. Trestle Way, Meridian, Idaho (hereinafter."Cyanergy"), and the City of Meridian, Idaho, a municipal corporation organized under the laws of the State of Idaho (hereinafter "City"), whose address is 33 E. Broadway Ave., Meridian, Idaho. WHEREAS, purs t to the Work Plan I attached hereto as Exhibit A, Cyanergy seeks to work with the City of Meridian Public Works Department to complete a pilot study on wastewater, to -wit: reduction of nutrient levels in secondarily treated wastewater and the viability of using wastewater to grow algae for the purposes of extracting nutrients and producing b fuel; and WHEREAS, pursuant to the .Work Plan attached hereto as Exhibit A, the City of Meridian Public Works Department is willing to allow Cyanergy to access and use its facility and equipment for these purposes in return for a final report of Cyanergy's findings at the conclusionlof her project; NOW THEREFORE, in consideration of the recitals and mutual covenants; agreements, and inducements contained herein, the parties hereby agree as follows: A. Time of access a d use. Cyanergy shall be granted access toanduse of City facilities and equipment only during normal business hours and at such times expressly permitted by the Director of the City of Meridian Public Works `Department and his designee(s) ("Public Works"),. The selection and designation w of the personnel of City in the performance of this agreement shall be made by City. B. -Scope of access and use. Cyanergy's-access to and use of City facilities and equipment shall be limited to the uses set forth in the "Nutrient Removal and Algae Growth in Post Secondarily Treated Wastewater/Work Plan" attached hereto as Exhibit Anand incorporated herein by reference ("Work Plan7% as well as by all reasonable restrictions on'such access and use as shall be established by Public Works. - Cyanergy shall access and use City facilities and accomplish all work under this Agreement only insofar as such access and use is consistent with the requirements and standards established by applicable federal, state and city ' laws, ordinances, regulations and resolutions. INDEMNITYAGREEMENT s- CYENERGY WASTEWATER RESEARCH PROJECT PAGEL 1 OF 10 r C. Preservation of health and safety.`-` Cyanergy represents and warrants that it is, and all of its members, agents, and employees are, fully qualified to, and shall, perform the project and all components thereof as described in the Work Plan in accordance with generally accepted industry standards and practices. Neither Cyanergy nor any byproduct or component of its -project shall in any way harm or endanger the health, safety, and/or welfare of Cyanergy members, agents, or employees; any member of the public; and/or City staff. Neither Cyanergy nor any byproduct or component of its project shall damage, endanger, or affect City facilities or equipment or the operation of City facilities or equipment. D. Time of performance. This Agreement shall become effective upon execution by both parties, and shall expire upon October 31, 2009, unless sooner terminated or extended as provided herein. E. No coinP ensation Except as expressly set forth herein, neither Cyanergy nor City shall be entitled to receive any compensation, salary, wages, or other type of remuneration for deliverables rendered under this Agreement. H. INDEMNIFICATION. A. Indemnification. In consideration of Cyanergy's access'to and use of City facilities and equipment to complete the project as described in the Work Plan, Cyanergy shall, and hereby does, indemnify and save and hold harmless City from and for any and all losses; claims; actions; judgments for damages; injury to its members, agents, or employees, other persons, or property;and/or losses_ and expenses caused or incurred by Cyanergy and not caused by or arising out of the tortious conduct of City of Meridian. Cyanergy acknowledges that accessing or using City facilitiesand equipment carries a risk of injury and/or death, and assumes these and any and all other risks and hazards of such activity and any activity related thereto. Cyanergy forever waives and releases, on behalf of itself, its members, its agents, its employees, and their heirs, executors, administrators, assigns, and/or personal representatives, any and all claims and/or rights for damages Cyanergy'and its members, agents, and/or employees now has or may hereafter have agauist the City of Meridian and/or its employees, elected officials, agents, guests, and/or business invitees, suffered in connection with or arising out of Cyanergy's access to and use of City facilities and/or any activity related thereto and not caused by or arising out of the tortious conduct of the City of Meridian or its employees. B. No coverage provided. Cyanergy acknowledges that the City of Meridian shall not provide for "Cyanergy or for its members, agents, or employees any insurance or coverage of any kind, whether financial, medical, or otherwise, for, any accidents, injuries, illnesses, losses, or damages that result during or arise out of, Cyanergy's actions hereunder and/or any activity related thereto. INDEAWRYAGREEMENT— CYENERGY WASTEWATER RESEARCHPROJECT PAGE 2 of 10 a; C. Waiver. Cyanergy and its members, agents, and employees waive any and all claims and recourse against`City, including thexight of contribution for loss and damage to persons or property arising from, growing out of, or in any way connected with or'lincident to' Cyanergy's performance of this Agreement, whether such loss or damage maybe attributable to known or unknown conditions, except` for liability caused by or arising out of the tortious conduct of the City of Meridian or its employees. D. Worker's compensation. Cyanergy shall not be required by this Agreement to obtain worker's compensation insurance because its member, Maxine Prior, will be acting as a sole practitioner; however, should Cyanergy, in the course of work related to this Agreement,"employ any person, Cyanergy shall notify City immediately and shall obtain worker's compensation insurance in the statutory limits as required by law. III. GENERAL PROVISIONS. > x A. Relationship of Parties. Cyanergy is, and its members, agents, and employees are, neither an independent contractor(s) nor an employee(s), agent(s), joint'' venturer(s), or partner(s) of City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Cyanergy and City or any official, agent, or employee of City; or between any Cyanergy member, agent, or employee and the City or any official, agent, or employee of City. B. Termination. If, through any cause, Cyanergy fails to comply with the terms of this Agreement, violates any of the covenants, agreements, and/or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, and/or if the City Council ,determines that termination of this Agreement is in the best interest of City, City shall thereupon have the right to immediately terminate this Agreement; by providing written notice to Cyanergy of such termination. Cyanergy may, immediately terminate this Agreement at any time by providing written notice to City. Notwithstanding this or any other provision of this Agreement, Cyanergy shall not be relieved of liability to City for any damages sustained by City by virtue of any breach of this Agreement by Cyanergy. This provision shall survive the termination of this agreement. 11 x. C. Notices. Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed by United States Mail, certified, returnreceipt requested, addressed as follows: INDEMNITYAGREEMENT- CYENERGY WASTEWATER RESEARCHPROJECT PAGE 3 OF 10 1. Entire Agreement. ThisAgreement'coAtains the entire agreement of the parties and supersedes any, and all other agreements or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. J. Advice of Attorney, Each party warrants and represents that in executing this Agreement, it has received independent legal advice from its attorney and/or has received the opportunity to seek such advice. K Applicable Law. The laws of the State df Idaho shall govern the validity, interpretation, performance and enforcement of this Agreement. Venue shall be in the courts of Ada County, Idaho. IN WITNESS WIJEREOF, the parties shall cause this Agreement to be excc�ted by their duly authorized officer's to be effective as of the day and year fast 'above written. CYANERGY: STATE OF Idaho ss: County of a4_ - ) I HEREBY CERTIFY that on this _Zj day of Maxine Prior a.,&.d . 2009,before the undersigned, a Notary Cyanergy, LLC ��ic in -the State of Idaho, personally appeared Maxine Prior, known to me to be the person who executed the said instrument, and acknowledged to me that she 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. I Plot 7— 7- -e4A"�4� Notkr� Pu% for Idph6 . Residing at 00; t.6 APU _�daho My Commission Expires: A111 j CITY OF MIERIDIAN: BY:, Tammy fW ./erd, Mayor AA Attest: 12 �& A - k Jaycee6lohnan, City Cleri C? Cb fill $n INDEA&FTYAGREEMUT- CYENERGY W.4=wATER RmEARaff PROJECT PAGE 5 OF 10 Exhibit A INDEMN17YAGREEMENT- CyENERGyWASTEWATER RESEARCH PROJECT PAGE 6 OF 10 a August 21, 2009 MERIDIAN CITY COUNCIL MEETING August 25, 2009 APPLICANT ITEM NO.' S -C REQUEST Acceptance Agreement with Clay Simons for Display of Artwork in Initial Point Gallery AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See attached CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: , CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL This ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL ("Agreement") is made this Why of August, 2009 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and Clay Simons, an individual person whose address is 4015 Glendale, Boise, Idaho ("Artist"). (City and Artist may hereinafter be collectively referred to as "Parties.") WHEREAS, the City desires that public art will be a component of Meridian City Hall and to that end, the Meridian Arts Commission issued the Call to Artists attached hereto as Exhibit A, seeking proposals for the display of artwork in Initial Point Gallery, an art gallery on the third floor of Meridian City Hall, the address of which is 33 E. Broadway Ave., Meridian, Idaho ("Initial Point Gallery"); WHEREAS, in response to the Call to Artists, Artist did submit a proposal, comprised of the materials attached hereto as Exhibit B ("Proposal"), for the display of artwork in Initial Point Gallery; WHEREAS, on February 9, 2009, the Meridian Arts Commission ("Commission") reviewed the responses to the Call to Artists, selected Artist's work for display based on the Proposal, and recommended to the Meridian City Council that Artist's artwork, as depicted in the Proposal, be displayed in Initial Point Gallery; WHEREAS, at its regular meeting on February 10, 2009, the Meridian City Council adopted such recommendation and directed the Commission to work with Artist to establish a display of Artist's artwork in Initial Point Gallery; and WHEREAS, the Parties acknowledge that Meridian City Hall is primarily a place of public business, that Initial Point Gallery is a public place, and that while the City seeks to encourage artistic expression and public dialogue, the City must simultaneously ensure that Meridian City Hall is a place where citizens, employees, and visitors of diverse ages and perspectives feel welcome and comfortable; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, the Parties agree as follows: I. SCOPE OF SERVICES. Artist shall personally deliver to Initial Point Gallery, on August 28, 2009, at 9:00 a.m., or at such time and date as is mutually agreed-upon by the Artist and the Gallery Curator, approximately twenty (20) mixed media pieces, which pieces shall substantially conform to the description of such artwork set forth in Exhibit B hereto. Artist shall be responsible for hanging such artwork on August 28, 2009 at the direction of the Gallery Curator; shall allow the display of such work in Initial Point Gallery from August 28, 2009 to September 25, 2009 in accordance with the terms of this Agreement; and shall be responsible for removal of such artwork on September 25, 2009, at 9:00 a.m., or at such time and date as is mutually agreed-upon by the Artist and the Gallery Curator. ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE I of 6 II. COMPENSATION AND SALE OF ARTWORK. A. No compensation. Artist shall display his artwork in Initial Point Gallery at the pleasure of the Meridian City Council. , City shall not provide compensation to Artist for services, work, and/or any activity undertaken pursuant to or related to this Agreement. B. Sale of artwork. Artist may, at the direction of and in the manner established by the Gallery Curator, passively offer the artwork on display in Initial Point Gallery for sale. No price shall be displayed on or be proximate to any artwork on display in Initial Point Gallery. City personnel shall not facilitate in any way the sale of Artist's work; any transaction related to the sale of artwork shall be handled solely by Artist. Artist acknowledges the Commission's request that Artist voluntarily donate to the Commission twenty percent (20%) of proceeds from any artwork sold due to its display in Initial Point Gallery. Upon the sale of a piece of artwork on display in Initial Point Gallery, Artist may remove such artwork from the Gallery, provided that Artist replaces the removed piece with another piece of artwork within twenty- four (24) hours of such removal. Artist shall coordinate the removal, replacement, and/or substitution of any and all artwork with the Gallery Curator prior to such activity. III. TIME OF PERFORMANCE: Artist shall provide services described in this Agreement in a timely manner, as described herein. Artist acknowledges and agrees that time is strictly of the essence with respect to this Agreement, and that the failure to timely perform, any of the obligations hereunder shall constitute a default of this Agreement. IV. INSTALLATION. A. Coordination with Curator. Prior to the installation, removal, replacement, and/or substitution of the display in Initial Point Gallery or any portion or component thereof, Artist shall coordinate any and all such activity with the Gallery Curator. B. Inspection of display. Prior to or after installation, the Gallery Curator and/or the City may inspect and/or review the artwork proposed by Artist for display in Initial Point Gallery to ensure compliance with all criteria set forth in the Call to Artists attached hereto as Exhibit A, and the Application and Acknowledgements Form attached hereto as Exhibit C, as well as to ensure that such artwork may be safely and appropriately displayed in Initial Point Gallery. If the Gallery.Curator or the City concludes that the display or any portion or component thereof does not meet the criteria set forth in Exhibits A and C, does not reflect artwork as described and depicted in the Proposal set forth in Exhibit B, or cannot be safely and/or appropriately displayed in Initial Point Gallery, the Gallery Curator or the City may require the immediate removal of such artwork from Initial Point Gallery. Further, the Gallery Curator or the City may require the immediate removal of such artwork from Initial Point Gallery where such removal serves the best interest of the City. ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 2 of 6 V. DISPLAY. A. Original artwork. Artist warrants that any and all artwork provided by Artist for display in Initial Point Gallery shall be, and is, original work conceived and created by Artist. B. Photographs of artwork. City may photograph the artwork displayed in Initial Point Gallery, as City may desire for purposes of advertising, marketing, and public information. Where practicable and to the extent of City's authority, Artist shall be acknowledged on each such photographic reproduction to be the creator of the original subject thereof, provided that photographic reproductions of artwork shall not be identified as or represented to be the finished artwork. C. Use of Artist's name. Artist hereby conveys to City permission to use Artist's name for purposes of advertising, marketing, and public information, without violation of Artist's rights of privacy or any other rights Artist may possess under this Agreement, provided that City shall not use Artist's logo, if any, for any purpose without the express, written permission of Artist. D. Use of City's name. City hereby conveys to Artist permission to use City's name for purposes of advertising, marketing, and public information, without violation of City's rights of privacy or any other rights City may possess under this Agreement, provided that Artist shall not use City's logo for any purpose without the express, written permission of the Mayor's Executive Assistant. E. Removal of artwork by City. City shall have the right to remove Artist's artwork from public display at any time and for any reason. Such removal may be temporary or permanent in nature. Where such artwork is or is intended to be removed from public display for longer than forty-eight (48) hours, City shall notify Artist in the manner set forth herein. While it is intended that Artist's artwork will be displayed in Initial Point Gallery for the period set forth herein, this period may be shortened by City for any reason, without notice to the Artist. F. Removal of artwork by Artist. Artist shall coordinate with the Gallery Curator the removal, replacement, and/or substitution of any and all artwork prior to such activity, whether such activity is necessary due to the sale of a piece or for any other reason. G. Simultaneous display. City may elect to display the work of more than one Artist or Organization in Initial Point Gallery at any time, at the City's sole discretion. The manner and arrangement of the display(s) in Initial Point Gallery shall.be determined by the Gallery Curator. VI. INDEMNIFICATION, WAIVER, AND INSURANCE. I A. Indemnification. Artist shall, and hereby does, indemnify, save, and hold harmless the City and any and all of its employees, agents, volunteers, and/or elected officials from any and all losses, claims, and judgments for damages or injury to persons or property, and from any and all losses and expenses caused or incurred by Artist, his servants, agents, employees, guests, and/or business invitees. ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 3 of 6 B. Waiver. Artist shall, and hereby does, waive any and all claims and recourse against City, including the right of contribution for loss and damage to persons or property arising from, growing out of, or in any way connected with or incident to Artist's performance of this Agreement, whether such loss or damage may be attributable to known or unknown conditions, except for liability arising out of the tortious conduct of City or its officers, agents or employees. C. Insurance Artist's responsibility. City shall not provide insurance to cover loss, theft, or damage of artwork displayed in Initial Point Gallery or to cover any activity undertaken by Artist in the furtherance of Artists' rights or obligations described herein. Insurance of the artwork; of the Artist's person, property, or interests; and/or of the Artist's employees or agents shall be the sole responsibility of 'Artist. Artist shall obtain all necessary insurance as may be required in order to protect Artist's insurable interests for its rights and obligations described within this Agreement, including; but not limited to, liability insurance, automobile insurance, worker's compensation insurance, and/or insurance of the artwork to be displayed in Initial Point Gallery. Artist shall bear any and all risks of, and actual, loss of, theft of, and/or damage to the artwork prepared for, transported to, transported from, installed or hung in, and/or displayed in Initial Point Gallery. VII. TERMINATION. A. Termination for cause. If City determines that Artist has failed to comply with any term or condition of this Agreement, violated any of the covenants, agreements, and/or stipulations of this Agreement, falsified any record or document required to be prepared under this Agreement, engaged in fraud, dishonesty, or any other act of misconduct in the performance of this Agreement; or if either Parry willfully or negligently defaults in, or fails to fulfill, its material obligations under this Agreement; the other Party shall have the right to terminate the Agreement by giving written notice to the defaulting party of its intent to terminate, and shall specify the grounds for termination. The defaulting parry shall have twenty-four (24) hours after receipt of such notice to cure the default. If the default is not cured within such period, y this Agreement shall be terminated upon mailing of written notice of such termination by the terminating parry. B. Termination without cause. City may immediately terminate this Agreement for any reason at any time without prior notice to Artist. C. Termination upon death or incapacity of Artist. This Agreement shall automatically terminate upon the death or incapacity of Artist. D. Non -waiver. A waiver of any breach or default of any provision of this Agreement shall not be construed as a waiver of a breach of the same or any other provision hereof. ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 4 of 6 I VIII. GENERAL PROVISIONS. A. Relationship of Parties. It is the express intention of Parties that Artist is an independent party and not an employee, agent, joint venturer, or partner of City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Artist and City or between Artist and any official, agent, or employee of City. Both parties acknowledge that Artist is not an employee of City. Artist shall retain the right to perform services for others during the term of this Agreement. B. Compliance with law. Throughout the course of this Agreement, Artist shall comply with any and all applicable federal, state, and local laws. C. Non -Discrimination. In fulfilling or exercising any right or obligation under this Agreement, Artist shall not discriminate against any person as to race; creed, religion, sex, age, national origin, sexual orientation or any physical, mental, or sensory disability. D. Entire Agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements, promises, or inducements made by either party, or agents of either party, whether oral or written, and whether previous to the execution hereof or contemporaneous herewith. The terms of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. E. Agreement governed by Idaho law. The laws of the State of Idaho ..shall govern the validity, interpretation, performance and enforcement of this Agreement. Venue shall be in the courts of Ada County, Idaho. F. Cumulative rights and remedies. All rights and remedies herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law. Likewise, the exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of any other remedy. G. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. H. Successors and assigns. Artist shall not subcontract or assign any of Artist's obligations under this Agreement that require or that may require his artistic talent or expertise. Artist may subcontract or assign obligations that do not require his artistic talent or expertise. All of the terms, provisions, covenants and conditions of this Agreement shall inure to the benefit of, and shall be binding upon, each party and their successors, assigns, legal representatives, heirs, executors, and administrators. I. Notice. Any and all notice required to be provided by the Parties hereto, unless otherwise stated in this Agreement, shall be in writing and shall be deemed communicated upon mailing by United States Mail, addressed as follows: ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 5 of 6 Artist: Clay Simons 4015 Glendale Boise, Idalio 83703 (208) 841-9058 N Gallery Curator: Dwight Williams Meridian Arts Commission 33 E. Broadway Ave. Meridian, Idaho 83642 (208) 887-6473 dwight5332@q.com Ow. Emily Kane, Deputy'City Attorney City of Meridian 33 E. Broadway Ave. Meridian, Idaho 83642 (208) 898-5506 ekane@meridiancity.org Any party may change its respective address for the purpose of this paragraph by giving written notice of such change in the manner herein provided. J. City Council approval required. The validity of this Agreement shall be expressly conditioned upon City Council action approving the Agreement. Execution of this Agreement by the persons referenced below prior to such ratification or approval shall not be construed as proof of validity in the absence of Meridian City Council approval. IN WITNESS WHEREOF, thearties ,�— hereto have executed this Agreement on the S p day of ,,2009. 11 Clay S STATE OF IDAHO ) // ) ss: County of /}UCL ) ,y I HEREBY CERTIFY that on this /S/`day of - u —� 2009, before the undersigned, a Notary' Public in the State of Idaho, personally appeared Clay Simons, known to and to be the person who executed the said instrument, and acknowledged to me that she executed the same. 4 IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. ary Public Idaho Residing at -0-'daho My Commission Expires: 4 CITY OF MERIDIAN: BY: Tammy d e rd, Mayor Attest: 65 yEc e LeJ& lman, 17 6er ACCEPTANCE AGREEMENT r INITIAL POINT GALLERY DISPLAY j u' ►1►��;'O, F SEAL = �,,� �,9 T iso • Q�?��• �����1111111111�� PAGE 6 of 6 t Exhibit A h Meridian Commission Call for Artists: 2009 INITIAL POINT GALLERY SERIES OVERVIEW: The Meridian Arts Commission (MAC) seeks proposals for the 2009 Initial Point Gallery Series, a series of two-month exhibitions in Initial Point Gallery. Initial Point Gallery is located on the third floor of Meridian City Hall (33 E. Broadway, Meridian, Idaho), and is open to the public during City working hours. Initial Point Gallery provides 120 feet of total wall space -60 feet on either side of a generous space; featured artists or organizations must be prepared to fill all or half of the gallery with their works. MAC requests that artists voluntarily donate to MAC 20% of proceeds from works sold due to their display in Initial Point Gallery. ELIGIBILITY: The 2009 Initial Point Gallery Series is to be comprised solely of professional -quality, ready -to -hang, two-dimensional, original art that is, conceived and created by artists who live or work in Idaho's Treasure Valley. Artwork on paper and/or with mats must be under glass or acrylic. No piece will be displayed which: cannot be safely hung using the gallery's system; requires unusual maintenance, handling, or security; or is disruptive or likely to offend the sensibilities of the general public. Each piece to be displayed will be evaluated for its compliance with these general requirements; selected artists or organizations will be asked to 'enter into an Acceptance Agreement with the City setting forth specific conditions of display. PROPOSAL REQUIREMENTS: Artists or organizations wishing to display work in the 2009 Initial Point Gallery Series must provide the following materials and information to MAC in order to be considered for selection. Completed, signed Application Et Acknowledgements form; Biography of the artist or informational statement regarding organization; • Letter of intent; Up to five digital images representational of the artist/organization's work, 'on a CD; and • $35 gallery maintenance fee. Details and forms are available at the City's website, http://www.meridiancity.org or by e-mail request to mac@meridiancity.org. Materials submitted for consideration cannot be returned. DEADLINE: All proposals must be received by MAC by 5:00 p.m. on Friday, February 6, 2009. SELECTION PROCESS: The selection of art for the 2009 Initial Point Gallery Series will be made by MAC. MAC will notify a selected artist or organization that their work has been chosen for display in Initial Point Gallery by letter sent U.S. Mail. In reviewing eligible proposals or portfolios, the following factors will be considered: • Quality of work; ` • Appropriateness of subject and concept for a functioning government workplace; • Consistency with City policy and community values; and • Contribution to aesthetic and cultural atmosphere of Meridian City Hall. RESOURCES PROVIDED UPON SELECTION: The City of Meridian will provide selected artists/organizations with the following resources: • Skilled, experienced volunteers to assist with hanging and taking down each piece of artwork; • Track system for hanging art, using wires that are attached to hooks; • Space for artist information and/or an information board; and • Publicity of the exhibit through local media and other informational forums. CONTACT MAC: By mail: Meridian Arts Commission Attn: 2009 Initial Point Gallery Series 33 East Broadway Meridian ID 83642 By e-mail: mac@meridiancity.org Exhibit B MeriCi3Cli'1 CC)It'1mission --Application Er'Acknowledgments: 2009 INITIAL POINT GALLERY SERIES ARTIST/ORGANIZER CONTACT INFORMATION: Check one: dam submitting this form as an individual artist. ❑ 1 am submitting this form on behalf of an organization. Artist/Org. Name: 4;ZM1PWS Organizer name: E-mail address: Mailing Address: Physical Address - Phone numbers: Day: Evening: APPLICATION OVERVIEW Check one: ;�?/we propose to fill one half of Initial Point Gallery with artwork. ❑ Uwe propose to flit the entire Initial Point Gallery with artwork. Number of pieces: FJ Average size of pieces: APPLICATION MATERIALS: ❑ Completed, signed Application ii Acknowledgements Form ❑ Biography of artist or informational statement regarding organization, no longer than one 8'/z x 11" page; ❑ A letter of intent, describing: a. Artist/Organization's vision for and/or theme of the proposed display; b. Number; dimensions, prices, and medium or media utilized in the works to be displayed; c. Any publicity that the Artist/Organization plans to undertake if selected; and/or d. Any atypical issues or challenges regarding hanging -or display of the works proposed for display. ❑ Up to five digital images representational of the artist's/organization's work on a CD, resolution of 303 dpi at a minimum size of 5x7", in .jpg format. Please name each image file with artist last name or organization name and the title of the work (e.g.: name.title.jpg). Materials submitted will not be returned. Damaged or non-comptiant CDs and/or images will not be considered. Images will not be accepted via e-mail. ❑ $35 gallery maintenance fee, check made payable to the Meridian Arts Commission. This fee is nonrefundable. HANGING INFORMATION: Initial Point Gallery is equipped with a track system for hanging exhibits. Artwork displayed in the gallery will be hung from cables using hooks, and therefore must be equipped with one D ring on the back of the frame, or two D rings on the side rails on the back of the frame, as illustrated below. Wires or eyehooks may not be used for hanging, and clip frames are not allowed. PERIPHERY LANDMARKS My intention is to slow the pace at which one travels through life with abstract expressions. The periphery becomes front and center, and one can be entertained or enjoy contemplative thinking by encountering a glimpse or a whisper of a past experience. I attempt to share my collective memories and hope to provide a glimmer of landmarks or similarities we can celebrate. One may glance at a leaf -bare tree or the structure of a leaf, images we share. Rather than using our receptors to zoom to future destinations, I hope to shift the viewer to the joy of the journey. After birth our senses are inundated with nature, people, school systems, museums, travel, and the media. I gave up television thirty years ago and my mind still carries tunes from ads seen as a child. Past exper- iences attract us to certain shapes and colors. We all like horses, fish or moose but seen redundantly they become like so much wallpaper. I try to combat a capitalistic , mass marketing approach, with everyone thinking they want - the same as everyone else, by creating unique, innovative, one -of -a -kind pieces, adding humor and mystery in this world of vacuum sameness. My art is an alley away from a media -driven, tc ARTIST'S PROFILE Through hands-on experience and a great love of books, I am self-taught and still enrolled in the school of hard knocks. I have assisted clients in all phases of home construction and remodeling including straw bale and timber frame. I built wooden boats in Olympia, crafted rocking horses for the farmer's market in Las Cruces, manufactured and sold furniture through the Artist's Cooperative in Flagstaff, and have participated in Arts and Crafts shows in Idaho and Montana. While rebuilding a house in Seattle, the owner's desire for a steel stair railing led me to welding. The inability to find knobs for the new kitchen cabinets brought about my introduction to enamel as a finish on steel after a study of forty or more samples with a variety of paint finishes and patinas. I am involved in every step of my process from design to completion. I could not envision the release of a design or model to factory production. I might sketch for hours trying to define a form in my head, a bit like scratching an itch, or I might go into the shop and begin direct assembly. I don't use conventional measuring systems; my concerns are with proportion, form, scale and a fairness of line. The relationship of structure and skin can dictate the path I follow, and guidelines emerge jointly from heart and mind. I attempt to incorporate the abandoned or forgotten in my peripheral landmarks. Each finished work represents forging steel, copper and enamel into a physical mind's eye view. t If you have traveled by train or taken a hike, perhaps there will be a,connection as you view my work' I hope you will be engaged, slowed, and enriched. Remember, goo rt won't match your sofa. GUIDE TO LANDMARKS CLAY SIMONS 4015 W Glendale St. BOISE ID 83703 #208-841-9058 1. ACCOUTREMENT 12"H, 13"W, 3"D STEEL, COPPER, ENAMEL, GLASS $275 2. BLUE TOOTH 161'H, 11"W, 2.5"D STEEL; -COPPER, ENAMEL $450 3. CARAPACE 43"H, 9"W, 1.5"D STEEL, COPPER, ENAMEL $575 4. COLLARED GREENS 20"H, 14"W, 3"D STEEL, COPPER, ENAMEL, WOOD $525 5. ENDANGERED 51"H, 14"W, 17D STEEL, FOUND OBJECT, ROCK 3D1NA 6. ESCUTCHEON DIVA 19"H, 19"W, 2"D COPPER, ENAMEL $375 7. FALL 38"H, 6"W, 1"D (TWO SIDED) STEEL, COPPER, ENAMEL $300 8. HELL IN A HANDBAG 7"H, 8"W, 4"D COPPER, ENAMEL $150 9. HOMECOMING 16"W, 22"W, 1.5"D STEEL, COPPER, ENAMEL $450 10. JIMMY CRACKED CORN 22"H, 18"W, 3"D COPPER, ENAMEL 11. MARRIAGE 10"H, 15"W, 1.5"D COPPER, ENAMEL 12. NOTHIN' 18"H, 25"W, 1"D STEEL, COPPER, ENAMEL 13. PARADIGM 10'"H, 13"W, 1"'D STEEL, COPPER, ENAMEL 14. PENTARUNES 6"H, 5"W, 2"D (EACH) STEEL, COPPER, ENAMEL 15. PICKLED 23"H, 12"W, 1"D STEEL, COPPER, ENAMEL 16. PIPE DREAM 21"H. 19"W, 3"D STEEL, ENAMEL 17. SHOO FLY 10"H, 12"W, 2"D COPPER 18. WRONG ADDRESS 16"W, 23"W, 2"D STEEL, COPPER, ENAMEL $225 $275 $250 $250 $300 $325 $75 3D/NA $325 Exhibit C ACKNOWLEDGMENTS: hereby acknowledge the following stipulations and agree that 'if my/my organization' art work is selected for display at Initial Point Gallery, such display shalt occur subject to these general terms and conditions, as welt as subject to other specific term's and conditions that shalt be set forth in a separate, writ err Acceptance Agreement between myself and the City of Meridian. I specifically acknowledge that: AAI A. Before my work will be displayed in Initial Point Gallery, I will be required to enter into an Acceptance Agreement with the City of Meridian establishing the specific terms and conditions of the display of the particular works displayed. B. If my work is selected for display in Initial Point Gallery, the City of Meridian and its agents will exercise professional care in handling and securing all artwork displayed in Initial Point Gallery, but cannot and will not assume liability for any loss or damage. C. Any insurance of the art work displayed in Initial Point Gallery shalt be the sole responsibility of the ' artist. The City of Meridian shall not provide insurance to cover loss, theft, or damage of artwork displayed in Initial Point Gallery. XD. While art work displayed in Initial Point Gallery may be passively offered for sale by means of art `" informational table, board, or handout as provided or allowed by the City of Meridian, no piece displayed in Initial Point Galley may have a visible price tag. SE. While it is intended that each exhibit in initial Point Gallery will be displayed for a one- to two-month '"'T period, this period may be shortened by the City of Meridian for any reason, without notice to the. artist or organization. F. The City may display the work of more than one artist or organization in Initial Point Gallery at any time, at the City's sole discretion. G. Artwork submitted for display in Initial Point Gallery must be original works conceived and created 'by the artist (or by artist members of the organization) submitting this application. H. Meridian City Hall is primarily a,place of public business and Initial Point Gallery is a public place. The '"` City seeks to encourage artistic expression and public dialogue, but must simultaneously ensure that City Hall is a place where citizens, employees, and visitors of diverse ages and perspectives feel welcome and comfortable. To this end, only artists and art work meeting the eligibility standards described in the Call for Artists rand following the terms set forth in the Acceptance Agreement shall be displayed in Initial Point Gallery. 1 do acknowledge an dens d each and all of the foregoing stipulations and do agree to these general terms and conditions. Signature: Print name: L ;eAf!�- _ Date: To propose an exhibition in Initis Point Gallery, please submit this form, completed in full, with the required materials and fee, via U.S. mail, to: Meridian Arts Commission Attn: Initial Point Gallery 33 East Broadway Meridian ID 83642 Thank you for your interestl August 21, 2009 MERIDIAN CITY COUNCIL MEETING August 25, 2009 APPLICANT ITEM NO. 5-D REQUEST Order for Time Extehsion Request for One Year Development Agreement for Shops at Victory AGENCY' COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See attached CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: } CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY, CENTRAL DISTRICT HEALTH: NAMPA"MERIDIAN IRRIGATION: , SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. s ss BEFORE THE MERIDIAN CITY COUNCIL a' IN THE MATTER OF THE REQUEST FOR ) Case No. AZ 08 -007, -CUP 08-011 DEVELOPMENT AGREEMENT EXTENSION ) ALT 08-012 FOR THE SHOPS AT VICTORY ) ORDER GRANTING A By ) TIME EXTENSION FOR THE SIGNING OF THE DMG Real Estate Partners,'LLC ) DEVELOPMENT AGREEMENT Applicant. ) a This matter coming on regularly before the City Council on August 11, 2009, upon the Applicant's request for an extension of time in which to sign -the development agreement in this matter which was required with the approval ,for annexation by certain Findings of Fact and Conclusions of Law on September 9, 2009. The Unified Development Code currently requires development agreements to be signed within one year of the date of approval. Meridian Planning Department staff presented a request by Mr. Brian Ballard, the attorney for the owners of the referenced development, to extend the period of time required to sign the development agreement. In his request Mr. Ballard states that his clients intend to fully comply with the provisions of this agreement;' however, extenuating circumstances preclude • them from signing the agreement within the mandated one year deadline. Upon reviewing the request and conditions outlined in Mr. Ballard's letter, staff recommends and d supports a time extension for an additional year for the owners to sign the development agreement. 11 ORDER GRANTING A TIME EXTENSION FOR THE SIGNING OF A DEVELOPMENT AGREEMENT — PAGE 1 OF 2 s IT IS HEREBY ORDERED AND THIS DOES ORDER THAT: The above named Applicant is granted an additional extended period of time, until September 9, 2010, within which to sign'the development agreement in this matter. By action of the City Council at its regular meeting held on the 25' day of August, 2009. 0 ROLL CALL: COUNCILMAN DAVID ZAREMBA VOTED "COUNCILMAN BRAD HOAGLUN VOTED L c - COUNCILMAN CHARLIE ROUNTREE VOTED L4,a-- COUNCILMAN KEITH BIRD VOTED ,_jf.& MAYOR TAMMY de WEERD (TIE BREAKER) VOTED DATED: MOTION: APPROVED: V DISAPPROVED: MWIRR MY de WEERD ATTEST: T � O 8]CAL JAYCEE4. HOLMAN, CITY CI9ER w '% 90 �r �s� • , ,�`� f rni 111+1„���� Copy served upon Applicant, the Planning and Zoning Department, Public Works Department, and City Attorney. By: Dated: City erk,s ice ORDER GRANTING A TIME EXTENSION FOR THE SIGNING OF A DEVELOPMENT AGREEMENT - PAGE 2 OF 2 f A . a HAWL■ Y 0 ATTORNEYS AND COUNSELORS TROXELL Hawley Troxell`Ennis & Hawley LLP 877 Main Street, Suite 1000 P_O. Box 1617 L Boise, Idaho 83701-1617 208.344.6000 www.hawleytroxell.com BRIAN L. BAU.ARD ADMr= TO PRACTICE LAW IN IDAHO bbaRard@hawleytroxeU.com DIRECT DIAL 248.388.4868 DtRFcr FAx: 248.954.5203 July 28, 2009 r 5 T Anna Canning y ,' Planning Director 33 E Broadway Ave. Suite 210 Meridian, Idaho 83642 Re:.- Shops at Victory: A -Z-08,-007; PP -08-006; CUP -08-011; ALT -08-012 r, SEC Victory & Eagle, Meridian, Idaho ¢ Dear Anna: Thank you for meeting with me and Megan O'Dowd, my summer intern, on July 27, 2009. And thanks also to Sonya Watters and Pete Friedman for attending. As I mentioned in our meeting, this firm represents DMG Real Estate Partners, LLC ("DMG"), as the Developer, and the members of DMG are Greg Goins and Dave McKinney.. I am writing this letter primarily to set forth a request for an extension of time under Meridian City Code § 11 -5B -3D(2) which provides that the "development agreement shall be signed by, the property owner and returned to the city within one year of the city council granting annexation and/or rezone. As we discussed, there appears to be no particular procedure°for requesting an extension of the time period within which a DA is to be signed after city council approval. Whereas there is some provision.in other City code sections (e.g., for a CUP), under which an.automatic extension of up to IS months might be given administratively, there is simply no corresponding provision for the extension requested in this letter. Circumstances prompting this request are: (i) the overall economy; (ii) the'overall delay in key tenant'development timing; (iii) a pending lawsuit affecting the subject property current ownership, with a lis pendens (lien) 'recorded,which creates a cloud upon title; (iv) the difficulties presented in meeting a DA provision requiring a recorded ROS prior to approval of the annexation ordinance, and (v) the additional costs attendant to filing a petition as would be done in, for example, a request to amend an already signed DA. } 42795.0007.1609503.2 Anna Canning July 28, '2009 Page 2 _ a It would appear, following our discussion, that all of the foregoing circumstances maybe resolvable. It might even be that there is enough time available under the current deadline to pursue one of the following:. t= 1. Present this request`to the City Council, following a check with the City's Attorney's office, to see if the extension might properly be given either administratively or by the City Council, upon petition, but without the need to follow the formal procedures as would be necessary, for example, if this were a'request for a DA modification. The points in favor of this approach include that this is more in the nature of a ministerial action, as the DA has not been signed and no modification of the DA is requested. It is just a request for an extension of time within which to return a°signed I?A. 2. Allow this leiter to act a`s a pending request, with a,"stand still" until your office is able to complete an revision to the Code, to.address,the issue, and allow for an administrative approval of this kind of extension request, and/or to otherwise address the lack of a procedure for making an extension request. Certainly, if it is within the discretion of the City Council as to when to give notice that the period for signatureyof a DA is about to expire before there will be an actual expiration, it may also be that there is discretion to not give such a notice pending an amendment to the Code which will establish a procedure for making such a request. E 3. Follow a procedure essentially the same as would be followed for a DA modification, with the understanding that no modification Is actually sought, and that the terms and conditions of the DA are not at issue.- Rather, the only thing at issue would be a request for an extension of time within which the DA needs to be signed and returned.. I look forward to our follow up discussion following your receipt hereof. Thank you again for your courtesy in meeting with us. Very truly yours, HAWLEY TR©) 7 L. ENNIS & HAWLEY LLP 3 i 42795.0007.1609563.2 ,a t ro J r ` a Anna Canning July 28, 2009 Page 3 Developer and Owner Consents: DMG REAL ESTATE PARTNERS, LLC, AXELROD LIVING TRUST an Idaho limited liability comipany U!T/A DATED 914/1986 ANDA / 006 By: LDM Real Estate Services, LLC By: an Idaho limited liability company Charles D. Axelrod, Manager and Member Trustee L. David McKinney, Member - By: Goins Development Co., LLC, an Idaho limited liability company Member y; �PGr�egCjoin�s Member 4 1 • F: Mayor Tammy de Weerd City Council Members: Keith Bird E IDIANis Brad Hoaglun Charles Rountree H 'O David Zaremba F .. s August 18, 2009 i MEMORANDUM t T0: Mayor De Weerd City Council FROM: Pete Ffiedman RE: Request for Development Agreement Time Extension for the Shops at Victory- AZ-080007; CUP-08-011; ALT-08-012 j At the regular City Council meeting on August 11, 2009, Planning Department staff presented a,request by Mr.. Brian Ballard, the attorney for the owners of'the referenced development, to extend the period of 'time required to sign the Development Agreement. The Unified Development Code currently requires development agreements to be signed within one year of* the date of approval.. In his request (letter attached), Mr.,`Ballar'd stated that his clients intend to fully comply with provisions ofthe agreement, however, extenuating circumstances preclude them from signing the agreement within the mandated one year deadline. Vpon reviewing the request and circumstances outlined in Mr., Ballwd's letter, staff recommends and supports a time extension for an additional one year for the°owners to sign the development agreement. Y F F F # Planning Department . 660 E Watertower Street, Suite 202, Meridian, ID 83642 Phone 208-884-5533. Fax 208-888-6854 , www.meridiancity.org ` � U August 21, 2009 MERIDIAN CITY COUNCIL MEETING -August 25, 2009 i APPLICANT ITEM NO. 5-E REQUEST Revised Proposal from Nampa Paving & Asphalt Co. for ACHD 2009 Federal Overlay Project to Adjust 22 Valve Boxes, 2 Blow Offs and Place Concrete Collars over the Roadway for $8,700.00 .AGENCY COMMENTS i CITY CLERK: CITY ENGINEER: See attached CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT:. CITY SEWER DEPT: CITY PARKS DEPT: P MERIDIAN SCHOOL DISTRICT:' fi ADA COUNTY HIGHWAY DISTRICT: SANITARY, SERV ICE COMPANY r CENTRAL DISTRICT HEALTH: r NAMPA MERIDIAN IRRIGATION: ' SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: ' Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. a: July 20, 2009 MEMORANDUM To: Becky Licari From: John Boyd, Engineering Technician 11 �� CQ File Re: Proposed Agenda Item for July 28, 2009 City Co6ncil Meeting The Public Works Departrri6nt respectfully requests the following item be placed on, the July 28, 2009 City Council Consent Agenda for the Council's consideration: ACHD 2009 Federal 0v@-da-yProject -Qg0g1ge 'yrs Q - §lMet R-ftision ACHD hasrevised one of the roadways,that was included in the original 2009 Overlay Project. Linder Road from Ustick Road to 1,300' south of McMillan Road has been deleted and exchanged for Locust Grove from 1400' N. of McMillan to Chinden - Blvd. -Tl previously requested amount of $6,100 has increased -due to this roadway having nine (9) more valves and an additional blowoff within its limits. Attached is a Reviied Proposal from Nampa Paving & Asphalt Co, to; adjust the 22 valve boxes and 2 blowoffs and place concrete collars over them within tl e'follov ng roadways: Linder Rd - 3,300' north of McMillan Road to Chinden Blvd. McMillan Road - 675east of Meridian Road to Locust Grove Road Locust Grove - 14W N. of McMillan to Chinden'Blvd The revised proposal is for $8,700 of which $6, 100 had been previously approved at the AP61 2e Council Meeting. PO #09-0282 has been issu6d for this project and -the funding will come from account #3490-96140 Waterline Extensions which has been verified to have adebivate monies available, Recommended'Council Action: - The Public Works Department recommends that City Council approve the Revised Proposal from Nampa Paving & Asphalt Co. to adjust twenty-two (22) valve boxes and two (2) blowaft and place concrete collars over them; wn the roadways to be overlaid as part of the ACHD 2009 Federal Overlay Project for the tft revised amount of Thankyou forybur consideration. Please feel free to • you any questions. E - Z;Jsmd�*� g V I * Page 1 Proposal 1 444 W. Katcher Nampa, ID 83687 ij I AVWI 0 Phone (208) 466-4051 8,09 1 AOI Fax (208) 466-4071 IDPW'12270-AAA-1-2 U ; PROPOsAl. SURVIMP TO! FRONT DAT THF, Crry OF MERIDIAN 898-5500 x 564, 1 PaLye I of I The following-proosal ivpresents all costs required to construct water valve collars as required by the City of Meridian. PESCRIPTION E . . ......... "Jildr -,T Y I7, 2i AMR 33 E. Broadway Ave.. Ste 200 Federal Aid - ACHD Overlays Cfff. %rAI E AND LIP CUDE Jols UX�ATM Meridian ID 83642 ARCHITECT DA` P Or PLVZS Various locations in Ada County MAIL — ------- -- i2irl . valve cluster collar Ak�ix The following-proosal ivpresents all costs required to construct water valve collars as required by the City of Meridian. PESCRIPTION . . ......... "Jildr -,T Brent Lotridge, 9 -v-alve ehu—ster collar— i . .. . . .. ...... set I# . valve cluster collar ............ . . . . . . ........... luster collar EM: WVa--tve cluster collar U—moff Collar wtvalve VINEEErI Oirim psymmt to Ix me,& -rAIO— I by apt wh4 --I Ow, 10"' of the fot month—All un*d balsoc" may *a*= intamt at hi eat Igal am dur, t MIC 716's propmw &a nit Suaftaw wixt can tx wmplcftd as Schodulca .Uowancc of PMPO&4 Au*ari2od `Tire Ames j;rices, spxifioMions and "m&ims am satisfactory Sod WV 'U—Twd by Brent Lotridge, Date. . .. . . .. ...... ... .... . ............ ..... . ... . .... ..... . 4 August 21, 2009 MERIDIAN CITY COUNCIL MEETING August 25, 2009 ,. APPLICANT ITEM NO. 5-F REQUEST Acceptance Agreement with Julie Clemons for Display of Artwork in Initial Point Gallery , � R AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: „=CITY ATTORNEY See attached ` CITY, POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: I' ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: 3 IDAHO POWER: US WEST:' INTERMOUNTAIN GAS: i ' MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: I Materials presented at public meetings shall become property of the City of Meridian. 9 p � R 7 ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL This ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL ("Agreement") is made this!day of August, 2009 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and Julie Clemons, an individual persona'whose address is 4012 Nez Perce, Boise, Idaho ("Artist"). (City and Artist may hereinafter be collectively referred to as "Parties.") WHEREAS, th`e City desires that public art will be a component of Meridian City Hall and to that end, the Meridian Arts Commission issued the Call to Artists attached hereto as Exhibit A, seeking proposals for the display of artwork in Initial Point Gallery, an art gallery on the third floor of Meridian City Hall, the address of which is 33 E. Broadway Ave., Meridian, Idaho ("Initial Point Gallery"); WHEREAS, in response to the Call to Artists, Artist did submit a proposal, comprised of the materials attached hereto as Exhibit B ("Proposal"), for the display of artwork in Initial Point Gallery; a. WHEREAS, on February 9, 2009, the Meridian Arts Commission ("Commission") reviewed the responses to the Call to Artists, selected Artist's work for display based on the Proposal, and recommended to the Meridian City Council that Artist's artwork, as depicted in the Proposal, be displayed in Initial Point Gallery; WHEREAS, at its regular meeting on February 10, 2009, the Meridian City Council adopted such recommendation and directed the Commission to Work with Artist to establish a display of Artist's artwork in Initial Point Gallery; and WHEREAS, the Parties acknowledge that Meridian City Hall is primarily a place of public business, that Initial Point Gallery is a public place, and that while the City seeks to encourage artistic expression and public dialogue, the City must simultaneously ensure that Meridian City Hall is a place where citizens, employees, and visitors of diverse ages and perspectives feel welcome and comfortable; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, the Parties agree as follows: I. SCOPE OF SERVICES. Artist shall personally deliver to Initial Point Gallery, on August 28, 2009, at 9:00 a.m., or at such time and date as is mutually agreed-upon by the Artist and the Gallery Curator, approximately five (5) paintings and ten (10) drawings, which pieces shall substantially conform to the description of such artwork set forth in Exhibit B hereto. Artist shall be responsible for hanging such artwork on August 28, 2009 at the direction of the Gallery Curator; shall allow the display of such work in Initial Point Gallery from August 28, 2009 to September 25, 2009 in accordance with the terms of this Agreement; and shall be responsible for removal of such artwork on`September 25, 2009, at 9:00 a.m., or at such time and date as is mutually agreed-upon by the Artist and the Gallery Curator. ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE I of 6 h II. COMPENSATION AND SALE OF ARTWORK. A. No compensation. Artist shall display her artwork in Initial Point Gallery at the pleasure of the Meridian City Council. City shall not provide compensation to Artist for services, work, and/or any activity undertaken pursuant to or related to this Agreement. B. Sale of artwork. Artist may, at the direction of and in .the manner established by the Gallery Curator, passively offer the artwork on display in Initial Point Gallery for sale. No price shall be displayed on or be proximate to any artwork on display in Initial Point Gallery. City personnel shall not facilitate in any way the sale of Artist's work; any transaction related to the sale of artwork shall be handled solely by Artist. Artist acknowledges the Commission's request that Artist voluntarily donate to the Commission twenty percent (20%) of proceeds from any artwork sold due to its display in Initial Point Gallery. Upon the sale of a piece of artwork on display in Initial Point Gallery, Artist may remove such artwork from the Gallery, provided that Artist replaces the removed piece with another piece of artwork within twenty- four (24) hours of such removal. Artist shall coordinate the removal, replacement, and/or substitution of any and all artwork with the Gallery Curator prior tosuch activity. III. TIME OF PERFORMANCE: Artist shall provide services described in this Agreement in'a timely manner, as described herein. Artist acknowledges and agrees that time is strictly of the essence with respect to this Agreement, and that the failure to timely perform any of the obligations hereunder shall constitute a default of this Agreement. IV. INSTALLATION. A. Coordination with Curator. Prior to the installation, removal, replacement, and/or substitution of the display in Initial Point Gallery or any portion or component thereof, Artist shall coordinate any and all such activity with the Gallery Curator. B. Inspection of display. Prior to or after installation, the Gallery Curator and/or the City may inspect and/or review* the artwork proposed by Artist for display in Initial Point Gallery to ensure compliance with all criteria set forth in the Call to Artists attached hereto as Exhibit A, and the Application and Acknowledgements Form attached hereto as Exhibit C, as well as to ensure that such artwork may be safely and appropriately displayed in Initial Point Gallery. If the Gallery Curator or the City concludes that the display or any portion or component thereof does not meet the criteria set forth in Exhibits A and C, does not reflect artwork as described and depicted in the Proposal set forth in Exhibit B, or cannot be safely and/or appropriately displayed in Initial Point Gallery, the Gallery Curator or the City may require the immediate removal of such artwork from Initial Point Gallery. Further, the Gallery Curator or the City may require the immediate removal of such artwork from Initial Point Gallery where such removal serves the best interest of the City. ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 2 of 6 V. DISPLAY. A. Original artwork. Artist warrants that any and all artwork provided by Artist for display in Initial Point Gallery shall be, and is, original work conceived and created by Artist. B. Photographs of artwork. City may photograph the artwork displayed in Initial Point Gallery, as City may desire for purposes of advertising, marketing, and public information. Where practicable and to the extent of City's authority, Artist shall be acknowledged on each such photographic reproduction to be the creator of the original subject thereof, provided that °photographic reproductions of artwork shall not be identified as or represented to be the finished artwork. C. Use of Artist's name. Artist hereby conveys to City permission to use Artist's name for purposes of advertising, marketing, and public information, without violation of Artist's rights of privacy or any other rights Artist may possess under this Agreement, provided that City shall not use Artist's logo, if any, for any purpose without the express, written permission of Artist. D. Use of City's name. City hereby conveys to Artist permission to use City's name for purposes of advertising, marketing, and public information, without violation of City's rights of privacy or any other rights City may possess under this Agreement, provided that Artist shall not use City's logo for any purpose without the express, written permission of the Mayor's Executive Assistant. E. Removal of artwork by City. City shall have the right to remove Artist's artwork from public display at any time and for any reason. Such removal may be temporary or permanent in nature. Where such artwork is or is intended to be removed from' public display for longer than forty-eight (48) hours, City shall notify Artist in the manner set forth herein. While it is intended that Artist's artwork will be displayed in Initial Point Gallery for the period set forth herein, this period may be shortened by City for any reason, without notice to the Artist. F. Removal of artwork by Artist. Artist shall coordinate with the Gallery Curator the removal, replacement, and/or substitution of any and all artwork prior to such activity, whether such activity is necessary due to the sale of a piece or for any other reason. G. Simultaneous display. City may elect to display the work of more than one Artist or Organization in Initial Point Gallery at any time, at the City's sole discretion. The manner and arrangement of the dis`play(s) in Initial Point Gallery shall be determined by the Gallery Curator. VI. INDEMNIFICATION, WAIVER, AND INSURANCE. A. Indemnification. Artist shall, and hereby does, indemnify, save, and hold harmless the City and any and all of its employees, agents, volunteers, and/or elected officials from any and all losses, claims, and judgments for damages or injury to persons or property, and from any and all losses and expenses caused or incurred by Artist, her servants, agents, employees, guests, and/or business invitees. ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 3 of 6 B. Waiver. Artist shall, and hereby does, waive any and all claims and recourse against City, including the right of contribution for loss and damage to persons or property arising from, growing out of, or in any way connected with or incident to Artist's performance of this Agreement, whether such loss or damage may be attributable to known or unknown conditions, except for liability arising out of the tortious conduct of City or its officers, agents or employees. C. Insurance Artist's responsibility. City shall not provide insurance'to cover loss, theft, or damage of artwork displayed in Initial Point Gallery or to cover any activity undertaken by Artist in the furtherance of Artists' rights or obligations described herein. Insurance of the artwork; of the Artist's person, property, or interests; and/or of the Artist's employees or agents shall be the sole responsibility of Artist. Artist shall obtain all necessary insurance as may be required in order to protect Artist's insurable interests for its rights and obligations described within this Agreement, including, but not limited to, liability insurance, automobile insurance, worker's compensation insurance, and/or insurance of the artwork to be displayed in Initial Point Gallery. Artist shall bear any and all risks of, and actual, loss oaf, theft of, and/or damage to the artwork prepared for, transported to, transported from, installed or hung in, and/or displayed in Initial Point Gallery. 1 VII. TERMINATION. I A. Termination for cause. If City determines that Artist has failed to comply with any term or 9 condition of this Agreement, violated any of the covenants, agreements, and/or stipulations of this Agreement, falsified any record or document required to be prepared under this Agreement, engaged in fraud, dishonesty, or any other act of misconduct in theperformance of this Agreement; or if either Parry willfully or negligently defaults in, or fails to fulfill, its material obligations under this Agreement; the other Parry shall have the right to terminate the Agreement by giving written notice to the defaulting party of its intent to terminate, and shall specify the grounds for termination. The defaulting party shall have twenty-four (24) hours after receipt of such notice to cure the default. If the default is not cured within such period, this Agreement shall be terminated upon mailing of written notice of such termination by the terminating party. i B. Termination without cause. City may immediately terminate this Agreement for any reason at any time without prior notice to Artist. C. Termination upon death or incapacity of Artist. This Agreement` shall automatically terminate upon the death or incapacity of Artist. D. Non -waiver. A waiver of any breach or default of any provision of this Agreement shall not be construed as a waiver of a breach of the same or any other provision hereof. ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 4 of 6 VIII. GENERAL PROVISIONS. A. Relationship of Parties. It is the express intention of Parties that Artist is an independent party and not an employee, agent, joint venturer, or partner of City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Artist and City or between Artist and any official, agent, or employee of City. Both parties acknowledge that Artist is not an employee of City. Artist shall retain the right to perform services for others during the term of this Agreement. B. Compliance with law. Throughout the course of this Agreement, Artist shall comply with any and all applicable federal, state, and local laws. , C. Non -Discrimination. In fulfilling or exercising any right or obligation under this Agreement, Artist shall not discriminate against any.person as to race, creed, religion, sex, age, national origin, sexual orientation or any physical, mental, or sensory disability. ` d D. Entire Agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements, promises, or inducements made by either party, or agents of either parry, whether oral or written, and whether previous to the execution hereof or contemporaneous herewith. The terms of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. E. Agreement governed by Idaho law. The laws of the State of Idaho shall govern the validity, interpretation, performance and enforcement of this Agreement. Venue shall be in the courts of Ada County, Idaho. F. Cumulative rights and remedies. All rights and remedies herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law. Likewise, the exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of any other remedy. i G. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. H. Successors and assigns. Artist shall not subcontract or assign any of Artist's obligations under this Agreement that require or that may require her artistic talent or expertise. Artist may subcontract or assign obligations that do not require her artistic talent or expertise. All of the terms, provisions, covenants and conditions of this Agreement shall inure to the benefit of, and shall be binding upon, each party and their successors, assigns, legal representatives, heirs, executors, and administrators. I. Notice. Any and all notice required to be provided by the Parties hereto, unless otherwise stated in this Agreement, shall be in writing and shall be deemed communicated upon mailing by United States Mail, addressed as follows: ' ACCEPTANCE AGREEMENT + INITIAL POINT GALLERY DISPLAY PAGE 5 of 6 Artist: Julie Clemons 4012 Nez Perce Boise, Idaho 83705 (208) 859-6733 julie@julieclemons.com Gallery Curator: Dwight Williams Meridian Arts Commission 33 E. Broadway Ave. Meridian, Idaho 83642 (208) 887-6473 dwight5332@q.com C Emily Kane, Deputy City Attorney City of Meridian 33 E. Broadway Ave. Meridian, Idaho 83642 (208) 898-5506 ekane@ineridiancity.org t Any party may change its respective address for the purpose of this paragraph by giving written notice of such change in the manner herein provided. r J. City Council approval required. The validity of this Agreement shall be expressly conditioned upon City Council action approving the Agreement. Execution of this Agreement by the persons referenced below prior to such ratification or approval shall not be construed as proof of validity in the absence of Meridian City Council approval. IN WITNES WHEREOF, the parties hereto have executed this Agreement on the day of Uy 9,009. ARTIST: J ie emons STATE OF IDAHO ) ) ss: r County of �' ) I HEREBY, CERTIFY that on this a day of, 2009, before the undersigned, allotary Public in the State of Idaho, personally appeared Julie Clemons, known to a to be the person who executed the said instrument, and acknowledged to me that she executed the same. I IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. +�►++++"••aq %0TAl r . d Notaryublic f Idaho Residing at /l Idaho My Commission Expires:���a�/cam i AUD LAG CITY OF MERIDIAN: ••••,��.� • .+ '•01�' ' .QF��`� BY: ►►►i►urruii��i Tammy de rd, Mayor Attest: \ U19AL , Jaycee olman, City Clerk 9 , �c p ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAYCQUN'TY , �0���� ° PAGE 6 of 6 Exhibit A F 4' yi L i Yk i t f y9 t 7 )f i 9 I. r k Y Meridian Commission Ca(( for Artists: 2009 INITIAL POINT GALLERY SERIES OVERVIEW: The Meridian Arts Commission (MAC) seeks proposals for the 2009 Initial Point Gallery Series, a series of two-month exhibitions in Initial Point Gallery. Initial Point Gallery is located on the third floor of Meridian City Hall (33 E. Broadway, Meridian, Idaho), and is open to the public during City working hours. Initial Point Gallery provides 120 feet of total wall space -60 feet on either side of a generous space; featured artists or organizations must be prepared to fill all or half of the gallery with their works. MAC requests that artists voluntarily donate to MAC 20% of proceeds from works sold due to their display in Initial Point Gallery. ELIGIBILITY: The 2009 Initial Point Gallery Series is to be comprised solely of professional -quality, ready -to -hang, two-dimensional, original art that is conceived and created by artists who live or work in Idaho's Treasure Valley. Artwork on paper and/or with mats must be under glass or acrylic. No piece will be displayed which: cannot be safely hung using the gallery's system; requires unusual maintenance, handling, or security; or is disruptive or likely to offend the sensibilities of the general public. Each piece to be displayed will be evaluated for its compliance with these general requirements; selected artists or organizations will be asked to enter into an Acceptance Agreement with the City setting forth.specific conditions of display. PROPOSAL REQUIREMENTS: i Artists or organizations wishing to display work in the 2009 Initial Point Gallery Series must provide the following materials and information to MAC in order to be considered for selection. • Completed, signed Application Et Acknowledgements form; Biography of the artist or informational statement regarding organization; 3 • Letter of intent; • Up to five digital images representational of the artist/ organization's work, on a CD; and • $35 gallery maintenance fee. Details and forms are available at the City's website, http://www.meridiancity.org or" by e-mail request to mac@meridiancity.org. Materials submitted for consideration cannot be returned. DEADLINE: All proposals must be received by MAC by 5:00 p.m. on Friday, February 6, 2009. SELECTION PROCESS: The selection of art for the 2009 Initial Point Gallery Series will be made by MAC. MAC will notify a selected artist or organization that their work has been chosen for display in Initial Point Gallery by letter sent U.S. Mail. In reviewing eligible proposals or portfolios, the following factors will be considered: • Quality of work; • Appropriateness of subject and concept for a functioning government workplace; ' • Consistency with City policy and community values; and • Contribution to aesthetic and cultural atmosphere of Meridian City Hall. RESOURCES PROVIDED UPON SELECTION: The City of Meridian will provide selected artists/ organizations with the following resources: • Skilled, experienced volunteers to assist with hanging and taking down each piece of artwork; • Track system for hanging art, using wires that are attached to hooks; • Space for artist information and/or an information board; and • Publicity of the exhibit through local media and other informational forums. CONTACT MAC: By mail: Meridian Arts Commission Attn: 2009 Initial Point Gallery Series 1 33 East Broadway Meridian ID 83642 By e-mail: mac@meridiancity.org Exhibit B i I A Meri11 dien Commission Application &' Acknowledgments: 2009 INITIAL POINT GALLERY SERIES ARTIST/ORGANIZER CONTACT INFORMATION: Check one: X I -am submitting this form as an individual artist. ❑ 1 am submitting this form on behalf -of an organization. Artist/Org. Name: JUL-le C L e m o N s Organizer name: E-mail address: Mailing Address: Physical Address: Phone numbers: -3ULtea.) AULt15 GLE/n0NS, Cain -1 4012- NEX P6[ZCE t BOISE- I b £93'705 SAME Day: Evening: Cell: 2-08- 9 9- G73 3 APPLICATION OVERT: I Check one: I/we propose to fill one half of Initial Point Gallery with artwork. ❑ I/we propose to fill the entire Initial Point Gallery with artwork. „ �uv�e��ri�za slz Number of pieces: 5 P4/ry/IA16-5 Average size of pieces: "IA177X&/ .S / 0 A2A/AJ/N6-5 oP_Aw11Y6-S - S x 7'CuAtr-AV-,41"i50 APPLICATION MATERIALS: -12--D Completed, signed Application It Acknowledgements Form ,E' Biography of artist or informational statement regarding organization, no longer than one 8Yz x 11" page; /E " A letter of intent, describing: a. Artist/Organization's vision for and/or theme of the proposed display; b. Number, dimensions, prices, and medium or media utilized in the works to be displayed; c. Any publicity that the Artist/ Organization plans to undertake if selected; and/or d. Any atypical issues or challenges regarding hanging or display of the works proposed for display. Ell Up to five digital images representational of the artist's/organization's work on a CD, resolution of 300 dpi at a minimum size of 5x7", in .jpg format. Please name each image file with artist last name or organization name and the title of the work (e.g.: name. title.jpg). Materials submitted will not be returned. Damaged or non-compliant .CDs and/or images will not be considered. Images will not be accepted via e-mail.• al'$35 gallery maintenance fee, check made payable to the Meridian Arts Commission. This fee is nonrefundable. HANGING INFORMATION: Initial Point Gallery is equipped with a track system for hanging exhibits. Artwork displayed in the gallery will be hung from cables using hooks, and therefore must be equipped with one D ring on the back of the frame, or two D rings on the side rails on the back of the frame, as illustrated below. Wires or eyehooks may not be used for hanging, and clip frames are not allowed. February 4, 2009 R Meridian Arts Commission Ref: 2009 Initial Point Gallery Series 33 East Idaho Street Meridian, ID 83642 Dear Meridian Arts Commission, I am honored to submit the enclosed five images as a representation of my work for your consideration in the Initial Point Gallery Series. , Desert Pool I' July 2008 Colored Pencil and Gel Pen 5" x.7" Moon Shadow Sun Beam March 2008 Colored Pencil and Gel Pen 5" x 7" Untitled (Drawing) April 2007 Colored Pencil 7" x 9" - Red Shadow Hill July 2007 Oil Stick on Paper 48" x 48" Untitled (Painting) April 2007, Oil Stick on Paper 20" x 30" I paint landscapes because I believe that although our natural environment is forever changing, I find strength in the relative permanence of the earth itself. Being out in nature and experiencing the power of it's soft hills, vast deserts, solid rock mountains, and unending varieties of wildlife and foliage is a very grounding and inspiring thing for me and I work to infuse that Peeling of awesome calmness into my landscapes. I 'Thank you for the consideration of my work Sincerely, t Julie Clemons 4012 Nez Perce Boise ID, 83705 208-859-6733 r julie@julieclemons.com www.julieclemons.com 3 Artist Statement Julie Clemons 4012 Nez Perce, Boise, ID 83705 208-859-6733 julie@julieclemons.com www.julieclemons.com My images are landscape based, but are not the traditional paintings of beautiful scenery that often come to mind when thinking of landscape art. Rather than being a visual representation of the land, my landscapes are interpretations of the forces that create the landscape, the elements that feed the cycle of nature, and the rhythm of the living earth. My work is bold in color and my paintings are textured to simulate natural textures. I am = drawn to the circles and curves that dominate my work. I believe circles have many symbolic purposes including the circle of birth, death, and re -birth as it constantly occurs in nature. Circles are soft and kind shapes and for me they have completeness that can be ';both exclusive and inclusive. I use circles and curves to draw the viewer into and through ,the painting to experience all parts as a connected idea. I paint landscapes because I believe that although our natural environment is forever changing, I find strength in the relative permanence of the earth itself. Although there are many things that humans do, and can do, to make our world better, part of our daily reality is human war, human violence, and human prejudice. Being out in nature and experiencing the power of it`s soft hills, vast deserts, solid 'rock mountains, and unending varieties of wildlife and foliage is`a very grounding and inspiring thing for me and I work to infuse that feeling of awesome calmness into my landscapes. f Biography. I am an Idaho native and have made my home in Boise since I came here to attend Boise State University in the mid 1980's. After two years at BSU, I spent one year at Utah State University studying painting and printmaking. I then returned to BSU to complete my undergraduate work, and in 1990 I earned a BFA with an emphasis in painting/drawing. I have worked as a sign artist, a sandblast artist, in the pre -press business, and as a graphic designer. L Over the last few years I have shifted my creative focus from various commercial aspects and employment to developing my own painting and drawing. Currently I am a member of the cooperative Art Source Gallery in Boise and I have work on d display at the Gallery at Hyde Park in Boise's historic Hyde Park district. p. j °r 1 i° r Exh-l"bit .. r a. r a 0 ra 9 G i 4 ACKNOWLEDGMENTS: hereby acknowledge the following stipulations and agree that if my/my organization's art work is selected for display at Initial Point Gallery, such display shall occur subject to these general terms and conditions, as well as subject to other specific terms`and conditions that shall be set forth in a separate, written Acceptance Agreement between myself and the City of Meridian. I specifically acknowledge that: JC A. Before my work will be displayed in Initial Point Gallery, I will be required to enter into an Acceptance INITIAL Agreement with the City of Meridian establishing the specific terms and conditions of the display of the particular- works displayed. 3C B. If my work is selected for display in Initial Point Gallery, the City of Meridian and its agents will INITIAL exercise professional care in handling and securing all artwork displayed in Initial Point Gallery, but cannot and will not assume liability for any loss or damage. f Jc,I C. Any insurance of theartwork displayed in Initial Point Gallery shall be the sole responsibility of the INITIAL artist. The City of Meridian shall not provide insurance to cover loss; theft, or damage of artwork displayed in Initial Point Gallery. D. While art work displayed in Initial Point Gallery may be passively offered forsale by means of an INITIAL informational table, board, or handout as provided or allowed by the City of Meridian, no piece displayed in Initial Point Gallery may have a visible price tag. E. While it is intended that each exhibit in Initial Point Gallery will be displayed for a one- to two-month INITIAL period, this period may be shortened by the City of Meridian for any reason, without notice to the artist or organization. F. The City may display the work of more than one artist or organization ion Initial Point Gallery at any INITIAL time, at the City's sole. discretion. G. Art work submitted for displayin Initial Point Gallery must be original works conceived and created INITIAL by the artist (or by artist members of the organization) submitting this application. H. Meridian City Hall is primarily a place of public business and Initial Point Gallery is a public place. � The INITIAL City seeks to encourage artistic expression and public dialogue, but must simultaneously ensure that City Hall is a place where citizens, employees, and visitors of diverse ages and perspectives feel welcome and comfortable. To this end, only artists and art work meeting the eligibility standards described in the Call for Artists and following the terms set forth in the Acceptance Agreement shall be displayed in Initial Point Gallery. ' I do acknowledge and understand each and all of the foregoing stipulations and do agree to these general terms and conditions. I Signature: s1_4 LJ X -.C%!"} 0- _A _ Print name: Date: Z_s"' Zoo`) i .3 u L( E C LE rr\ 0,1 S To propose an exhibition in Initial Point Gallery, please submit this form, completed in full, with the required materials and fee, via U.S. mail, to: I Meridian Arts Commission Attn: Initial Point Gallery 33 East Broadway Meridian ID 83642 Thank you for your interest! f ,' 3 7 } as f. August 21, 2009 k Department Reports MERIDIAN CITY'COUNCIL MEETING August 25, 2009 APPLICANT Planning Department ITEM NO. 6-A-1 REQUEST Review`and Discuss Draft List of -Priority Transportation Projects compiled of the most needed roadway and intersectiuon improvements in Meridian AGENCY COMMENTS CITY CLERK: r CITY ENGINEER: CITY PLANNING DIRECTOR: See attached - CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: i CITY WATER DEPT: CITY SEWER DEPT: t CITY PARKS DEPT: r MERIDIAN SCHOOL DISTRICT: r ADA COUNTY HIGHWAY•DISTRICT: SANITARY SERVICE COMPANY � 5 CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: . 1 US WEST: INTERMOUNTAIN GAS: r MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at'public meetings shall become property of the City of Meridian. r s F t August 13, 2009 i MEMORANDUM TO: Tammy de Weerd, Mayor Meridian City Council FROM: Caleb Hood, Planning Manager t CC: Meridian -City Clerk RE: Priority Transportation Project recommendations from the Transportation Task Force; Agenda Item°for August 18th, 2009 City Council Meeting Background The Meridian Transportation Task Force (TTF) met on August 6, 2009 to discuss transportation programming and priority projects for the City. Staff members from COMPASS, ITD, ACHD and VRT were present at the August 6th TTF meeting to discuss the agencies' CIP/Programming processes. After the presentations, the TTF members, along with Parks- Commissioners and a J6int School District #2 representative discussed the City's transportation priorities. The ,TTF has prepared an initial, draft list of roadway and intersection projects for the Council's review. L The TTF has used last year's lists as a starting point in developing this year's lists for Council's consideration. This year"there are three priority lists that are being compiled for transportation agency consideration: 1) ACHD roadways and intersections, 2) ITD highways/overpasses/interchanges, 3) ACHD Community Programs (safe routes to schools, sidewalk/pathways, etc.) The draft ACHD roadway and intersection list, and an ITD/State/COMPASS project list, as prepared by the TTF accompany this memo and are included as attachments. (NOTE: The TTF has not had enough time to draft a recommended priority list for community programs, but intends to work on that during the September meeting.) The attached lists of roadways and intersection priority projects are just that, a draft attempt. A final TTF recommendation to City Council will be prepared and ready for Council consideration during the September 15th Council workshop. w ACHD is beginning to prepare the 2011 = 2015 Five Year Work Plan. COMPASS and ACHD are requesting City requests be finalized by October 1St so the TIP and FYWP can be prepared this winter. ACHD, ITD and COMPASS receive the City's priorities to consider when making programming decisions. The City's top four roadways, new Planning Department 33 E. Broadway Avenue, Meridian, ID 83642 Phone 208-884-5533. Fax 208-888-6854 . www.rneridiancity.org Page 2 intersections, and intersection rebuild requests 'get bonus points from ACHD for being the most important; all ACHD projects on the City's list get at least points. The top roadway, intersection,, and state transportation projects as preliminarily identified by the TTF are: rt A. ACHD Roadways 1. Eagle Road, Victory to Ridenbaugh (10 pts) 2. Downtown Split Corridor Phase 2 (8 pts) , 3. Overland, Ten Mile to Linder* (6 pts) 4. Franklin, Ten Mile to Linder (4 pts) 5. Ten Mile, Cherry to Ustick (2 pts) * A developer is currently reconstructing and realigning this stretch of Overland. However, this developer -initiated project will not complete the entire street section — there will be a large portion of the sidewalk, curb, gutter and pavement on the north side of the road that will be missing. And most of the center medians in Overland are not part of the project either. The TTF discussed moving this project lower on the list, as the roadway is being improved,,but not to its ultimate section. It may be appropriate to rank other roadways that are not currently being worked on higher. NOTE: The E. 3`a Street Connection and then Pine, Meridian to Locust Grove are the nett highest ranked roadway projects. s B. ACHD Intersections* (new) 1. Linder/Pine (10 pts) 2:, McMillan/Locust Grove (8 pts) 3. Locust Grove/Victory (6 pts) 4. Ten Mile/Victory (4 pts) 5. Ten Mile/Amity '(2 pts) d L * If an intersection is in the adopted FYWP as part of a roadway widening project then it has not been put on the list above. -The Franklin/Ten Mile intersection is included with Ten Mile, Franklin to Cherry project (CN 2010); the Ustick/Ten Mile intersection is included with Ten Mile, Cherry to Ustick roadway project (CN 2014); and the EagleNictory intersection is included with Eagle, Victdry' to Ridenbaugh project (CN 2011). Otherwise, these intersections would be on the new intersection list above. C. ACHD Intersections* (rebuild) - 1. Locust Grove/Ustick (10 pts) 2. Meridian/Ustick (8 pts) 3. Chinden/Meridian (6 pts) 4. Chinden/Locust Grove (4 pts) 5.� Chinden/Linder (2 pts) * The intersections requested for rebuild are not included in any roadway projects and are stand-alone projects in the list and presumably in ACHD's FYWP. D. ITD/State Projects 1. Meridian Interchange Rebuild 2. Linder Road Overpass 3. Widen Chinden (Eagle Road to SH-16/McDerm6tt) 4. SH 16 Extension (US 20-26 to I-84) ti 5 Eagle Road Corridor Improvements Page 3 l; F The TTF did not make many changes from last year's priority list. However, there were some changes made. Ldst year there was just one master list of projects. For this year, the ITD projects have been separated from the ACHD projects and now are in a separate priority list. In addition to format changes, the TTF submits the revised (attached) priority lists and'the following comments for Council's consideration: I • The TTF had some difficulty with prioritizing"the top two projects. Both the Eagle, Victory to Ridenbaugh and Split Corridor Phase 2 are much needed and highly valued projects. In the end, the TTF could not justify any, change to the priority of these projects from last year and recommendsEagle, Victory to Ridenbaugh continue to be the City's highest priority project. • Even'though it is not yet constructed, the TTF recommends removing the Ten Mile, Franklin to Cherry project from the priority list (would have been the #4 roadway priority). The ACHD Commission has spent much time discussing this project and has committed to constructing the whole project, from and including the Ten Mile/Franklin intersection up to Cherry Lane in FYI 0. However, because the TTF recommends not including this project on the list, they do recommend'calling out the project in the City's narrative/coverletter to ACHD as a high priority project that we are banking on getting done in 2010, because the ACHD Commission studied and made a final decision earlier this year not to split this project -into two phases. _ • The TTF wants ACHD to focus on completing corridors'and two corridors were identified as high priorities: Ustick and Ten Mile. Because ACHD, with Ustick improvements through Boise, and ITD, with the Ten Mile Interchange, are making investments in these corridors, the TTF believes ACHD should make an effort to create full, usable'transportation corridors rather than constructing piecemeal improvements that only benefit a mile or two at a time. So Ustick, from Cloverdale to Meridian Road (3 miles, east to west) have advanced'to 10, 11 and 12 on the priority list and Ten Mile, from Cherry to McMillan (2 miles, north to south) have advanced to be roadway widening priority project numbers 13 and 14 on the list. • The TTF has added five new projects, three intersections and two roadway projects, to the priority list: Chinden/Linder intersectionjen Mile/Amity intersection; Black Cat/Franklin intersection; Fairview, Eagle to Cloverdale; and Franklin, Touchmark to Cloverdale. These projects have been added, in the order listed above, to the bottom of the priority list. Except for the Chinden/Linder intersection, which is only in the CIP, the rest of the projects are currently in ACHD's adopted FYWP. F Next Steps After Council review and comment, Staff will report back to the TTF. Then a final list of roadway -intersection priorities will be prepared for Council review (including any further tweaking) and endorsement in September. Staff will prepare the final lists along with comments in letter format for Council's consideration during the September 22nd workshop meeting. In the meantime, Staff and the TTF will work with the School District and the k M Page 4 Parks Department to identify Safe Route/Community Programs requests, and bring that list to the Council as well on the 22"a Request . Staff requests that Council consider the updated list of transportation projects from the TTF and provide any comment the' Council sees fit in providing the TTF with further direction in prioritizing roadway and intersections prior to finalizing the lists.- Staff further recommends that Council make the following revision to the draft list attached: • Relocate the Overland, Ten Mile to Linder project from #3 on the priority list to be further down on the list. The TTF discussed this issue, but failed to officially address it when drafting priorities. Staff recommends that this project be listed just before the new projects that were added to the list, so near the bottom of the priority list. Staff also requests Council direction on the associated cover letter(s) that will be transmitted with our priority lists. Are there any points you want Staff to specifically make in drafting letter(s) to the transportation agencies? Thank you for taking the time to discuss this with me on the 181h. i 9 f F a x S ^i 3 v i i " o n N z c o a c AU. N m n a o n u ^ w 2 n c ao v U zG z uo . L° �c v a zo p o w g & /Wmc Y� - �i g ^' o' 2-Z .. �' n V ..lw U.9 lo 15 E c E o .cw s o v o — o m c c v n ; E E v N u C N LL <v .� o O v ti V lb C °' '-" o- £ cO a E y to ca ., a = EY or toL o $q " o ��i o$ U N o c o Bib m rn o"' i3 I- E of c - N Y NsBi F u o ? v n a• -~i °moi' n o 3$ Y rr E _o' o o c oC v kn ow �3._v3u�iE �n 3 �cG�79 o}' ca a. 5 rn °' `�. �oyF n y � 3 0 3 � g �� o E �v � Em rn«�c vso�z��a4A° °'g°' vng� muo c�E� o �vz $N ELY tf9N rn3 N c v n aE m o, Fo ww a` � Vl n Q� n 0 6 t71 Vi v p c a c b E .. V c m K C t o = Naa Gzz �y C rn o W 5: 8 v b a > 90 l7 m fa v D E z W z d Q c , N E cy .. '�o u ooe e a E M p _ M 0 o u — 3 Lp opo o h o Q o 3 c v 3 N o a�� ^No' ry opo � o am II 1 K c E v o II C a C W d W C d O of 11 C W z u n O N= u E T a u E= O a z° u c co_ E E v _ « Sz v rVv o v L Ey 3 31: $ c o c g v v a yA $ E v m o p� E $ E E E a E ~ I v � - m l7 o 0 v; coo v m c �i c c« v ti « ry c v a m v a v « �b �� �g aao v m «m 0 E m 0 0 Ec N? E ov Q E E G 4 2�i N o f S E N S E o c E a $ o g q v > 0 0 E v` o c �'w c ,6 a f g o ar N$ N o a ° v ° P > �' cv o H c y o 1-' E o .J " "-' v f.. 2 E° V t �n ci d> v c E E E E r c N di 3 E c o v E 5 E& a c o V o o m a ry«° E v L' c n E m o c v D $= L. S q v N 3 v v c - a S u a m a m o ado.'--, $'qo .'--, r.: -v^�+� B o `mz 501 'o NAY d v E �3 Fw LL> E V Q v u o +a v o ��o_ mv'o '" E >« n G v_,S « � tq�g _A 3v_.vc $nt'^ n�E� cw�'� ��w E$ qom i cT�guo ac_ c7g w` c chi c_ m �f ��n_>g� �cE A f �ov� ��� vv � .a3 ,rnm£"uvo'� E�zf Ec-SLE«moo p c a c po�=`w m =a9 v v �;!� 3, c m a� c E a _ E o c a c 3 �._ m 3 m 4 2 ' W po N N N>�D n u.wn` O Wy yj0 sSa O E 0 S� dW Hoe �ONW �nu�� =OCW �n�Fa Y .dl O >O�QgO F- 's a`.E .2 NW �= F- yp�'� uau'S� >va in u'�u°LL Sia` o D �i • �^ c f « o � lu z aLL _ LL a V T � ?� m a°' > O Q Q O lu E �l =a zx €w LLf 3 z z z zz' z v y v T a 0 u a o � a a a a n rn « o oQ o0 u u oo 0 0 u 3 o u u c 0 o 3m� e 3 c o . o o 3 ..a cod o 3 o` 3� z u n z u o n z z .., a v z u o n o u a u au u o_ a u o z z v u E « z o z o « $ d ° ol d r O A -aov ^ c y o ni m o m i° v v 8 c E cm y`a a q yNZ W O E m� t 3 ''o m N a v ai E q n tco'a d a o o o w « v v 3 3 o 3 v d31 o tt m o kc vn E - 0 o c z o a tF N rn E E w o v E �_ N C El o NC o w - A _3 o m- v ani m q E v N 3 c o. S o w a E SP o N u a rmZ- E o 8i $ w E° w 00 w a o T v o a o v g v f u o o m E E RP f A- -° o c a v �+ Y� ` cry oo u9 coq a$'`w` o 3n �'" m O1v �,.;� o s va3 c m o°�g3 , a y"_ �� . 3 co_ w _« o g z c_ E; ao_�+ v a E L o �_ n o E� c rnoT, "vo gc n=vv « t v w �mv> o vmY^ yy -ca& T.",n zz°E >Eu LLEu E3 Sy 3o uaw�: Huu a a 0 L u 3 o f o o a � W W =I a col d - f t u b o o v a oo ry m v 3 z z z zz' z v y v T a 0 u a o 06 a o ��0 vo�� (Aro i O E 0 � E J O .p > N Tra O Q CA y o N o o E c v o •-ate ra aNaHH N C u O a) y CJ 0 t'i L N F C O N E E ¢ U o �'L oc ¢ z v m a cn z u. c z c c a) 0 ° c c o ro C v c cu 0 m L 0 d p w Of fyVO !u lL O lV.l 0 O > C al T c 7 a) O v w O O J V1 V C m E a) ra m Q) $ i to u o -0 _ u c c UC o +o 3 > o u c N C c Qj riga ra .0 N a0 -r 01 Y ra '� ren u O .-I ra Cr C E i w LL 0)C. C OQJ mE al ro ? (CA, p = C > (nL fa y M201 J A 3 a`) m 0 w u ma o o v c E c ra c v o N a+ n v 0 'm u _N o O `O Q mC — o N o O U O y U L Y N 3 ' o o ac . a)0 0 C c v o ` n c p mmvui Y n L � O LfO =_ O 2 C Y � t'' 7 U L Q Ln 5 u a) C E L U _ C L= Q) 3 C Q �: •D C 2C y Y 0 a) y v g L rn aL.r C c v n Ql d o ra v roo E C o 3 a u o c rn v v t/f Y .. a) N= C E O 0 N O O 1] LL n d. Q 7 ` 0 O L (U tT O E E y a) a) v 65 Q v o T S �� o y o} a) 'o �i QZ c¢ g LL c o o o EL V- `O- OP Uu,v_r o a2 ncU ac) ani s aci n M d rma .n.. vi vraiQ+� n> aEi rroo L 01 ( amid O 3 C F Ln E C O w E ra O a) O• cL -- n E i) ~ > 3� � 0U J N o c no a) Z >�-0 Lu VI -Y C `t 0 ° o �+ Lnu In Oi � c E� E E O ,,mss c y a) a) a) C m C m D N c v N O a) Oi N E a a) O C a1 W L :7 rola = °1 C d Yf '~ L c O y v o .o Z Own X� E coo E a "° L O 0 E Z E Y-0 m w t Q) 'Cl: > oy �� 00 V 0 oCU coi c� oQ o S c .N civ o C ra a) = v n o v c 0 L x N U E w v Y ¢ 'N ra N L C c ^ 7 3 •C - o U p a) V-0 0_ E a E a) C w T C n w ~ O O a d N y 0 0. c {A V r. U o m > y C'>. aL-+ Ql fa O y� fn N lD `1 V 1n (A C (7 � a) u rco C �+ yj V E t-0 W ra C u rn T Vf ai E -0 V a) a) O Y E L Y n 0 V7 u 7 t'n ro v a) 0 ,a Z p C p v io 2 L ai O ra a) cn v to 'u ++ Ln -0 t u L0 0 U Q C ra j rr- $ E C N N y 7 OI rn E> Ory -0 0 L a) a) Q= L L p_ O Q a+ N u > - .3 � C 01 p C C~ 't—+ lD 7-+ a) U C a) a) t' O V C •p C 7 a) a+ a y c u o o m ra - Y n p O : rb W u c ? ] a) N y n ,� E a .D O a) n o a) c c a o Mn ~ 3 O1 O c.0 C W a) a a v E U m E 7 d w o c o C W O a C t ai n„ U"W 23 C O« a) E o r-n 0 y 3 °c c rn y; > c V ra o = m O C lqu u v y d E F w to o> N v a) n o 3 a0—+ C O ao `_ 'ro a E c W L Y_ ro v cn -� a aNi o 7 m u c o v C al w +L-' c L n. 3 ria o> n c o n o K c v rn a S t _ '0 3 '� c a o T Z o p 'c o 3 3 0 22 y m y m' o o a-0 Q c_ an o a L a C7 v ai o' u 3 - ti t N ti o E Q c u o rn E '+.r c nw , v a r. w 'c :° '- ,� o n o E v W my .S �t a) a) c ! 'p o o c F- a n > > - > ro c n � a) OD p O O "o.��a na m +-r �UZ¢G n E L N E a v w O y> ��op zoow'mS¢,L.,~�H •. oUCa7 a .� o ., w v Q u E a. a o * N = 0 v u c N a) mv v n > LO o E CU v in v, CL adv c p �c ,`a) ra C O •c. rY U t0 LU r-4 rho m v cu C:, > y o o c Ln I x cn CL w E J wm Y Y C CM V1 G =_ W .O > 19 0 a CL ao 0 p M August 21, 2009 Department Reports MERIDIAN CITY COUNCIL MEETING August 25, 2009 APPLICANT Planning Department ITEM NO. 6-A-2 REQUEST Discussion in Response to City of Kuna Proposed Annexations in Meridian Area of Impact AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: COMMENTS J Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. RECEIVED AUG 2 5 2009 CITY OFC 4VEK_y CITY CLERKS OFFICE August 25, 2009 Mr. David Case, Chair City of Kuna Planning and Zoning Commission P.O. Box 13 Kuna, ID 83634 Dear Mr. Case: SUBJECT: 09 -01 -AN; 09 -02 -AN; 09-03-AN09-04-AN; 09 -05 -AN &09-060AN The City has received the notice of, and reviewed the information regarding, the referenced annexations requests to the City of Kuna. The proposed annexations are located within Meridian's Area of City Impact (AOCI). While the ability of the City of Kuna to annex property within the Meridian AOCI may be permissible under state law, we are very troubled by the proposed actions for reasons mentioned below. Impacts on City of Meridian Services We have discussed and expressed planning area concerns several times as recently as three months ago. Despite these concerns, the City of Kuna continues to make planning and utility service decisions within the adopted Meridian AOCI. These continued actions by the City of Kuna are not only in opposition to previous discussions and acknowledgment, but the cumulative impact of approval of planning documents and land use decisions will result in an overlap in municipal services and public facility plans developed by our cities. The City of Meridian has established the AOI boundary with Ada County after extensive public participation from both of our cities citizens and property owners. As part of the planning to serve our AOCI, the City of Meridian's sewer, water, fire, police and other municipal service providers have already accounted for this area in master infrastructure plans. By planning for services for properties in this area, the City of Kuna is duplicating our efforts, creating an inefficient and uncoordinated use of resources and taxpayer dollars. If the City of Kuna were to annex the parcels identified as a part of this proposal, the City of Meridian would loose approximately 1,095 potential service connections. These connections have already been accounted for in our infrastructure planning and construction. Meridian has already invested in a municipal well in the area. We are also in the process of constructing a new lift station and water and sewer mains to serve the area. The cost of this infrastructure is approximately 4.7 million Mayor's Office . 33 E. Broadway Avenue, Meridian, ID 83642 Phone 208-888-4433 . Fax 208-884-8116 . www.meridiancity.org Mr. David Case Page 2 dollars. If the City of Kuna approves this annexation request they will undermine Meridian's ongoing efforts to serve this area and potentially waste public funds Fairness to Property Owners It is our understanding that the primary reason for the City of Kuna creating a planning area that overlaps into Meridian's AOCI was to provide certain property owners an option of annexing into Kuna. We note that property owners that have proposed annexation do not represent the majority of owners in the overlap area. More importantly, approval of the requested annexations will preclude other property owners from exercising their choice to annex into Meridian at the appropriate time due to being surrounded by Kuna city limits. The affected owners are: 1. Daniel and Sheila Biel 2. Marie Kitter 3. Richard and Peggy Moss 4. James Wilson 5. The Citadel Broadcasting Company 6. Roger and Andrea Preston 7. Gary and Alice Eshelman 8. Mike and Wanda Schewe 9. Nick Larrea Trucking 10. Cary and Nancy Baerlocher 11. Tom and Mary Jo Case 12. Tony and Kim Cover -Davila 13. Barry and Judy Crandell 14. Tim Evans 15. Jeremy and Allyson Woodland 16. Robert and Louri Grover 17. Scot and Rhonda Hall 18. Ron and Jane Higginbotham 19. Dean and Cindy Kubena 20. Walt and Mary Mott 21. Dam and Connie Murphy 22. Kevin and BJ Nelson 23. Robert Ohlson 24. Mike and Diane Wise 25. Kevin and Patty Zauha As elected representatives, we are sensitive to the importance of planning for the future needs of our community as evidenced in the South Meridian Plan Amendment that partially formed the basis of the adopted Meridian AOCI. We believe that approval of the proposed annexation does not address the needs of the wider Meridian community, and it is contrary to the interests of the region as a whole. Although the City of Meridian supports the City of Kuna in establishing your unique community identity and design, we cannot do so at the expense of our community's established visions and values. Thank you for considering these concerns and comments. Sincerely, Tammy de Weerd Mayor Meridian City Council August 21, 2009 AP 09-002 MERIDIAN CITY COUNCIL MEETING August 25, 2009 APPLICANT Hutchinson Smith Architects ITEM NO. 8 REQUEST City Council Review of the Planning Director's decision on the application of UDC provisions and design guidelines for Paramount Elementary School Portable Classroom Structure - 550 W. Producer Drive AGENCY COMMENTS CITY CLERK: CITY ENGINEER: i CITY PLANNING DIRECTOR: See affached CITY ATTORNEY r. CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: ° CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: i ADA COUNTY HIGHWAY DISTRICT: i SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: ' NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: r IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: I Materials presented at public meetings shall become property of the City of Meridian. I T Mayor Tammy de Weerd City Council Members: E IDIANKeith Bird Brad Hoaglun Charles Rountree TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council please submit your comments and recommendations to Meridian City Hall Attn: Jaycee Holman, City Clerk, by: ASAP Transmittal Date: August 19, 2009 File No.: AP 09-002 Hearing Date: August 25, 2009 Request: City Council Review of the Planning Director's decision on the application of UDC provisions and design guidelines for Paramount Elementary School Portable Classroom Structure By: Hutchinson Smith Architects Location of Property.or Project: 550 W. Producer Drive Joe Marshall (No FP) David Moe (No FP) Wendy Newton-Huckabay (No FP) Michael Rohm (No FP) Tom O'Brien (No FP) Tammy de Weerd, Mayor Charlie Rountree, C/C Brad Hoaglun, C/C Keith Bird, C/C David Zaremba C/C Water Department Sewer Department Sanitary Services (No VAR, VAC, FP) Building Department / Rich Greene Fire Department Police Department City Attorney City -Land Development Supervisor City Planner Parks Department Economic Dev. (CUP only) Your Concise Remarks: Meridian School District (No FP) Meridian Post Office (FP/PP/SHP only) Ada County Highway District Ada County Development Services Central District Health Nampa Meridian Irrig. District Settlers Irrig. District Idaho Power Co. (FP,PP,CUP/SHP only) QWeSt (FP/PP/SHP only) Intermountain Gas (FP/PP/SHP only) Bufeau of Reclamation (FP/PP/SHP only) Idaho Transportation Dept. (No FP) Ada County Ass. Land Records Downtown Projects: Meridian Development Corp. Historical Preservation Comm. South of RR / SW Meridian: NW Pipeline New York Irrigation District Boise-Kuna Irrigation District t I City Clerk's Office • 33 E. Broadway Avenue, Meridian, ID 83642 Phone 208-888-4433 • Fax 208-888-4218 • www.meridiancity.org t RE H wring D i Lfi4g"wu M' CETVED dh .]Lift L _� =2-0 0 9 1 J rup--Ir AUG CITY OFCyiRW,� Project Name: Paramount Elementary School Portable Classroef��OFFICE Request: City Council review of the Planning Director's decision, by Hutchison Smith Architects. I Location: 550 W. Producer Drive, in the SE 1/4of Section 25, T.434., R.1 W. E IDIAN Planning Department l a a H o COMMISSION & COUNCIL REVIEW APPLICATION Type of Review Requested (check all that apply) ❑ Alternative Compliance ❑ Annexation and Zoning ❑ Comprehensive Plan Map Amendment ❑ Comprehensive Plan Text Amendment Phone: 888-4320 STAFF USE ONLY:* Zip: 83642 ❑ Conditional Use Permit - File riumber(s): Phone: 338-1212 ❑ Conditional Use Permit Modification 83702 1: Primary contact is! V Applicant ❑ Owner ❑ Agent ❑ Other ❑ Design Review Phone: 338-1212 E-mail: iocOhsaarchitects.com Fax: 338-0011 t Subject Property Information ❑ Final Plat Location/street address: 550 West Producer Drive, Meridian, Idaho 83646 ' } Project name Pdrnnoi,na- ' l�trn2ntant P le elm ❑ Final Plat Modification Township, range, section: 4N1 W25 Total acreage: 10.475 _ Current land use: Elementary School Campus Current zoning district: R-8 ❑ Planned Unit Development Date filed: g''II-CA:•Date conipldte 1m1- 1O 9 ❑ Preliminary Plat ❑Private Street ;Assigned Planner: cSo ' j,UAA- trS _ :, _ ❑ Rezone Related files: ❑ Short plat ❑ Time Extension (Commission or Council) 'g" ❑ UDC Text Amendment Hearing date �9 ❑ Co'mmtsston XCouncil ❑ Vacation (Council) ❑ Variance D;Other Council Review (Appeal) Applicant Information ' Applicant name: Hutchison Smith Architects Phone: 338-1212 Applicant address: 270 North 27th Street, Suite A. Boise, ID Applicant's interest in property: ❑ Own ❑ Rent ❑ Optioned *Other 1 Zip: 83702 Owner name: Meridian Jt. School District No. 2 Phone: 888-4320 Owner address: '2301 Lanark Street, Meridian, Idaho t Zip: 83642 Agent name (e.g., architect, engineer, developer, representative): Don Hutchison Firm name: Hutchison Smith Architects . Phone: 338-1212 Address: 270 N. 27th Street, Suite A. Boise, ID Zip: 83702 1: Primary contact is! V Applicant ❑ Owner ❑ Agent ❑ Other Contact name: Joe Presher Phone: 338-1212 E-mail: iocOhsaarchitects.com Fax: 338-0011 t Subject Property Information Location/street address: 550 West Producer Drive, Meridian, Idaho 83646 ' Assessor's parcel number(s): R6905240240 Township, range, section: 4N1 W25 Total acreage: 10.475 _ Current land use: Elementary School Campus Current zoning district: R-8 33 E. Broadway Avenue, Suite 210 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org 1 t Project Description Project/subdivision name: Paramount Subdivision No. 10 General description of proposed project/request: Place one new 1,792 s.f. Portable Classroom Building on the existing Paramount Elementary School campus. Proposed zoning district(s): _R-8 existing - No Change. Acres of each zone proposed: 10.475 existing - No Change Type of use proposed (check all that apply): ❑ Residential ❑ Commercial ❑ Office ❑ Industrial Other Elementary School - No Change Amenities provided with this development (if applicable): N/A##' Who will own & maintain the pressurized irrigation system in this development? N/A t: Which irrigation district does this property lie within? Nampa- Meridian Primary irrigation source: Existing - No Change Secondary: Existing - No Change Square footage of landscaped areas to be irrigated (if primary or secondary point of connection is City water): Residential Project Summary (if applicable) t Number of residential units: N/A Number of building lots: N/A Number of common and/or other lots: N/A Proposed number of dwelling units (for multi -family developments only): 1 Bedroom: N/A 2 or more Bedrooms: N/A Minimum square footage of structure(s) (excl.garage): N/A Proposed building height:N/A Minimum property size (s.f): N/A Average property size (s.f.): N/A Gross density (Du/acre-total land): N/A Net density (DU/acre-excluding roads & alleys): N%A Percentage of open space provided: N/A Acreage of open space: N/A Percentage of useable open space: N/A (See Chapter 3, Article G, for qualified open space) Type of open space provided in acres (i.e., landscaping, public, common, etc): NIA ' Type of dwelling(s) proposed: ❑ Single-family 0 Townhomes ❑ Duplexes ❑ Multi -family Non-residential Project Summary (if applicable) Number of building lots: Existing - No Change Other lots: Existine - No Change Gross floor area proposed: 1,792 New Existing (if applicable): :I# Hours of operation (days and hours): 7:00 a.m. - 4:00 p.m. Building height: 15'-0"+1- Percentage 5'-0"+/- Percentage of site/project devoted to the following: r Landscaping: 51% Building: 15% Paving: 34% Total number of employees: ExistingMaximum number of employees at any one time: N/A Number and ages of studentstchildren (if applicable): K through 6th Grade Seating capacity: Occupant load of 90 f Total number of parking spaces provided: 126 exist. Number of compact spaces provided: Existing Authorization d a Print applicant name: Applicant signature: . Date:,_ 33 E. Broadway Avenue, Suite 210 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.m.eridiancity.org 2 Page 1 of 1 Paramount Elem. School Campus Meridian ]oint School District Not THIS MAP NOT INTENDED FOR NAVIGATIONAL USE http://66.192.184.147/imf/imfPrintMap jsp?utle=Paramount Elem. School Campus Meridi... 8/17/2009 COMMITMENT OF PROPERTY POSTING Per Unified Development Code (UDC) 11 -5A -5D, the applicant for all applications requiring a public hearing (except for a UDC text amendment, a Comprehensive Plan text amendment and/or vacations) shall post the subject property not less than ten (10) days prior to the hearing. The applicant shall post a copy of the public hearing notice of the application(s) on the property under consideration. The applicant shall submit proof of property posting in the form of a notarized statement and a photograph of the posting to the City no later than seven (7) days prior to the public hearing attesting to where and when the sign(s) were posted. Unless such Certificate is received by the required date, the hearing will be continued. The sign(s) shall be removed no later than three (3) days after the end of the public hearing for which the sign(s) had been posted. I am aware of the above requirements and will comply with the posting requirements as stated in UDC 11-5A-5. Applic Hagen s' ature D tA .a•••••..., S ��ti o �ke b�LA •• of Ad a .�s c4K n ,OT ' r� i �►SGV1 t AUBL�� 4-60 k 17 fZe Ir O�RK'Nf�`,ZOGy We ^4-,- J�►' Y'D� - Jp'l�y�r'{1 0k 31 #/A?�%iy curwil S �/ �- / I August 13, 2009 Mr. Joe Presher Hutchi son Smith Architects 270 North 27`x' St.' Suite A Boise, ID 83702 Mayor Tammy de Weerd City Council Members: Keith Bird Brad Hoaglun Charles Rountree David Zaremba iCs. ,«fin v x F Y` •. C AUG I + 2009 RE: PARAMOUNT PORTABLE CLASSROOM STRUCTURE CERTIFICATE OF ZONING COMPIANCE CZC-09-039/ DESIGN REVIEW DES -09-020 Dear Presher: This letter is in response to your application for Design Review for the construction of a new portable classroom structure located at the Paramount Elementary School. The proposed building is subject to the design review standards listed in UDC 11=3A-19 and the City of Meridian Design Manual. In reviewing the portable classroom against the UDC standards, we note the following: • ,The building fagades visible from the public street (N. Dietrich Ave.) do not incorporate modulations in the facade, including but not limited to, projections, recesses, and step backs that articulate wall planes and break up building mass. Facades shall be modulated and articulated in accord */the Design Manual. • The primary building entrance(s) are not clearly defined by the architectural design of the building. • The roof design does not provide variations in profile through modulation and/or articulation in accord with the Design Manual, including but not limited to the following: 1)overhanging eaves, 2) sloped roofs, 3)two or more roof planes,'4)varying parapet heights, and 5) cornices. In-reviewing;the portable -classrooms against the City of Meridian Design. Manual,,we note the following - - , 7 Planning P Y Department . 33 E. Broadway Avenue Meridian ID 83642 ' Phone 208-884-5533 Fax 208-888-6854 www.meridiancity.org • Landscaping should be installed in^accordance with the objectives and guidelines listed in the Design Manual for suburban developments (see section D.1.6); currently, no new landscaping is proposed. r • The architectural character of the building should be consistent with the guidelines listed in section D.2 of the Design Manual. In accordance with UDC 11-5A-3F and UDC 11-5A-6, you have the option to appeal this decision to the City Council. All City Council Reviews (appeals) shall be filed in writing with the Planning Department within fifteen (15) days after the date of this letter. The appeal will be forwarded to the City Council to conduct a public hearing. The appeal should specify the grounds upon which the appeal is filed. I have attached the City Council Review application and checklist to this letter, should you decide to file an appeal of the Director's determination. Please feel free to contact me or Sonya'Watters at 884-5533 with any questionsor concerns.---- Sincerely, oncerns.--`Sincerely, )eterCJ Friedman, AICP Deputy Director ' City of Meridian Planning Department r HUTCHISON SAUTH i% ARCHITECTS 270 N. 2P Street, Suite A • Boise, Idaho 83702 Tel: 208.338.1212 Fax: 208.338.0011 www.hsaarchitects.com TRANSMITTAL A t t n : Planning Department Date: August 17, 2009 City of Meridian Job #: 09.159 Paramount Elementary School Portable 550 West Producer Drive Address: 33 East Broadway Avenue RE: Meridian Idaho, 83646 Meridian, ID 83642 From: Joe Presher } WE ARE SENDING YOU VIA: X Delivery Pickup Mail — Priority Mail Airborne Exp. Federal Exp. Gofer Exp. _ Other: NO. of COPIES DESCRIPTION 1 Commission & Council Review Application 1 Letter to City planner 1 Commission & Council Review Checklist ` 1 Letter from School District 1 Commitment of Property Posting Photos For Your Use/Files X Submitting For Approval/Review & Comment 0 HUTCHISON SMITH F ARCHITECTS a. August 17, 2009 3' Meridian City Planning and Development ' = 33 E Broadway Ave Suite 210 i 4. Meridian, Idaho 83642 } A' Re: Paramount Elementary School — Modular Classroom Building HSA # 09.159 City,Council Review (appeal of Meridian City Planning Department CZC-09- z31: 039 and Design Review DES -09-020 To Meridian City Planners: Please except our City Council Review Application for Public hearing appeal of CZC-09- 039 and Design Review DES -09-020. Enclosed you will find narrative description from the Meridian Joint School District No. 2 regarding who the affected parties are. The Council's decision will affect the School Districts patrons' the students and staff at Paramount Elementary School. Thank you, Joe Presher ' Project Manager JP:mtb 2702N.27th . `Boise, Idaho; @102, 4T Wphone' . 200-28.1 12' Faedmie: , -.��.. 2 8.338:0011?. 1 CrERIDIAN;� August 18, 2009 MEMORANDUM t It Mayor Tammy de Weerd City Council Members: Keith Bird Brad Hoaglun Charles Rountree David Zaremba TO: Mayor & City Council FROM: Sonya Watters r CC: Anna Canning, Pete Friedman, City Clerk, Joe Presher RE: Paramount Elementary School Portable Classroom Certificate of Zoning Compliance (CZC-09-039) & Design Review (DES -09-020) i On July 29, 2009, Joe Presher, Hutchison Smith Architects, on behalf of the Joint School District No. 2, submitted an application for Certificate of Zoning Compliance and Design Review approval of a portable classroom structure for Paramount Elementary School. The Planning Department reviewed the application and sent a letter to the applicant on August 13, 2009, detailing several items needing to be addressed in order for the site and structure to comply with the minimum design standards listed in UDC 11-3A-19 and the Design Manual (see attached letter). In response, the applicant has requested City Council Review of the Director's Decision on this matter. For additional information, please see the application for City Council review submitted by the applicant. Note: In response to lire applicant's narrative submitted with the request for City Council review, the portable classroom structures) and/or location on the site were not included on plans y, previously approved by the Planning Department with the Certificate of Zoning Compliance for the elementary school in 2006. This is the first portable classroom to be approved under the City's new design standard In effect as of February 4, 2009. Compliance with design standards is required with all new development subject to certificate of zoning compliance (CZC) approval andtor building permit: the proposed portable classroom requires both a CZC & a building permit. $s Planning Department". 33 E. Broadway_Avenue, Suite 210, Meridian, ID 83642 Phone 208-884=5533 . Fax 208-888-6854 . v4W.meridiancity.org J E.,N+ -- onHo August 13, 2009 Mr, Joe Presher Hutchison Smith Architects 270 North 27" St, Suite A Boise, ID 83702 i Mayor Tammy de Weerd City Council Members: Keith Bird Brad Hoaglun ' Charles Rountree David Zaremba I 9 RE: PARAMOUNI PORIABLE CLASSROOM STRUCTURE CERIIFICATE OF ZONING COMPIANCE CZC-09-039/ DESIGN REVIEW DES -09-020 i Dear Presher: r This letter is in response to your application for Design Review for the construction of a new portable classroom structure located at the Paramount Elementary School. The proposed building is subject to the design review standards listed in UDC 11-3A-19 and the City of'Meridian Design Manual, i In reviewing the portable classroom againsrthe UDC standards, We note the following: • The building fh9ades visible from the public street (N. Dietrich Ave) do not incorporate modulations in the fagade, including but not limited to, projections, recesses, and step backs that articulate wall planes and break up building mass. Facades shall°be modulated and articulated in accord w/the Design Manual. • the primary building enttance(s) are not clearly defined by the architectural design of the building.. e The roof design.does not provide variations in profile through modulation and/or articulation in accord with the Design Manual, including but not limited to the following: 1)overhanging eaves, 2) sloped roofs, 3)two or more roof planes, 4)vaiyingparapet heights, and 5)'cornices, In reviewing the portable classrooms against the City of Meridian Design Manual, we note the following: 3 4 Planning Department . 33 E, Broadway Avenue, Meridian, ID 83642 Phone 208-884-5533 Fax 208-888-5854 www meridiancity.org 4 • Landscaping should be installed in accordance with the objectives and guidelines listed in the Design Manual for.subur6n developments (see section DA .6); currently, no new landscaping is proposed. S • The architectural character of the building should be consistent with the guidelines listed in section'•D.2 of the DesigrWanual.. In accordance with UDC 11 -SA -3F and UDC 11 -SA -6, you have the ,option to appeal this decision to the City Council. All City Council Reviews (appeals) shall 'be filed in writing, with the Planning aDepartment,wwithin fifteen (15),days after the date. of this letter. The appeal will be forwarded to the` City Council to conduct a public hearing;. The appeal should specify the grounds upon which the appeal is filed: I have attached the City Council Review application and °checklist to this letter, should yoWdecide to file an appeal of the Director's determination. Please feel free to contact me or Sonya Watters at 8845533 with any questions or concerns. Sincerely, , eter J Friedman, AICP Deputy Director City ofMeridian Planning Department 4 i 1 •�OINT SCHOOL DISTRICT NO. 2 l 1303 E. CENTRAL DRIVE MERIDIAN, IDAHO 83642 DR. LINDA CLARK SUPERINTENDENT August 17, 2009 Dear City Council Members: ' The primary affected party is the current 792 students who attend Paramount Elementary. Paramount, which opened in fall 2008, has a design capacity of 650 students. Without the portable classrooms being requested by the school district, students will need to be added to classes already established in regular classrooms, and also to classes already established in alternative spaces available in the building. However, the allowable room occupancy will not allow all students to be added to these classrooms; some currently enrolled students may have to be bused to the nearest school with available space. In addition, the school's future enrollment will need to be capped, and any new students who move into the area served by Paramount Elementary will also be required to be bused. In short, without portable classrooms, Paramount is entirely out of usable space. The sites for the portable buildings being proposed for installation by the district were approved during the site and building review and permitting process prior to the construction of Paramount Elementary. The design and layout for locating future portables were planned and approved by the City of Meridian as part of these plans. This is the same type of planning that has occurred with many recently - constructed buildings in within the City of Meridian, and the portable buildings being proposed for installation are the same buildings that the city previously approved as recently as at Mountain View High School last school year. The Meridian School District seeks approval of a conditional use permit to place portables at Paramount Elementary. The district is proposing the placement of temporary, state -approved portable buildings to accommodate the high enrollment numbers at Paramount. These buildings do not constitute new construction, which is the area covered by the design ordinance. These are already constructed buildings that are being proposed to temporarily relieve overcrowding. To not allow the school district to use such state -approved, modular buildings would cause a hardship on the students at Paramount Elementary in the short run, and cause taxpayers to incur considerable extra expense in the long run. I 1 Sincerely, Eric Exline } Public Information Officer , E I ID1 i ,.•r + HtO August 18, 2009 MEMORANDUM TO: �Niayor & City Council FROM: Sonya Watters MayorTarnmy de Weerd City Council Members: Keith Bird Brad Hoaglun Charles Rountree David Zaremba CC: Anna Canning, Pete Friedman., City Clerk, Joe Presher RE: Paramount. Elementary School Portable Classroom Certificate of Zoning Compliance (CZC-09-039) & Design Review (DES -09-020) On July 29, 2009, Joe Presher, Hutchison Smith Architects, on behalf of the Joint School District No. 2, submitted an application .for Certificate of Zoning Compliance and Design .Review approval of a portable classroom structure for Paramount Elementary School. The Planning Department reviewed the application and sent a letter to the applicant on August 13, 2009, detailing several items needing to be addressed in order for the site and structure to comply with the minimum design standards listed in UDC l 1-3A-19 and the Design Manual (see attached letter). In response, the applicant has requested City Council Review of the Director's Decision on this matter. For additional information, please see the application for City Council review submitted by the applicant. ,,Vote: In response to the applicant's narrative submitted with the request.for City Council review, the portable classroom structure(s) and or location on the site were not included on plans previously approved by the Planning Department with the Cerlificate of Zoning (.,nmpliance for the elementw-j, school in 2006 This is the, first portable classroom to be approved under the City 's new design standard in effect as �f-February 4, 2009. (.'nmpliance with design standards is required with all new development subject to cert ficate gfzonitg compliance (CZC) approval and/or building permit; the proposed portable classroom requires both a CZC & a building permit Planning Department . 33 E. Broadway Avenue, Suite 210, Meridian, ID 83642 Phone 208-884-5533 . Fax 208-888-6854 . www.meridiancity.org Mayor Tammy de Weerd E IDIA City Council Members: Kelth "' Hoa Bird Brad Noaglun Charles Rountree I DA H David Zaremba .August 13, 2009 .vh . Tae Presher Hutchison Smith Architects 270 North 27`y' St. Suite A Boise, I'D 83702 RE: PARAMOUNT PORTABLE CLASSROOM STRUCTURE CERTIFICATE OF ZONING COMPLANCE CZC-09-039/ DESIGN REVIEW DES -09-020 Dear Presher: `This letter is in response to your application for Design Review for the construction of a new portable classro6m structure located at the Paramount Elementary School.. The proposed building is subject to the design review standards listed in UDC 11-3A-19 and the City of'Mmidian Design Manual. In reviewing the portable classroom against the UDC standards, we note the following: The building facades visible from the public street (N. Dietrich Ave ) do not incorporate modulations in the facade, including but not limited to, projections, recesses, and step backs that articulate wall planes and break up building mass F acades shall be modulated and articulated in accord w/the Design Manual. The primary building entia'nce(s) are not clearly defined by the architectural design of the building.. The roofdesign does not provide variations in profile tluough modulation and/or articulation in accord with the Design Manual, including but not limited to the following: 1)overhanging eaves, 2) sloped roofs, 3)two or, more roof planes, 4)varying parapet heights, and 5) cornices. In reviewing the portable classrooms against the City of :Meridian Design Manual, we note the following: Planning Department . 33 E. Broadway Avenue, Meridian, 10 8364.2 Pho=ne 208-884-5533 Fax 208-888-6854 www meridiancity org • Landscaping should be installed in accordance with the objectives and guidelines listed in the Design Manual for suburban developments (see section D.1.6); currently, no new landscaping is proposed. • The architectural character of the building should be consistent with the guidelines listed in section D.2 of the Design Manual. In accordance with UDC 11 -5A -3F and U.DC 11-5A-6, you have the option to appeal this decision to the City Council. All City Council Reviews (appeals) shall be filed in writing with the Planning Department within fifteen (15) days after the date of this letter The appeal will be forwarded to the City Council to conduct a public hearing The appeal should specify the grounds upon which the appeal is filed. I have attached the City Council Review application and checklist to this letter; should you decide to file an appeal of the Director's determination. Please feel free to contact me or Sonya Watters at 884-5533 with any questions or concerns. Sincerely, )eteiJ. Friedman, AICP Deputy Director City of Meridian Planning Depattment A CITY OF MERIDIAN CITY COUNCIL PUBLIC HEARING SIGN-UP SHEET DATE August 25, 2009 ITEM # $ PROJECT NUMBER AP 09-002 PROJECT NAME I Paramount Elementary School PLEASE PRINT NAME I FOR AGAINST INEUTRAL -1 ;r 0 CITY ®F�g rn. CITY CLERKS OFFICE 0 August 21, 2009 - MERIDIAN CITY COUNCIL MEETING Augusf 25, 2009 APPLICANT ITEM NO. 9 -.REQUEST Bid Protest Hearing of Emulsion Polymer Bid Award by Nalco AGENCY COMMENTS CITY CLERK: See attached CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: 'CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: T Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. Attn: Ms. J Holman Subject: Emulsion Polymer Bid Dear Ms, Holman, - I am writing to protest the award of the emulsion polymer purchase to Weschem. Nalco participated in the field trials as requested by the city. Nalco participated believing that if our chemical performed more cost effectively than the competitors product, we had the opportunity to be selected as the city supplier for the upcoming year. We believe the Nalco proposal and performance represented the best value for the city. We achieved 21%-22% solids consistently as was demonstrated during our trial and we believe our bid should be accepted and our lowest cost per ton of treated biosolids should enable the,award}to go to Nalco. Please advise how our bid was determined to be "non- responsive". Sincerely, Michael Lesniak District Manager Cc: Jason Evans John Deverall NALCO 4 Nalco Company 1601 Diehl Road b Naperville, IL 60563 August 19, 2009 1-509-981-5184 www.nalco.com m esnia c .na co.com City of Meridian Purchasing Department 33 East Broadway Ave Meridian,, ID 83642 Attn: Ms. J Holman Subject: Emulsion Polymer Bid Dear Ms, Holman, - I am writing to protest the award of the emulsion polymer purchase to Weschem. Nalco participated in the field trials as requested by the city. Nalco participated believing that if our chemical performed more cost effectively than the competitors product, we had the opportunity to be selected as the city supplier for the upcoming year. We believe the Nalco proposal and performance represented the best value for the city. We achieved 21%-22% solids consistently as was demonstrated during our trial and we believe our bid should be accepted and our lowest cost per ton of treated biosolids should enable the,award}to go to Nalco. Please advise how our bid was determined to be "non- responsive". Sincerely, Michael Lesniak District Manager Cc: Jason Evans John Deverall