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2012-02-14
C�WER.1AN -- AHO CITY COUNCIL REGULAR MEETING AGENDA Tuesday, February 14, 2012 at 3:00 PM 1. Roll -Call Attendance X David Zaremba X Brad Hoaglun X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd 2. Pledge of Allegiance 3. Adoption of the Agenda Adopted 4. Consent Agenda Approved A. Approve Minutes of January 3, 2012 Pre -Council Meeting B. Approve Minutes of January 27, 2012 City Council Special Meeting C. Ten Mile/Ustick Intersection Project Cost Share Permit D. Professional Services Agreement with Kathy Drury -Bogle for Human Resources Training Services E. Dog Licensing Designee Agreement with Meridian Vet Located at 421 W. Franklin Rd., Meridian, Idaho F. Dog Licensing Designee Agreement with Settlers Park Veterinary Hospital Located at 3220 N. Meridian Rd., Meridian Idaho G. Dog Licensing Designee Agreement with Treasure Valley Vet Hospital Located at 2600 S. Meridian Rd., Meridian Idaho H. Dog Licensing Designee Agreement with Pet Care Clinic Located at 1151 E. Fairview Ave., Meridian Idaho Meridian City Council Meeting Agenda —Tuesday, February 14, 2012 Page 1 of 3 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. I. Dog Licensing Designee Agreement with the Idaho Humane Society Located at 4775 Doberman St., Boise Idaho J. Dog Licensing Agreement with Intermountain Pet Hospital Located at 800 W. Overland Rd., Meridian Idaho 5. Items Moved From Consent Agenda 6. Community Items/Presentations A. Ordinance No. 12-1503: An Ordinance of the City of Meridian Amending Title 1, Chapter 8 of the Meridian City Code, Relating to the Titles, Duties and Responsibilities of Director Positions Approved B. Mayor's Office: Appointment of the Community Development Director Approved C. Private Security License Denial Appeal by Dennis Hogan Denied 7. Department Reports A. Meridian Parks & Recreation Commission: Presentation Regarding 2011 Accomplishments & 2012 All -Commission Goals B. Finance Department: Audit Report by Kevin Smith with Eide Bailly Motion Approved to Accept the Audit Report C. Mayor's Office: Strategic Plan Update D. Clerk's Office, Code Enforcement, and Legal Department: Temporary Use Permit Code Updates — Proposed Time Limit Extension for Temporary Sales Units, Garage Sale Frequency Clarification, and Temporary Construction Site Standards Motion Approved to Move Forward E. Finance Department: Budget Amendment for Project Management Software for the Not -to -Exceed Amount of 40,383.00 Approved F. Planning Department: Discussion on Annexation Requirements/Concept Plans Meridian City Council Meeting Agenda — Tuesday, February 14, 2012 Page 2 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. G. Planning Department: Meridian Road, Ustick to Chinden - Discussion on 3 Lanes Versus 5 Lanes H. Purchasing Department Report: Approval of Award of Bid and Agreement for "NW 1st Street Water Main Replacement — Construction" to Start Construction LLC., and Authorize the Mayor to Sign the Agreement and the Clerk to Attest for the Not -to -Exceed Amount of $88,619.50 Approved Fire Department, Clerk's Office, and Planning Department Discussion: Fireworks Code Updates — Application and Inspection Process, Signs, and Standards Legal Department: Board of Adjustment Update 8. Future Meeting Topics Adjourned at 5:59 p.m. Meridian City Council Meeting Agenda — Tuesday, February 14, 2012 Page 3 of 3 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 February 14, 2012 A meeting of the Meridian City Council was called to order at 3:00 p.m., Tuesday, February 14, 2012, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Charlie Rountree, David Zaremba, Keith Bird, and Brad Hoaglun. Others Present: Bill Nary, Jaycee Holman, Pete Friedman, John Overton, Perry Palmer, Steve Siddoway, Stacy Kilchenmann, Rich Dees, and Keith Wafts. 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: -- Council meeting. We would like to welcome you here this afternoon. For the record it is Tuesday, February 14th. It's five minutes after 3:00. We will start with roll call attendance. Madam Clerk. Item No. 2: Pledge of Allegiance De Weerd: Item No. 2 is our Pledge of Allegiance. If you will all rise and join us in the pledge. (Pledge of Allegiance recited.) Item No. 3: Adoption of the Agenda De Weerd: Item No. 3 is adoption of the agenda. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: Under today's agenda, Item 6-A, that ordinance is number 12-1503. And with that noted, Madam Mayor, I move adoption of the agenda as printed. Rountree: Second. De Weerd: I have a motion and a second to adopt the agenda as printed. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Meridian City Council February 14, 2012 Page 2 of 55 Item No. 4: Consent Agenda A. Approve Minutes of January 3, 2012 Pre -Council Meeting B. Approve Minutes of January 27, 2012 City Council Special Meeting C. Ten Mile/Ustick Intersection Project Cost Share Permit D. Professional Services Agreement with Kathy Drury -Bogle for Human Resources Training Services E. Dog Licensing Designee Agreement with Meridian Vet Located at 421 W. Franklin Rd., Meridian, Idaho Dog Licensing Designee Agreement with Settlers Park Veterinary Hospital Located at 3220 N. Meridian Rd., Meridian Idaho F. Dog Licensing Designee Agreement with Treasure Valley Vet Hospital Located at 2600 S. Meridian Rd., Meridian Idaho G. Dog Licensing Designee Agreement with Pet Care Clinic Located at 1151 E. Fairview Ave., Meridian Idaho H. Dog Licensing Designee Agreement with the Idaho Humane Society Located at 4775 Doberman St., Boise Idaho I. Dog Licensing Agreement with Intermountain Pet Hospital Located at 800 W. Overland Rd., Meridian Idaho De Weerd: Item 4, Consent Agenda. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: No changes on our Consent Agenda. I move approval of the Consent Agenda and the Mayor to sign and Clerk to attest. Rountree: Second. De Weerd: I have a motion and a second to approve the Consent Agenda. Madam Clerk, will you call roll. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Meridian City Council February 14, 2012 Page 3 of 55 Item 5: Items Moved From Consent Agenda De Weerd: There were no items moved from the Consent Agenda. Item 6: Community Items/Presentations A. Ordinance No. 12-1503: An Ordinance of the City of Meridian Amending Title 1, Chapter 8 of the Meridian City Code, Relating to the Titles, Duties and Responsibilities of Director Positions De Weerd: We will move to Item No. 6-A, which is Ordinance 12-1503. Madam Clerk, will you, please, read this ordinance by title only. Holman: Thank you, Madam Mayor. City of Meridian Ordinance No. 12-1503, an ordinance of the City of Meridian amending Title 1, Chapter 8, of the Meridian City Code relating to the titles, duties and responsibilities of director position. De Weerd: You have heard this ordinance read by title only. Is there anyone who would like to hear it read in its entirety? Seeing none -- Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve Item 6-A, Ordinance 12-1503. Zaremba: Second. De Weerd: I have a motion and a second to approve Item 6-A. If there is no discussion, Madam Clerk. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Zaremba: Does that need a suspension of rules? Rountree: That was the maker's intent. Nary: It should be in the document. De Weerd: With suspension of rules. Meridian City Council February 14, 2012 Page 4 of 55 Rountree: Yes. De Weerd: Did second not think that he was seconding that? Zaremba: Second agrees. Yes. B. Mayor's Office: Appointment of the Community Development Director De Weerd: Okay. Item 6-13 under my office. Certainly Council in front of you you do have information regarding the appointment of our community development director. Bruce Chatterton is with us today, who I will introduce to you in a moment. We are very fortunate to have this appointment in front of you for your consideration. We started advertising for it late this summer and have had several different interviews and as I told our Development Services, our Building Department, and our Planning Department, is we were not going to settle until we found the right person and, Council, I certainly feel that we found the right person for our community. He comes with 25 years of experience. Certainly has had experience bringing teams together and to a unified effort and we think that as our first community development director we couldn't have selected a better person to unify these -- these two departments and start moving our planning and building and permitting efforts to that next level of service. So, I would stand ready for any comments or questions. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I think it's a great opportunity for the city. Anytime we can take the talent from our suburb to the east and bring it to -- bring it to Meridian where it belongs, it's a -- it's a great day. So, welcome to Meridian. De Weerd: Thank you. And I was going to ask Bruce to say a few words, but I will do that after he has already been appointed, so he can't back out. Zaremba: Madam Mayor? Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I was just going to add that I had the opportunity to meet him and see him at a couple of conferences and have been impressed. I'm very happy to have him joining us and I'm pleased to be the liaison to the department that he will be creating and transitioning and look forward to working with you throughout this next year. I think that's great. De Weerd: And, Council, I would add that we did have him in to do a presentation in front of the two staffs, like we have done with the other candidates, and I heard nothing Meridian City Council February 14, 2012 Page 5 of 55 but positive comments at the conclusion of that. So, I stand for a motion on this appointment. Rountree: Madam Mayor? De Weerd: Mr. -- any questions? Bird: No. I was just going to make a motion. De Weerd: Okay. Mr. Bird. Bird: I move that we appoint -- approve the appointment of Mr. Chatterton to our community development director. Rountree: Second. De Weerd: I have a motion and a second. Any discussion? Hoaglun: Madam Mayor, the only thing that worries me from a different perspective -- you're going to have him speak after we vote. See, then, we can't change our vote once we hear him speak, so -- De Weerd: There is always reasons for my insanity. Hoaglun: But I think he will be okay. De Weerd: Thank you. Madam Clerk. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. De Weerd: Bruce, would you like to say a few words? We appreciate you being here. By the way, his first day is going to be March 12th. Chatterton: Madam Mayor, Council Members, thank you for that literal vote of confidence. Appreciate it very much. I look forward to working with you all. You know -- and I have to apologize for looking a little scruffier than I usually do. I didn't -- I'm in the middle of growing back my beard and so no disrespect intended, please. You know, one of the things I'm concerned about in talking with the Mayor and her team is this idea of a motto that you guys are actually putting into -- into reality, the idea that Meridian is built for business and designed for living. That balance between economic development and the quality of life, you know, those two things being intertwined. Family friendly and yet also being business friendly. That's an idea that we really want Meridian City Council February 14, 2012 Page 6 of 55 to explore and I think one of the things I want to point out and I'd love to -- you know, with the Mayor's direction, talk with each of you individually is what you all as a group are -- and individually are interested in. I am not going to be bringing ideas from Boise or any other place that I have worked previously and try to shoe horn them in as the solution for Meridian. We have to craft solutions that are appropriate for Meridian's unique set of needs and make sure that we are solving for the right problem. So, with your help I think we can get there. And, again, thanks so much for your vote of confidence. Bird: Thank you. De Weerd: Thank you, Bruce. Any questions or ribbing? Rountree: Madam Mayor, just -- Bruce's outreach to us as individuals and I welcome that opportunity and would enjoy the opportunity to sit down and talk about what -- what we have done the past year in terms of the Council and making the decision to combine these two departments. What I have seen with my terms on the Council and the directions that we have been going over the years and just get a sense of what you might be bringing as well, so -- Chatterton: Very good. Rountree: We will make time to get that done I believe from my point De Weerd: Well, I'm grateful that Bruce accepted the offer and we are very enthusiastic and excited to have him on board and to get rolling, because we have got work to do. Chatterton: Yes. De Weerd: So, thank you, Bruce. Chatterton: Thanks so much. De Weerd: And, Council, I would like to take a motion -- or a moment and thank Rich for taking the reins and pulling the two work groups together into one single physical space. He did that well above the time frame that I had asked him to. You know, actually, half the time frame, I believe, and so, Rich, we certainly appreciate all of your efforts in terms of bringing these two work groups together and to look at some of the items and have them well flushed out before Bruce take the reins, so that you can brief him on some of the issues facing the department. I know you have been in a data collection mode and -- and certainly Bruce will be the benefactor of that. Additionally, I would like to thank Pete for the several hats that he's been wearing as we have looked at the transition and we are real excited about how this will look in the next several months to come and I -- I can say that both of the divisions in Development Services and Planning have been very receptive to ideas, they have embraced the merging of Meridian City Council February 14, 2012 Page 7 of 55 the two departments, and this is all positive in moving this -- this effort forward. Rich, do you have anything you wanted to add? Dees: Thank you, Madam Mayor. No. Just to say thank you very much for your support. I appreciate it very much. A lot of folks did a lot of things in those first few weeks and I'm very happy that you have a great team now in Building and Planning and with Bruce's leadership it will do nothing but blossom. So, thank you very much for the opportunity. C. Private Security License Denial Appeal by Dennis Hogan De Weerd: Well, you were a breath of fresh air. I will say that. So, thank you. Okay. If there is nothing further on this item, Council, we will move to Item 6-C and it's -- is Dennis Hogan here? Are you Dennis? Please come forward. Thank you for being here. If you will, please, state your name and your address for the public record. Hogan: Dennis Hogan. 822 East Ronel Avenue, Nampa, Idaho. De Weerd: Thank you. Hogan: I would appreciate any reconsideration for the license application, because I'm -- it's the first time I have been in trouble in 45 years. The last time that I can remember ever having anything is -- besides a speeding ticket, which I think most of us have had -- is 1964, three days home from the service and got in trouble right here in your lovely city. But, anyway, this was a verbal argument between myself and a neighbor lady. I'm across the street. There is a street separating us and I made a comment that -- it was out of line. I admit that I did say it. But I don't know that -- you know, I can't understand how she heard me, because -- even though I'm deaf. But there was her and another lady and she was clear up by the neighbor's garage and she even claims she heard my comment. Well, there was two of them and one of me, so I was having a difficult time disputing what they had said -- you know, what I had said to her. So, consequently, I did have to pay the price. De Weerd: So, Council, you do have Mr. Hogan's appeal in front of you and certainly he is available if you have any questions. Hogan: This is my livelihood, too. I just work part time. I'm retired and if I don't get the license I can't work. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Madam Mayor, Members of the Council, I don't know if I -- I think all you have in your packet is the appeal letter from Mr. Hogan. I don't know if you need some background. This is an application -- and if Madam Mayor's okay with it, we can ask Meridian City Council February 14, 2012 Page 6 of 55 Lieutenant Overton to also provide some information. Basically, Mr. Hogan has applied for a private security license. We do a background check that's required by our ordinance. What we discovered in the background check is that he has a conviction for a misdemeanor charge and under our ordinance that's a disqualifying event for having a license of this type. Having any type of misdemeanor charge within the last five years, other than a traffic misdemeanor, prohibits you from having a license for private security. The police department and Lieutenant Overton did the background checks and has the information on the specific conviction of what that was for to provide you and that's the basis of Mr. Hogan's appeal. De Weerd: Lieutenant, do you have any additional information you would like to add? Overton: Well, Madam Mayor, Members of the Council, just to lay a little more groundwork. As Mr. Hogan has stated, this came in as an application for a private security license and my job as the chief designee on all licenses is do backgrounds under city code for the clerk's office and in doing those I discovered the 2009 conviction of a misdemeanor, disturbing the peace, out of the city of Nampa and that is an automatic disqualifier under the city code for a misdemeanor that occurred within that five year period and at that point when I get those I notify the clerk that from the background aspect of that license application we recommend denial and at that point I did recommend it to.the city.clerk's office that the application for Mr. Hogan be. denied and I'm open for any questions. De Weerd: Thank you, lieutenant. Council, any questions? Rountree: Madam Mayor, just a question for Bill. On the appeal of this and the decision of the Council identified as the appeal process or would it require a variance to the ordinance and, then, some action on the appeal depending how it went? Nary: Madam Mayor, Members of the Council, Council Member Rountree, in the ordinance what it states is that if -- if an application for a license is denied your appeal is to the Council. Rountree: Okay. Nary: It doesn't state -- I mean in this particular circumstance we would be having to, essentially, waive that requirement of the ordinance and the only way -- the only thing I could recommend to you, to do that is if your direction is you want to change the ordinance entirely for everybody that applies. In this circumstance, otherwise, there wouldn't be any other -- there is no mistake or error or time issue that's in error that may have been a cause for that. So, it certainly falls within the ordinance as it's written. De Weerd: Any questions from Council? Mr. Hogan, any final remarks? Hogan: Pardon? Meridian City Council February 14, 2012 Page 9 of 55 De Weerd: Any concluding remarks you would like to make? Hogan: No, ma'am. I appreciate your time. De Weerd: Thank you. Appreciate your time, too. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Based on our ordinance and the language in the ordinance, I don't see any -- any reason to establish a precedent where we weigh the merits or non -merits of a misdemeanor offense that has been prosecuted and there has been a conviction. So, I would say that we deny the request to overturn the appeal. Bird: Second. Rountree: Or we deny the appeal. Bird: Second. De Weerd: Okay. I have a motion and a second. Any discussion? Zaremba: Just a question. I'm assuming that there is a time limit on it. Once five years has past since the offense he would be welcome to apply again? Nary: Madam Mayor, Members of the Council, Council Member Zaremba, yes, that's correct. Five years is our cutoff date. So, once that five years has expired the person would be -- that wouldn't disqualify them any longer. Zaremba: Thank you. De Weerd: Okay. I appreciate that clarification, Mr. Zaremba. Any further discussion? Madam Clerk, will you call roll. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. MOTION CARRIED: ALL AYES. De Weerd: Thank you for joining us, Mr. Hogan, and I'm sure you understand the precedence that we are very reluctant to set in this. So, we do appreciate you being here with us today. Hogan: Thank you. Item 7: Department Reports Meridian City Council February 14, 2012 Page 10 of 55 A. Meridian Parks & Recreation Commission: Presentation Regarding 2011 Accomplishments & 2012 All -Commission Goals De Weerd: Thank you. Okay. Council, under Item 7, Department Reports, we have our Meridian Parks and Recreation Commission chair. Phil, thank you for joining us today. He's here to give a year end review and kind of an overview of their coming year. Liddell: Good afternoon, Madam Mayor, Members of City Council. Phil Liddell with the Meridian Parks and Rec Commission. A week or so ago we submitted a letter to the Mayor with regards to our accomplishments and our goals for the upcoming year and at this time I'd like to just kind of review those with you and I will just read, basically, the contents of the letter and if you have any questions I'll take those at the end. So, each calendar year the Parks and Rec Commission sets goals and priorities to strive to accomplish. I'm pleased to report that in 2011 some of the major accomplishments were as follows: There is three committees, to begin with, as you're well aware and we ask for each one of those committees to submit an item or two that they had successfully accomplished. So, I will read those to you. The park amenities and signage committee has been focusing their efforts on several goals over the past year. Most notably they just completed an in-depth assessment and evaluation of each of Meridian's.active and passive park amenities and features. The information will be used to help determine and recommend the need for new amenities and any other park modifications or improvements. A second task that the committee has been engaged with is developing a design for individual park dedication plaques for each of our individual parks. The vision is to create a prototype plaque that would be used and tailored for each specific park. Generally the plaque would indicate the park name, a dedication date, a brief dedication statement, a listing of key individuals and organizations that played a major roll in the park's development, along with those city officials who were seated at the time of the park dedication. The prototype has been accomplished and we are moving forward with the individual park plaques. We plan to bring this before the City Council early this calendar year and just for your information that plaque would resemble something to the effect of the one on the outside of the City Hall here as you enter through the double doors there. The third task has been the development of a new standard for citywide signage regarding our parks and pathways. The creation of a new pathway signage for the Diane and Winston Moore Pathway. We are in the process of several styles of signs from a local sign maker. The pathway directional signs will include the name of the pathway, along with the city's logo and a list of recognizable other international symbols indicating activities deemed appropriate for the pathway. The community liaison committee saw the accomplishment of -- through the dog park task force beginning their quest to raise money for the development of the future dog park at the Borup property. The task force -- dog park task force attended many events seeking donations and raised over 2,700 dollars in the first annual bark park scramble last summer. In addition, the committee started the process of reaching out to the citizens of Meridian, better informing them in regard to Meridian's parks and pathways through an updated department brochure and approving online information. The recreation and special events committee took the lead to plan Meridian City Council February 14, 2012 Page 11 of 55 and coordinate one new fundraising activity for last year, which was the first annual bark park scramble, which was held last May at Lake View Golf Club. The golf tournament was well attended and we look forward to this year's second annual event and the funds raised for that will be cherished and put forward to the dog park. In December of last year, as we do in each -- each December, the commission identified its 2012 all commission goals as follows: Number one -- first of all, let me brief you how that is. We go through and plan out -- or list our goals we'd like to consider. Then each one of the commissioners votes and puts them in a priority order and, then, we add those and make an average and we come up with this list of priorities. So, number one was the pathways implementation, coordinating safe routes to schools, working with ACHD community programs, east -west bicycle connections and the rail corridor. Number two was work with the Kleiner Park trust to develop the memorial park, to get it completed, and to open -- and open to the public, keeping the commission updated on activities. Number three, create a partnership proposal process, an application, a policy. This will be to work with other agencies in cooperative projects and similar interests, so we can interact closer with these other agencies, whether they be other parks departments or agencies of some sort. They have similar goals. Start the production of Meridian Parks and Recreation Department community video, which would highlight events and park futures and generally profile what Meridian Parks and Recreation is all about. We are excited about that and that's something that's going to be exciting to see complete. Refine and implement for property concept plan and continue to work with the dog park task force to create benchmarks, investigate any potential expansion opportunities and investigate the feasibility of a softball complex or a rodeo facility. Number six was improve communication among commission members through combined workshops and other events, whether they be a social get together in the form of a party, a barbecue, or committee workshops, dog park task force workshop, et cetera. And engage in this type of setting so that we have this cross -committee participation and unification, if you will. Engage other task force commissions and agencies through workshops and other outreach. Hold an annual team building event, such as a softball game or bowling or a ropes course or some other activity that we still need to shake out. Implement the park dedication signs at all parks. Like I said before, we are hoping to get the majority of those to you this -- early this year. Improve external communication with the public by streaming and archiving commission meetings on the internet and updating publications and using social media outlets and forums, such as Facebook, more effectively. So, those are -- those are the accomplishments from last year and what we plan to do this year and we are hoping to achieve those -- as many as possible and, as you know, some of those don't always get accomplished and get carried through to the following year. So, we will see how this goes and we are excited about the year and what it holds. So, with that if you have any questions or -- Rountree: I have none. De Weerd: Thank you, Phil. Council, any questions? Bird: Just a nice report. Meridian City Council February 14, 2012 Page 12 of 55 Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Just a comment that the goals they have accomplished this past year are really tremendous for our parks program and their recreation program, but in my mind it always comes back to the amount of time and the dedication that Phil and the rest of the commission put into this. I mean they are really and truly dedicated and a tremendous asset to the City of Meridian. I want to thank you for your dedication and your time and the value you have actually added to the city in the Parks and Recreation Department. Liddell: Well, I thank you very much. Rountree: You all do a tremendous job. Liddell: It's definitely a team effort Rountree: And I know you didn't see me much last year and I knew what you were doing and I very much appreciate it and I don't want to mettle and mess up with what you guys have got going, because,it's a good thing. Liddell: Thank you very much. Appreciate that. We appreciate that you're actively involved and can attend when you can, so -- it keeps you abreast as well. De Weerd: Well -- and, Phil, I think that Councilman Rountree speaks for all of us. We note the hard work and diligence that the commission does and the many accomplishments you choose -- or you achieved last year and certainly of 4,400 hours of volunteer hours that the Parks Department had last year, we know that a major chunk of those was from our parks commissioners. But I think that as -- certainly a model that people want to be involved and I think that really speaks to the volunteer hours in that department is people see citizens involved and they want to be a part of it and certainly if we put out position openings on the parks commission it's always well responded to and I did think that that's because people do see the energy and synergy among the commissioners. So, a heart felt thanks to you and the rest of the commission and we look forward to seeing great things happen. I don't know if Mr. Siddoway wants to make any remarks, but he's sitting over there like a proud poppa ready to burst, so I thought I better call on him. Siddoway: That's fine. Either way. But I am a bit of a proud poppa or son. I don't know which. De Weerd: See, I was more politically correct, Steve. Siddoway: But the commission has come a long way. They -- we used to have quite a hard time keeping people engaged on long term showing up to meetings, you know, Meridian City Council February 14, 2012 Page 13 of 55 having a full quorum was an issue several years ago, but over the last four years it has not been an issue and so we have been there over that time and they are engaged, they not only meet during the commission meetings, they -- there is so much interest and involvement that they meet separately outside of those meetings as committees to follow up on work tasks. So, I commend them for their efforts, thank them for their service and appreciate you being here today. Liddell: Thank you, Steve. B. Mayor's Office: Strategic Plan Update De Weerd: Thank you. And so our next department report, Item 7-B, is our Finance Department and I know Stacy always wants people to talk about the budget and certainly in an -- in an ever changing world of audit requirements, financial reporting, regulations and GAAP and all of the many acronyms that fall under Stacy's department, Stacy has every reason to be proud of her department, her staff that keeps up on all of these issues and certainly during the audit report is that time to really show the due diligence of her and her staff and so thank you, Stacy, for being here and I will turn that -- this over to you. Kilchenmann: Thank you, Madam Mayor, Members of,the Council. So, once again, we have finished an audit and it was really a lot of fun. We all had a great time. Actually, in reality, we do appreciate the professional staff that we work with from Eide Bailly and I will turn this over to our partner in charge, Kevin Smith. Eide Bailly is going to become Eide something I can't pronounce. They are undergoing a merger. So, I will turn it over to Kevin. De Weerd: Good afternoon, Kevin. Thank you forjoining us Smith: Thank you for giving me the opportunity to be here again, Madam Mayor and Members of the Council. It's my pleasure to be here and to present the financial statement for the fiscal year ended 2011 and as I look at this document you made those comments about the processes and what goes on in the accounting world and the auditing world and the standards and I was thinking back, you know, a few years ago I suspect -- and I could look back, but I suspect that the document has probably doubled in size. It's now 60 pages. And I'd say here probably ten years ago it was probably half that size. So, a lot does happen. But some of it, you know, is not so exciting for -- for most of the people, but that's kind of what keeps me going, so -- De Weerd: I thought it was Stacy writing the narrative. Smith: Well, that's part of it. That's getting -- that's getting longer, but it's -- that's great information and we will go through some of that. Maybe. But with -- you know, as far as the audit process -- and a couple things right off the bat and I usually leave it to the end, but to begin I would like to thank those that we work with on a daily basis here and, you know, so that you know, I do receive phone calls and e-mails and questions Meridian City Council February 14, 2012 Page 14 of 55 throughout the year and sometimes on a weekly basis or monthly basis and I appreciate that, because that means that, you know, when things come up that they will ask, rather than maybe struggle or try to guess or try to, you know, find answers somewhere else, but they will -- you know, they will come to us as a resource and so we are able to help them with some of those transactions that come up that just aren't your everyday transactions and we are happy to provide that service during the year. They are very prepared for us when we come in. It seems like each year is just more efficient, you know, from our standpoint. The information is ready. It's available. Documents are prepared. Reconciliations are done. And this year we had no adjustments -- no audit adjustment, which is fairly rare in an audit and that's, you know, the progress that has been made and I know that Mr. Bird, you know, recalls, you know, some of those years that we had pages of adjustments that were made, sometimes, you know, 20 different adjustments. So, you know, sitting on the Council the decisions are a lot easier to be made when there are no adjustments at the end of the year, because that means during the year, you know, that information is also complete and making, you know, decisions based on good information. Also we had no letters of comment this year, which is another area that, you know, you should be commended on, because that means that, you know, they take the process or procedures and the internal control systems very serious and they adhere to those processes and procedures and the ordinances that have been laid out. There were a couple of -- what we call as auditors -- we call past adjustments. There was items that were noted of dollar amounts that just weren't significant to the financial statements. In the governmental funds -- governmental wide across all funds, the cumulative effect of those misstatements was 17,000 dollars. So, you know, based on your budget, you know, 17,000 dollars could have -- there could have been more, but that -- that's just a fraction of a percentage of the amount that you're working with in dollars. And, then, in the Proprietary Fund, the Enterprise Fund, the water and sewer, that misstatement cumulative amount was 1,500 dollars. So, it's nothing. And those are just adjustments that we noted that just -- that we didn't make, because of the dollar amounts being insignificant. We did issue an unqualified or clean opinion this year and we also issued a letter related to the internal controls, the processes and procedures and we do a lot of procedures, tests of those controls and, you know, find those in compliance, especially as it relates to the federal money. We do some separate procedures on the federal money that comes in, specifically to the compliance of those, that that money is spent in accordance with the compliance requirements that those -- that that money falls under from the federal government. There was one new pronouncement this year that really had no financial affect, but it's disclosed in the financial statement and in the opinion letter and it was related to your fund balance. I think we talked about that in Meridian Development Corp. And part of that is just the wording of the fund balance under the General Fund it will be a little bit different. Rather than just being unrestricted and restricted, it is now spendable, unspendable, and so the dollar amounts don't change, but just the headings or the titles change a little bit for -- just for the governmental funds. In the governmental fund -- or stand alone before it is rolled up into a full accrual, there was an increase in fund balance of about 500,000 dollars and if you look on page 16, if you have the document in front of you, it talked about, you know, the part that Stacy writes and this is -- this is the part that her and her staff put together and I wanted to spend a little bit of time just Meridian City Council February 14, 2012 Page 15 of 55 kind of looking at these graphs and these pictures, rather than going through a lot of numbers. But on page 16 on these graphs it shows, you know, the General Fund and where the actual revenue comes from and, you know, the bulk of that revenue, obviously, is property tax, being 61 percent. But, then, on the -- down in the expense side when you compare the expenses to the budget, it gives a good picture of 2010, 2011, and just note how close those graphs are and so that means that what you plan during the year and what's carried out is very close and, obviously, as I look at the numbers there were very few of those amounts that went over as far as from a budget standpoint. In fact, maybe not any of them. Maybe there were a couple line items. But -- so, that means that you set a budget and, then, you adhere to that budget and you keep track of those funds in going forward and when you amend the budget, you know, when you have that opportunity to make those changes appropriately and, then, adhere to -- to those decisions that were made at the beginning of the year and follow that plan. In the Enterprise Fund, on -- starting on page eight, we have kind of the same type of graphs. I wanted to walk through just a couple of them and note a couple -- couple of items. Actually on page nine is where that starts. And these trends won't surprise you. I mean it's the picture that's been painted for the last four or five years. They have gone back from 2004 to 2000 -- to 2011 and it shows the graphs of -- on this particular graph shows the capital -- the capital expenditures and, then, the developer contributed capital. And you can see those as trending down, you know, since 2000 -- especially 2007.. You know, we obviously know -- know the reasons for those trends. And, then, also on page ten that you will see the -- invested in capital assets and it's just kind of leveled out and I suspect we will continue to see that. And, then, also on the unrestricted fund balance, just leveling out also. And, then, the connection fee on page 11, 1 thought this one really told the story of what's happened in the community and throughout -- throughout the nation is, you know, the hook -on fees, which in -- back in 2005, 2006, was significant and, then, that's -- that was the source of the revenue at that point. In fact, you couldn't hook them on fast enough, you know, the demands were so great and, then, as you see that trend just are going down and -- you know. So, those pictures are -- I think really tell the story of what's happened. But also, you know, with that excess -- the excess funds that you have put away since 2005 and 2006, you know, when that was available and, you know, put the money away, at some point -- you know, at least I think we talked about this before, you know, those -- the sewer project, the water project, and the wells, the pipes, the lines, all that's going to have to be maintained and replaced in the future years and there could be some additional growth and there has been some really good growth in just the last few years most significant things have happened, especially in the business sector in the City of Meridian. And, hopefully, that will continue. There is going to be demands on that -- on those funds and so, you know, I'd just recommend that you continue to put in place, you know, plans and, you know, how you're going to spend that money and earmark that money the best you can, you know, for future -- future growth and future repairs. Any questions that you have of me? De Weerd: Council, any questions? Bird: Madam Mayor? Meridian City Council February 14, 2012 Page 16 of 55 De Weerd: Mr. Bird. Bird: I don't have a question, I just got a comment. Kevin, again, thank you for a great audit. The timeliness of getting it out. You beat our ordinance time. Right, Stace? And, you know, Mr. Rountree and I had the privilege of hiring you guys in '98 and you certainly haven't disappointed this Councilman and I have enjoyed working with you. You guys have been first class. You have given us a lot of good ways to go always, have always been helpful to us, and always turn out a first class audit. Thank you very much, Kevin. Smith: Appreciate that. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: Yeah. I just wanted to thank you for the partnership, because those calls -- what they have to deal with when looking at the new regulations and laws coming out of Washington, D.C., and things are changed, to be able to call you and get some guidance on that, because it is very confusing. I mean it's not clear what comes down and I know you guys scratch your heads quite a bit and try to figure it out. You comment about no audit adjustments. That's wonderful in your letter. The comments. That's great. They did a great job. But I do have to say they do complain about some of those things. They have to. So, it's not without complaint that they do these things. But they do them and they get them down and do it right. De Weerd: Finance complaining? Hoaglun: I'm sure -- I'm surprised all departments don't (unintelligible), so -- but we do appreciate that partnership and the ability to access your work and the knowledge and that of your firm, so -- anyhow, I was just curious and my one question is what -- what is Eide Bailly becoming. It's not Eide Bailly Morgan Stanley? It's not going to be something like that, is it, I'm sure? Smith: No. We are actually going through a merger. It's effective June 1st and we are merging with a firm out of the midwest again and it's a firm by the name of Wisley and they are based in Wisconsin and Illinois and they are almost the same size as us. It's a little bit smaller, so we will just about double our size. Now, as far as the effects on our City of Meridian, probably absolutely none and so we will all stay intact, the staff will stay intact and if I -- no changes from the Boise office. We are hoping that will give us more opportunities to expand some of our services and they do a lot of similar things we do, other than they don't do very much governmental. They do a lot of healthcare, banking, and that -- you know, some of our bigger areas, so it will help us expand with some bigger facilities. Meridian City Council February 14, 2012 Page 17 of 55 Hoaglun: Great. Bird: We will keep you. De Weerd: Mr. Zaremba. Zaremba: I was just going to comment the same. The support between our two groups and the help that you give us in being able to meet compliance and the report back that we are meeting compliance is all very appreciated. I would add to that. I serve on other boards and commissions, a couple of which also use Eide Bailly's services, different personnel from you, and everybody is very professional and sounds like a good company. Just one clarification for me. The items that you mentioned, one of them added up to 17,000 dollars, and the other was 1,500 dollars or something. That doesn't represent money that's missing or unaccounted for. Are you -- just make sure I understand correctly. What we are talking about is it could have been accounted for differently, it's just not missing. Smith: That's -- that's very accurate. Zaremba: Okay. Smith: And what it is -- and I will give you an example and I don't recall exactly what the 17,000 is, but an example is maybe there were some accounts payable -- maybe there were some invoices that, you know, come in late and didn't get recorded, you know, September 30th. And so that's an example. Or maybe it's a prepaid expense. So, it's just something that, you know, should have been recorded that wasn't. But it has no effect on -- yeah, it is -- it's capital leases that are accounted for as operating leases and so they shouldn't capitalize them in depreciated and the dollar amounts just aren't significant from year to year. Zaremba: Thank you. De Weerd: Mr. Rountree. Rountree: Madam Mayor, I -- I think that it's another great audit and -- and the audit and the results of the audit are an example of the terrific work that you our staff does and I thank them all sitting in the room for a job well done and for the partnership and the ability for you all to work with our auditors to identify answers to questions that might come up in the ever changing world of government accounting and thank you all for -- for the excellent results. You have come a long ways and we are getting better every year. Bird: Amen. Meridian City Council February 14, 2012 Page 18 of 55 De Weerd: Amen. So, thank you, Kevin. I said my remarks at the beginning of the new meeting. Stacy, do you want to have any conclusion remarks? But thank you for being here, Kevin. Smith: Thank you. Kilchenmann: I'd really like to thrill the rest of the staff and read the audit report in its entirety, but I'm not going to. I just want to take a second to thank my staff, some of who have come in. They do all work very hard. We are a fairly small staff, so everybody does feel some pain and, yes, we complain, but it's kind of like a superstition, the more you complain the better it will come out. Thank you. De Weerd: Oh, good golly. Okay. Now, we know why you get a good report. Thank you all for what you do and we appreciate you being here. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I move we accept the auditor's report for fiscal year 2011. Rountree: Second. De Weerd: I have a motion and a second. Any discussion? Madam Clerk, roll call, please. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. Thank you. MOTION CARRIED: ALL AYES. C. Mayor's Office: Strategic Plan Update De Weerd: Under 7-C. This is a strategic plan update for the Mayor's Office. I will turn this portion of our meeting over to our Council President for him to run the meeting. Hoaglun: Thank you, Madam Mayor. And I understand that you will be doing that presentation. As she gets down there, do we have any comments about the number of slides that she has on her powerpoint? Now is our opportunity. Bird: How many slides? Hoaglun: Yeah. How many slides. Bird: Is she going to beat Public Works? Meridian City Council February 14, 2012 Page 19 of 55 De Weerd: I will tell you, Mr. President and Council Members, that we have half the slides and they are much higher quality. Hoaglun: Thank you, Madam Mayor. You may continue. De Weerd: Well, it's certainly a privilege for me to stand in front of you to share with you the direction that our city -- our office is helping to facilitate and also to introduce you to a number of the staff. Certainly you all know them. But I would like to specifically note those that work very diligently in our office on a number of the initiatives and programs that you will be hearing about today. Certainly first Robert -- and I thought Robert was going to be sitting in the closet and so I was going to mention that he's in the closet again, but I see he's over there running our slides, which is good, because I was quite concerned after seeing at our town hall meeting how the slide presentation went with all of the presenters and I'm privileged to not have to go through that exercise. Shelly Houston is in the back. You know -- you know Shelly. Luke is at the legislature right now with the Mayor's Youth Advisory Council offering testimony on behalf -- unless he's in the closet. Okay. Offering testimony on behalf of the proposed texting while driving law by Senator Hammond. So, they were doing us proud when I left. Peggy Gardner I'm sure is watching this online, as is C.Jay Coles, who is a part-time help in our office. And Brenda -- and I think that Doug Jones next to her, thinks he's part of our staff as well, but he's not. But he's -- he's certainly helping us out and I will mention that real briefly in a moment. Jaycee, our city clerk, and Jacy -- we have this rule that we need the clerk and deputy clerk to have the same name, so we don't forget it. Nancy in the back. Sherry. Machelle, and Eli. This consists of the Mayor's office and City Clerk's office that you will be hearing about today. Recognition that we have received as a community and certainly some of that asks for collection of data that the staff pulls together. But that is some of the words that we received during this last year. Certainly would like to recognize on the best -- one hundred best places for young people. That is the fourth year that we have received it out of five years. So, that just goes to show some of the programming and certainly the community that is involved in lifting up our young people are commendable. And it is recognized. And it's also -- a strong partner is our school district. These are five strategic priorities that I outlined in the State of the City for the next four years and these were certainly things that those of us that campaigned last fall heard a lot about when we knocked on people's doors or at the various community events and so I just wanted to summarize it into these five different areas. Safe community. Responsive government. Places for our families and our citizens to go. Family wage jobs. And transportation. People want more time at home and not on the roads. So, certainly those partnerships with our transportation agencies are critically important. Safe community. I'm glad to see that Lieutenant Overton is sitting here with us, because certainly the prevention aspect of this and being pro -active to our efforts in maintaining a safe community is very important and I gave an example in the State of the City of the Mayor's anti-drug coalition. But certainly many of our crime prevention programs -- crime prevention programs are part of this and partnering with our community with coalition members to reiterating that point that we can't do it alone and certainly our policing efforts augmented with the community efforts are going to certainly have a lot more benefit and go a lot further. So, our programs with the Meridian City Council February 14, 2012 Page 20 of 55 Mayor's Anti-drug coalition are big. As well we will continue the impact team and some of that routine of crime that we are doing within our police department, we are incredibly proud of what our police department is doing in really targeting and finding those root causes of crime and finding those areas within our community that we need to stay focused on. Responsive government has a large deal to do with our department and how we work with the other departments in the community or in the city to communicate and tell the city's story, to talk about different programs that we have, to raise awareness as to those opportunities to have a voice in the direction that this city is going. We are rolling out the Meridian Way, which is building upon our culture of service and we talk about our care values of customer service as that C part of it and that C part is certainly a behavior and so we have come a long way in our customer care to our citizens and our customers and we convened a group of our top performers in the customer care areas that came together and they strategized on how we can raise our service to our community to the next level and so the Meridian Way is rolling out into our different departments, they are identifying different activities and action items that they are doing to really roll out and have a greater say in that behavior of customer care. And as we build upon our communication tools to keep people informed and to give those citizens a voice, we will look for some of the recommendations coming out of a focus group, but also we are constantly evaluating and seeing how we can we do a better job at communicating with our citizens. Places to go falls under Steve's department in part, with our parks and some of those strategies and certainly the commission plays a big roll in that with Phil and some of the items that he talked about, that this will be a focus as we bring to you the capital improvement plan that you will have certainly a say in and seeing how our finances go, but also a focus to our downtown and that downtown, it -- the city plays a huge roll in many of the aspects of Destination Downtown and looking at the CDBG through Lori and through Pete's purview, but there is a lot of different things that we have to coordinate in that and many of those come out of the Mayor's office. So, focusing on those places to go is going to also take a lot of our time as well. Family wage jobs is certainly an effort that comes out of our office through Brenda's responsibilities and she will be giving you an update on that in August. But also it's going to be working with Bruce and that newly combined effort in our community development services and how we can get -- find a more seamless approach to our way of doing business and in finding that inspection to grave and past the grave as the community evolves. So, this is an exciting time for our city. Certainly I'm excited about the direction we are going and to look forward to sharing with you results of the efforts we have underway. Our focus on value added jobs will be delivered through our strategic business enterprise corridor. We have been working with Doug Jones on the fields district. We had a white paper written several years ago and Doug has been working with Brenda, as has Roger Batt, in trying to narrow the -- the idea. Certainly we had kind of a buck -- or a buckshot perspective in that white paper and now they are narrowing it, so we can better focus on -- on who to target and what is realistic to the strength that we have in the valley as a whole and they are talking to a lot of different people and I look forward to them bringing that information back to you. As you see we also added in our State of the City the public safety district. As we looked at the public safety training center, we saw that that would be a great foundational piece to a new enterprise zone that we look at in public safety, homeland Meridian City Council February 14, 2012 Page 21 of 55 security, and related areas. We went to a trade show last month and I know I have talked to a couple of you briefly about that, but also we will be leaving tomorrow to Salt Lake to visit a couple of different facilities to again narrow and better define what this project is that you heard from the consultant in December and how we can build upon that in attracting business and family wage job as well. This is a great opportunity and we are seeing how we can leverage what we are doing, what we need to do as a city and how it can translate into other opportunities to bring those family wage jobs to Meridian. And, lastly, is transportation. Certainly that's not the least important. They are all equally important. But as we look at our time allocation right now, we are focusing on two things. The split corridor phase two and how that rolls out in partnership with our Public Works Department and Ada County Highway District and how we can maintain those relationships and communications with effect to residents and downtown businesses and how we can continue to work on our community as a whole to remind them how important it is to support this project, support the businesses and those that are affected during the construction. That's going to be key. Also in the Meridian Road interchange, working with Caleb and Robert and Councilman Rountree on the task force that has been working to really get their arms around it and how to better communicate our story and look at different ways that we can reach out into the community and beyond to raise the level of awareness for this project, look under every rock we can find to find financing and ways to progress this -- this project. And those efforts are diligently being pursued. In. transportation I would like to also commend Caleb for all of his efforts and being that point person with Ada County Highway District and ITD and also Tim Cerns as well in our Public Works Department. So, with all of that I will turn this over now to Robert. Hoaglun: Welcome, Robert. Glad to see you're out of the closet. Simison: Well, thank you very much. And that leaves 25 for me. I didn't make it to Ignite Youth. But I think I can do 25 in five minutes and we put this up against Eli's wining performance and see who you like better. How about that? Well, we could actually just stop the presentation right there. That's a lot of work for us to do over the next four years in my personal opinion, but in addition to doing that we do have the more day-to-day things that we focus on in the office. Some of those are definitely into these larger projects that the Mayor spoke about and some of them are just the things that we do on a more -- every day we do. So, I'm going to try to focus on some of those and what you see right here, it's kind of what we described as the five main areas that our staff time is kind of devoted to. You know, communications is obviously huge. Customer service. The Mayor kind of touched on that. We have our hand in a lot of the city events that go on in one way or another. The programming through the Mayor's Youth Advisory Council and Meridian's Promise and Faith Ambassador's Council and, then, just the general things that we need to do to operate the office from the Major's scheduling to other aspects. So, as it relates to communication, you know, you have seen this stuff before about what it is that we are doing. Just to provide you a brief update. I know you hear from Luke on some of this stuff, but we currently have over a thousand Facebook fans, about 1,400 Twitter followers. This Week In Meridian for where we can see how many people are seeing it, we are getting about 70 average Meridian City Council February 14, 2012 Page 22 of 55 viewers to our website. We don't know how many through Facebook, but we know that it's substantially more on Facebook. City Council average viewership, you know, we just in the last few months, we have seen about six people at a time and, then, five people afterwards going and rewatch a portion or all of the City Council meetings, so I'd like to think that you're doubling your viewership from the amount of people you might have here in a normal evening through that process, so -- and just on the websites, just to give you an idea, we have right now about 20,000 visitors to the website each month on average. From that they are visiting 82,000 pages. Now, 20,000 of those are probably the first home page, but they are going to three additional places where they are on the website on average, just to give you an idea. We are doing eight scenes a month now. City news has gone from a quarterly publication to a monthly publication within this last year and we have also begun monitoring comments which are placed on places like the Statesman about the city and having an active voice in that. If we know a story is going to come out we are trying to be on there and provide our feedback if it's -- they didn't cover the things that we felt needed to be covered. If other people start making falsehoods or comments, we are going to post our comments really to that. So, that's something new that we have been doing to try to make sure that we are not just being talked about, that we are part of the conversation. And in all of these we are going to be spending the next year really looking at the time allocation, as well as the results that we see from doing that to figure out what are the strategies that are working .that are reaching the people and the time allocations, et cetera. So, related customer, service. These are some of the groups that we feel that are our constituents from our office that we really kind of work with. Obviously, Luke, with the work that he does with the homeowners associations where, you know, went to about 32 HOAs this last year. The businesses that the Mayor and Brenda go out and visit, too, throughout the year where there is about 30 scheduled businesses in the last year. Obviously, countless more are counted, but the formalized activities. We are active with service groups. Attending the Kiwanis weekly, the Mayor has also been present at all the Meridian -- the Rotary, the Optimist and the Kiwanis making presentations during this last year, as well as being with our faith organizations and one on ones between -- with the Mayor and staff. Our city events that you -- we do on a regular basis what we are really kind of looking at -- I know you all know about Coffee With The Mayor and townhall meetings. What we tried to do for this upcoming year is look at putting them on a set schedule, so you all know when they will occur, so there will be four townhall meetings, four Coffee With The Mayor, set on recurring dates, trying to get those spread out throughout the city, so we can go and interact with the different groups. Some of it's a little difficult to try to plan that, because you don't want to manufacturer an issue, but you at least want to give the people an opportunity to be heard and if we can make it a random issue that's being discussed, we are going to do that, if we know. If not it may just be an open mike type presentation, but we are really trying to get out to all different components of the community. Obviously, just came off the State Of The City where we had five to six hundred people who were present at that event. Meridian Business Day continues with our office involvement, because, obviously, it's another group that's leading that, but we are heavily involved in some of the activities, say about 300 people attend that one. Then also this last year we started the first Meridian Neighbor Night, something we plan on continuing in this upcoming year. As it relates to programming, you have heard from Meridian City Council February 14, 2012 Page 23 of 55 MYAC, you know what they are doing, you know the numbers that they are seeing are above the previous year's pretty substantially, especially as we continue throughout the year. The Mayor and CO's book club we -- active engagement with the youth and the business community. That continues. The Faith Ambassador Council this last year has heard from the Christian Children's Ranch, Monte Stiles, they were involved in the community block party. I'm going to talk a little bit more about them here in a little bit. And, then, Meridian's Promise continues with their events, including Family Fishing Day, which will be coming up later this year in June and talk a little bit more about them later. But, generally, you know, we have the main thing -- the nuts and bolts is what I like to call this and, you know, that's just finding people to sit on the city boards and commissions, putting those out and getting the people. Doing the proclamations that people ask for. Finding volunteers to -- its a pretty much volunteer helping them find a place to go. But general office functions. And kind of the new one that we have really stepped up this last year is really our legislative efforts, not just in our department, but on a citywide level where we -- I think we started to get up about buy in from all the departments. I think everyone's always known how important it is, but they are really starting to put some staff resources and attention to what's going on and finding ways to get involved. So, it's a learning process for everyone, but that has been a focus and we kind of see how we do over the next month and a half and, then, see what changes or things that will make sense for us to do in the next year. I just want to give some examples of some of the projects we have undertaken recently.. Obviously, the Mayor talked about the Meridian Interchange Task Force, the Meridian Way. We spent some time doing some office repositioning. I will touch on that in a few minutes. But the focus groups that the Mayor has established, obviously, will have an impact on and we have been kind of helping coordinate those efforts with getting them underway. You heard earlier in 2011 about the gateway signage that we have helped do that. Doing the Meridian Road interchange ribbon cutting, you know, we had a large portion of that working with a couple of our partners and, then, putting Meridian First, which is something that we will be talking to you more about here in the next few weeks. I'm not going to spend any time talking about the Meridian Interchange Task Force. The Mayor already did that. But we are ramping this up. The bill has been introduced for those who aren't aware. It's was introduced in the senate state affairs committee. We anticipate it moving forward here with a hearing before too long. We don't have a date set. But things are looking good on that and we will keep you posted. The Meridian Way -- this is something, again, that the Mayor's touched upon, but just want to point out we had an intern from Boise State who came into our office and really was helpful in this. Vincent Koontz. He is no longer with us. He was there for about four months. But he really kind of helped shepherd the city towards the Meridian Way. Now, this may not be the end product that he thought that we would come to, but this is where we ended up. I think he really helped us get to this point generally. And so I just wanted to publicly thank him for his efforts in helping us get to that point in time. What I would say is that as you start walking around the different departments you should start seeing the Meridian Way up on walls, if you haven't already seen it, with these comments. So, when customers come into City Hall and they see this, they should know what type of service to expect through this process. So, more to come on that in the future, but good. So, really to office repositioning. What we really did is we just kind of looked at Meridian City Council February 14, 2012 Page 24 of 55 what people were doing in the office and, then, looked at what they could do with -- what they like to do and what they could do better and we just -- we did some basic tweaking, nothing major. But I just wanted to -- we wanted responsibilities more closely to the individuals through this process. You know, Peggy Gardner, she's really our customer care service expert. So, we have taken some things that maybe Luke would get off of Facebook and instead of him going through the process, we are giving it to Peggy to let her handle it and just so we can align those, instead of having four or five different people working on things in a central -- centralized one person. Shelly is really good at internal customer service through the city departments and whatnot. So, working to keep her focused on those things, event organization, and execution, just to make sure the nuts and bolts are going. Where on the other hand Luke is going to make sure that they get promoted actively through the various ways that we are communicating with the community. So, that's kind of -- it was pretty simple, but we just took some time and want to make sure the people were spending time doing the things that they could do well and I think that we have got some things laid out. The Mayor talked about the work groups that she has put in. And I justly really want to highlight from this group for us is communications. Obviously, jobs will be important to Brenda and the city. That will maybe fall more into some of the recommendations that come and you will hear more about that in August. The communications group, obviously, any recommendations they have could have an impact on our office. That's being led by Chief Lavey. and some others. So„ we are looking forward to . those recommendations to see what might we be able to do or improvements we make or changes in direction they think the city should take a look at. So, we are excited for that. Moving forward, the Mayor already kind of already touched on about this, but this had been one of the areas that our office is going to be focused on leading up to the split corridor phase two. Obviously, if someone calls with a question we want to know the answer to that question. We want to let the public know about what to do. We want to help the businesses succeed through this process. So, while Brenda maybe doing certain things, the rest of our office will do as well. In fact, Shelly found something online about what they are calling cash mobs. This is a -- it's like a flash mob, except for it encourages people to go to an area and spend their money. Rountree: There might be one or two that don't, but -- Bird: I was going to say, I don't. Simison: She just found that information. We kind of put that on the -- on the side to say, yeah, maybe this is something that we can help do to orchestrate getting people to certain parts. So, we are going -- we are going to stay involved in this process as much as we can to help. Meridian's Promise. This is one of those things that we have been looking at. It's -- Meridian's Promise kind of has their functions down. They know what they want to do. They have their volunteers. They have their members. They have their events. So, one of the things we are going to be looking at doing is displaying Meridian's Promise from the city and creating -- and helping them create a 501(c)(3), you know, then, they have got their legs underneath them, they have their funding sources, you know, we will still be an integral part of their success in helping, but, you Meridian City Council February 14, 2012 Page 25 of 55 know, helping them set up their own organization. So, that's something that we are going to be looking at doing. I understand it can take awhile and that promise will -- it will be ready for fiscal year '13 to remove them. But, hopefully, they will wait until fiscal year '14. Another group that we have kind of revamped a little bit or in the process of doing that and that's the Faith Ambassador's Council. Just currently working out a stronger focus on community interaction with the faith engagement and it's going to be less program driven, event driven, fewer meetings, more focused on meeting with the right people to have the appropriate discussions. You always have those -- you have people that -- they are committed to this organization, so we find ways to put them, you know, to use in other ways, rather than just having a monthly meeting where we bring in someone to talk to them. So, that's something that Luke has been working on that will, then, continue to have a strong engagement with our faith community just in a different way. Homeowner association outreach. This is going to be kind of the last thing. A couple years ago we kind of put together this HOA database. Of course, they turn over frequently with people and we have got to be reaching out and doing -- getting updates. So, now it's really kind of -- we have done some mailings and those things, now we are trying to take it to the next level in getting regular contacts with the folks, picking up the phone, calling them weekly, having their -- interaction with them, find out when their board meetings are in terms of when they have their officer turnover or when they have their annual meeting, so that we can calendar that ourselves to know the appropriate time to reach out to them. You know, a week after this meeting occurred if they -7 so we , know if they have new members or a week before the meeting to see if they want us to go. Kind of on both sides of the equation. So, we are just taking information that we have had and putting more focus into that. So, that's a brief update, hopefully, on what we are looking at doing and I would now turn it over to Jaycee for information on the clerk's office, unless you have any questions now you would like to ask. Holman: I'd like to start off by saying that my perception of five minutes is much more brief than his. This is just -- I know that you all know what it is that we do on an annual basis or daily, all of our responsibilities. So, this is my opportunity to just kind of remind you of all the different things that we handle and to recognize my staff and each -- the part that each of them play. Who is responsible for what -- what duties. So, we do licensing and permitting, which runs the gamut. Mainly that is Nancy Radford in the back. She handles the majority of this and we had a major transition this year in moving to Accella and making it more of an automated process instead of just scanning in documents and e -mailing. It's a nice software. It has definitely sped up the process and I think has made us much more efficient. City Hall information center. That is us. We answer every phone call question you could possibly think of. So, I think Sherry can tell everybody how to get rid of gophers. So, Sherry mainly handles all the phone calls. It goes as well to Nancy and everybody else next. But, boy, Sherry sure -- she does a really fantastic job of being -- just getting great customer service, following through to the end, getting someone's question -- questions answered with things that really don't honestly have a lot to do with City Hall, but people just come to us for information and know that we will track it down and at least get them the right phone number and get them some resolution, so -- Sherry also handles room reservations for City Hall. Doesn't sound like it would be a lot, but, boy, it sure is. Those rooms are booked out Meridian City Council February 14, 2012 Page 26 of 55 constantly and between taking payments and figuring out who gets -- who doesn't have to pay for a room, who does, what we will rent rooms for, what we won't rent rooms for, Sherry really handles a lot of that. Checking out keys, making sure people understand how to lock down the building, making sure we get the keys back and she does it with an awful lot of patience and a great attitude. Public records requests are handled by Jacy Jones. That is a lot. Unaware of how many flow through the city on an annual basis, we hit almost 300 last year. We were two shy. Considered sending fake public records requests just so Jacy could hit her 300, but we didn't. So, she does a wonderful job in tandem with our legal department and the other departments within the city. I think you can rest assured that we are doing our part and our due diligence of providing the records to our public that they have a right to see and also making sure to protect the records that -- that necessarily can't be released for one reason or -- you know, protecting people's privacy and stuff like that. Our legal Department does a great job of going through and making sure that we are doing the right thing and abiding by the public records law. Noticing for meetings and publishing agendas, that's handled by several people in the office. Jacy Jones does the bulk of City Council meetings, putting those agendas together, all the supporting documents. When we have a really long Consent Agenda of 25 or 30 items, that is an entire day's work for her after a meeting. You guys approve it a two second motion, but it's a whole day of work for her tracking all those documents and making sure that everything has signatures, everybody gets the copies they .,need and that we are retaining the records permanently and can retrieve them in the future. So, Machelle Hill handles our Planning and Zoning from beginning to end. She does the noticing. She gets packets ready. She automated the process last year as far as -- instead of paper packets and mailing things out and faxing them, we now have more of an e-mail, an automated system that they can go -- different agencies can go to our website and review documents and records retention, that's all of us. So, everything that passes through the office we are retaining and maintaining and not just retaining, but being able to manage and produce the record on demand, so -- 2011 projects. Worked with the Legal Department and many other departments in the city to do the records retention phase one, which I won't go through, this was just before Council recently. Boy, that is so much more of a project than I ever thought it would be. So, anyhow, we will be heading towards phase two here in the near future. We had the city seal redesign, which you all approved a few months back. Elections. 2011 elections. It was our first election cycle with consolidated elections, which made our duties and responsibilities quite a bit less, but we did our best to assist the city and Ada county elections with providing as much information as they -- we could help out with and provide to the public to get people out there to vote. I won't go through the numbers. There is permits and licensing. Just it's a lot and we are busy and we are happy to be busy and have the work, so -- moving forward. Records retention phase two. So, that is finishing up Public Works and all that that encompasses, which is going to be huge. The Police Department, the Clerk's Office, and Finance. So, hopefully, we will be coming back in, I don't know, six months or so, and passing the entire policy as everything is rewritten. Permitting and licensing, we will just continue to go along and stay as busy as it has been. Annual records and e-mail purge. This was part of the records retention policy deciding how to get rid of e-mails, when we get rid of e-mails, how long do we retain them. This is going to be an Meridian City Council February 14, 2012 Page 27 of 55 education process since we have never gotten rid of any, so myself and Emily in the Legal Department are working together to educate our employees, make sure they understand time frames, when e-mails will be deleted, what e-mails will be deleted and this will happen throughout this entire year and we won't be deleting any e-mails until January of next year. So, just purging old ones and keeping the ones that we need to keep for the permanent records. The Accella citizen access implementation, citizen access portion of Accella allows our customers and people who want permits and licenses to go online, do it from home and start their application process, pay online, all of that. I spoke with Rob Sysnowski today in IT and asked him where we are at on this. He said they sent Accella a list of about 12 questions that they needed answered and able to get Planning moving forward, because they are going to start with Planning and allowing the Planning Department -- or I guess the Community Development Department to do online citizen access applications. They have had about nine questions answered. They got about three more to go. Hopefully, we will wrap those up by the end of the month and, then, we will move forward with the Clerk's Office whenever we are ready. So, that's good, positive, and that's, basically, what we are up to. So, is there any questions? Rountree: Madam Mayor? Jaycee, you mentioned the amount of effort for rooms and the use of the rooms. When we crafted those processes and procedures we, essentially, had just moved into the City Hall. We have got a few years under our belt. I think it's probably time to take a look at those and see if we want to modify those, because I think some of them were fairly stringent and might not need to be. Might add that to your list of things to do next year to help provide some time for doing something a little more constructive and trying to figure out what we intended to do. Holman: Madam Mayor, Members of the Council, Councilman Rountree, I agree wholeheartedly and even have already been heading down that path of thinking of bringing that back. I think specifically when we brought it forward we had a list of certain organizations that did not have to pay to reserve the rooms. It would be nice to revisit that and I can see maybe loosening it up just a little bit more, so there is a little bit possibly less staff time involved and just more customer service to our citizens in what they can use those rooms for. So, I think it's been good. We haven't had any major -- Rountree: Very good. Holman: -- problems. I think people have been very respectful of our space and treated it well and those rooms look just about a new as the day we moved in, so -- Hoaglun: It sounds like a future meeting topic. Any other questions for Jaycee? All right. Thank you. Holman: Thank you. Hoaglun: Appreciate it. That conclude's the Mayor's office report, unless we have any other comments, questions? Turn this back over to the Mayor. Meridian City Council February 14, 2012 Page 28 of 55 Rountree: Mr. President, good report and some interesting topics that they are willing to undertake and some major accomplishments that have been made. Kudos to the Mayor's office and the staff for a great year and looking forward to four more great years ahead of us. Hoaglun: Thank you. I will turn this back over to you, Madam Mayor. De Weerd: Thank you. And I will note that, Jacy Jones, I did not even recognize you. Oh, my gosh, you added bangs or something and it was like who is that sitting next to Nancy. Bird: I thought we had a new employee. De Weerd: I thought so, too. I wouldn't ask Jaycee if I missed someone back there. I knew I would be given a hard time if I didn't mention it myself. Rountree: I thought it was Katie Perry back there. De Weerd: Wow. Her hair is not blue. Rountree: Well, it's the bangs and — D. Clerk's Office, Code Enforcement, and Legal Department: Temporary Use Permit Code Updates — Proposed Time Limit Extension for Temporary Sales Units, Garage Sale Frequency Clarification, and Temporary Construction Site Standards De Weerd: Oh. Okay. Okay. Item 7-D, under our Clerk's Office, Code Enforcement, and Legal Department. So, who is taking this? Holman: Madam Mayor, Members of the Council, Mrs. Kane in the Legal Department was so nice to put together a memo for me, which I'm fairly going to close to read verbatim. Basically this is an update to -- a draft update that we are wanting for a temporary use code, which has three components. It proposes an extension of the time limit for temporary sales units. It changes the way code enforcement monitors garage sale frequency and it adds standards for temporary construction sites to address complaints regarding street blockage and litter. I will just hit them one at a time and maybe open each one of them up for discussion or would you prefer that I just go through all of them and, then, discuss all areas of it? De Weerd: Jaycee, I think if you just go through all of them. If there is a question we well take them at that time. Holman: Okay. And we also have Lieutenant Overton and Bill Nary here that can answer other questions, too, so -- Meridian City Council February 14, 2012 Page 29 of 55 De Weerd: Okay. Holman: The current temporary use code limits temporary sales units to 60 days of operation. My office frequently receives complaints from vendors that this period is too short. Often this complaint comes from snow cone vendors. They feel that the limit hinders their profits and leaves them unable to withstand the risk of a week or two of colder rainy weather, because they cannot be open all summer. This draft ordinance would respond to these and similar complaints by extending the time limit for temporary sales units to 60 days -- or, I'm sorry, to 90 days of operation. Code enforcement officers have faced difficulty in tracking how many garage sales have been held at any one property within the previous 365 days. Because as the code currently reads day one of that calculation is a moving target and they need to determine or note what day one occurs -- or when day one occurred is not always apparent until after a violation has occurred. This update would make day one January 1 of every year, placing side boards on the enforcement period and facilitating enforcement. Third item. Code enforcement has received increasing complaints about messy construction sites where garbage is allowed to blow onto neighboring properties. Though construction sites are generally required to order a franchisee's dumpster, the code does not actually contain a provision that allows code enforcement to cite for failures to keep the site's garbage in the dumpster. The littering codes focuses on the active littering and the solid waste codes provisions focused on which container is appropriate for the use. But there is a gap in the code in that keeping a clean construction site is not required by city code. This proposed update would repair that gap. And, lastly, code enforcement has also received complaints regarding construction crews storing their material across sidewalks or in some cases blocking or impeding the roadway. Neighbors have complained that it creates unsafe and inconvenient conditions for pedestrians and drivers. ACHD could, in theory, permit or prohibit the use of right of the way for this purpose, but, typically, they are not notified until it is a complaint, at which point they do not have an enforcement arm and they look to city's code enforcement to address the problem. This update would prohibit this activity without ACHD's permission and the safety measures that would be required as part of that permission. And what we also provided was a draft ordinance of these updates. So, with that I would stand for any questions. De Weerd: Thank you. Council, any questions? Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: I just want to -- I think I know the answer to this, but I just want to make sure and check with legal on this. On that section where we talk about it's unlawful for any person to store construction materials or equipment in or upon a public right of way, in my mind that makes it -- if I think of sprinkler blowouts when they use a big generator and whatnot and they come in and they park on the street and, then, they go about their Meridian City Council February 14, 2012 Page 30 of 55 business and in my mind they are not storing any equipment. I mean they are there to perform the job and, then, they move on and there shouldn't be any problem with them continuing to do that, is there, Mr. Nary? Nary: Madam Mayor, Members of Council, Council Member Hoaglun, I think you're right, I think the difference would be that it's in constant use and we can certainly make sure that -- like with our other ordinance in regards to trailers on the -- parked on the street, that we have a prohibition on how long they can park there, whether they are hooked to a vehicle or not hooked to a vehicle or they are in use or not in use and I think, really, the key component here is that there has to be safety measures taken. So, you know, again, the biggest concern is either these are in the roadway in the day or when they are left in the roadway at night and so, then, there is no -- there is nothing around them to show people there is a danger there. So, that's, really, I think the focus of what we are looking at. So, I don't think that would prohibit the activity you're talking about. Hoaglun: All right. Thank you. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: On that particular topic, with respect to enforcement, for a minute I wasn't sure what the language was, but does that include that we would have an agreement or a joint powers agreement with ACRD, since, in fact, it is their responsibility to make sure that streets are not blocked or permitted and things are permitted in such a way that they block streets and access, to allow us to establish an ordinance that, then, would provide the enforcement folks the ability to do it on properties that are not necessarily the City of Meridian, as much as we can issue a ticket on ACHD roadway or state roadway. Nary: Madam Mayor, Members of the Council, Council Member Rountree, we still have the authority under the state code to issue citations in the right of way for both traffic -- just like we do for trailers and other things that are parked in the right of way illegally. So, we don't need a -- we don't need a -- we don't need a joint powers agreement with ACHD to enforce that. All we are requiring is that they either have permission, just like we would on a trespass issue or something else. We have proof of permission and, then, take whatever appropriate safety is necessary. Rountree: So, that would require some kind of a relationship to be established with ACHD? Nary: No. Rountree: Or just -- well, it seems to me in order to enforce it you would have to be able to either see a permit stuck on a trailer or a pile of joists across a sidewalk or whatever Meridian City Council February 14, 2012 Page 31 of 55 for our enforcement people to know they either or do or do not have a permit, as opposed to calling up someone at ACHD who has that authority and can query whatever the database is and say, yes, at that address we have given them a temporary permit because of the unusual construction materials they have to implement for this construction job, to allow them to store their trusses for a period of three days across the sidewalk and blocking access to this driveway. I mean to me we are creating a solution to a problem, but I don't know that we have thought the problem all the way through to have the enforcement people to be able to enforce this stuff. I mean it's the same thing with the garage sales. We have all the specificity in the ordinance and the more specific you get the harder it is to enforce and do we just let citizens' complaints drive the enforcement of an issue and fall back on whatever vague ordinance we have to try to get compliance. To me we are just going in circles on some of these things with ordinances and enforcement and confusion and clarification and more ordinance and specified ordinance, more enforcement requirements and I -- I know what we are trying to do, but I'm not sure how we are going to get there. I think the temporary use sales is the only thing we got clear direction on. We can extend the duration of the permit and establish a time window. Overton: Madam Mayor, Members of the Council, Councilman Rountree, in many cases one of the enforcement issues that stops us is the fact that we don't have a specific code or the code language that we can show the construction teams or.we can show the neighbors that would address that situation. In working with this legal, under the understanding that we already had that authority and that right of way, we hope to be able to limit, on a case-by-case basis, because, as you know, it's not something that we are just immediately going to take out and search for. I mean construction is not at the levels it was four years ago. But we just recently had one where they blocked off the access to an alleyway. Why? They didn't care. There was nothing in the code section that allowed us at that time to deal with that situation. Did we go out and plead that they move it? Yes. But that calls to the Mayor's office and calls to our office to get it done and we had no specific language to deal with it. This amendment to the code was actually in progress at the time that that latest one just happened. I don't think it's perfect, but I think it really does give us an additional tool to take to the streets to give to the code guys that in plain language that they understand -- the complainant will understand and I think we can make clear to those people that are violating it. I don't think it's the perfect code, but I think it's the best for the language we have got right now and I think it will work. Rountree: And what's the penalty? Is it an infraction? Is it a misdemeanor? Or is it simply a fine? Overton: No. If we don't get compliance, which is, of course, what code enforcement is always reaching for is compliance, they are all misdemeanors. Rountree: Okay. De Weerd: Anything more? Meridian City Council February 14, 2012 Page 32 of 55 Zaremba: Madam Mayor? I know I have read this before, but now it's confusing me for some reason. Section one, paragraph five, where we are talking about temporary sales units, reading the sentence: For temporary sales units that stay on the site for the duration -- for the full duration of the use -- then skipping -- whether such days are consecutive or not -- that confuses me. What is full duration of the use? If -- are we talking about days that it may be there when nobody is using it? And what I'm trying to get at is how is code enforcement going to count the 90 days if we change it or how to they count the 60 days now if we change it and I guess my question is what does full duration of use mean and does that conflict with consecutive or not. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Madam Mayor, Members of the Council, Council Member Zaremba, right now they tell us what 60 days are. That's the problem that they run into, is they have to pick those 60 days up front and, then, they don't know if it's going to rain or if it's going to be cold and that's one of their days they have designated they are going to have. So, that's how we determine the 60 days now. So, that we don't have to guess which is day one, they have to tell us that. So, that's what they are seeking is they just want a longer window of time in which to be able to sell their items and, again, the majority of these ones that come up are -- some are sales things, but -- and we looked at the possibility of would it make more sense to simply just designate the summer, you know, Memorial Day to Labor Day, but, again, not everybody that sells something is always a summer person. It may be someone that sells things at other times of the year. So, that doesn't work. So, the compromise was do we ask -- the compromise to ask Council do we extend the period from being 60 days to 90 days instead and that would satisfy the majority of the types of questions, but it certainly could raise others. Zaremba: I'm still not sure I understand what full duration of use is. Overton: Madam Mayor, Members of the Council, Councilman Zaremba, if it will make you feel any better, we are not having any enforcement issues on this. This is simply a request to extend the time. The code -- code officers know when they start and they knew when their city days end. The matter of change on this one is simply because the vendors themselves are requesting that we move this to 90 days and we think it's a fair request. So, we are not having any enforcement issues on the 60. In fact, we are doing a very good job on the 60, which is why they are requesting 90. Zaremba: Okay. I just want to make sure there doesn't come some argument up later that -- that makes it difficult. But if it's working now, that's fine. I will make a comment on that, if I may, and this is just philosophy. We had quite a bit of discussion about this section when we were discussing the committee that was put together to create the new Uniform Development Code and we actually started out that a temporary use was good for a weekend and, then, somebody said, well, we ought to make it good for 30 days Meridian City Council February 14, 2012 Page 33 of 55 and, then, somebody said, well, okay, those 30 days may not be consecutive. Then it got stretched to 60 and now we are stretching it to 90 and part of the discussion was and many of these temporary uses look very temporary and they are not real attractive. They take business away from our brick and mortar businesses who are here doing business every day and trying to provide many of the same service that these temporary ones do and it just resurrects what some of the discussion was at the time from the people that were giving input. The fixed place businesses are not real happy about any of these. Ever. And I guess I would have to say I understand why the temporary use people are asking for more days. That doesn't really work in favor of our fixed place businesses and I guess I really don't know which side I come down on that, but I just wanted to add that's been part of the discussion. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Madam Mayor, Members of the Council, it took me a moment. I apologize, Council Member Zaremba. Your other question, just to -- you don't leave with that in your mind. That -- the term -- or the language of temporary sales unit that stay on the site for the full duration of the use is talking about the selling of the item and it's to distinguish between, the mobile sales. So, it's to distinguish in our code -- these are people -- these are sales units that don't move versus the sales units that move. So, that's what it's for. But as Lieutenant Overton stated, that hasn't been a problem in the definitional enforcement, it's really on the time period. But I just wanted to answer your question, because it took me a moment to understand what the difference was and that's what it is. Zaremba: Thank you. That helps. Hoaglun: Madam Mayor, just a comment on something. You know, Councilman Zaremba brings up a good point about competition brick and mortar and whatnot. But a lot of times I have noticed that where these places locate is done where there are lease agreements in place so they cannot compete with those that are in that particular parking lot or that development. Now, may compete against the person down the street and across the street, but within that development there are protections in place that the landlord and the lessee negotiate and different things like that and for us to get into and say, okay, now we have to protect the guy down the street, I hesitate for us to get into that and decide who should be and who shouldn't be in business. So, I understand your concern on that and as long as there is not fights breaking out within that parking lot, I guess the business down the street, they just have to sharpen their pencils a bit, I guess, so -- but it is a tough issue. Rountree: Madam Mayor, I guess the question is do we want to see these move forward for hearing and action on the part of the Council. This seems like a question that Councilman Zaremba brought up as one that would be one well debated in the Meridian City Council February 14, 2012 Page 34 of 55 public hearing, so I would move that we go ahead and move these proposed changes forward and see the ordinance amendments in the near future, so we can act on them and the public can have an opportunity to comment on them. De Weerd: Okay. Do I have a second? Hoaglun: Second. De Weerd: Okay. I have a motion and a second to move these forward. And, Mr. Nary, what is the time frame? Nary: Madam Mayor, Members of the Council, I think -- I think they are ready to bring -- to be brought forward, so we can certainly maybe space them out over a couple of weeks, so we don't just have one -- I mean they are all separate items, obviously, but I mean -- so, we can space them out over the next couple of weeks and bring them on for a public opportunity for a hearing. De Weerd: And certainly as you look at how best to schedule and set those apart, look at the potential stakeholders of these that might be impacted that you want to give special notice to, get with our office in getting it out to the media and social media, so people know it's coming up. Okay. I have a motion and a second. All.those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. E. Finance Department: Budget Amendment for Project Management Software for the Not -to -Exceed Amount of 40,383.00 De Weerd: Okay. Item 7-E, Finance Department. Keith. Watts: Madam Mayor, Members of the Council, the budget amendment before you is for the project management software that was inadvertently left off the carry forward from last year. This was going to be used for the E builder project that we are working on now. De Weerd: Okay. Any questions from Council? Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: I don't have a question, but I'm ready to make a motion. I move approval of the budget amendment for project management software for the not to exceed amount of 40,383 dollars. Rountree: Second. Meridian City Council February 14, 2012 Page 35 of 55 De Weerd: I have a motion and a second to approve the budget amendment on Item 7-E. If there is no discussion, Madam Clerk. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. MOTION CARRIED: ALL AYES. F. Planning Department: Discussion on Annexation Requirements/Concept Plans De Weerd: Item 7-F is under our Planning Department. I will turn this over to Pete for discussion on annexation requirements and concept plan. Friedman: Thank you, Madam Mayor, Members of the Council. If you will recall back in December when Council was in the middle of deliberations on the Ten Mile annexation, at that time there was not a concept plan with that and so there was some real discussion on whether or not one should be required and what our current requirements are and we need to look at our -- either our code or our.procedures in doing that and.so Council just put it on today's workshop for that discussion. By way of background, our code currently does not require a concept plan. However, our annexation and rezone checklists do. So, it's not based in code, but the code actually has some language in there that the application forms will be of a form and a content that are established by the city. So, we do have requirements on our checklist right now that a concept plan is required or in the case of a project where it's not -- specifically where it's not a plat or it's not a land development, because if it's an annexation most of the time it's going to be a plat accompany and that would give the Planning Commission, as well as the Council, a good visualization of that. We, as a matter of routine, counsel all our applicants for both rezones and annexations to provide Council with a concept plan and justifiably so sometimes they say, gee, we really don't know who our end user is going to be, what this is going to look at. This could change. And we say, you know, that's really okay, because there is a fairly short modification process that allows Council to review those and allows staff to do an evaluation of it, but, generally, it's going to be a harder road for you to hoe if you don't have a concept plan. The Ten Mile one was a little bit of a change, because what happened when we had our initial discussion with the representatives of those property owners, our goal was to get that collector system pinned down in terms of the alignment and we said, you know, as long as you come in with that and you reflect the plan, then, you know, we can write the development agreement that -- before any development occurs that you submit a detailed concept plan. Well, consequently, what happened was at least one of the property owners decided that they were going to seek a zoning designation that was not consistent with the plan and things sort of transpired as they did there. So, again, I leave it to you, your comfort level, what you would like to do, whether you would like to just keep it at the administrative level right now or would you prefer that we actually insert some code Meridian City Council February 14, 2012 Page 36 of 55 language into the annexation section of the UDC that says a concept plan will be required. My thought is -- I have got some language we could put in there. We might have an escape clause, if you will, that would say unless otherwise waived by Council, but at that point an applicant will have had to go through the P&Z to get to you and their initial request would have to seek a waiver on a concept plan. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Guessing that I'm the one that keeps pushing this, I will weigh in with a comment, and, as I said before, my history is that when I was on the Planning and Zoning Commission my recollection is we did no annexation without a plat and near the end of that time we accepted a few concept plans instead of a plat and the argument was exactly as Pete says, that the developer is saying I don't know exactly who is going to want the space developed. But I know my feeling at the time and I felt the Planning and Zoning Commission at the time felt that they needed to provide us with something that we could hang our hat on and we got stung a couple of times by people who promised us something, then, sold the property to somebody else who hadn't made that promise and we ended up with some things coming through that had an entitlement that weren't at all what we intended and we got stung by them and felt like our hands were tied and my feeling is I -- I would like to see something added to the ordinance -- probably pretty much as you have described it -- that gives a little bit more teeth to it, gives Planning and Zoning the ability to say, well, you must provide the plan and, yes, they are easy to modify, but you must provide something and gives you the teeth and, yes, maybe if we do need to say, you know, City Council can approve an exception to this, I would rather have it be in that order, as opposed to what we generally don't require it, but we would like you to have one and I don't know if I'm the only one that feels that way, but I just feel for our protection in future years as properties get sold, we need to have either a plat or a concept plan that we can look at and say, well, okay, we don't mind if this is modified a little bit, but the concept plan shows office buildings and you're proposing an airport, that's going to be an uphill battle and we need to put some teeth into making that an uphill battle. So, that's my personal opinion. De Weerd: Okay. Thank you. Mr. Rountree? Rountree: Madam Mayor. I don't disagree with what David said. I think we -- we ought not to leave the checklist at the discretion of the director or staff. I mean to me that's -- that's a burden that you don't necessarily need to carry around. I think we ought to -- if we are going to -- if it's of use to us, it ought to be in the ordinance. I don't know how you're going to characterize it in an ordinance. By definition. By example. By whatever means. The idea that it can simply be modified, fine. But that's where I start having issues is how many times, at what cost, who bears the cost, those kinds of things. We have some -- had some damage in the past and we have gotten one that's probably going to be a dandy for us for many years to come that we are going to have to figure out how to deal with, but I think if at least it's in the ordinance and we can get some -- Meridian City Council February 14, 2012 Page 37 of 55 get our arms around some of these things that will fall out of the requirement for a concept plan, like modification and extent of modification and how many times can you modify it in a five year period or whatever. I don't -- I can see that that really opens the door to a lot of extra work as well. But I like the idea of the concept plan being in the ordinance, with a degree of specificity of what it consists of, how binding it is, what processes would be in place to modify, and try to keep the costs at a nominal level, I guess. De Weerd: Mr. Hoaglun. Hoaglun: Well, thank you, Madam Mayor. And this is the dilemma that, you know, I, too, agree, I think I'd like to see the concept plans, but I have been thinking about, well, how do we build in flexibility, because we know, because of the time frame, change of ownership, those types of things that may occur, changes will happen. But as Councilman Rountree points out, you know, how do you do that, how far do you go? I mean what -- what, then, becomes a standard when there is no standard, if you allow too much flexibility and if there is a way to -- to put in some parameters I would say as long as it's within this and I don't know what those are. That's -- that's the thing. And maybe you do, Pete. I hope you have an answer to that. De Weerd: Well -- and certainly in the Ten Mile area with the area specific plan, I think some of those protections are already built in and it's not just protections against a particular project, it's protections against -- for the adjoining properties or the property across the street. You know, I did have one developer say I will do a high end development, but who is to say you don't have a low end user across the street from me and that diminishes that investment. So, there is a balance and I don't know what that is. I kind of gained through Planning and Zoning Commission, similar to Councilman Zaremba and where we -- we were operating under the direction from City Council, is we don't want to see any annexation without the plat and it's not just the city, it's the citizens that come and testify during those public hearings in knowing what to expect is going to be built in their backyard or across the street or down the street and what that impact is going to have on them and how that changes and that came across a little bit in the design guidelines and the discussion we had last week in terms of when it came through public hearing, you're right, it was a different economy, it was a different environment, and the styles do change. But where is that fine line. We don't want to add bureaucracy to the process, but we do need to give you tools to -- to better understand what is that tipping point that -- and it's a fine balance. We don't want to leave the city exposed as well, because there is an allowed use and an unintended consequence saying that doesn't belong there, but it's allowed in the use as defined, but they didn't have a plat even anticipate that might be a potential end user. So, it is a balance, you know, and certainly maybe our new community development director can help weigh in on some of these complexities and using his experience with it as well. But it is -- and I'm glad it's on the agenda. It's something we need to get our arms around. We gave -- we kind of went to the concept plans thinking we were giving more flexibility to the -- the broker in particular in the commercial realm, so that -- but as we started looking at it, even in the Ten Mile area, if you're not changing the spine -- the Meridian City Council February 14, 2012 Page 38 of 55 transportation infrastructure and -- that there is still a lot of flexibility with those plats, so I just look forward to the -- the future discussions on this and maybe some of the different things that Council can consider in trying to find a comfort that is a win for the city and also a win for the property owner and developer. Friedman: Thank you, Madam Mayor, Members of the Council. And I think just for clarification I appreciate those comments. What we are really looking at is -- if I'm hearing you correctly -- is codifying what we currently apply administratively and we can build some of those sort of book ends on it in terms of things we would like see, either in a concept plan or a plat. We won't, in my mind, be really changing any process next, because, of course, we will be tying those concept plans to a development agreement typically or worst case we might be tying it to a Conditional Use Permit. So, anytime that there is an approved concept plan that is part of a DA -- and that's what I was speaking to -- and there is a change of ownership, there is change in circumstances, there is a change in the economy, there some change, it always does come back to Council as development agreement modification. Based on what the Mayor just said, I thought I could -- we do have a slate of UDC amendments that I'm anticipating getting to in March. However, picking up on the Mayor's direction, I think what I may do is not include this in those, so I do have the benefit of our new director's wisdom to look at those and follow up after that round with another set. But I think if -- I get the message pretty clearly and we will take it from there. De Weerd: Mr. Zaremba. Zaremba: Thank you, Madam Mayor. I would just comment -- I'm not necessarily trying to solve this today or yesterday. Many of our things are long range kind of things. But March, April, May, you know, take the benefit of our new director's knowledge and certainly our work together with you guys as the liaison to your department as well. But I just kind of do want to see it move that direction and what we eventually come up with would be probably a change to the UDC and -- but, like I say, I'm not looking for it tomorrow. Thanks. De Weerd: But certainly as we see the economy starting to improve there we don't want it to go on too long. Friedman: Yeah. Madam Mayor, Members of the Council, believe me, it won't go on too long and, secondly, we will still remain not only vigilant, but consistent on requiring concept plans. G. Planning Department: Meridian Road, Ustick to Chinden - Discussion on 3 Lanes Versus 5 Lanes De Weerd: Thank you. Okay. Anything further on that item? Okay. Next item is also the Planning Department. I will turn this over to Caleb. Meridian City Council February 14, 2012 Page 39 of 55 Hood: Thank you, Madam Mayor, Members of the Council. Speaking of things you don't want to go on too long, that would be my presentation. Happy Valentine's Day to you all. With your permission, Madam Mayor, I would request just one quick update announcement request before I jump into the thing that's on the agenda, if that's okay. It will just be 30 seconds tops. De Weerd: Okay. Go. Hood: ACHD has set up on their website an area where you can subscribe to a project update. That's typical for all their projects. I would encourage you to subscribe to the split corridor project, because you will get at least monthly updates and as the project moves into construction get weekly updates. I plan on giving you updates, but that one will be, essentially, in realtime. So, if you want to sign yourself up, that's great. If you want me to sign you up I can do that, too. But I wanted to at least let you know if you go to ACHD, if you go to their projects page on the split corridor, it's right there on that page there and you can just type in your e-mail address. De Weerd: I would just sign them all up. Hood: And I can sign everybody up. I just didn't want to do that without getting your consent. So, however you would like me to do that. , Rountree: Fine with me. Hood: Okay. Zaremba: If you're going to do all of us, include me, too. Hoaglun: Yes. Hood: And I will include Councilman Bird, unless you don't think that's appropriate. Hoaglun: We would vote for him to be in. Hood: Okay. All right. Thank you, Madam Mayor. And, then, onto the business at hand. I do want to start off this presentation by apologizing for having an incorrect date on the top of my memo. I did cheat and use the memo from a similar discussion we had just a couple months ago on Victory when we discussed that being potentially five lanes and it's only planned for three lanes at ACHD. So, again, I apologize for that and there is some extra pages and exhibits on the memo that were also carried over. I'm apologizing for not proofreading my work a little bit more closely. But the text that you have in front of you is accurate and I am here to discuss with you the potential to look at Meridian Road north of Ustick becoming five lanes. Right now the capital improvement plan at ACHD's master street map at ACHD, which we also have adopted and referenced in our comp plan, as well as the North Meridian Transportation Plan, all show Meridian Road as ever being ultimately three lanes wide. We had, again, that Meridian City Council February 14, 2012 Page 40 of 55 discussion on Victory. There was some general discussion about all arterials being five lane as a general rule. And, in fact, that was the rule back before we started doing specific studies, like the north Meridian study that happened in the early 2000s. That plan only called for Meridian to be three, so ACHD adopted it, and, then, you have the policy that's in place. So, some of the justification why we are here today, just with Meridian Road being a direct tie into the interstate, our downtown, we are seeing some development in there on Meridian Road that we just -- I wanted to explore through the option of exploring Meridian Road being a five lane roadway with ACHD and what that would mean would be amending those documents that I -- that I previously mentioned. So, I don't have any reference necessarily one way or the other, but based on some of our discussion from last time and I think save McMillan, which has some real encumbrances with the canal and the large power poles, I just wanted to put this out in front of you to make you aware that it is only currently three lanes wide and see if you would like me to explore five lanes with ACHD. So, that's all I have. I haven't really done dug into it too much at this point. I wanted to get your okay or, no, we are fine with three, before I went any further. I did speak with Justin Lucas from ACHD just for a minute before the meeting. He's here and he may have a couple of things to add. But before he comes up I will stand for any questions or comments you have at this time. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: My short answer would be, yes, as you can probably guess. One of the things -- and during the time that I was on ACHD's CICAC committee we did have the discussion that all arterials should be five lane and preserved for five lane and I keep being surprised by these little ones that aren't on the record as five lane. I guess I should have looked at each segment myself. But I assumed they were all five. One of the things I have learned later is in much of their traffic modeling -- and whether it's done by COMPASS or done by ACHD, which also has their own traffic model, they had programs that say, okay, where does traffic go if it's too busy on street, where does it go if it's too busy on that street. What I don't believe they included is where does traffic go if for some reason an arterial is closed and -- and even if the modeling wouldn't justify that Meridian or a section of McMillan or some of the other streets for normal daily traffic -- it may not justify that it needs to be five lanes, but when something happens on another arterial and that becomes the escape route, I know there is a big deal about, okay, what are the alternatives if 1-84 is closed or if Chinden is closed, the east -west ones seem to get some attention to that. But if something happened on Linder or Locust Grove, Meridian would be where we people would go and -- and even if it isn't an everyday need for five lane, I feel there is enough justification to preserve it to five lanes, but I would say please go forth with that. De Weerd: Caleb, I guess my thought is it would -- weren't some consideration at least looking at the modeling, at the traffic numbers, our land use, there has been a lot of approvals along that corridor and if those approvals would warrant that, but it doesn't -- Meridian City Council February 14, 2012 Page 41 of 55 it doesn't have a connection over the river, so I think that's probably why there was some narrowing of that north area. So, I -- without more information it's hard to say. But certainly it's worth that consideration. I would also say how does it correlate with our VRT and future transit type of plans. If there aren't any, I -- I would hate to add additional expense in a corridor that may not warrant anything more than three lanes, because when you get into five lanes it's -- you have, then, other unique things that are associated with that, too, with dividing what an arterial does. But those are just my thoughts. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: I was trying to remember, Caleb, from Ustick going south to Meridian Road or from -- sorry -- Ustick on Meridian Road to Cherry Lane, what were the plans for that? Was that just going to be three or is that going to be five for sure? Hood: It's five. So, north of Ustick is where it goes down to three. Hoaglun: Okay. Because I want to -- definitely want to make sure we don't go from five down to three and, then, hit the new Meridian Road, section headed -- that will be undertaken next year or later this year. So, with that being five, looking out to Chinden, then, does -- and it's fairly well developed. There is still a few areas, but it's fairly well developed. Will that -- and I think the Mayor was right on. Will that warrant going to five for those particular areas and -- because it -- the fund does get bigger going to -- to the freeway from those points forward. So, I would be interested in seeing that. I always want to error on the side of caution in making sure we preserve rights of way and not lose it, because it's -- once you do that it's way harder and much more expensive to get them back for five lanes, but if it really looks like we are not going to need that, then, let's not. But, again, I would prefer to error on the side of five if it looks like there is going to be some need for that. Rountree: Madam Mayor? De Weerd: Yes. Rountree: I have always been a proponent of five lanes on the arterials, particularly the section lines. We have, however, gone through the planning process with the North Meridian Transportation Study and it indicated three lanes. Now, apparently, we have information that travel demand model indicates it might need to be more than that. I don't know how in depth that's gone. Plans are certainly just that and subject to change, if, in fact, some change is required we need to do that. I will say that it's not a real high priority with me and point out, again, that this is the kind of thing that kind drives ACHD crazy and their planning requirements and their fiscal responsibilities and how they prioritize and spend money. So, I think we need to take this as a lesson and keep that in our perspective as we deal with ACRD, that, you know, if we are requesting Meridian City Council February 14, 2012 Page 42 of 55 or there is something that we plan and it said three and now we are looking at five, that might be the right thing to do, because change is always there in front of us. But let's not lose light of -- of that and the issues that these kinds of things do, in fact, create for ACHD and one of the root cause of doing such things as Blueprint For Good Growth and those sorts of things that have not necessarily panned out all that well. But I would say, yeah, it merits -- if it's the right thing to do we need to do it. But let's just keep that in the back of our minds when we start thinking about ACHD and what they are doing for us. I would say, though, it's not a priority. I think there is some other north side corridors in Ada county that need some improvement, but it's the east -west corridors that need the money spent on right now. So, until we get Chinden and McMillan and Ustick and all of those streets up to some capacity so we can get some load off of some of the interstate and some of the east -west, this will be a real low priority for me. Hood: And, Madam Mayor, Council Rountree, just to follow that, I -- this is something I want to put on the radar screen, not to, you know, take a whole bunch of my time or ACHD's time to look at, but just is it worth any time at all to start to explore this for probably the next CIP update, which is going to happen in four years. So, it's doing small modeling, does it make sense in bringing that back before you or is it just a nonstarter. So, that's sort of where we are at and to hit on a couple of the other comments real quick, it's -- I will look into it further is what I'm hearing, but it's not going to -- you know, our priorities aren't going to turn upside down. Rountree: Madam Mayor, question for Caleb and Planning staff. On the developments that we are seeing or have improved from Ustick north, have we required setbacks that would accommodate five lanes and I guess your question is should we continue to do that and my response is, yes, even though the ultimate build out may only be three lanes. Hood: And, Madam Mayor, Councilman Rountree, right now we are not preserving for five lanes or getting the 70-60 or whatever it is. Not the 96. So, right now -- and that's the question. It's not moving up construction, but should we preserve the right of way, even if it's doesn't get built for 50 more years or more, should we have at least a preservation of the right of way necessary, so we aren't going in and buying trees or homes or other things that may be encroaching in the set backs. So, really, this would be more of a preservation mode, not let's move it up on our priorities to get it constructed as soon as possible, so -- and just one more point that I think about all of you hit on -- De Weerd: And I'm sure they are sick of hearing our priorities, so adding another one that doesn't have as high a priority -- I can say every road in Meridian is a priority, but we need to select it accordingly. Zaremba: Well -- and, Madam Mayor, I would support the preservation priority, not necessarily the building and now I agree with that. Meridian City Council February 14, 2012 Page 43 of 55 De Weerd: Just to move this discussion along, let's move it along. Justin, do you want to say anything? Lucas: Thank you, Madam Mayor, Members of the Council. Justin Lucas, Ada County Highway District. I really don't have much. I appreciate your respect for the time it takes to do these types of analysis, because it does take time, and I think trying to put this question in the process -- in the existing process, like the development of our capital improvements plan or some other planning process that we had in place, rather than asking us for a specific analysis through -- you know, just for this project, would be the best way to go about it, because, honestly, if we do the analysis and look at, we certainly can change this, it's not something we cannot change, but -- and as has been stated, the width of a roadway has a great significance on the community. It really does. And I can -- part of my job at ACHD is to advocate for pedestrians and bicyclists and so every time I get the chance I try to do that and a three lane road versus a five lane road and what that does to a neighborhood, it's a big difference, and sometimes you can make a decision to constrain a roadway just because you want it to be three lanes, you don't want it to be five lanes and that does push the traffic elsewhere, you're absolutely right, and those -- those cars have to go somewhere. But sometimes you have to make those decisions. So, maybe a pathway crossing, there may be some other reason why you want that road to be three lanes and that's what comes out of that planning process and I think -- and I'm pretty sure that's why when we talked about this as three lanes, because there is other things going on on that corridor. And so I just wanted to add that. I don't have much more than that. Just thank you -- thank you for your time and I can certainly answer any questions. De Weerd: Well, I appreciate those comments. They are right on. And I think we could do some initial look in terms of our land use along that corridor and -- to see if it even warrants even that initial step. So, appreciate those comments. Anything further from City Council? Okay. Thank you, Caleb. H. Purchasing Department Report: Approval of Award of Bid and Agreement for "NW 1st Street Water Main Replacement — Construction" to Start Construction LLC., and Authorize the Mayor to Sign the Agreement and the Clerk to Attest for the Not - to -Exceed Amount of $88,619.50 De Weerd: Okay Item H, our Purchasing Department. Keith Watts. Watts: Madam Mayor, Council Members, last week we brought an agreement before Council that was dependent on a license agreement with the Nampa -Meridian Irrigation District and the city. You will remember that we did not approve that agreement, because the city and the Nampa -Meridian Irrigation did not reach an agreement -- a license agreement. Rather than rebid this project, I negotiated a change order with the contractor to remove the portion of the work that was going to cross the lateral, actually postponing that work until the spring of 2013, pending the city, once again, reaching a license agreement with Nampa -Meridian. If that -- in the change order language, if that Meridian City Council February 14, 2012 Page 44 of 55 license agreement is not reached by February 1st of 2013, the contract will, then, terminate and each party is released from any further obligation. This allows us to continue with the work that is needed and required at this time, without obligating the city to have that portion of the award under the lateral in place prior to a license agreement with the irrigation district. My request would be for Council approval and, then, authorize the Mayor to sign and the Clerk to attest upon city's receipt of the signed changed order from the contractor. De Weerd: Thank you. Council, any questions? Rountree: Madam Mayor, I would have a question for Public Works De Weerd: Okay. Rountree: Mr. Dees. Dees: Yes, sir. Rountree: Have you reviewed this approach and is it acceptable from an engineering standpoint to have this agreement be this protracted? Dees: Madam Mayor, Members of the Council, Councilman Rountree, yes, we have. Warren Stewart's reviewed it, as have the other staff engineers and they think this is probably the best option to keep things moving. Rountree: Thank you. De Weerd: Okay. Any other questions? Hoaglun: Madam Mayor? De Weerd: Mr. Rountree -- I'm sorry. Mr. Hoaglun. Hoaglun: Yeah. Madam Mayor, I would move approval of the award of bid and agreement for the Northwest 1st Street water main replacement construction to Star Construction, LLC, and authorize the Mayor to sign and the Clerk to attest, the not to exceed amount of $88,619.50 following the contractor's signing of that document. Rountree: Second. De Weerd: Okay. I have a motion and a second. Any discussion? Madam Clerk. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. Meridian City Council February 14, 2012 Page 45 of 55 MOTION CARRIED: ALL AYES. I. Fire Department, Clerk's Office, and Planning Department Discussion: Fireworks Code Updates — Application and Inspection Process, Signs, and Standards De Weerd: Okay. Under Item 7-I, our Fire Department, Clerk's Office, Planning -- why do we list everyone and their kitchen sink? Who gets to take this one? Okay. Palmer: I guess I get to take it. De Weerd: You're it. Palmer: I'm it. Tag. Madam Mayor, Members of the Council, the last time that the fireworks ordinance was updated and approved was in 2007 and based on requests from vendors, as well as staff, we felt it was time to revisit this ordinance and make some adjustments. So, just to cover some of the highlights of this, the current fireworks code requires the applicants of fireworks stands to permit information that's not needed or even used, things like Social Security number, name of contact information, and criminal history of corporate officers. The draft that's before you would remove those requirements and make the application process a lot less cumbersome for the vendors and more streamlined for the staff that has to administer the permits. Another item is the current fireworks code involves a lot of different agencies within the city. The planning, the building, electrical, fire and code enforcement, to conduct site inspections and there is a lot of overlap between those different agencies when we go out and do conduct the inspections. So, what we are looking at is narrowing that down to, essentially, the Fire Department would be the lead. When it's identified that electrical maybe an issue, then, the electrical inspector would be involved. But, essentially, all the things the other departments are looking at, the Fire Department can review those and if there are any major issues, then, we can involve the appropriate agency in the city. The current fire code application starts in April 15th. What happens many times is people bring in a preliminary application that's not fully filled out, because they don't have all the information, and so we get recurring updates to the application process all the way up usually around June 1st. So, our -- and it's not reflected in the draft that you have, because it came up today. But we are proposing that the deadline for applications be moved to June 1st. We feel that this will be a lot more complete application process and cut down on confusion for the staff, as well as the customers, and make the whole process a lot more streamlined. The current fireworks code standard does not provide for standards for signage, so this would incorporate some standards for signage where they can have two signs of 32 square feet each. The parameters would be consistent with the temporary use code that's currently in place. And, then, the -- lastly we found that applying the current code to our fireworks is much more restrictive than what our neighboring jurisdictions impose, as well as what the current International Fire Code stipulates. Things like the distances where they can have smoking or where they can discharge fireworks. It's a lot more restrictive and, Meridian City Council February 14, 2012 Page 46 of 55 quite honestly, I am not completely convinced that I can make a persuasive argument as to why it needs to be at the distances that it is when the International Fire Code stipulates shorter distances. So, I am open for questions. De Weerd: Council, questions? Mr. Zaremba? Zaremba: Madam Mayor. I think at the time that we adopted this code we were thinking that we were doing it in concert with other jurisdictions who were going to adopt, essentially, the same code, at which they eventually did not, which kind of meant we were shooting ourselves in the foot without support. But one comment on changing the deadline for the application, I have no problem with that. I probably would insert the word that's the deadline for a completed application, so that it's real clear that that's not putting your half application and keep adding to it. I would make that word complete a specific part of that change. Then as to relaxing the requirements, many of the requirements we put in were led by the Fire Department at the time. If you're comfortable with backing off from those I suppose there is no reason I would argue with it. If you don't feel you can justify the more stringent requirements. I do know there was a time where we -- I think we have worked on the state law as well -- about whether or not vendors in our city could continue to sell fireworks that are illegal in Idaho merely by someone signing a paper that says they are not going to use them in Idaho. We at one time tried to include a rule that our vendors could not even sell them and I don't believe we got away with that. But I sure would like to see that idea be there again somehow, Fireworks that cannot be used in Idaho, I would just as soon weren't sold in Meridian. I'm sure that's an issue that comes up every Fourth of July when the Fire Department and the police are going around answering reports of sky bombs and all these other stuff that we are not supposed to have. But I -- that's just a personal opinion. Holman: Madam Mayor? De Weerd: Yes. Holman: Madam Mayor, Members of the Council, Councilman Zaremba, your comments about the completed application by June 1 st, I agree with that. I would like to ask Nancy Radford, though -- two of the things that they end up getting to us at a later date sometimes is on the current application they list the people that are actually working at the stand. I believe that's still on the current application; is that correct? Can you come up here? But sometimes they don't know that a full month in advance. Sometimes that information that they get to us a couple of weeks before as they are figuring out who is going to work these stands and the other one is a certificate of insurance. Do you see any problem, Nancy, with that as far as them having that a month ahead of time? Radford: Madam Mayor, Members of the Council, the certificate of liability insurance tends to be the thing that comes in the last, because they don't want to put the money out until they need it. But I think June 1st is a good time for that. They often don't know who their operators are going to be until the week before. You know, when you talk to Meridian City Council February 14, 2012 Page 47 of 55 like TNT or some of the bigger vendors, they have four or five stands, they have to actually get operators and they don't know -- typically I take the applications anyway and, then, we just put it in there. But that's only one or two items. Rountree: Madam Mayor? De Weerd: Yes, Mr. Rountree Rountree: On that particular item do we use that information to do background checks or anything on those names? And, if so, why? I mean what value are they to us? Overton: We have done background checks on them before, but we don't have a code that says -- that stipulates that we would turn them down if they had such and such and such. So, it's been more of a -- find out, make sure we don't have somebody who is actively involved in crimes sitting at a stand that doesn't have anything to do with disqualifying them. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Would it solve that by having a -- in the application a paragraph that they have to sign that says they won't employ anybody under 18 and anybody with a recent felony and put the onus on the owner not to employ such people, rather than ask what each of the names are and -- or does that make it more difficult for us? Hoaglun: Madam Mayor? Madam Mayor, Councilman Zaremba, I think part of the issue -- is it 25 dollars for an application? The most we are allowed to charge. And isn't 29 -- how much does it cost to run a background check now, 29 something? Is that what our -- Overton: A background check as we do for all the other permits and licenses is 29 dollars. Holman: Right. We could certainly do that, but there is a cost benefit. So, I guess that would be something we would be seeking your direction on. We can certainly background check the people that are listed on these applications. Rountree: Madam Mayor, I didn't make my comment to have that done. My comment was do we really need this and use this information. If not, take it out of the ordinance. Zaremba: I think that's the direction I was going. Don't ask for the names, make it their responsibility to make sure they -- they don't hire somebody that's under 18 or a felon. Meridian City Council February 14, 2012 Page 48 of 55 Overton: Madam Mayor, Members of the Council, we are totally good with that. We view that -- we have information. It's one of those things we did, because we have always done it that way. But its years of being useful are over. Rountree: Madam Mayor, just a general comment. I quit going to the Fourth of July fireworks show, because I don't have to leave my backyard anymore. So, my hope and issue about this is the ordinance is effective and, you know, it's kind of like the 65 mile an hour truck speed, all that's done is make a whole lot of truckers in violation of the law. Our fireworks ordinance, if we could enforce in total, would put a significant portion of our citizens in a violation situation. So, are we accomplishing -- I guess my question is do we have the numbers to show what we have done and what wasn't adopted by our sister communities, has it been of value. We have got 11 pages of ordinance here that my observation -- I'm not sure we accomplished a heck of a lot. De Weerd: I would say it has improved things and I would say it for a number of reasons. Certainly the challenge of availability of illegal fire -- or firearms -- fireworks does make them go somewhere else and does make it more purposeful. It does make them more aware that they are actually breaking a city code and when we get the phone calls the day after the explosions we can at least say we do have a local ordinance that we work hard to enforce, but -- so, you know, there is some trade offs, but I would -- I would hesitate to take that house out, because, then, you think you get a show now -- Nary: Madam Mayor? Madam Mayor? De Weerd: Yes. Nary: Madam Mayor, Members of the Council, to answer one of the questions, it's still illegal to sell those fireworks in the City of Meridian. It is not illegal for them to sell them in other places. So, that's the ones you're seeing. They are not buying it from the one that's in front of Fred Meyer, they are buying it from someplace else. So, the -- this is only part of the problem that Council Member Rountree I think has hit right on it. I mean we are trying to manage how they are sold within our city, rather than prohibiting them entirely, but the end user is still a challenge. So, the more we can eliminate them, this is clearly -- a statewide would be better and some states are moving more and more towards eliminating fireworks of any kind. But our legislature hasn't seen fit to do that yet. So, we are still going to see illegal usage, we are just trying to curb or curtail the illegal sales and I think all we are trying to do in this is really -- sort of like your other earlier recommendation of looking now back at our rental policy for our room, we have looked at our policy in regards to the fireworks stands and found these are the ones that are more practical to change, but it won't impact the products they sell. They are still only allowed to sell safe fireworks if there is such a thing. Hoaglun: Madam Mayor? De Weerd: That is a little skeptical. Meridian City Council February 14, 2012 Page 49 of 55 Hoaglun: One comment and, then, I have a question on our draft ordinance here. My one comment is I must be getting older, because I'm always for a good fireworks show, but, boy, once they hit midnight I want these things to be done and they are not. My question on -- under Item O, it's related to the temporary signs. I want to be sure under O, item one, it says no more than two temporary signs shall be installed or erected or posted or displayed for the purpose of identifying, promoting, advertising, directing patrons to its operation. Okay. So, I can see somebody on a corner -- you got one on this corner, one on that corner. The next sentence of that I want to be sure -- I understand that -- I think the next sentence would mean there is only one sign, then, on the business itself, because it, basically, repeats itself. It shall be unlawful for any person installing, post or display or to allow or cause installation or posting or display of more than one temporary sign per operation identifying, promoting, advertising, or directing patrons to such operation. So, I'm assuming that's the sign that is on their temporary structure, because I -- the language is almost identical -- first sentence says no more than two and, then, it says no more than one per operation. So, I just want to be sure if that's the thinking that we have on that, that you have got two say sandwich signs sitting out there, one on this street, one on that street, and, then, got you have one sign that's -- so, that's my question on that, Bill. I think I know -- to me that's what it says, but I'm not sure that's what it says. Rountree: Madam Mayor, I'm going to call on Pete, because I think he's got some enlightenment on this subject. De Weerd: He sure looks like it. Friedman: Madam Mayor, Council, Council Member Rountree. Thank you. I wish I could rise to your expectation, but I really don't, because when I saw this on the agenda I immediately went to Christy and said what do I need to know about this. She said nothing. It's taken care of. However, what I did glean from her was what we have done with the two signs, wrapping them into the fireworks permit, we have, essentially, removed them from obtaining separate signage from Planning. So, we would pretty much stay out of the fire -- approving the fireworks stands for those designs. However, if they do want more than the two signs allowed under this ordinance, should the Council pass it, then, they will have to apply for the limited duration sign and go through that process. So, it is conceivable they could have more signage, but, in essence, as I understand it, they get two with the fireworks stand permit. We don't look at them, as long as they don't exceed the 32 square feet. If they want anything more than that, then, they pay for it and go through the limited duration sign process. Rountree: Madam Mayor, question for Pete. In the language in this, even though the Fire Department would issue the permit and not come to Community Development, is this the same language that applies to other temporary users and their permit requirements for signs? And if it's not, then, it should be, because we shouldn't be treating these vendors any different than a temporary -- other temporary user. So, maybe just make sure that that's the case. Meridian City Council February 14, 2012 Page 50 of 55 Radford: Thank you, Mayor, Councilman Zaremba -- Councilman Rountree Rountree: Whatever. Radford: The temporary use ordinance allows for so many signs and there is nothing over and above. So, if this changes in the fireworks code, it would be two signs and if they want one more they can request one more. So, how I hear what you're saying is, no, just a few signs. That's what temporary uses are. They can't go to planning and get more signs. Rountree: So, it's consistent is what I'm hearing Radford: Uh-huh. Rountree: All right. De Weerd: Anything further? Rountree: Madam Mayor, I guess that there is no action on this item this afternoon, we would move forward for public hearing and hearing opportunity and -- sometime possibly by the end of the month. I don't know. Bill, you can schedule a date and get it going. Nary: We will do that. Rountree: And if you would make sure that this language is consistent with the sign ordinance, so we don't do something special for these permits. De Weerd: Just for some consistency. Rountree: Consistency. J. Legal Department: Board of Adjustment Update De Weerd: Thank you. Okay. Item 7-J. I will turn this to Bill. Nary: Thank you, Madam Mayor, Members of the Council. I had promised -- I was trying to get you out of here by 6:00, so I will definitely take less than 15 minutes for this. We changed our code a little over a year ago. If you recall we had the board of appraisers sitting for people that had issues or concerns regarding their water bills, trash payments, and the like. We changed it to the board of adjustment and we had anticipated not having a tremendous amount of hearings, since we hadn't had a board of appraisers hearing in about two years. So, we had four hearings last year and one hearing this year so far. So, that didn't work. But the -- the question I wanted to bring to you for discussion is in the board of adjustment what we have done and when we have Meridian City Council February 14, 2012 Page 51 of 55 dealt with these issues, so far we haven't had any issues or any adjustment requests in regards to water billings in regards to nonpayment or inability to pay. All of them have been related to, for lack of a better word, leaks that have occurred on the property. Primarily been by property management companies. One was by a business. And the board's position -- the board is made up of myself, Tom Barry, and one citizen Tom Sauer acts as the chair and the board's position has been consistently, but for the most recent hearing, that city's responsibility is to deliver water and if the water is used in an inefficient manner or wasteful manner because there is a leak on the property and you don't fix it for a period of time and you have, essentially, used up the city's water, you will have to pay for it and so the first four hearings we had we did not grant adjustments based on leaks, because the leaks occurred on the property owner's side of the meter and that's our -- been our standard. The most recent one we did have -- we did grant an adjustment and, basically, it was not for a deviation from the standard of practice, it was because we had made an adjustment in internally ourself in the city as to when billing reads occurred and when the billings were done and so we gave the benefit of that change, because this particular property owner sort of fell right in between that time period that we were making those adjustments ourselves. So, we granted that benefit to the property owner and gave a slight adjustment to their water bill. But their water bill was still significantly higher than normal. But issue or the problem that we have had is that -- and what we wanted to bring to you is that one of the issues that's come out both from a number of.the users and through our own research is that other entities that deliver water in our area provide some relief for leaks. The city of Nampa has a very strict little system they have developed in their code that gives a very limited time period in which a person can request relief from their excess water bill. They have to provide proof that they have fixed the leak and, then, the city is allowed to adjust their water bill by a very limited amount over a very limited window of time. So, they have to ask for it and I don't have the exact amount, but it's in your -- it's in here. The code. But you have to ask for it within two billing periods and they can look back within two billing periods and so it's very limited. But it is relief that is granted and it is trying to relate to what their normal usage is. Again, the conflict that we have run into from the board's perspective is we have always related back to the property owner is that it's their responsibility -- it's their incentive to fix their leak. If the -- if the property owner, who has the water delivered doesn't pay for it, then, essentially, it's absorbed as a business cost to the city, which means all the other users are paying for it. So, that's why we have been pretty strict about providing it and our ordinance doesn't grant anything else. So, the question we were asking of the Council to consider is do you want us to look at and bring you a proposal of some relief possibility? Are you comfortable with the -- obviously, no one's appealed the board's findings up to you, but are you comfortable with that position that we have? Again, we haven't had a lot of hearings -- well, we had a lot more than we anticipated and, again, a lot of them are -- at least two of them have been property management or landlords and, again, our response has been it's your property, you're required to maintain it. The leak wasn't caused by anything the city did, the leak was caused maintenance issues. One of them was an apartment complex where they had a number of maintenance issues. The other information that's been provided to us -- and I don't have that in front of you -- United Water, which is the biggest water provider in our area -- also grants some relief and it's unclear to us exactly Meridian City Council February 14, 2012 Page 52 of 55 what that is, but they have granted some relief to people that have leaks and bring in proof of repair. But, again, they are much larger entities, so maybe they have the ability to absorb it, but -- De Weerd: Well -- and, Bill, they are a for-profit company. Nary: Sure. De Weerd: And if we are making a profit we shouldn't be. And so to compare us with United Water is not apples and apples. Nary: No. I totally agree, Madam Mayor. All I'm saying is that's the information provided to us, that other users or other providers in our area provide relief and we provide none and so -- and, again, I don't have what -- what United Water does, but it is a completely different business model than municipal water providers, but our other municipal water provider to the west does provide some limited relief and we can certainly craft something to bring back to you if you would like us to do that, but before we went through that -- that exercise as a group we felt we'd ask the question if you want us to even consider that, because, again, we have not provided it but for this one and it wasn't related to the same issue. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I think relief is probably a reasonable approach based on the timeliness of the request. I mean if people are observant and do pay attention to their utility billing and see a change and report it, how else are they going to know? Particularly a small leak, other than getting a billing. And if they are timely in reporting that and getting it fixed, I can see where the city could participate in some relief there. But if it's, you know, a leak that's been going on for six or eight months and, then, all of a sudden the light comes that, hey, I'm paying more than I was six or eight months ago, what's the deal. And, oh, by the way, I have got a leak and now I want the city to -- I'm not sure how much relief is appropriate in that situation. Again, I don't know I'm going to have a small leak in my water delivery line until I get my water bill. Nary: Well, a good example, Council Member Rountree, is one of the recent ones -- and, again, it wasn't for this basis that we granted relief, but there -- it's an unoccupied building. They did not realize they had a leak until they turned on their sprinkler system, which was in the summer, so their normal usage in the wintertime was just the base rate, which is five dollars and change. So, when they turned on their sprinkler system in the summertime, then, it shot up to a hundred dollars, which is when they called, we sent a person out, we told them that they may have a leak and there was some delay. So, part of it would have been their fault by allowing this sort of language for a period of time. But the next water bill they got they went from around a hundred dollars to 800 dollars. So, suddenly they realized, yeah, they really had a huge leak, but they -- but Meridian City Council February 14, 2012 Page 53 of 55 they certainly could have addressed it sooner and that was, again, a different issue. But, you're right, for some of these folks, other than maybe having a little bit of soft spot in their yard, they don't know. Or if it's a residence, we had one where the residence had a leak, it was under the house. They didn't even know it was there, so -- until they got a water bill. So, those are the -- some of the issues that we wrestled with and if the Council would like we can at least create a proposal to bring you to consider looking at some of the -- at least the other government entities and how they grant that and see whether that's of your liking. De Weerd: I don't know. I guess I don't want to appear insensitive, but we are on a cost model and, you know, I guess we -- we all pay the same rates and I would be concerned, because when I have a backup in my sewer and I don't expect the city to come and help me pay for my cleanup cost in my house, because everything just backed into my floor, so it's where do you draw the line and these are unanticipated costs, but I don't know why it should be my cost. I'm just saying -- Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: In looking at the Nampa language, I mean it -- no allowances will be made covering more than two billing periods, including the billing period in which the protest was made and, then, they have to show that the repairs were made promptly. So, it is -- it's very confined to a certain period. So, like the case you talked about, they didn't realize for quite awhile that they had a leak, so -- but part of my mind is just like with the Mayor, you know, it's -- okay, you had a leak, you didn't know about it, now I'm trying to wrap my brain around, well, why should the rest of the rate payers pay for that? I mean part of me -- I want to be compassionate and, oh, that's too bad, let's fix that, you know, get it fixed and we will take care of the bill for you and go back to your normal, but at the same time it's -- those things happen and how do we balance -- because that will have to be adjusted in the rates that are paid. So, I don't know, I can't say right now if I would be -- be for that or not, so -- Zaremba: Madam Mayor, just as a thought. Rather than forgive an expense like that, might it be helpful to say, okay, we understand what happened. We will let you spread that excess over five months of payments or -- I mean rather than saying, okay, that 800 dollar bill is due two months ago, say, okay, your normal bill is a hundred dollars, how about 150 for the next -- well, until it's paid off or something like that? De Weerd: I think they have been. Nary: We do that now. They work a payment plan right now with -- I mean some of them have been commercial accounts and they have just paid it. They have just asked for relief, but they have just paid it if they have gotten a ruling against them. But, again, a residential one they will just work out a payment plan. Meridian City Council February 14, 2012 Page 54 of 55 Zaremba: Okay. De Weerd: Okay. Any thoughts or direction for staff on this one? Rountree: Well, we got them on both sides, so -- De Weerd: I know. Nary: It can be a future topic. You don't have to decide today. I just wanted to raise the question, because it's been brought up and, as I said, we have taken the position, again, if -- if the user doesn't pay it, the city is going to pay it. I mean someone has to absorb that cost. De Weerd: But we don't have that many -- I mean why are we going to make this an issue when it hasn't been? I mean everyone is going to ask the question. I mean the answer is always no if you don't ask and so you increase the percentage if you ask. But when I was on it people reluctantly agreed that, you know, it shouldn't be a cost that is shared by all and I don't think there is the realization that this is a cost neutral model, that it's -- we are not for a profit. So, that cost goes to someone and that would be all rate payers if you don't pay for your leak. So, I don't know, I don't want to -- to be talking about a solution when we don't necessarily have a real issue, so -- Mr. Zaremba,, were you wanting to make a comment? Zaremba: No. I think it's pretty much the same comment. Again, while I want to be sympathetic about a problem that a person has had, somebody does have to pay for the water that we process through our system and if it's not the person that had the problem, then, it's everybody else and I'm not sure that's fair. If we can work out a payment plan that makes it a little bit easier and we already have that process, I -- I think I'm coming down on the side of it's not broke, let's not fix it. Nary: And, Madam Mayor, Members of the Council, with just another piece of that. You know, our sewer system charge is based on an average. So, one of the things here at the staff level or at the board, we have been able to make sure that their sewer rate didn't raise because of the excess water, which is critical, since the sewer rates are normally higher as well. So, we have -- and sometimes it is just a communication thing, as the Mayor stated, that people don't understand how the system works or that -- again, it's not a for profit business. So, we do explain that and so, therefore, you haven't seen appeals. But I did want to at least report it to you, because it has come up enough that before you get a call I wanted you to at least be aware that's come to us -- I'm not recommending it at all, I'm really comfortable -- De Weerd: Mr. Nary, you have two minutes. Nary: I'm perfectly comfortable saying no, as we have been to this point, but I just wanted to bring it to your attention. Meridian City Council February 14, 2012 Page 55 of 55 Item 8: Future Meeting Topics De Weerd: Thank you. We appreciate that on Valentine's Day. Okay. Item No. 8, future meeting topics. Council, is there anything that needs to be considered to set for future meetings? Okay. I would entertain a motion to adjourn. Rountree: So moved. Zaremba: Second. De Weerd: All those in favor say aye. All ayes. MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 4:59 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYOR Y DE WEERD ATTEST: 3 i -7 i OZ i DATE APPROVED City of CITY CLER � Pr SEAT. 0e TR E AS� Meridian City Council Meeting DATE: ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Approve Minutes of January 3, 2012 Pre -Council Meeting MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Approve Minutes of January 27, 2012 City Council Special Meeting MEETING NOTES ��q�Jrl✓�'n Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Ten Mile/Ustick Intersection Project Cost Share Permit MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ADA COUNTY HIGIIWAY DISTRICT COST SHARE PERMIT 3775 Adams Street Garden City Idaho 83714 Phone(208)387-6280 Faeshnile (208) 387-6289 ACHD Contact Person: Name: Al Busche 3775 Adams Street Garden City Idaho 83714 Phone: (208) 387-6230 Date of Permit: Novemberl8, 201.1 ACHD Project No.: 310023 Permit No.: 001 Amended — 2/8/21 Capitalized terms that are not defined in this Permit shall have the meanings given to them in the ACHD Cost Share Ordinance No. 215. This permit is granted to: City of Meridian 33 E. Broadway Ave. Meridian, Idaho 83642 Name/Location of ACHD Road Project: Contact Person: Caleb Hood 33 E. Broadway Ave. Meridian, Idaho 83642 Phone: (208) 489-0572 Email: chood@meridiancitv.orR Ustick & Ten Mile Intersection, ACHD Project #310023, as generally depicted on Exhibit A and further depicted in the plans attached hereto and incorporated herein as Exhibit B. Approved Non -Transportation Components: In accordance with Section 3109.10 of Cost Share Ordinance No, 21.5, ACHD considers the Partnering Agency's Cost Share Application to be an exception request to allow interim treatments in connection with the ACHD Road Project. The Interim Treatments (defined below) must eventually be replaced with Permanent Landscaping (defined below) within 10 years, unless otherwise authorized in writing. Therefore, pursuant to this Permit, ACHD authorizes, and as a condition of issuing this Permit, requires, the following Non -Transportation Components: (1) Design, Construction and Perpetual Maintenance of Interim Treatments until Replaced with Design, Construction and Perpetual Maintenance of Permanent Landscaping in Front of Parcels 7 and 12. ACHD authorizes and requires the design, construction, and maintenance of interim treatments in the form of existing weed barrier and two inch minus drain rock, along with conduit for future irrigation. The top surface of the drain rock shall be level and depressed 1/2 inch to 1 inch below the top surface of the curb and sidewalk in order to contain the rock (collectively, the "Interim Treatment") within the six-foot wide pedestrian safety buffer areas present in front of parcels 7 and 12 (as identified on Exhibit A) for a period of ten (10) years from the date of this Permit.. After the 10 year period, the Interim Treatments must be replaced with developed landscaping in the form of irrigated grass (the "Permanent Landscaping"), except that the Interim Treatment may remain in front of parcels that are undeveloped beyond the 10 year period upon the prior written consent of ACRD. (2) Design Construction and Maintenance of Interim Treatments until Replaced with Design, Construction and Perpetual Maintenance of Permanent Landscaping in Front of Parcels 8, 9, 10, 13, 15, and 21. ACHD authorizes and requires the maintenance of Interim Treatments within the six-foot wide pedestrian safety buffers present in front of parcels 8, 9, 10, 13, 15, and 21. After the 10 year period, the Interim Treatments must be replaced with Permanent Landscaping, except that ACHD may, in its sole discretion, taking into account then-current conditions, authorize the Interim Treatments to remain in front of parcels that are undeveloped beyond the 10 year period, Such authorization, if given, shall only be valid if it is provided by ACHD in writing prior to the expiration of the 10-year period. In accordance with Ordinance 215, the foregoing Interim Treatments and Permanent Landscaping are referred to herein as the "Non-Transportation Components." Conditions of acquisition/contribution of real property by Partnering Agency and/or reimbursement to ACIID by Partnering Agency for acquisition of real property: None. ACHD has already acquired or is in the process of acquiring the right-of-way necessary to incorporate the Non-Transportation Components into the Project. Therefore, the acquisition of the real property for these safety buffer areas is not required of Partnering Agency, and is not part of the Non-Transportation Components. Party responsible for obtaining plans/design for Non-Transportation Components: The Partnering Agency shall be responsible for obtaining approval of the plans/designs of the Non-Transportation Components, which shall consist of designs for the Interim Treatments and Permanent Landscaping, as applicable, for the parcels outlined above. If Partnering Agency is responsible for providing plans/designs, deadline for submitting plans/designs to ACHD for approval: Partnering Agency shall submit the plans/designs of the Non -Transportation Components and receive approval from ACHD as to the plans/designs prior to installation. Additional conditions: All designs/plans submitted by the Partnering Agency will comply with (i) established engineering standards, including the Idaho Standards for Public Works Construction (ISPWC) (ii) the American Association of State. Highway and Transportation Of/icials ("AASHTO"), (iii) the Cost -Share Ordinance No. 215, (iv) all adopted ACHD rules, regulations, and policies, and (v) all state andfederal laws. No designs shall be considered final until they are approved, in writing by ACHD. Any modifications to the deadlines set forth above must be approved in writing by ACHD. 11y approving such designs/plans, ACHD assumes no responsibility for any deficiencies or inadequacies in the design or construction of the Non -Transportation Components. Allocation of design costs for Non -Transportation Components (including, if applicable, any credits provided to Partnering Agency and application of any federal funding) and time for reimbursement, if applicable: Partnering Agency shall be solely responsible for all design costs for the Nan -Transportation Components. Partnering Agency shall receive no credits in connection with the design costs for the Non -Transportation Components. Description of construction work approved by ACHD to be completed by Partnering Agency (if applicable): (In addition to description, refer to designs and plans attached to this Permit as Exhibits, if applicable. If designs and plans are not complete at the time of issuance of this Permit, they must be approved in writing by ACHD and shall be incorporated into this Permit.) Upon submission of the plans/designs of the Non -Transportation Components by Partnering Agency and approval by ACHD, Partnering Agency may proceed with construction or may elect to contract with ACHD for construction. If Partnering Agency performs the construction, it shall construct the improvements in accordance with the approved plans/designs. Additional conditions: (I) The Partnering Agency will not allow airy liens to attach to any right-qf-way, improvements, or other property of ACHD as a result of arty labor performed or materials supplied in connection with the construction of'the Nota -Transportation Components. (2)77te Partnering Agency shall be responsible for obtaining all permits required by ACHD in connection with any construction of the Nat -Transportation Components. (3) Partnering Agency's construction shall not negatively impact ACHD's construction of the "Transportation Components or ACHD's Road Project schedule in any way. (4) Any amendment to the designs and plants must be approved in writing by ACHD. (5) All construction of the Non -Transportation Components shall be in accordance with the designs/plans approved by ACHD. (6) All construction by the Partnering Agency will comply with (i) established engineering standards, including the Idaho Standards for Public Works Construction (ISPWC) (i) the American Association of State Highway and Transportation Officials ("AASHTO"), (iii) the Cost -Share Ordinance No. 215, (iv) all adopted ACHD rules, regulations, and policies, and (v) all state and federal laws. If Partnering Agency is=rgsponsible for' all 'or a part of the construction of the None Transiortetlon Components.! 0.. Date for submitting the Partnering Agency's contnc�tQrs and engipeeCs to ACHp for approval: Not applicable due to the nature of the construct 141nate for submitting the Portaoring A8e0y's eontractoev. and engineers' estimates to ACFID for approval: Not applicable due to IM...nature of the construction, c 'Date for sdbmittbig the :Partnering Ageuey's contractors' and engineers' contracts to ACRD for.approval: Not applicable due to the nature of theconstruou.0t ,. Any rtioditicatlonsIthe deadlines set for above must be approved in writing by ACIlp. Allocation of construction costs for_Non Transportation Components, reconstruction Costs Ray Relocation of utll►ties to be cortpletCd by Partnering Agericq (if any): If Partnering Agency constructs the Nonfiransportatton CompoObts, :the Partheling Agency will be solely respoi)sibie for the relocation of anyutilities requiretl-in conneouon with .tFie placetnent, incorporation, or Ctsgstructtott. of the Non T�ahsportattop .Components, if ACI3I) cpgstrut is the Non TrarrsportaiMO Cagipogenks, the Par tnering.;jgency will be splely w espopsible .for the cost'of the relocation. of &hy such iitUrties. Storm water provisions (if applicable): The pedestrian safety buffer .area: between sidewalk and vertical curb shall be designed so as to it Cverit stout w4et . OM. hcCutiiuWingand ptwft p the buffet area.: Aokio w coirdetroits 'Upon a deiermNtd«ori:'by ACHA that the fticorpatatlori Leto the Road Project -Of the Partnering Agency's Nqn Tt'anSporN iort Cotttpaefetni(s) well have an ailvime a ecl.brs sldrrn. water gugitnty or gNdlity, Partnering Aggndy shall ke solely t'esponsib(e. for eetl:er riiltlyp/in� or fund_ ing the initi atioh or an such adverse affected lira niedw determined b a:r dcceludhle to ACIID. , Schedule for completion of Road Project: At this time, ACHD's schedule for completion of the Transportation Components of the Road Project completion is unknown, but estimated on August, 2012. There is no deadline for Partnering Agency's completion of the Non -Transportation Components. Maintenance requirements of Non -Transportation Components by the Partnering Agency: Partnering Agency shall, and is hereby granted a non-exclusive, revocable license to, maintain, repair, and replace die Non -Transportation Components, subject to the provisions of this Permit and during the term of this Permit. This includes: (1) The maintenance repair, and replacement of Interim Treatments until replaced with Permanent Landscaping in front of Parcels 8, 9, 10, 13, 15, and 21., and thereafter, the perpetual maintenance, repair, and replacement of the Permanent Landscaping in front of such parcels. (2) The perpetual maintenance, repair, and replacement of Interim 'treatments until replaced with Permanent Landscaping in front of Parcels 7 and 12. Partnering Agency shall cause the Non -Transportation Components to be operated and maintained in good functioning order during the term of this Permit, in accordance with applicable law, the approved designs/plans, the Partnering Agency's landscape and irrigation standards and specifications, and industry standards. This obligation includes, without limitation, grass and lawn care, pruning or replacement of gravel, trees, and shrubs, clean-up of litter and debris, weed removal and application for shrubs, trees and groundeover, as applicable. Any replacement and/or installation by Partnering Agency of additional improvements shall be accomplished in accordance with designs, plans and specifications approved in advance and in writing by ACRD, in its discretion, and as required to satisfy applicable laws, its policies and good engineering and landscaping practices. Additional conditions: 1. This Permit does not extend to Partnering Agency the right to use any part of the ACHD Road Project area to the exclusion of ACHD for any use within its jurisdiction, authority, and discretion or of others to the extent authorized by law. 2. In accessing any part of the Road Project that has been accepted as an open public highway (as the term "highway" is defined in Idaho Code Section 40-109(5)), Partnering Agency's authorized use is subject to the rights of the public to use the highway. 3. The rights granted hereunder are subject to and ,subordinate to the rights of holders of easements of records and the statutory rights of utilities to use the right-of=way. 4. This Permit does not preclude or impede the ability of ACHD to enter into or grant easements or license agreements allowing third parties to access the Road Project area, or the ability of ACHD to redesign, reconstruct, relocate, maintain, and improve the Road Project and right -of --way as it determines necessary, in its sole discretion. 5. In consideration of the license granted by this Permit, Partnering Agency expressly covenants and agrees that the license granted herein is temporary and merely a permissive use of the ACHD right -qt - way pursuant to the terms of this Permit. Partnering Agency assumes the risk that the license granted herein may be terminated before Partnering Agency has realized the economic benefit of the cost of installing, constructing, repairing, or maintaining the Non -Transportation Components, and by signing and accepting this Permit, Partnering Agency hereby waives and estops itself from asserting any claim, including damages or reimbursement, that the license is in any way irrevocable because Partnering Agency has expended funds on the Non -Transportation Components and the Permit has not been in effect or a period sufficient for Partnering Agency to realize the economic, benefit from such expenditures. 6. In the event the Partnering Agency fails to replace, repair, maintain, and care ,for- the Non - Transportation Components, ACHD shall have the following remedies in addition to any other recovery in law or in equityprovided that ACHD first gives the Partnering Agency thirty (30) days notice and the Partnering Agency fails to remedy such failure: (i) ACHD may revoke this Permit, (ii) ACHD may replace, maintain, and/or care for the Non -Transportation Comporenis and the Partnering Agency shall reimburse ACHD fully for all associated costs, (iii) ACHD may remove, alter, redesign, or reconstruct the Non -Transportation Components or any part of the ACHD Road Project (including without limitation the right-of=way), or in the case of landscaping, replace the Non -Transportation Components with hardscape, and the Partnering Agency shall reimburse ACHD fully for all associated costs; and (iv) ACHD may refuse, to issue any further Cost Share Permits or any other permits for future ACHD Road Projects until the Partnering Agency complies with the conditions of the Permit. In addition, in the event of an emergency caused by the Partnering Agency's failure to perform required maintenance, ACHD may immediately perform any and all emergency repairs or take other measures in connection with an emergency, and the Partnering Agency shall reimburse ACHD firll for all associated costs. Term of Permit: Perpetual, until terminated or revoked pursuant to the provisions of this Permit, provided that Interim Treatments are only authorized for a period of 10 years following the date of this Permit, after which time the Interim Treatments must be replaced with Permanent Landscaping, which shall be perpetually maintained by Partnering Agency until termination or revocation of this Permit. Notwithstanding the foregoing, Interim Treatments may remain in front of parcels that are undeveloped beyond the 10 year period upon the prior written consent of ACHD Upon termination or revocation of this Permit, upon the request of ACHD, Partnering Agency will either, as directed by ACHD, (i) promptly remove the Non -Transportation Components and restore the underlying area to at least the condition present as of the date of this Permit. Partnering Agency shall repair and restore all portions of ACHD's right-of-way and personal property, if any, that is damaged during such removal activities, or (ii) reimburse ACHD for its cost of redesigning, replacing, and/or reconstructing the right-of-way underlying the Non - Transportation Components. Any portion of the Non -Transportation Components that remain in ACHD right-of-way 90 days after the termination or revocation of this Permit shall be deemed abandoned and ACHD shall have the right to remove them or redesign, replace, and reconstruct the right-of-way underlying them and charge all costs to Partnering Agency. Additional provisions: This Permit is issued in connection with the following findings: Partnering Agency's Cost Share Application was determined by ACHD to be incomplete due to numerous inaccuracies, including, by way of example and without limitation, (i) the reference to the former ACHD Cost Share Policy, which has been superseded by the ACHD Cost Share Ordinance No. 215, (ii) the application of credits to the Non -Transportation Components, (iii) the reference to the Non - Transportation Components as Transportation Components, (iv) the statement that Partnering Agency will not assume the cost of the design and construction of Non -Transportation Components, and (v) the request that ACHD enter directly into agreements with third party property owners within the Road Project area to provide the Non -Transportation Components. This Permit provides the terms upon which the incorporation of the Non -Transportation Components into the Road Project are approved. 1. This Permit is issued conditioned upon the Partnering Agency's compliance with ACHD's Cost Share Ordinance No. 215 and all certifications made by the Partnering Agency pursuant to this Permit. 2. This Permit is subject to the provisions of state and federal law and ACHD's Cost Share Ordinance No. 215, in effect as of the date of issuance of this Permit (the "Applicable Law"). In the event of any conflict between this Permit and Applicable Law, Applicable Law shall govern. In the event that any part of the obligations of the Partnering Agency or of ACHD in connection with the Road Project are determined to be illegal or unenforceable by a court of competent jurisdiction, the remaining obligations of the Partnering Agency set forth in this Permit shall still be applicable. Future amendments and restatements of the Cost Share Ordinance shall not be applicable to this Permit. 3. If any portion of the ACHD Road Project (including without limitation any portion of the right- of-way) is damaged as a result of Partnering Agency's action or inaction with regard to the construction, operation, and/or maintenance of the Non -Transportation Components or the failure or neglect to construct, operate, and/or maintain the Non -Transportation Components, then Partnering Agency shall, at its sole cost and expense, correct such deficiency and restore the area to the same condition it was in prior thereto, and if Partnering Agency or its successors or assigns shall fail or neglect to commence such correction and restoration within 24 hours of notification thereof, ACHD may proceed to do so, in which event Partnering Agency shall reimburse ACHD for the costs and expenses thereof, including, without limitation, reasonable compensation for the use of staff and equipment of ACHD. 4. The Partnering Agency shall be Ijable to ACHD for airy and all damages, fines, fees, obligations to third partii�s, costs, expenses attpmey fees,: or qty other l�abtut es whatsoever resulting from the Partnering Agency's failure to comply with Any provision of this Pcrtiiit and/or. Cost share Ordinance No.. 21.5. Without limiting the :fofe.going in anymanner, in the. event Partnering Agehcy fail$ to Comply with any VWA9166 of this permit, then foll_otvJng any eppltoable notice and opportunity to cuni get forth herein, ACHD shall have the right; in addition to all other rights and, remedies elsewhere Hi this Permit, to ledesign; replace; ;and/or recohstnict 'the Non- TranSpptnrtiOn Components ant7Jor the right of way. underlying the Non Transpoi.Ctation CoMP6fients, and 1p. such event,-P4raierrng-Agency shall reitabttrse,ACfo for all assopiaterl costs The obligations in this Segtipn shallsuivive the etpirattoq, fevppation, and/or cancellaffon. of thi& Permit fol ally tBason; 5. Partueririg Ageppy may delegate any of its resp9ptibilitie& hereunder to pny-thtisl. party soJdilg its tt gtYes prWr wntten notice to ACRD that specifies in detail what responsibilities are being delegated and identifies the third party Notwifhstandjng any delegation to; `a third patty,. the Pafttieting Agency shall remain and shall tic itltll...t..Y responsible fpr' rite third party's: compliance with -the terms of this Permit, and ho delegaddiishall absolve isa tn6t, Agegcy'of any'dutles or.:Ubhgationg of this Perrhit in any t4ay in addition, Partnegiio Agency folly assilmms 811 lege) Disks of determining wbether any such delegation .js proper and applicable law and 6.. The Paitnetntg Agency,- will prodllectors eI ployees, hieinbers; Ali losses, damages, claims; itutions, atto7ney foes, arising fro)r,or outo c6nitactors WAtetl io or jn aonpect of any .piivileges:.or perform2nce terA kf thW. Peritiit. :The Pattn oxplratlon, redoCationt and/or oanci 7. Ia ilia ovent the fepair; relooetign discretion.s�ue tt sueli work $. ACHp shall at :oil times` have- the.i improvements at are P, of tht Parti ring Agency of any On icijia iQnsibilities. cinder this Permit=Jf. it unable to `eason. idemnify, and hold AND and Its officers; :~s froilj and against hny and all liability;. suits, nses of any naturel, 'inclgding_coiirt costs _find` ito Survive the I y sucl If uwyp�aaaswi�y Agency accon $hah work..- P loved, or for relo as requitl plans, an ina nl ocifte, reconsouct rernoye, of redesjgn any acid ell oject. ACHD will use its best efforts to ativise s withi1.n the goad ProJ�t that wogld be :161y, to adaptation. .of afty of the Non -;'trans oetatiol Soilal?ly pQ.ss ble, shag agree to a. pridrjty uhedule .14 el with respect to planning and coordmat on_as r other adapWfon of any. of the Mn-Tiiiuspottation des that ony.part pf_th'e ]todd-1'i-6ect must b.6 filed, then Iartnering Agency, at Its solo cost and eC;Qnstrucung;: removing or reiieM mng the .l�Ion CHl?, which shall be _accomplished by Partnering. ications approved by ACHD Irl writing prior to any . o. PeinoJe all ora "ai t of tlie.N0& raps ortation 'Components in lieu of Any relocation, modification; or adaptation: Partnering Agency assumes any and all 'costs of Itself and ACRD telaiing to any futuro relocation of the; Non ltiAnspoita"tion Componems . 9. ACRD shall at All times have the right to 1061(v this gnd any :other Cost $flare Pornut gtantea to the Partnering Agency to access Any , .9 . Y'ay or Public Right of Way In addition, ACkHD may Immediately perform any and all emergency repairs or take other measures in connection 'with_ an emergency, in which case the Partilertng Agency shaMl reimburse ACHb fully for RU associated ;costs: I0. This Perarit,'shall immediately be. revocable and/or cancelable by ACRD by: providing written notice to the Partnering Agency upon the occurrence of any of the following' .(j) a defermipanoii by ACRD that.any d£ thg information submitted by the Partnering Agency in the Coat Share Applipalron is. false or 'inaccurate Ain Any manner (li) a tietefrtiinatioh by ACHD thai the Partner' Agency has failed tp comply with ahy term or provrsion .of this Pet nit or any atke.t pefririt granted by ACRD to Pattncripg Agency, (iijj.a determinatjon 6y, Atop. that the Partnerig Agency has farted to tep]ace, rnaiutaio; 'and/or care for fhe Noir Transpofatlon CornponenT3 as`.requued by the retire of this Permit $xcept m an eitseegency situation, gCI#D $hal pioYrdet[i@Partnering Agency lvith thiity:(30) days notice of tha _issue and.lin unity to comply puor,ip,e>4ercisjng`6uch rights. 11: The .is g-uanoe: of a 4dd tidoal''pei'intts iii This Permit 1p Partiien Apenoj i2. All exhibits and nnyaddeiida to this Permit ur e:iiicprporAted heroin:. 13 This Permit Is conditioned upon the sig mure.ofAGHA and the Partiierjng Agency below. This Cost Share Permit is issued by the Ada County Highway District on the date set forth above: Ada County Highway District: The person signing below represents that he or she has the authority on behalf of ACHD to issue this Permit and bind ACHD to the terms set forth herein. By: Bruce S. Wo $v Its: Director City of Meridian: Acceptance/certification by Partnering Agency: The person signing below represents that he or she has the authority on behalf of the Partnering Agency to accept and agree to the terms of this Permit and bind the Partnering amAgency to the terms set forth herein. By: Tammy DeWeerd Its: Mayor Exhibits Exhibit A General Depiction of Project Exhibit B Project Plans EXHIBIT .. EXI IJBI T A - 6ENEkALDEPICTION OF PROJECT T, I r d Z N. BLACK CAT RD ;rl X 0 > 4. In Z;o 90 0 c— Im M z N. 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B I, s- '�— i _ 8� J I II pp� �� I{—y�• I; _ ppy99] .�31 'Y 3�� �l 'Eg1u A w Li I r�1 a J' .g n Y I I I f Y �T,PM:.S AVD .t4 I I _ _ _ _ 151 `yyi n I i 8 ED lljo ill --- -�- g ,I a I I o t - I R Cad p��Ct�q.7J'C�l�.�Jp pii�GJQCJO�:� gig g5 5g lip �a pp ppegg o AA i 15 11 1[j --------- Meridian City Council Meeting DATE: ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Professional Services Agreement with Kathy Drury -Bogle for Human Resources Training Services MEETING NOTES Ap�ayltJ Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT, made this /0 day of February, 2012, by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "CITY", 33 East Broadway Avenue, Meridian, Idaho 83642, and KATHY DRURY-BOGLE CONSULTING, LLC, hereinafter referred to as "KATHY DRURY-BOGLE CONSULTING, LLC", 4222 S. Pinerest Way, Boise, Idaho 83716. 1. Scope of Services: KATHY DRURY-BOGLE CONSULTING, LLC shall perform all services, and comply in all respects, as specified in the document titled "Scope of Services" a copy of which is attached hereto as Exhibit "A" and incorporated herein by this reference, together with any amendments that may be agreed to in writing by the parties. 2. Time of Performance: This agreement shall become effective upon execution by both parties, and shall expire on September 30, 2012 unless earlier terminated or extended. 3. Indemnification and Insurance: KATHY DRURY-BOGLE CONSULTING, LLC shall indemnify and save and hold harmless CITY from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses caused or incurred by KATHY DRURY-BOGLE CONSULTING, LLC, its servants, agents, employees, guests, and business invitees, and not caused by or arising out of the tortuous conduct of CITY or its employees. KATHY DRURY-BOGLE CONSULTING, LLC shall maintain, and specifically agrees that it will maintain, throughout the term of this Agreement, liability insurance, in which the CITY shall be named an additional insured in the minimum amount as specified in the Idaho Tort Claims Act set forth in Title 6, Chapter 9 of the Idaho Code. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless CITY; and if CITY becomes liable for an amount in excess of the insurance limits, herein provided, KATHY DRURY-BOGLE CONSULTING, LLC covenants and agrees to indemnify and save and hold harmless CITY from and for all such losses, claims, actions, or judgments for damages or liability to persons or property. Additionally, KATHY DRURY-BOGLE CONSULTING, LLC shall maintain Workers Compensation Insurance, in the statutory limits as required by law. KATHY DRURY-BOGLE CONSULTING, LLC shall provide CITY with a Certificate of Insurance, or other proof of insurance evidencing KATHY DRURY-BOGLE CONSULTING, LLC's compliance with the requirements of this paragraph and file such proof of insurance with the CITY. In the event the insurance minimums are changed, KATHY DRURY-BOGLE CONSULTING, LLC shall immediately submit proof of compliance with the changed limits. Evidence of all insurance shall be submitted to the City Clerk with a copy to Human Resources Consulting Agreement - KATHY DRURY-BOGLE CONSULTING, LLC — page 1 of I Meridian City Human Resources, 33 East Broadway Avenue, Suite 308, Meridian, Idaho 83642. 4. Independent Contractor: In all matters pertaining to this agreement, KATHY DRURY-BOGLE CONSULTING, LLC shall be acting as an independent contractor, and neither KATHY DRURY-BOGLE CONSULTING, LLC nor any officer, employee or agent of KATHY DRURY-BOGLE CONSULTING, LLC will be deemed an employee of CITY. The selection and designation of the personnel of the CITY in the performance of this agreement shall be made by the CITY. 5. Presentation Materials: All materials prepared for the purpose of this agreement as well as any and all materials actually used in the presentation of the services contemplated by this agreement shall be the property of the CITY. 6. Compensation: KATHY DRURY-BOGLE CONSULTING, LLC shall be compensated for professional human resources services pursuant to and specified in attached Exhibit "A." During the remainder of this agreement, if the CITY uses KATHY DRURY-BOGLE CONSULTING, LLC for the same or additional training then a new Scope of Work shall be prepared and incorporated by reference with this Agreement. Method of Payment: KATHY DRURY-BOGLE CONSULTING, LLC will invoice the City of Meridian Human Resources Department at 33 East Broadway Avenue, Meridian, Idaho 83642 directly for all current amounts earned under this Agreement at the end of each month. The CITY will pay all invoices within thirty (30) days after receipt. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: City Clerk City of Meridian Attn: Human Resources 33 E. Broadway Avenue Meridian, Idaho 83642 KATHY DRURY-BOGLE CONSULTING, LLC 4222 Pinerest Way Boise, Idaho 83716 Either parry may change their address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. Human Resources Consulting Agreement - KATHY DRURY-BOGLE CONSULTING, LLC — page 2 of 2 9. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to'court costs and reasonable attorneys' fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 10. Time is of the Essence: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. 11. Assignment: It is expressly agreed and understood by the parties hereto, that KATHY DRURY-BOGLE CONSULTING, LLC shall not have the right to assign, transfer, hypothecate or sell any of its rights under this Agreement except upon the prior express written consent of CITY. 12. Discrimination Prohibited: In performing the Services required herein, KATHY DRURY-BOGLE CONSULTING, LLC shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. 13. Reports and Information: At such times and in such forms as the CITY may require, there shall be furnished to the CITY such statements, records, reports, data and information as the CITY may request pertaining to matters covered by this Agreement. 14. Audits and Inspections: At any time during normal business hours and as often as the CITY may deem necessary, there shall be made available to the CITY for examination all of KATHY DRURY-BOGLE CONSULTING, LLC'S records with respect to all matters covered by this Agreement. KATHY DRURY-BOGLE CONSULTING, LLC shall permit the CITY to audit, examine, and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. 15. Publication, Reproduction and Use of Material: No material produced in whole or in part under this Agreement shall be subject to copyright in the United States or in any other country. The CITY shall have unrestricted authority to publish, disclose and otherwise use, in whole or in part, any reports, data or other materials prepared under this Agreement. Human Resources Consulting Agreement - KATHY DRURY-BOGLE CONSULTING, LLC — page 3 of 3 16. Compliance with Laws: In performing the scope of services required hereunder, KATHY DRURY-BOGLE CONSULTING, LLC shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. 17. Changes: The CITY may, from time to time, request changes in the Scope of Services to be performed hereunder. Such changes, including any increase or decrease in the amount of KATHY DRURY-BOGLE CONSULTING, LLC's compensation, which are mutually agreed upon by and between the CITY and KATHY DRURY-BOGLE CONSULTING, LLC, shall be incorporated in written amendments to this Agreement. 18. Termination: If, through any cause, KATHY DRURY-BOGLE CONSULTING, LLC, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if the City Council determines that termination of this Agreement is in the best interest of CITY, the CITY shall thereupon have the right to terminate this Agreement by giving written notice to KATHY DRURY-BOGLE CONSULTING, LLC of such termination and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. KATHY DRURY-BOGLE CONSULTING, LLC may terminate this agreement at any time by giving at least fifteen (15) days notice to CITY. In the event of any termination of this Agreement, all finished or unfinished documents, data, and reports prepared by KATHY DRURY-BOGLE CONSULTING, LLC under this Agreement shall, at the option of the CITY, become its property, and KATHY DRURY-BOGLE CONSULTING, LLC shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. Notwithstanding the above, KATHY DRURY-BOGLE CONSULTING, LLC shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by KATHY DRURY-BOGLE CONSULTING, LLC, and the CITY may withhold any payments to KATHY DRURY-BOGLE CONSULTING, LLC for the purposes of set-off until such time as the exact amount of damages due the CITY from KATHY DRURY-BOGLE CONSULTING, LLC is determined. This provision shall survive the termination of this agreement and shall not relieve KATHY DRURY-BOGLE CONSULTING, LLC of its liability to the CITY for damages. 19. Construction and Severability: If any part of this Agreement is held to be linvalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. Human Resources Consulting Agreement - KATHY DRURY-BOGLE CONSULTING, LLC — page 4 of 4 Attest: 20. Entire Agreement: This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. 21. Applicable Law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. 22. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. City Clerk KATHY DRURY-BOGLE CONSULTING, LLC. Kat Drury g e Manager CITY OF MERIDIAN BY: 11 ammy6,lVcerd, Mayor SEAL Human Resources Consulting Agreement - KATHY DRURY-BOGLE CONSULTTNG, LLC -- page 5 of 5 EXHIBIT "A" Scope of Work To create an employee development program. Delivery of content developed may also be within scope of this contract. Will work up to 20 hours per month, working either at home office or on-site at City of Meridian during regular Monday through Friday week day hours. Additional hours or reduction of hours can be negotiated on an as -needed basis. Services Requested The services requested by Kathy Drury -Bogle Consulting, LLC, will include but will not be limited to the following: ■ Review of prior needs assessment and existing training content ■ Identify course content and develop descriptions ■ Draft employee development brochure for internal marketing of program — developed in- house by City of Meridian ■ Develop course material and customize to City of Meridian's needs Provide all course materials in Microsoft Word format. Course materials will be the property of the City of Meridian and will be able to be customized and utilized for different employee groups. Utilize purchased curriculum and design, develop, and customize curriculum to include a facilitator guide, PowerPoint presentation, and worksheets/handouts for City selected training courses as applicable. Courses will utilize experiential learning techniques to engage learners and allow them to practice concepts introduced in the class. ■ Make course material purchase recommendations for external resources to align with program requirements ■ Deliver courses to employees ■ Train internal staff to deliver courses ■ Provide ongoing support on utilization of employee training programs / curriculum Roles and Responsibilities of the City of Meridian • Provide purchased curriculum and information needed to adequately customize the course for your needs. • Provide timely feedback regarding course materials regarding any revisions requesting to be made. • Provide the training goals/objectives. • Provide the training venue (location), copies of course materials, and other training materials (flipchart or white board, LDS Projector), TV and DVD player as applicable. • Provide timely payment of services (within 45 days of the final service) Cost., Fee Schedule 0 Hourly rate of $100.00 Meridian City Council Meeting TE: ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Dog Licensing Designee Agreement with Meridian Vet Located at 421 W. Franklin Rd., Meridian, Idaho MEETING NOTES i, pr --F4 Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES - INITIALS tiJAHO DOG LICENSING DESIGNEE AGREEMENT Thi DOG LICENSING DESIGNEE AGREEMENT is made this_ day of x2011, by and between the City of Meridian, a municipal corporation organized under *e Mlaws(of the State of Idaho, hereinafter.r ferred to as "CIT ," 33 East Broadway Avenue, Meridian, Idaho 83642, and r ry..Q hereinafter referred to as "LICENSING DESIGNEE," whose business address is _ V�a &run_. A. Purpose of Agreement: The purpose of this Agreement is to set forth the rights and obligations of CITY and of LICENSING DESIGNEE with reference to LICENSING DESIGNEE's issuance of dog licenses on CITY's behalf. By entering into this agreement, both parties seek to: 1) encourage and facilitate the licensing of all dogs within the City of Meridian; and 2) implement the provisions of Meridian City Code section 6-2-3(H). B. Time of Performance: This agreement shall be effective from January 1, 2012 to December 31, 2012. C. Designation of authority: CITY hereby authorizes and empowers LICENSING DESIGNEE to issue dog licenses on behalf of CITY in accordance with all applicable provisions of Meridian City Code. D. Responsibilities of LICENSING DESIGNEE: 1. Issuance of dog licenses: LICENSING DESIGNEE shall issue dog licenses only after verification of compliance with all provisions of Meridian City Code section 6-2-3, including, but not limited to: a. Verification that any dog to be licensed has a valid rabies vaccination in accordance with Meridian City Code section 6-2-3(D). b. Verification that the owner of any dog to be licensed is eligible for the license fee sought to be paid, i. e., whether dog to be licensed is neutered or spayed; whether dog owner/user is visually or hearing impaired or disabled; whether dog owner is training such dog as seeing eye, hearing ear, or guide dog; and/or whether replacement license tag will indeed replace validly issued, lost tag. c. Collection of appropriate license fee. DOG LICENSING DESIGNEE AGREEMENT • PAGE 1 OF 6 2. Official log: LICENSING DESIGNEE shall keep an official, monthly, written log of all 1, dog licenses issued by LICENSING DESIGNEE on the form provided herewith entitled, "MONTHLY LOG — DOG LICENSES ISSUED BY LICENSING DESIGNEE: [MONTH & YEAR]" (hereinafter "monthly log"). If such form is lost or rendered unusable for any reason whatsoever, LICENSING DESIGNEE must keep a written record including: the serial numbers of the dog license tags provided by CITY for issuance by LICENSING DESIGNEE and shall also contain the following information as to each dog license issued by LICENSING DESIGNEE: a. date of issuance; b. dog license tag serial number; c. amount of license fee collected; d. amount of administrative fee collected; e. name, address, and telephone number of dog owner; f. description of dog to be licensed; g. verification of documentation demonstrating dog owner's compliance with all tprovisions of Meridian City Code section 6-2-3; and h. verification of eligibility of dog owner to pay license fee sought to be paid. 3. Administrative fee: CITY hereby authorizes LICENSING DESIGNEE to collect and keep an administrative fee of ten percent (10%) of the amount of each dog license fee collected on CITY's behalf. LICENSING DESIGNEE shall keep a record of dog license fees collected and administrative fees retained and shall report same to CITY in its annual report. 4. Monthly submission to City Clerk: At the end of each month during the term of this Agreement, LICENSING DESIGNEE shall submit to the Meridian City Clerk: a. All dog license fees collected by LICENSING DESIGNEE on CITY's behalf; and b. A true and correct copy of the LICENSING DESIGNEE's monthly log, completed in full. Such fees and log shall be submitted to the Meridian City Clerk no later than the fifteenth (15th) day of the month following the month for which the fees were collected and the monthly log completed. DOG LICENsING DESIGNEE AGREEMENT 0 PAGE 2 OF 6 5. Annual submission to City Clerk: No later than January 15, 2.012, LICENSING DESIGNEE shall submit to the Meridian City Clerk: a. All dog license tags provided by CITY to LICENSING DESIGNEE but unissued by LICENSING DESIGNEE; and b. An annual report, by completing in full the form provided herewith entitled, "ANNUAL REPORT — DOG LICENSES ISSUED BY LICENSING DESIGNEE." 6. Remission of discrepancy: If, following the Meridian City Clerk's monthly and/or annual review and accounting of LICENSING DESIGNEE's issuance of dog licenses as set forth in sections E(2) and E(3) of this Agreement, the Meridian City Clerk notifies LICENSING DESIGNEE of a discrepancy in fees collected and data reported by LICENSING DESIGNEE in the log or quantity of unissued tags, LICENSING DESIGNEE shall remit to CITY funds in the amount of such discrepancy. LICENSING DESIGNEE's obligation to remit to CITY funds in an amount corresponding to the number and type of dog licenses issued and the number of unissued dog license tags returned to CITY shall not be excused for any reason, regardless of LICENSING DESIGNEE's assertion of loss, theft, misplacement, mistake, or mismanagement of fees, tags, and/or data. E. Responsibilities of CITY: 1. Provision of dog license tags: CITY shall provide to LICENSING DESIGNEE _- ) a ( )))COS � VQ a,Ihty dog license tags with the following serial numbers: � � () () 0 which dog license tags are to be issued by LICENSING DESIGNEE only upon LICENSING DESIGNEE's verification of compliance with all provisions of Meridian City Code section 6-2-3. 2. Monthly accounting: Upon. LICENSING DESIGNEE's monthly remittance to the Meridian City Clerk of all dog license fees collected by LICENSING DESIGNEE on behalf of CITY and the official monthly log kept by LICENSING DESIGNEE, the Meridian City Clerk shall conduct an accounting to determine that the fees remitted correspond to the number and type of dog license tags issued by the designee according to the designee's log. In the event of a discrepancy between the log, fees remitted, and/or unissued tags, the Meridian City Clerk shall notify LICENSING DESIGNEE in writing and LICENSING DESIGNEE shall remit -to CITY funds in the amount of the discrepancy. 3. Annual accounting: Upon LICENSING DESIGNEE's remittance to the Meridian City Clerk of all dog license fees collected by LICENSING DESIGNEE, all official monthly DOG LICENSING DESIGNEE AGREEMENT w PAGE 3 OF 6 logs kept by LICENSING DESIGNEE, unissued dog license tags, and LICENSING DESIGNEE's annual report, the Meridian City Clerk shall conduct an accounting to determine that the fees remitted correspond to the number and type of dog license tags issued by the designee according to the designee's logs. In the event of a discrepancy between the logs, fees remitted, and/or unissued tags, the Meridian City Clerk shall notify LICENSING DESIGNEE in writing and LICENSING DESIGNEE shall remit to CITY funds in the amount of the discrepancy. F. Vicious dog licenses: This Agreement shall not authorize LICENSING DESIGNEE to issue vicious dog licenses on behalf of CITY. G. Independent Contractor: In all matters pertaining to this agreement, LICENSING DESIGNEE shall be acting as an independent contractor, and neither LICENSING DESIGNEE nor any officer, employee or agent of LICENSING DESIGNEE will be deemed an employee of CITY. The selection and designation of the personnel of CITY in the performance of this agreement shall be made by CITY. H. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed to CITY as follows: City Clerk, City of Meridian, 33 E. Broadway Avenue, Meridian. Idaho 83642. or to Either party may change its address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. L Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorneys' fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. J. Assignment: It is expressly agreed and understood by the parties hereto, that LICENSING DESIGNEE shall not have the right to assign, transfer, hypothecate, subcontract, or sell any of its rights or responsibilities under this Agreement except upon the prior express written consent of CITY. K. Discrimination Prohibited: In performing the Services set forth herein, LICENSING DESIGNEE shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. DOG LICENSING DESIGNEE AGREEMENT 0 PAGE 4 OF 6 L. Reports and Information: At such times and in such forms as the CITY may require, there shall be furnished to the CITY such statements, records, reports, data and information as the CITY may request pertaining to matters covered by this Agreement. M. Audits and Inspections: At any time during business hours and as often as the CITY may deem necessary, there shall be made available to the CITY for examination all of LICENSING DESIGNEE'S records with respect to all matters covered by this Agreement. N. Compliance with Laws: In performing the scope of services required hereunder, LICENSING DESIGNEE shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. O. Changes: Proposed changes to any portion of this Agreement shall be submitted in writing. The party to whom the change is proposed shall have thirty (30) days to accept or reject the proposed change. Changes which are mutually agreed upon by and between the CITY and LICENSING DESIGNEE shall be incorporated into this Agreement by written amendment signed by both parties. P. Termination: 1. Written notice: If, through any cause, LICENSING DESIGNEE, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if the Meridian City Council determines that termination of this Agreement is in the best interest of CITY, the CITY shall thereupon have the right to terminate this Agreement by giving LICENSING DESIGNEE at least fifteen (15) calendar days written notice. LICENSING DESIGNEE may terminate this agreement at any time by giving at least fifteen (15) calendar days written notice to CITY. 2. Remittance to CITY: In the event of any termination of this Agreement, all finished or documents, data, and reports prepared by LICENSING DESIGNEE pursuant to Meridian City Code and/or under this Agreement, completed or incomplete, shall, at the option of the CITY, become its property, and LICENSING DESIGNEE shall remit to CITY all licensing fees collected by LICENSING DESIGNEE on CITY's behalf and all unissued dog license tags. Upon such remittance following termination, the Meridian City Clerk shall conduct an accounting(s) as set forth in sections E(2) and E(3) of this Agreement, and LICENSING DESIGNEE shall remit to CITY funds in the amount of the discrepancy. LICENSING DESIGNEE shall not thereby be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by LICENSING DESIGNEE. This provision shall survive the termination of this agreement and shall not relieve LICENSING DESIGNEE of its liability to the CITY for damages. DOG LICENSING DESIGNEE AGREEMENT • PAGE 5 OF 6 Q. Construction and severability: If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. R. Entire agreement: This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral or written, whether previous to the execution hereof or contemporaneous herewith. S. Applicable law: This Agreement shall be governed by and construed and enforced in ' accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. T. Approval required: This Agreement shall not become effective or binding until approved by CITY. LICENSING DESIGNEE: §tgnature T— Pnnt Name i CITY OF MERIDIAN: BY:y �✓�� TAMMY d ' F,RD, MAYOR DOG LICENSING DESIGNEE AGREEMENT w PAGE. 6 01:6 Meridian City Council Meeting DATE: ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Dog Licensing Designee Agreement with Settlers Park Veterinary Hospital Located at 3220 N. Meridian Rd., Meridian Idaho MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS WEN!,11A DOG LICENSING DESIGNEE AGREEMENT This DOG LICENSING DESIGNEE AGREEMENT is made this Z ( day of 01OW, 2011, by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "CITY," 33 East Broadway Avenue, Meridian, Idaho 83642, and 5�Ie5 Felt VIC4c�r k5p4w( hereinafter referred to as "LICENSING DESIGNEE," whose business address is _17, 2A _lq - Aeh d -id - P/], A. Purpose of Agreement: The purpose of this Agreement is to set forth the rights and obligations of CITY and of LICENSING DESIGNEE with reference to LICENSING DESIGNEE's issuance of dog licenses on CITY's behalf. By entering into this agreement, both parties seek to: 1) encourage and facilitate the licensing of all dogs within the City of Meridian; and 2) implement the provisions of Meridian City Code section 6-2-3(H). B. Time of Performance: This agreement shall be effective from January 1, 2012 to December 31, 2012. C. Designation of authority: CITY hereby authorizes and empowers LICENSING DESIGNEE to issue dog licenses on behalf of CITY in accordance with all applicable provisions of Meridian City Code. D: Responsibilities of LICENSING DESIGNEE: 1. Issuance of dog licenses: LICENSING DESIGNEE shall issue dog licenses only after verification of compliance with all provisions of Meridian City Code section 6-2-3, including, but not limited to: a. Verification that any dog to be licensed has a valid rabies vaccination in accordance with Meridian City Code section 6-2-3(D). b. Verification that the owner of any dog to be licensed is eligible for the license fee . sought to be paid, i.e., whether dog to be licensed is neutered or spayed; whether dog owner/user is visually or hearing impaired or disabled; whether dog owner is training such dog as seeing eye, hearing ear, or guide dog; and/or whether replacement license tag will indeed replace validly issued, lost tag. c. Collection of appropriate license fee. DOG LICENSING DESIGNEE AGREEMENT N PAGE 1 OF 6 2. Official log: LICENSING DESIGNEE shall keep an official, Montlily, written log of all dog licenses issued by LICENSING DESIGNEE on the form provided herewith entitled, "MONTHLY LOG — DOG LICENSES ISSUED BY LICENSING DESIGNEE: [MONTH & YEAR]" (hereinafter "monthly log"). If such form is lost or rendered unusable for any reason whatsoever, LICENSING DESIGNEE must keep a written record including: the serial numbers of the dog license tags provided by CITY for issuance by LICENSING DESIGNEE and shall also contain the following information as to each dog license issued by LICENSING DESIGNEE: a. date of issuance; b. dog license tag serial number; C. amount of license fee collected; d. amount of administrative fee collected; e. name, address, and telephone number of dog owner; f. description of dog to be licensed; g. verification of documentation demonstrating dog owner's compliance with all provisions of Meridian City Code section 6-2-3; and h. verification of eligibility of dog owner to pay license fee sought to be paid. 3. Administrative fee: CITY hereby authorizes. LICENSING DESIGNEE to collect and keep an administrative fee of ten percent (10%) of the amount of each dog license fee collected on CITY's behalf. LICENSING DESIGNEE shall keep a record of dog license fees collected and administrative fees retained and shall report same to CITY in its annual report. 4. Monthly submission to City Clerk: At the end of each month during the term of this Agreement, LICENSING DESIGNEE shall submit to the Meridian City Clerk: a. All dog license fees collected by LICENSING DESIGNEE on CITY's behalf; and b. A true and correct copy of the LICENSING DESIGNEE's monthly log, completed in full. Such fees and log shall be submitted to the Meridian City Clerk no later than the fifteenth (15th) day of the month following the month for which the fees were collected and the monthly log completed. DOG LICENSING DESIGNEE AGREEMENT • PAGE 2 OF 6 5. Annual submission to City Clerk: No later than January 15, 2012, LICENSING DESIGNEE shall submit to the Meridian City Clerk: a. All dog license tags provided by CITY to LICENSING DESIGNEE but unissued by LICENSING DESIGNEE; and b. An annual report, by completing in full the form provided herewith entitled, "ANNUAL REPORT — DOG LICENSES ISSUED BY LICENSING DESIGNEE." 6. Remission of discrepancy: If, following the Meridian City Clerk's monthly and/or annual review and accounting of LICENSING DESIGNEE's issuance of dog licenses as set forth in sections E(2) and E(3) of this Agreement, the Meridian City Clerk notifies LICENSING DESIGNEE of a discrepancy in fees collected and data reported by LICENSING DESIGNEE in the log or quantity of unissued tags, LICENSING DESIGNEE shall remit to CITY funds in the amount of such discrepancy. LICENSING DESIGNEE's obligation to remit to CITY funds in an amount corresponding to the number and type of dog licenses issued and the number of unissued dog license tags returned to CITY shall not be excused for any reason, regardless of LICENSING DESIGNEE's assertion of loss, theft, misplacement, mistake, or mismanagement of fees, tags, and/or data. E. Responsibilities of CITY: 1. Provision of dog license tags: CITY shall provide to LICENSING DESIGNEE T60 Qumfity dog license tags with the following serial numbers: Top which dog license tags are to be issued by LICENSING DESIGNEE only upon LICENSING DESIGNEE's verification of compliance with all provisions of Meridian City Code section 6-2-3. 2. Monthly accounting: Upon_LICENSING DESIGNEE's monthly remittance to the Meridian City Clerk of all dog license fees collected by LICENSING DESIGNEE on behalf of CITY and the official monthly log kept by LICENSING DESIGNEE, the Meridian City Clerk shall conduct an accounting to determine that the fees remitted correspond to the number and type of dog license tags issued by the designee according to the designee's log. In the event of a discrepancy between the log, fees remitted, and/or unissued tags, the Meridian City Clerk shall notify LICENSING DESIGNEE in writing and LICENSING DESIGNEE shall remit_ to CITY funds in the amount of the discrepancy. 3. Annual accounting: Upon LICENSING DESIGNEE's remittance to the Meridian City Clerk of all dog license fees collected by LICENSING DESIGNEE, all official monthly DOG LICENSING DESIGNEE AGREEMENT • PAGE 3 OF 6 logs kept by LICENSING DESIGNEE, unissued dog license tags, and LICENSING DESIGNEE's annual report, the Meridian City Clerk shall conduct an accounting to determine that the fees remitted correspond to the number and type of dog license tags issued by the designee according to the designee's logs. In the event of a discrepancy between the logs, fees remitted, and/or unissued tags, the Meridian City Clerk shall notify LICENSING DESIGNEE in writing and LICENSING DESIGNEE shall remit to CITY funds in the amount of the discrepancy. F. Vicious dog licenses: This Agreement shall not authorize LICENSING DESIGNEE to issue vicious dog licenses on behalf of CITY. G. Independent Contractor: In all matters pertaining to this agreement, LICENSING DESIGNEE shall be acting as an independent contractor, and neither LICENSING DESIGNEE nor any officer, employee or agent of LICENSING DESIGNEE will be deemed an employee of CITY. The selection and designation of the personnel of CITY in the performance of this agreement shall be made by CITY. H. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed to CITY as follows: City Clerk, City of Meridian, 33 E. Broadway Avenue, Meridian, Idaho 83642, or to LICENSING DESIGNEE as follows: ( S&ors Fot'k- tfc4 emn!l u /11 Yti*elN A" e2 Ale ek . J-rs ...wuuwb ✓ ."— ".uc Y W Addl... k --I& ry 10 Either party may change its address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. I. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorneys' fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. J. Assignment: It is expressly agreed and understood by the parties hereto, that LICENSING DESIGNEE shall not have the right to assign, transfer, hypothecate, subcontract, or sell any of its rights or responsibilities under this Agreement except upon the prior express written consent of CITY. K. Discrimination Prohibited: In performing the Services set forth herein, LICENSING DESIGNEE shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. DOG LICENSING DESIGNEE AGREEN ENT ■ PAGE 4 OF 6 L. Reports and Information: At such times and in such forms as the CITY may require, there shall be famished to the CITY such statements, records, reports, data and information as the CITY may request pertaining to matters covered by this Agreement. M. Audits and Inspections: At any time during business hours and as often as the CITY may deem necessary, there shall be made available to the CITY for examination all of LICENSING DESIGNEE'S records with respect to all matters covered by this Agreement. N. Compliance with Laws: In performing the scope of services required hereunder, LICENSING DESIGNEE shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. O. Changes: Proposed changes to any portion of this Agreement shall be submitted in writing. The party to whom the change is proposed shall have thirty (30) days to accept or reject the proposed change. Changes which are mutually agreed upon by and between the CITY and LICENSING DESIGNEE shall be incorporated into this Agreement by written amendment signed by both parties. P. Termination: 1. Written notice: If, through any cause, LICENSING DESIGNEE, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if the Meridian City Council determines that termination of this Agreement is in the best interest of CITY, the CITY shall thereupon have the right to terminate this Agreement by giving LICENSING DESIGNEE at least fifteen (15) calendar days written notice. LICENSING DESIGNEE may terminate this agreement at any time by giving at least fifteen (15) calendar days written notice to CITY. 2. Remittance to CITY: In the event of any termination of this Agreement, all finished or documents, data, and reports prepared by LICENSING DESIGNEE pursuant to Meridian City Code and/or under this Agreement, completed or incomplete, shall, at the option of the CITY, become its property, and LICENSING DESIGNEE shall remit to CITY all licensing fees collected by LICENSING DESIGNEE on CITY's behalf and all unissued dog license tags. Upon such remittance following termination, the Meridian City Clerk shall conduct an accounting(s) as set forth in sections E(2) and E(3) of this Agreement, and LICENSING DESIGNEE shall remit to CITY funds in the amount of the discrepancy. LICENSING DESIGNEE shall not thereby be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by LICENSING DESIGNEE. This provision shall survive the termination of this agreement and shall not relieve LICENSING DESIGNEE of its liability to the CITY for damages. DGG LicENsING DESIGNEE AGREEMENT ■ PAGE 5 OF 6 Q.. Construction and severability: If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. R. Entire agreement: This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or. understandings, oral or written, whether previous to the execution hereof or contemporaneous herewith. S. Applicable law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian.. T. Approval required: This Agreement shall not become effective or binding until approved by CITY. LICENSING DESIGNEE: Signature BY: `>'V t tS g Jt S �y✓h Print Name CITY OF MERIDIAN: BY: TAMMY d ERD, MAYOR DOG LICENSING DESIGNEE AGREEMENT • PAGE 6 OF 6 Meridian City Council Meeting DATE: ITEM NUMBER: 4 PROJECT NUMBER: ITEM TITLE: Dog Licensing Designee Agreement with Treasure Valley Vet Hospital Located at 2600 S. Meridian Rd., Meridian Idaho MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CiQWE IDIAN.� dDAHO DOG LICENSING DESIGNEE AGREEMENT II�,/This DOG LICENSING DESIGNEE AGREEMENT is made this —I day of 2011, by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "CITY " 33 East Broadway Avenue, Meridian, Idaho 83642, and C6 ', hereinafter referred tqq�� as "LICENSING DESIGNEE," whose business address s Vo D(� . YYI PXi Gi tarn �ll A. Purpose of Agreement: The purpose of this Agreement is to set forth the rights and obligations of CITY and of LICENSING DESIGNEE with reference to LICENSING DESIGNEE's issuance of dog licenses on CITY's behalf. By entering into this agreement, both parties seek to: 1) encourage and facilitate the licensing of all dogs within the City of Meridian; and 2) implement the provisions of Meridian City Code section 6-2-3(H). B. Time of Performance: This agreement shall be effective from January 1, 2012 to December 31, 2012. C. Designation of authority: CITY hereby authorizes and empowers LICENSING DESIGNEE to issue dog licenses on behalf of CITY in accordance with all applicable provisions of Meridian City Code. D. Responsibilities of LICENSING DESIGNEE: 1. Issuance of dog licenses: LICENSING DESIGNEE shall issue dog licenses only after verification of compliance with all provisions of Meridian City Code section 6-2-3, including, but not limited to: a. Verification that any dog to be licensed has a valid rabies vaccination in accordance with Meridian City Code section 6-2-3(D). b. Verification that the owner of any dog to be licensed. is eligible for the license fee sought to be paid, i.e., whether dog to be licensed is neutered or spayed; whether dog owner/user is visually or hearing impaired or disabled; whether dog owner is training such dog as seeing eye, hearing ear, or guide dog; and/or whether replacement license tag will indeed replace validly issued, lost tag. c. Collection of appropriate license fee. DOG LICENSING DESIGNEE AGREEN ENT • PAGE 1 OF 6 2. Official log: LICENSING DESIGNEE shall keep an official, monthly, written log of all dog licenses issued by LICENSING DESIGNEE on the form provided herewith entitled, "MONTHLY LOG — DOG LICENSES ISSUED BY LICENSING DESIGNEE: [MONTH & YEAR]" (hereinafter "monthly log'). If such form is lost or rendered unusable for any reason whatsoever, LICENSING DESIGNEE must keep a written record including: the serial numbers of the dog license tags provided by CITY for issuance by LICENSING DESIGNEE and shall also contain the following information as to each dog license issued by LICENSING DESIGNEE: a. date of issuance; b. dog license tag serial number; c. amount of license fee collected; d. amount of administrative fee collected; e. name, address, and telephone number of dog owner; f. description of dog to be licensed; g. verification of documentation demonstrating dog owner's compliance with all provisions of Meridian City Code section 6-2-3; and h. verification of eligibility of dog owner to pay license fee sought to be paid. 3. Administrative fee: CITY hereby authorizes LICENSING DESIGNEE to collect and keep an administrative fee of ten percent (10%) of the amount of each dog license fee collected on CITY's behalf. LICENSING DESIGNEE shall keep a record of dog license fees collected and administrative fees retained and shall report same to CITY in its annual report. 4. Monthly submission to City Clerk: At the end of each month during the term of this Agreement, LICENSING DESIGNEE shall submit to the Meridian City Clerk: a. All dog license fees collected by LICENSING DESIGNEE on CITY's behalf; and b. A true and correct copy of the LICENSING DESIGNEE's monthly log, completed in full. Such fees and log shall be submitted to the Meridian City Clerk no later than the fifteenth (15th) day of the month following the month for which the fees were collected and the monthly log completed. DOG LICENSING DESIGNEE AGREEMENT 0 PAGE 2 OF 6 5. Annual submission to City Clerk: No later than January 15, 2012, LICENSING DESIGNEE shall submit to the Meridian City Clerk: a. All dog license tags provided by CITY to LICENSING DESIGNEE but unissued by LICENSING DESIGNEE; and b. An annual report, by completing in full the form provided herewith entitled, "ANNUAL REPORT — DOG LICENSES ISSUED BY LICENSING DESIGNEE." 6. Remission of discrepancy: If, following the Meridian City Clerk's monthly and/or annual review and accounting of LICENSING DESIGNEE's issuance of dog licenses as set forth in sections E(2) and E(3) of this Agreement, the Meridian City Clerk notifies LICENSING DESIGNEE of a discrepancy in fees collected and data reported by LICENSING DESIGNEE in the log or quantity of unissued tags, LICENSING DESIGNEE shall remit to CITY funds in the amount of such discrepancy. LICENSING DESIGNEE's obligation to remit to CITY funds in an amount corresponding to the number and type of dog licenses issued and the number of unissued dog license tags returned to CITY shall not be excused for any reason, regardless of LICENSING DESIGNEE's assertion of loss, theft, misplacement, mistake, or mismanagement of fees, tags, and/or data. E. Responsibilities of CITY: 1. Provision of dog license tags: CITY shall provide to LICENSING DESIGNEE )t05- QumUty dog license tags with the following serial numbers: /5D/ 1hru /400o which dog license tags are to be issued by LICENSING DESIGNEE only upon LICENSING DESIGNEE's verification of compliance with all provisions of Meridian City Code section 6-2-3. 2. Monthly accounting: Upon LICENSING DESIGNEE's monthly remittance to the Meridian City Clerk of all dog license fees collected by LICENSING DESIGNEE on behalf of CITY and the official monthly log kept by LICENSING DESIGNEE, the Meridian City Clerk shall conduct an accounting to determine that the fees remitted correspond to the number and type of dog license tags issued by the designee according to the designee's log. In the event of a discrepancy between the log, fees remitted, and/or unissued tags, the Meridian City Clerk shall notify LICENSING DESIGNEE in writing and LICENSING DESIGNEE shall remit to CITY funds in the amount of the discrepancy. 3. Annual accounting: Upon LICENSING DESIGNEE's remittance to the Meridian City Clerk of all dog license fees collected by LICENSING DESIGNEE, all official monthly DOG LICENSING DESIGNEE AGREEMENT 2 PAGE 3 OF 6 logs kept by LICENSING DESIGNEE, unissued dog license tags, and LICENSING DESIGNEE's annual report, the Meridian City Clerk shall conduct an accounting to determine that the fees remitted correspond to the number and type of dog license tags issued by the designee according to the designee's logs. In the event of a discrepancy between the logs, fees remitted, and/or unissued tags, the Meridian City Clerk shall notify LICENSING DESIGNEE in writing and LICENSING DESIGNEE shall remit to CITY funds in the amount of the discrepancy. F. Vicious dog licenses: This Agreement shall not authorize LICENSING DESIGNEE to issue vicious dog licenses on behalf of CITY. G. Independent Contractor: In all matters pertaining to this agreement, LICENSING DESIGNEE shall be acting as an independent contractor, and neither LICENSING DESIGNEE nor any officer, employee or agent of LICENSING DESIGNEE will be deemed an employee of CITY. The selection and designation of the personnel of CITY in the performance of this agreement shall be made by CITY. H. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed to CITY as follows: City Clerk, City of Meridian, 33 E. Broadway Avenue, Meridian, Idaho 83642, or to Either party may change its address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. I. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing parry shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorneys' fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. J. Assignment: It is expressly agreed and understood by the parties hereto, that LICENSING DESIGNEE shall not have the right to assign, transfer, hypothecate, subcontract, or sell any of its rights or responsibilities under this Agreement except upon the prior express written consent of CITY. K. Discrimination Prohibited: In performing the Services set forth herein, LICENSING DESIGNEE shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. DOG LICENSING DESIGNEE AGREEMENT 0 PAGE 4 OF 6 L. Reports and Information: At such times and in such forms as the CITY may require, there shall be furnished to the CITY such statements, records, reports, data and information as the CITY may request pertaining to matters covered by this Agreement. M. Audits and Inspections: At any time during business hours and as often as the CITY may deem necessary, there shall be made available to the CITY for examination all of LICENSING DESIGNEE'S records with respect to all matters covered by this Agreement. N. Compliance with Laws: In performing the scope of services required hereunder, LICENSING DESIGNEE shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. O. Changes: Proposed changes to any portion of this Agreement shall be submitted in writing. The party to whom the change is proposed shall have thirty (30) days to accept or reject the proposed change. Changes which are mutually agreed upon by and between the CITY and LICENSING DESIGNEE shall be incorporated into this Agreement by written amendment signed by both parties. P. Termination: 1. Written notice: If, through any cause, LICENSING DESIGNEE, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if the Meridian City Council determines that termination of this Agreement is in the best interest of CITY, the CITY shall thereupon have the right to terminate this Agreement by giving LICENSING DESIGNEE at least fifteen (15) calendar days written notice. LICENSING DESIGNEE may terminate this agreement at any time by giving at least fifteen (15) calendar days written notice to CITY. 2. Remittance to CITY: In the event of any termination of this Agreement, all finished or documents, data, and reports prepared by LICENSING DESIGNEE pursuant to Meridian City Code and/or under this Agreement, completed or incomplete, shall, at the option of the CITY, become its property, and LICENSING DESIGNEE shall remit to CITY all licensing fees collected by LICENSING DESIGNEE on CITY's behalf and all unissued dog license tags. Upon such remittance following termination, the Meridian City Clerk shall conduct an accounting(s) as set forth in sections E(2) and E(3) of this Agreement, and LICENSING DESIGNEE shall remit to CITY funds in the amount of the discrepancy. LICENSING DESIGNEE shall not thereby be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by LICENSING DESIGNEE. This provision shall survive the termination of this agreement and shall not relieve LICENSING DESIGNEE of its liability to the CITY for damages. DOG LICENSING DESIGNEE AGREEMENT 0 PAGE 5 OF 6 ( Q.. Construction and severability: If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. R Entire agreement: This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral or written, whether previous to the execution hereof or contemporaneous herewith. S. Applicable law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. T. Approval required: This Agreement shall not become effective or binding until approved by CITY. LICENSING DESIGNEE: igna re BY:/ 1r7i CITY OF MERIDIAN: Attest: prof m \ SEAI. DOG LICENSING DESIGNEE AGREEMENT 0 PAGE 6 OF 6 Meridian City Council Meeting DATE: ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Dog Licensing Designee Agreement with Pet Care Clinic Located at 1 151 E. Fairview Ave., Meridian Idaho MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS IDIAN�- a�A�o DOG LICENSING DESIGNEE AGREEMENT * DOG LICENSING DESIGNEE AGREEMENT is made this �— day of 2011, by the and between the City of Meridian, a municipal corporation organized under laws of the State of Idaho, hefginafter efer ed to "CITY 33 East Broadway Avenue, Meridian, Idaho 83642, andpQ�r hereinafter referred to as "LICENSING DESIGNEE," whose business address is -TnY v --,i � D i.1 ) A. Purpose of Agreement: The purpose of this Agreement is to set forth the rights and obligations of CITY and of LICENSING DESIGNEE with reference to LICENSING DESIGNEE's issuance of dog licenses on CITY's behalf. By entering into this agreement, both parties seek to: 1) encourage and facilitate the licensing of all dogs within the City of Meridian; and 2) implement the provisions of Meridian City Code section 6-2-3(H). B. Time of Performance: This agreement shall be effective from January 1, 2012 to December 31, 2012. C. Designation of authority: CITY hereby authorizes and empowers LICENSING DESIGNEE to issue dog licenses on behalf of CITY in accordance with all applicable provisions of Meridian City Code. D. Responsibilities of LICENSING DESIGNEE: 1. Issuance of dog licenses: LICENSING DESIGNEE shall issue dog licenses only after verification of compliance with all provisions of Meridian City Code section 6-2-3, including, but not limited to: a. Verification that any dog to be licensed has a valid rabies vaccination in accordance with Meridian City Code section 6-2-3(D). b. Verification that the owner of any dog to be licensed is eligible for the license fee sought to be paid, i.e., whether dog to be licensed is neutered or spayed; whether dog owner/user is visually or hearing impaired or disabled; whether dog owner is training such dog as seeing eye, hearing ear, or guide dog; and/or whether replacement license tag will indeed replace validly issued, lost tag. c. Collection of appropriate license fee. DOG LICENSING DESIGNEE AGREEMENT • PAGE 1 OF 6 2. Official log: LICENSING DESIGNEE shall keep an official, monthly, written log of all dog licenses issued by LICENSING DESIGNEE on the form provided herewith entitled, "MONTHLY LOG — DOG LICENSES ISSUED BY LICENSING DESIGNEE: . [MONTH & YEAR]" (hereinafter "monthly log"). If such form is lost or rendered unusable for any reason whatsoever, LICENSING DESIGNEE must keep a written record including: the serial numbers of the dog license tags provided by CITY for issuance by LICENSING DESIGNEE and shall also contain the following information as to each dog license issued by LICENSING DESIGNEE: a. date of issuance; b. dog license tag serial number; c. amount of license fee collected; d. amount of administrative fee collected; e. name, address, and telephone number of dog owner; E description of dog to be licensed; g. verification of documentation demonstrating dog owner's compliance with all provisions of Meridian City Code section 6-2-3; and h. verification of eligibility of dog owner to pay license fee sought to be paid. 3. Administrative fee: CITY hereby authorizes LICENSING DESIGNEE to collect and keep an administrative fee of ten percent (10%) of the amount of each dog license fee collected on CITY's behalf. LICENSING DESIGNEE shall keep a record of dog license fees collected and administrative fees retained and shall report same to CITY in its annual report. 4. Monthly submission to City Clerk: At the end of each month during the term of this Agreement, LICENSING DESIGNEE shall submit to the Meridian City Clerk: a. All dog license fees collected by LICENSING DESIGNEE on CITY's behalf; and b. A true and correct copy of the LICENSING DESIGNEE's monthly log, completed in full. Such fees and log shall be submitted to the Meridian City Clerk no later than the fifteenth (15th) day of the month following the month for which the fees were collected and the monthly log completed. DOG LICENSING DESIGNEE AGREEMENT 0 PAGE 2 OF 6 5. Annual submission to City Clerk: No later than January 15, 2012, LICENSING DESIGNEE shall submit to the Meridian City Clerk: a. All dog license tags provided by CITY to LICENSING DESIGNEE but unissued by LICENSING DESIGNEE; and b. An annual report, by completing in full the form provided herewith entitled, "ANNUAL REPORT — DOG LICENSES ISSUED BY LICENSING DESIGNEE." 6. Remission of discrepancy: If, following the Meridian City Clerk's monthly and/or annual review and accounting of LICENSING DESIGNEE's issuance of dog licenses as set forth in sections E(2) and E(3) of this Agreement, the Meridian City Clerk notifies LICENSING DESIGNEE of a discrepancy in fees collected and data reported by LICENSING DESIGNEE in the log or quantity of unissued tags, LICENSING DESIGNEE shall remit to CITY funds in the amount of such discrepancy. LICENSING DESIGNEE's obligation to remit to CITY funds in an amount corresponding to the number and type of dog licenses issued and the number of unissued dog license tags returned to CITY shall not be excused for any reason, regardless of LICENSING DESIGNEE's assertion of loss, theft, misplacement, mistake, or mismanagement of fees, tags, and/or data. E. Responsibilities of CITY: 1. Provision of dog license tags: CITY shall provide to LICENSING DESIG/('N�E�E JIC S 1 "_ uantity dog license tags with the following serial numbers: I , which dog license tags are to be issued by LICENSING ESIGNEE only upon LICENSING DESIGNEE's verification of compliance with all provisions of Meridian City Code section 6-2-3. 2. Monthly accounting: Upon,LICENSING DESIGNEE's monthly remittance to the Meridian City Clerk of all dog license fees collected by LICENSING DESIGNEE on behalf of CITY and the official monthly log kept by LICENSING DESIGNEE, the Meridian City Clerk shall conduct an accounting to determine that the fees remitted correspond to the number and type of dog license tags issued by the designee according to the designee's log. In the event of a discrepancy between the log, fees remitted, and/or unissued tags, the Meridian City Clerk shall notify LICENSING DESIGNEE in writing and LICENSING DESIGNEE shall remit to CITY funds in the amount of the discrepancy. 3. Annual accounting: Upon LICENSING DESIGNEE's remittance to the Meridian City Clerk of all dog license fees collected by LICENSING DESIGNEE, all official monthly DOG LICENSING DESIGNEE AGREEMENT 0 PAGE 3 OF 6 logs kept by LICENSING DESIGNEE, unissued dog license tags, and LICENSING DESIGNEE's annual report, the Meridian City Clerk shall conduct an accounting to determine that the fees remitted correspond to the number and type of dog license tags issued by the designee according to the designee's logs. In the event of a discrepancy between the logs, fees remitted, and/or unissued tags, the Meridian City Clerk shall notify LICENSING DESIGNEE in writing and LICENSING DESIGNEE shall remit to CITY funds in the amount of the discrepancy. F. Vicious dog licenses: This Agreement shall not authorize LICENSING DESIGNEE to issue vicious dog licenses on behalf of CITY. G. Independent Contractor: In all matters pertaining to this agreement, LICENSING DESIGNEE shall be acting as an independent contractor, and neither LICENSING DESIGNEE nor any officer, employee or agent of LICENSING DESIGNEE will be deemed an employee of CITY. The selection and designation of the personnel of CITY in the performance of this agreement shall be made by CITY. H. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed to CITY as follows: City Clerk, City of Meridian, 33 E. Broadway Avenue, Meridian, Idaho 83642, or to Either party may change its address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. L Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorneys' fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. J. Assignment: It is expressly agreed and understood by the parties hereto, that LICENSING DESIGNEE shall not have the right to assign, transfer, hypothecate, subcontract, or sell any of its rights or responsibilities under this Agreement except upon the prior express written consent of CITY. K. Discrimination Prohibited: In performing the Services set forth herein, LICENSING DESIGNEE shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. DOG LICENSING DESIGNEE AGREEMENT 0 PAGE 4 OF 6 L. Reports and Information: At such times and in such forms as the CITY may require, there shall be furnished to the CITY such statements, records, reports, data and information as the CITY may request pertaining to matters covered by this Agreement. M. Audits and Inspections: At any time during business hours and as often as the CITY may deem necessary, there shall be made available to the CITY for examination all of LICENSING DESIGNEE'S records with respect to all matters covered by this Agreement. N. Compliance with Laws: In performing the scope of services required hereunder, LICENSING DESIGNEE shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. O. Changes: Proposed changes to any portion of this Agreement shall be submitted in writing. The party to whom the change is proposed shall have thirty (30) days to accept or reject the proposed change. Changes which are mutually agreed upon by and between the CITY and LICENSING DESIGNEE shall be incorporated into this Agreement by written amendment signed by both parties. P. Termination: 1. Written notice: If, through any cause, LICENSING DESIGNEE, its officers, employees, or agents fails to fulfill in a timely and proper manner its Obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if the Meridian City Council determines that termination of this Agreement is in the best interest of CITY, the CITY shall thereupon have the right to terminate this Agreement by giving LICENSING DESIGNEE at least fifteen (15) calendar days written notice. LICENSING DESIGNEE may terminate this agreement at any time by giving at least fifteen (15) calendar days written notice to CITY. 2. Remittance to CITY: In the event of any termination of this Agreement, all finished or documents, data, and reports prepared by LICENSING DESIGNEE pursuant to Meridian City Code and/or under this Agreement, completed or incomplete, shall, at the option of the CITY, become its property, and LICENSING DESIGNEE shall remit to CITY all licensing fees collected by LICENSING DESIGNEE on CITY's behalf and all unissued dog license tags. Upon such remittance following termination, the Meridian City Clerk shall conduct an accounting(s) as set forth in sections E(2) and E(3) of this Agreement, and LICENSING DESIGNEE shall remit to CITY funds in the amount of the discrepancy. LICENSING DESIGNEE shall not thereby be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by LICENSING DESIGNEE. This provision shall survive the termination of this agreement and shall not relieve LICENSING DESIGNEE of its liability to the CITY for damages. DOG LICENSING DESIGNEE AGREEMENT • PAGE 5 OF 6 Q. Construction and severability: If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. R. Entire agreement: This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral or written, whether previous to the execution hereof or contemporaneous herewith. S. Applicable law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. T. Approval required: This Agreement shall not become effective or binding until approved by CITY. LICENSING DESIGNEE: Signature BY:i[ Fnnat Name CITY OF MERIDIAN: BY: TAMMY&IEERD, MAYOR �o Attest: A a`� city of SEAL DOG LICENSING DESIGNEE AGREEMENT • PAGE 6 OF 6 Meridian City Council Meeting DATE: ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Dog Licensing Designee Agreement with the Idaho Humane Society Located at 4775 Doberman St., Boise Idaho MEETING NOTES 4?e Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CiWE IDIAN. ®A�t� DOG LICENSING DESIGNEE AGREEMENT i) This DOG LICENSING DESIGNEE AGREEMENT is made this day of 011, by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, herein, titer referrV4 to as "CITY 33 East Broadway Avenue, Meridian, Idaho 83642, and PVU�Li as "LICENSING DESIGNEE," whose business address is to�� A. Purpose of Agreement: The purpose of this Agreement is to set forth the rights and obligations of CITY and of LICENSING DESIGNEE with reference to LICENSING DESIGNEE's issuance of dog licenses on CITY's behalf. By entering into this agreement, both parties seek to: 1) encourage and facilitate the licensing of all dogs within the City of Meridian; and 2) implement the provisions of Meridian City Code section 6-2-3(M. B. Time of Performance: This agreement shall be effective from January 1, 2012 to December 31, 2012. C. Designation of authority: CITY hereby authorizes and empowers LICENSING DESIGNEE to issue dog licenses on behalf of CITY in accordance with all applicable provisions of Meridian City Code. D. Responsibilities of LICENSING DESIGNEE: 1. Issuance of dog licenses: LICENSING DESIGNEE shall issue dog licenses only after verification of compliance with all provisions of Meridian City Code section 6-2-3, including, but not limited to: a. Verification that any dog to be licensed has a valid rabies vaccination in accordance with Meridian City Code section 6-2-3(D). b. Verification that the owner of any dog to be licensed is eligible for the license fee sought to be paid, i.e., whether dog to be licensed is neutered or spayed; whether dog owner/user is visually or hearing impaired or disabled; whether dog owner is training such dog as seeing eye, hearing ear, or guide dog; and/or whether replacement license tag will indeed replace validly issued, lost tag. c. Collection of appropriate license fee. DOG LICENSING DESIGNEE AGREEMENT 0 PAGE 1 OF 6 2. Official log:. LICENSING DESIGNEE shall keep an official, monthly,written log of all dog licenses issued by LICENSING DESIGNEE on the form provided herewith entitled, "MONTHLY LOG — DOG LICENSES ISSUED BY LICENSING DESIGNEE: [MONTH & YEAR]" (hereinafter "monthly log'). If such form is lost or rendered unusable for any reason whatsoever, LICENSING DESIGNEE must keep a written record including: the serial numbers of the dog license tags provided by CITY for issuance by LICENSING DESIGNEE and shall also contain the following information as to each dog license issued by LICENSING DESIGNEE: a. date of issuance; b. dog license tag serial number; c. amount of license fee collected; d. amount of administrative fee collected; e. name, address, and telephone number of dog owner; f. description of dog to be licensed; g. verification of documentation demonstrating dog owner's compliance with all provisions of Meridian City Code section 6-2-3; and h. verification of eligibility of dog owner to pay license fee sought to be paid. 3. Administrative fee: CITY hereby authorizes LICENSING DESIGNEE to collect and keep an administrative fee of ten percent (10%) of the amount of each dog license fee collected on CITY's behalf. LICENSING DESIGNEE shall keep a record of dog license fees collected and administrative fees retained and shall report same to CITY in its annual report. 4. Monthly submission to City Clerk: At the end of each month during the term of this Agreement, LICENSING DESIGNEE shall submit to the Meridian City Clerk: a. All dog license fees collected by LICENSING DESIGNEE on CITY's behalf; and b. A true and correct copy of the LICENSING DESIGNEE's monthly log, completed in full. Such fees and log shall be submitted to the Meridian City Clerk no later than the fifteenth (15th) day of the month following the month for which the fees were collected and the monthly log completed. DOG LICENSING DESIGNEE AGREEMENT • PAGE 2 OF 6 5. Annual submission to City Clerk: No later than January 15, 2012, LICENSING DESIGNEE shall submit to the Meridian City Clerk: a. All dog license tags provided by CITY to LICENSING DESIGNEE but unissued by LICENSING DESIGNEE; and b. An annual report, by completing in full the form provided herewith entitled, "ANNUAL REPORT — DOG LICENSES ISSUED BY LICENSING DESIGNEE." 6. Remission of discrepancy: If, following the Meridian City Clerk's monthly and/or annual review and accounting of LICENSING DESIGNEE's issuance of dog licenses as set forth in sections E(2) and E(3) of this Agreement, the Meridian City Clerk notifies LICENSING DESIGNEE of a discrepancy in fees collected and data reported by LICENSING DESIGNEE in the log or quantity of unissued tags, LICENSING DESIGNEE shall remit to CITY funds in the amount of such discrepancy. LICENSING DESIGNEE's obligation to remit to CITY funds in an amount corresponding to the number and type of dog licenses issued and the number of unissued dog license tags returned to CITY shall not be excused for any reason, regardless of LICENSING DESIGNEE's assertion of loss, theft, misplacement, mistake, or mismanagement of fees, tags, and/or data. E. Responsibilities of CITY: C 1. Provision of dog license tags: CITY shall provide to LICENSING DESIGNEE��J u dog license tags with the following serial numbers: which dog license tags are to be issued by LICENS G DESIGNEE only upon LICENSING DESIGNEE's verification of compliance with all provisions of Meridian City Code section 6-2-3. 2. Monthly accounting: Upon.LICENSING DESIGNEE's monthly remittance to the Meridian City Clerk of all dog license fees collected by LICENSING DESIGNEE on behalf of CITY and the official monthly log kept by LICENSING DESIGNEE, the Meridian City Clerk shall conduct an accounting to determine that the fees remitted correspond to the number and type of dog license tags issued by the designee according to the designee's log. In the event of a discrepancy between the log, fees remitted, and/or unissued tags, the Meridian City Clerk shall notify LICENSING DESIGNEE in writing and LICENSING DESIGNEE shall remit -to CITY funds in the amount of the discrepancy. 3. Annual accounting: Upon LICENSING DESIGNEE's remittance to the Meridian City Clerk of all dog license fees collected by LICENSING DESIGNEE, all official monthly DOG LICENSING DESIGNEE AGREEMENT • PAGE 3 OF 6 logs kept by LICENSING DESIGNEE, unissued dog license tags, and LICENSING DESIGNEE's annual report, the Meridian City Clerk shall conduct an accounting to determine that the fees remitted correspond to the number and type of dog license tags issued by the designee according to the designee's logs. In the event of a discrepancy between the logs, fees remitted, and/or unissued tags, the Meridian City Clerk shall notify LICENSING DESIGNEE in writing and LICENSING DESIGNEE shall remit to CITY funds in the amount of the discrepancy. F. Vicious dog licenses: This Agreement shall not authorize LICENSING DESIGNEE to issue vicious dog licenses on behalf of CITY. G. Independent Contractor: In all matters pertaining to this agreement, LICENSING DESIGNEE shall be acting as an independent contractor, and neither LICENSING DESIGNEE nor any officer, employee or agent of LICENSING DESIGNEE will be deemed an employee of CITY. The selection and designation of the personnel of CITY in the performance of this agreement shall be made by CITY. H. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed to CITY as follows: City Clerk, City of Meridian, 33 E. Broadway Avenue, Meridian, Idaho 83642, or to LIC NSING D SIGNEE as f 11 A c� 1 1 Yl 112 ,T�()- 10 4��. 1h1 SLS •�1 Licensing Designee NOW and hadress Either party may change its address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. I. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorneys' fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. J. Assignment: It is expressly agreed and understood by the parties hereto, that LICENSING DESIGNEE shall not have the right to assign, transfer, hypothecate, subcontract, or sell any of its rights or responsibilities under this Agreement except upon the prior express written consent of CITY. K. Discrimination Prohibited: In performing the Services set forth herein, LICENSING DESIGNEE shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. DOG LICENSING DESIGNEE AGREEMENT 0 PAGE 4 OF 6 L. Reports and Information: At such times and in such forms as the CITY may require, there shall be furnished to the CITY such statements, records, reports, data and information as the CITY may request pertaining to matters covered by this Agreement. M. Audits and Inspections: At any time during business hours and as often as the CITY may deem necessary, there shall be made available to the CITY for examination all of LICENSING DESIGNEE'S records with respect to all matters covered by this Agreement. N. Compliance with Laws: In performing the scope of services required hereunder, LICENSING DESIGNEE shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. O. Changes: Proposed changes to any portion of this Agreement shall be submitted in writing. The party to whom the change is proposed shall have thirty (30) days to accept or reject the proposed change. Changes which are mutually agreed upon by and between the CITY and LICENSING DESIGNEE shall be incorporated into this Agreement by written amendment signed by both parties. P. Termination: 1. Written notice: If, through any cause, LICENSING DESIGNEE, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if the Meridian City Council deternines that termination of this Agreement is in the best interest of CITY, the CITY shall thereupon have the right to terminate this Agreement by giving LICENSING DESIGNEE at least fifteen (15) calendar days written notice. LICENSING DESIGNEE may terminate this agreement at any time by giving at least fifteen (15) calendar days written notice to CITY. 2. Remittance to CITY: In the event of any termination of this Agreement, all finished or documents, data, and reports prepared by LICENSING DESIGNEE pursuant to Meridian City Code and/or under this Agreement, completed or incomplete, shall, at the option of the CITY, become its property, and LICENSING DESIGNEE shall remit to CITY all licensing fees collected by LICENSING DESIGNEE on CITY's behalf and all unissued dog license tags. Upon such remittance following termination, the Meridian City Clerk shall conduct an accounting(s) as set forth in sections E(2) and E(3) of this Agreement, and LICENSING DESIGNEE shall remit to CITY funds in the -amount of the - - - discrepancy. LICENSING DESIGNEE shall not thereby be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by LICENSING DESIGNEE. This provision shall survive the termination of this agreement and shall not relieve LICENSING DESIGNEE of its liability to the CITY for damages. DOG LICENSING DESIGNEE AGREEMENT z PAGE 5 OF 6 Q.. Construction and severability: If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. R. Entire agreement: This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral or written, whether previous to the execution hereof or contemporaneous herewith. S. Applicable law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. T. Approval required: This Agreement shall not become effective or binding until approved by CITY. LICENSING DESIGNEE: CITY OF MERIDIAN: BY: TAMMY de ERD, MAYOR DOG LICENSING DESIGNEE AGREEMENT 0 PAGE 6 OF 6 1, ,a. 1`1151#1 moolual CITY OF MERIDIAN: BY: TAMMY de ERD, MAYOR DOG LICENSING DESIGNEE AGREEMENT 0 PAGE 6 OF 6 Meridian City Council Meeting DATE: ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Dog Licensing Agreement with Intermountain Pet Hospital Located at 800 W. Overland Rd., Meridian Idaho MEETING NOTES &Of� Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS DOG LICENSING LICENSING DESIGNEE AGREEMENT This DOG LICENSING DESIGNEE AGREEMENT is made this 21— day of b, 2011, by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "CITY;" 33 East Broadway Avenue, Meridian, Idaho 83642, and �G�ww„r,�c ,ri `ie+ k lgsp'1 , hereinafter r ferred to as "LICENSING DESIGNEE," whose business address is �<b tj _ U Ua ✓lan(j 1W PUAa C -n L bra A. Purpose of Agreement: The purpose of this Agreement is to set forth the rights and obligations of CITY and of LICENSING DESIGNEE with reference to LICENSING DESIGNEE's issuance of dog licenses on CITY's behalf. By entering into this agreement, both parties seek to: 1) encourage and facilitate the licensing of all dogs within the City of Meridian; and 2) implement the provisions of Meridian City Code section 6-2-3(IT). B. Time of Performance: This agreement shall be effective from January 1, 2012 to December 31, 2012. C. Designation of authority: CITY hereby authorizes and empowers LICENSING DESIGNEE to issue dog licenses on behalf of CITY in accordance with all applicable provisions of Meridian City Code. D. Responsibilities of LICENSING 1. Issuance of dog licenses: LICENSING DESIGNEE shall issue dog licenses only after verification of compliance with all provisions of Meridian City Code section 6-2-3, including, but not limited to: a. Verification that any dog to be licensed has a valid rabies vaccination in accordance with Meridian City Code section 6-2-3(D). b. Verification that the owner of any dog to be licensed is eligible for the license fee sought to be paid, i. e., whether dog to be licensed is neutered or spayed; whether dog owner/user is visually or hearing impaired or disabled; whether dog owner is training such dog as seeing eye, hearing ear, or guide dog; and/or whether replacement license tag will indeed replace validly issued, lost tag. c. Collection of appropriate license fee. DOG LICENSING DESIGNEE AGREEMENT R PAGE t OF 6 2. Official log: LICENSING DESIGNEE shall keep an official, monthly, written log of all ( dog licenses issued by LICENSING DESIGNEE on the form provided herewith entitled, "MONTHLY LOG — DOG LICENSES ISSUED BY LICENSING DESIGNEE: [MONTH & YEAR]" (hereinafter "monthly log"). If such form is lost or rendered unusable for any reason whatsoever, LICENSING DESIGNEE must keep a written record including: the serial numbers of the dog license tags provided by CITY for issuance by LICENSING DESIGNEE and shall also contain the following information as to each dog license issued by LICENSING DESIGNEE: a. date of issuance; b. dog license tag serial number; c. amount of license fee collected; d. amount of administrative fee collected; e. name, address, and telephone number of dog owner; f. description of dog to be licensed; g. verification of documentation demonstrating dog owner's compliance with all provisions of Meridian City Code section 6-2-3; and h. verification of eligibility of dog owner to pay license fee sought to be paid. 3. Administrative fee: CITY hereby authorizes LICENSING DESIGNEE to collect and keep an administrative fee of ten percent (10%) of the amount of each dog license fee collected on CITY's behalf. LICENSING DESIGNEE shall keep a record of dog license fees collected and administrative fees retained and shall report same to CITY in its annual report. 4. Monthly submission to City Clerk: At the end of each month during the term of this Agreement, LICENSING DESIGNEE shall submit to the Meridian City Clerk: a. All dog license fees collected by LICENSING DESIGNEE on CITY's behalf; and b. A true and correct copy of the LICENSING DESIGNEE's monthly log, completed in full. Such fees and log shall be submitted to the Meridian City Clerk no later than the fifteenth (15th) day of the month following the month for which the fees were collected and the monthly log completed. DOG LICENSING DESIGNEE AGREEMENT • PAGE 2 OF 6 5. Annual submission to City Clerk: No later than January 15, 2012, LICENSING DESIGNEE shall submit to the Meridian City Clerk: a. All dog license tags provided by CITY to LICENSING DESIGNEE but unissued by LICENSING DESIGNEE; and b. An annual report, by completing in full the form provided herewith entitled, "ANNUAL REPORT - DOG LICENSES ISSUED BY LICENSING DESIGNEE." 6. Remission of discrepancy: If, following the Meridian City Clerk's monthly and/or annual review and accounting of LICENSING DESIGNEE's issuance of dog licenses as set forth in sections E(2) and E(3) of this Agreement, the Meridian City Clerk notifies LICENSING DESIGNEE of a discrepancy in fees collected and data reported by LICENSING DESIGNEE in the log or quantity of unissued tags, LICENSING DESIGNEE shall remit to CITY funds in the amount of such discrepancy. LICENSING DESIGNEE's obligation to remit to CITY funds in an amount corresponding to the number and type of dog licenses issued and the number of unissued dog license tags returned to CITY shall not be excused for any reason, regardless of LICENSING DESIGNEE's assertion of loss, theft, misplacement, mistake, or mismanagement of fees, tags, and/or data. E. Responsibilities of CITY: 1. Provision of dog license tags: CITY shall provide to LICENSING DESIGNEE Tap Quantity dog license tags with the following serial numbers: T6 0 which dog license tags are to be issued by LICENSINtj DESIGNEE only upon LICENSING DESIGNEE's verification of compliance with all provisions of Meridian City Code section 6-2-3. 2. Monthly accounting: Upon. LICENSING DESIGNEE's monthly remittance to the Meridian City Clerk of all dog license fees collected by LICENSING DESIGNEE on behalf of CITY and the official monthly log kept by LICENSING DESIGNEE, the Meridian City Clerk shall conduct an accounting to determine that the fees remitted correspond to the number and type of dog license tags issued by the designee according to the designee's log. In the event of a discrepancy between the log, fees remitted, and/or unissued tags, the Meridian City Clerk shall notify LICENSING DESIGNEE in writing and LICENSING DESIGNEE shall remit to CITY funds in the amount of the discrepancy. 3. Annual accounting: Upon LICENSING DESIGNEE's remittance to the Meridian City Clerk of all dog license fees collected by LICENSING DESIGNEE, all official monthly DOG LICENSING DESIGNEE AGREEMENT • PAGE 3 OF 6 logs kept by LICENSING DESIGNEE, unissued dog license tags, and LICENSING DESIGNEE's annual report, the Meridian City Clerk shall conduct an accounting to determine that the fees remitted correspond to the number and type of dog license tags issued by the designee according to the designee's logs. In the event of a discrepancy between the logs, fees remitted, and/or unissued tags, the Meridian City Clerk shall notify LICENSING DESIGNEE in writing and LICENSING DESIGNEE shall remit to CITY funds in the amount of the discrepancy. F. Vicious dog licenses: This Agreement shall not authorize LICENSING DESIGNEE to issue vicious dog licenses on behalf of CITY. G. Independent Contractor: In all matters pertaining to this agreement, LICENSING DESIGNEE shall be acting as an independent contractor, and neither LICENSING DESIGNEE nor any officer, employee or agent of LICENSING DESIGNEE will be deemed an employee of CITY. The selection and designation of the personnel of CITY in the performance of this agreement shall be made by CITY. H. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed to CITY as follows: City Clerk, City of Meridian, 33 E. Broadway Avenue, Meridian, Idaho 83642, or to LICENSING DESIGNEE as follows: Licensing Desipiee ame and A ress Either party may change its address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. I. . Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorneys' fees as determined. by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. J. Assignment: It is expressly agreed and understood by the parties hereto, that LICENSING DESIGNEE shall not have the right to assign, transfer, hypothecate, subcontract, or sell any of its rights or responsibilities under this Agreement except upon the prior express written consent of CITY. K. Discrimination Prohibited: In performing the Services set forth herein, LICENSING DESIGNEE shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. DOG LICENSING DESIGNEE AGREEMENT • PAGE 4 OF 6 L. Reports and Information: At such times and in such forms as the CITY may require, there shall be furnished to the CITY such statements, records, reports, data and information as the CITY may request pertaining to matters covered by this Agreement. M. Audits and Inspections: At any time during business hours and as often as the CITY may deem necessary, there shall be made available to the CITY for examination all of LICENSING DESIGNEE'S records with respect to all matters covered by this Agreement. N. Compliance with Laws: In performing the scope of services required hereunder, LICENSING DESIGNEE shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. O. Changes: Proposed changes to any portion of this Agreement shall be submitted in writing. The party to whom the change is proposed shall have thirty (30) days to accept or reject the proposed change. Changes which are mutually agreed upon by and between the CITY and LICENSING DESIGNEE shall be incorporated into this Agreement by written amendment signed by both parties. P. Termination: 1. Written notice: If, through any cause, LICENSING DESIGNEE, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement,. falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if the Meridian City Council determines that termination of this Agreement is in the best interest of CITY, the CITY shall thereupon have the right to terminate this Agreement by giving LICENSING DESIGNEE at least fifteen (15) calendar days written notice. LICENSING DESIGNEE may terminate this agreement at any time by giving at least fifteen (15) calendar days written notice to CITY. 2. Remittance to CITY: In the event of any termination of this Agreement, all finished or documents, data, and reports prepared by LICENSING DESIGNEE pursuant to Meridian City Code and/or under this Agreement, completed or incomplete, shall, at the option of the CITY, become its property, and LICENSING DESIGNEE shall remit to CITY all licensing fees collected by LICENSING DESIGNEE on CITY's behalf and all unissued dog license tags. Upon such remittance following termination, the Meridian City Clerk shall conduct an accounting(s) as set forth in sections E(2) and E(3) of this Agreement, and LICENSING DESIGNEE shall remit to CITY funds in the amount of the discrepancy. LICENSING DESIGNEE shall not thereby be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by LICENSING DESIGNEE. This provision shall survive the termination of this agreement and shall not relieve LICENSING DESIGNEE of its liability to the CITY for damages. DOG LICENSING DESIGNEE AGREEMENT • PAGE 5 OF 6 Q. Construction and severability: If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. R. Entire agreement: This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral or written, whether previous to the execution hereof or contemporaneous herewith. S. Applicable law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. T. Approval required: This Agreement shall not become effective or binding until approved by CITY. LICENSING DESIGNEE: r ' Signature pp BY: K,-ibtr/c.t Nl�t.�Va not Name 1 CITY OF MERIDIAN: BY: TAMMY.*1't MAYOR Gty of m� L el SEAT. Til DOG LICENSING DESIGNEE AGREEMENT ■ PAGE 6 OF 6 Meridian City Council Meeting DATE: ITEM NUMBER: ITEM TITLE: Items Moved From Consent PROJECT NUMBER: MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Ordinance No. LZ — 150.3 : An Ordinance of the City of Meridian Amending Title 1, Chapter 8 of the Meridian City Code, Relating to the Titles, Duties and Responsibilities of Director Positions MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN ORDINANCE NO. %a' I's -03 BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA AN ORDINANCE OF THE CITY OF MERIDIAN, AMENDING TITLE 1, CHAPTER 8 OF THE MERIDIAN CITY CODE, RELATING TO THE TITLES, DUTIES, AND RESPONSIBILITIES OF DIRECTOR POSITIONS; WHEREAS the City of Meridian appoints Department Directors as prescribed by Meridian City Code; WHEREAS the position of Planning Director has now changed to Community Development Director; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO: SECTION 1. That Title 1, Chapter 8, Section 1 of the Meridian City Code is amended to read as follows: 1-8-1: APPOINTMENTS BY MAYOR: A. Specific Appointments: The mayor, with the consent of the city council, shall appoint all department directors of the city of Meridian including city attorney, public works director, chief of police, fire chief, community development plaiiagdirector, parks and recreation director, and chief financial officer. The mayor with the consent of the city council may add or chanee other appointed positions as necessary to effectively operate the city. Additionally, pursuant to the Idaho Code the mayor with the consent of the city council shall appoint a city treasurer, and city clerk. SECTION 2. That, pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon approval. PASSED by the 2012. APPROVED by 012. 61 ATTEST: City Council of the City of Meridian, Idaho, this Iy "' day of the Mayor of the City of Meridian, Idaho, this %41 qday of City of aycee Holman, City Clerk rU7 SEAL COMMUNITY DEVELOPMENT D APPROVED: Weerd ORDINANCE— Page 1 of 1 Meridian City Council Meeting DATE: ITEM NUMBER: 6B PROJECT NUMBER: ITEM TITLE: Mayor's Office: Appointment of the Community Development Director MEETING NOTES �;Yu,u Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Private Security License Denial Appeal by Dennis Hogan MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS l r L1' • I;, a L RECEIVED JAN 2 5 2012 r CITY OFC4f N:' u0. 1✓1t1iw �� I? 3co Q (P CITY CLERKS OFFICE 0 Meridian City Council Meeting DATE: ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Meridian Parks & Recreation Commission: Presentation Regarding 2011 Accomplishments & 2012 All -Commission Goals MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS January 17, 2012 The Honorable Tammy de Weerd, Mayor 33 East Broadway Avenue, Suite 300 Meridian, ID 83642 Dear Madam Mayor. Each calendar year, the Meridian Parks & Recreation Commission sets goals and priorities to strive to accomplish. I am pleased to report that in 2011: • The Parks Amenities & Signage Committee has been focusing their efforts on several goals. Most notably, they have just completed an indepth assessment of each of Meridian's active and passive park amenities and features. This Information will be used to help determine and recommend the need for new amenities and any other park modifications or Improvements. A second task the Committee has been engaged with is developing,a design for Individual dedication plaques for each of our parks. The vision is to create a prototype plaque that would be tailored for each specific park. Generally, the plaque would Indicate the park name, a dedication date, a brief dedication statement, a listing of key individuals and organizations that played a major role in the park's development along with those city officials who were sealed at the time of the park dedication. This prototype has been accomplished and we are moving forward with the individual park plaques, We plan to bring this before the City Council early this year. A third task has been the development of a new standard for citywide signage regarding our parks and pathways. The creation of the new pathway signage for the Diane and Winston Moore Pathway was accomplished by a review process of several styles of signs from a local sign maker. Pathway directional signs will include the name of the pathway, along with the City's logo and a list of recognizable international symbols indicating activities deemed appropriate for the pathway. • The Community Liaison Committee saw the Dog Park Task Force (DPTF) start their quest to raise money to begin the development of the future dog park at the Borup Property. The DPTF attended many events seeking donations and raised over $2,700 from the 1e Annual Bark Park Scramble. In addition, the Committee started the process of reaching out to the citizens of Meridian, better informing them in regard to Meridian's parks and pathways through an updated MPR Department brochure and improving Its online information. • The Recreation & Special Events Committee took the lead to plan and coordinate one fundraising activity for last year—the 191 Annual Bark Park Scramble -which was held last May at Lakeview Golf Club. This golf tournament was well attended. We look forward to this year's second annual event. In December 2011, the Commission brainstormed and idengfied its 2012 All -Commission Goals as follows: 1, Pathways plan implementation — Coordinate Safe Routes to Schools, AND Community Programs, eastlwestbicycle connections, and rail corridor. 2. Work with the Kleiner Park Trust to develop the memorial park to get it built and open to the public, keeping the Commission updated on activities: 3. Create a partnership proposal process, application, and policy. 4. Start the production of a Meridian Parks &Recreation Department community video. 5. Refine and implement the Borup property concept plan. Continue to work with the Dog Park Task Force to create benchmarks; investigate any potential expansion opportunities; and investigate the feasibility of a softball complex or rodeo facility. 6. c Improve communication among Commission members through combined workshops and other events; i.e., parry, barbecue, all - committee workshop, DPTF workshop, etc. engaging in this type of setting; cross-commillee participation. 7. Engage other taskforces, commissions, and agencies through workshops and other outreach. 8. Hold an annual team -building event, such as a softball game, bowling, ropes course, etc. 9. Implement the park dedication signs at all parks. 10. Improve external communication with the public by streaming and archiving Commission meetings on the Internet updating publications, and using Facebook more effectively. Sincerely, / L Philli"Presiden , Meridian Parks & Recreation Commission Irm DATE: ITEM TITLE: Meridian City Council Meeting ITEM NUMBER: PROJECT NUMBER: Finance Department: Audit Report by Kevin Smith with Eide Bailly MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Ed` eBailly.� CPAs &BUSINESS ADVISORS February 08, 2012 To the Mayor and Members of the City Council City of Meridian, Idaho Meridian, Idaho We have audited the financial statements of the governmental activities, the business -type activities, the discretely presented component unit, and the major fund of the City of Meridian, Idaho (the City) for the year ended September 30, 2011. Professional standards require that we provide you with information about our responsibilities under generally accepted auditing standards and GovernmentAuditing Standards and OMB Circular A-133, as well as certain information related to the planned scope and timing of our audit. We have communicated such information in our letter to you dated October 27, 2011. Professional standards also require that we communicate to you the following information related to our audit. Sienificant Audit Findines Qualitative Aspects of Accounting Practices Management is responsible for the selection and use of appropriate accounting policies. The significant accounting policies used by the City are described in Note 1 to the financial statements. During the year, Governmental Accounting Statement No. 54, Fund Balance Reporting and Governmental Fund Type Definitions was implemented. The objective of this statement is to enhance the usefulness of fund balance information by providing clearer fund balance classification that can be more consistently applied and by clarifying the existing governmental fund type definitions. No other accounting policies were adopted and the application of existing policies was not changed during 2011. We noted no transactions entered into by the governmental unit during the year for which there is a lack of authoritative guidance or consensus. All significant transactions have been recognized in the financial statements in the proper period. Accounting estimates are an integral part of the financial statements prepared by management and are based on management's knowledge and experience about past and current events and assumptions about future events. Certain accounting estimates are particularly sensitive because of their significance to the financial statements and because of the possibility that future events affecting them may differ significantly from those expected. The financial statement disclosures are neutral, consistent, and clear Difficulties Encountered in Performing the Audit We encountered no significant difficulties in dealing with management in performing and completing our audit. www.eideboilly.com 877 W. Main 51., Sle. 800 1 Boise, ID 83702-5858 1 T 208.344.7150 1 F 208.344.7435 1 EOE Corrected and Uncorrected Misstatements Professional standards require us to accumulate all known and likely misstatements identified during the audit, other than those that are trivial, and communicate them to the appropriate level of management. The attached schedule summarizes uncorrected misstatements of the financial statements. Management has determined that their effects are immaterial, both individually and in the aggregate, to the financial statements taken as a whole. In addition, none of the misstatements detected as a result of audit procedures and corrected by management were material, either individually or in the aggregate, to each opinion unit's financial statements taken as a whole. Disagreements with Management For purposes of this letter, professional standards define a disagreement with management as a financial accounting, reporting, or auditing matter, whether or not resolved to our satisfaction, that could be significant to the financial statements or the auditor's report. We are pleased to report that no such disagreements arose during the course of our audit. Management Representations We have requested certain representations from management that are included in the management representation letter dated February 08, 2012. Management Consultations with Other Independent Accountants In some cases, management may decide to consult with other accountants about auditing and accounting matters, similar to obtaining a "second opinion" on certain situations. If a consultation involves application of an accounting principle to the governmental unit's financial statements or a determination of the type of auditor's opinion that may be expressed on those statements, our professional standards require the consulting accountant to check with us to determine that the consultant has all the relevant facts. To our knowledge, there were no such consultations with other accountants. Other Audit Findings or Issues We generally discuss a variety of matters, including the application of accounting principles and auditing standards, with management each year prior to retention as the governmental unit's auditors. However, these discussions occurred in the normal course of our professional relationship and our responses were not a condition to our retention. Other Information in Documents Containing Audited Financial Statements With respect to the supplementary information accompanying the financial statements, we made certain inquiries of management and evaluated the form, content, and methods of preparing the information to determine that the information complies with accounting principles generally accepted in the United States of America, the method of preparing it has not changed from the prior period, and the information is appropriate and complete in relation to our audit of the financial statements. We compared and reconciled the supplementary information to the underlying accounting records used to prepare the financial statements or to the financial statements themselves. This information is intended solely for the use of the Mayor and the members of City Council and management of the City of Meridian, Idaho and is not intended to be and should not be used by anyone other than these specified parties. Very truly yours, Boise, Idah Government Wide Effect Debit (Credit) of misstatements and classification errors on: Net Description Asset Liability Revenue Expense Income Equity Reversed prior year misstatements To capitalize copier leases treated as - operating leases 74,096 74,096 (74,096) Current year misstatements To capitalize copier leases treated as operating leases 43,980 (26,519) (10,776) (10,776) (6,685) Total 43,980 (26,519) 63,320 63,320 (80,781) 63,320 Cumulative Misstatement Errors (17,461) Proprietary Fund Effect Debit (Credit) of misstatements and classification errors on: Net Description Asset Liability Revenue Expense Income Equity Reversed prior year misstatements To capitalize copier leases treated as operating leases (8,391) (8,391) 8,391 Current year misstatements To capitalize copier leases treated as operating leases To adjust donated capital relating to PY that was recognized in the CY. Total 20,504 (18,992) - 282,583 (1,753) (1,753) 241 - 282,583 (282,583) 20,504 (18,992) 282,583 (10,144) 272,439 272,439 Cumulative Misstatement Errors (1,512) 4 Photo provided by Kathy Wanner Financial Statements September 30, 2011 City of Meridian, Idaho City of Meridian, Idaho Table of Contents September 30, 2011 IndependentAuditor's Report.................................................................................................................................... I Management's Discussion and Analysis................................................................................................................ 3 Financial Section Basic Financial Statements Government -wide Financial Statements Statementof Net Assets....................................................................................................................................... 21 Statementof Activities......................................................................................................................................... 22 Fund Financial Statements Balance Sheet — Governmental Funds................................................................................................................. 23 Reconciliation of the Balance Sheet of Governmental Funds to the Statement of Net Assets ............................ 24 Statement of Revenues, Expenditures, and Changes in Fund Balances — Governmental Funds ......................... 25 Reconciliation of the Statement of Revenues, Expenditures, and Changes in Fund Balances of Governmental Funds to the Statement of Activities............................................................................................ 26 Statement of Net Assets — Proprietary Fund........................................................................................................ 27 Statement of Revenues, Expenses, and Changes in Fund Net Assets — Proprietary Fund ................................... 28 Statement of Cash Flows —Proprietary Fund...................................................................................................... 29 Notes to Financial Statements.............................................................................................................................. 31 Required Supplementary Information Schedule of Revenues, Expenditures, and Changes in Fund Balance — Budget and Actual — General Fund..................................................................................................................................................................... 49 Notes to Required Supplementary Information................................................................................................... 51 Other Information Schedule of Revenues, Expenditures and Changes in Fund Balance — Budget and Actual — Capital ImprovementFund............................................................................................................................................... 52 Schedule of Revenues, Expenditures and Changes in Fund Balance — Budget and Actual — Enterprise Fund..................................................................................................................................................................... 53 Report on Internal Control over Financial Reporting and on Compliance and other Matters Based on an Audit of Financial Statements Performed in Accordance with Government Auditing Standards ........................... 54 Independent Auditor's Report on Compliance with Requirements that Could Have a Direct and Material Effect on Each Major Program and on Internal Control over Compliance in Accordance with OMB CircularA-] 33......................................................................................................................................................... 56 Single Audit Section Schedule of Findings and Questioned Costs........................................................................................................ 58 Schedule of Expenditures of Federal Awards...................................................................................................... 59 Notes to Schedule of Expenditures of Federal Awards....................................................................................... 60 Eider Bai11y CPAs & BUSINESS ADVISORS Independent Auditor's Report Mayor and Members of the City Council City of Meridian, Idaho Meridian, Idaho We have audited the accompanying financial statements of the governmental activities, the business -type activities, the discretely presented component unit, and the major fund of City of Meridian, Idaho (the City) as of and for the year ended September 30, 2011, which collectively comprise the City's basic financial statements as listed in the table of contents. These financial statements are the responsibility of the City's management. Our responsibility is to express opinions on these financial statements based on our audit. We conducted our audit in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. An audit also includes assessing the accounting principles used and the significant estimates made by management, as well as evaluating the overall financial statement presentation. We believe that our audit provides a reasonable basis for our opinions. In our opinion, the financial statements referred to above present fairly, in all material respects, the respective financial position of the governmental activities, the business -type activities, the discretely presented component unit, and the major fund of the City as of September 30, 2011, and the respective changes in financial position, and cash flows, where applicable, thereof for the year then ended in conformity with accounting principles generally accepted in the United States of America. As described in Note 1 to the financial statements, the City adopted the provisions of GASB Statement No. 54, Fund Balance Reporting and Governmental Fund Type Definitions, in 2011. In accordance with GovernmentAuditing Standards, we have also issued our report dated February 08, 2012, on our consideration of the City's internal control over financial reporting and on our tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements and other matters. The purpose of that report is to describe the scope of our testing of internal control over financial reporting and compliance and the results of that testing, and not to provide an opinion on internal control over financial reporting or on compliance. That report is an integral part of an audit performed in accordance with Government Auditing Standards and should be considered in assessing the results of our audit. www.eideboilly.com 877 W. Main 51., Sle, 800 1 Boise, ID 03702-5858 1 T 208.344.7150 1 1 208.344.7435 I EOE Accounting principles generally accepted in the United States of America require that the management's discussion and analysis and budgetary comparison information listed in the table of contents be presented to supplement the basic financial statements. Such information, although not a part of the basic financial statements, is required by the Governmental Accounting Standards Board, who considers it to be an essential part of financial reporting for placing the basic financial statements in an appropriate operational, economic, or historical context. We have applied certain limited procedures to the required supplementary information in accordance with auditing standards generally accepted in the United States of America, which consisted of inquiries of management about the methods of preparing the information and comparing the information for consistency with management's responses to our inquiries, the basic financial statements, and other knowledge we obtained during our audit of the basic financial statements. We do not express an opinion or provide any assurance on the information because the limited procedures do not provide us with sufficient evidence to express an opinion or provide any assurance. Our audit was conducted for the purpose of forming opinions on the financial statements that collectively comprise the City's financial statements as a whole. The supplementary information as listed in the table of contents is presented for purposes of additional analysis and is not a required part of the financial statements. The schedule of expenditures of federal awards is presented for purposes of additional analysis as required by U.S. Office of Management and Budget Circular A-133, Audits of States, Local Governments, and Non -Profit Organizations, and is also not a required part of the financial statements. The supplementary information and the schedule of expenditures of federal awards is the responsibility of management and was derived from and relates directly to the underlying accounting and other records used to prepare the financial statements. The information has been subjected to the auditing procedures applied in the audit of the financial statements and certain additional procedures, including comparing and reconciling such information directly to the underlying accounting and other records used to prepare the financial statements or to the financial statements themselves, and other additional procedures in accordance with auditing standards generally accepted in the United States of America. In our opinion, the information is fairly stated in all material respects in relation to the financial statements as a whole. C ./, G 1-° Boise, Idaho February 08, 2012 City of Meridian, Idaho Management's Discussion and Analysis September 30, 2011 This section of the City of Meridian's (City's) annual financial report presents management's discussion and analysis of the City's financial performance during the year ended September 30, 2011. Please use this information in conjunction with the information furnished in the City's financial statements. Financial Highlights • The total assets of the City exceeded its liabilities at September 30, 2011 by $304,673,357. Of this amount $50,781,951 is unrestricted and available to meet the City's on-going obligations to citizens and creditors. • During fiscal year 2011 the City's total net assets increased $3,559,369 as compared to an increase of $17,956,476 during fiscal year 2010. Net assets of the governmental activities decreased $534,686 and net assets of business -type activities increased $4,094,055. • Total fund balance of governmental funds at September 30, 2011 was $27,171,632 compared to a total governmental fund balance at September 30, 2010 of $26,199,963. Of the September 30, 2011 balance, $3,077,450 is restricted for park, police and fire impact fee capital expenditures, $22,297 is restricted for grant expenditures, $119,984 is nonspendable, $1,884,789 is assigned for budget carry forward, $2,569,266 is assigned for capital projects, $2,089,201 is assigned for public safety capital projects, and the remaining $17,408,645 is unassigned. Overview of the Financial Statements This annual report consists of five parts — management discussion and analysis, the government -wide financial statements, fund financial statements, notes to the financial statements, and required supplementary information. Government - Wide Financial Statements These statements report information about all of the operations of the City using accounting methods similar to those used by private sector companies. These statements are prepared using the flow of economic resources measurement focus and accrual basis of accounting. The current year's revenues and expenses are recorded as transactions occur rather than when cash is received or paid. The government -wide financial statements are divided into two categories: Statement of Net Assets — Reports all of the City's assets and liabilities with the difference between the two reported as net assets. Over time, increases or decreases in net assets may serve as a useful indicator of whether the financial position of the City is improving or deteriorating. Statement of Activities — Reports all of the City's revenues and expenses for the year by function. Examples of functions are public safety, administration, and water and sewer activities. Revenues, such as property tax which cannot be traced to a specific function, are reported as General Revenues. City of Meridian, Idaho Management's Discussion and Analysis September 30, 2011 Fund Financial Statements The Fund financial statements provide information about the City's major funds, not the City as a whole. The City uses a method of accounting, called fund accounting, to separate specific sources of funds and corresponding expenditures. Funds may be required by law or may be established by the City Council. The City has the following funds: Governmental Funds: These funds encompass the City's basic services, public safety, community planning and development, administration, and parks and recreation. Governmental fund financial statements focus on short- term inflows and outflows of spendable resources, an accounting approach known as the flow of current financial resources measurement focus and the modified accrual basis of accounting. Information provided by these statements provides a short-term view of what resources will be available to meet needs. The City has two governmental funds: General Fund — The general fund is the general operating fund of the City. It derives most of its income from property tax and funds the operations of the City. It includes the Development Services Fund, used to account for revenue and expenses of the community planning and development function, and the Public Safety Fund used to set aside funds for police and fire capital projects. It also includes the Impact Fee Fund used to account for park and public safety impact fee revenue and capital acquisitions. Capital Projects Fund — The Capital Projects Find is used to account for financial resources to be used for the acquisition of major capital facilities. Proprietary Fund: User fees finance activities in these funds. The City of Meridian only has one type of propriety fund, the enterprise fund. The water and sewer utilities and all the activities necessary to support their operation are accounted for in this fund. Accounting for this fund is the same as a private business on a full accrual basis. Notes to the Financial Statements The notes provide additional information that is necessary to fully understand the data presented in the government -wide and fund financial statements. Required Supplementary Information This section has information that further explains and supports the information in the financial statements by including a comparison of the City's budget data for the year. City of Meridian, Idaho Management's Discussion and Analysis September 30, 2011 FINANCIAL ANALYSIS OF THE CITY OF MERIDIAN AS A WHOLE Net Assets Net assets measure the difference between what the City owns (assets) versus what the City owes (liabilities). At September 30, 2011 the City's combined assets exceeded liabilities by $304,673,357. In comparison at September 30, 2010 combined assets exceeded liabilities by $301,113,988 and by $283,157,512 at the end of FY2009. The largest portion of the City's net assets, 81°/%, is invested in capital assets net of related debt. Capital assets include land, building, equipment and machinery, and sewer and water utility infrastructure. This percentage has remained virtually unchanged since FY2009. Assets restricted to a particular use are 2% of net assets. The City's restricted fund is principally the park, police and fire impact fee fund (portion of building permit collected for construction of new assets to retain existing service levels). The City has established a reserved fund called the Capital Improvements Fund. The City puts excess funds generated from building permit sales into a fund marked specifically for general fund capital projects. Unrestricted net assets equal 17% of net assets; this percentage composition is unchanged from the prior year. The City's net assets increased 1% from FY2010 to FY2011. In comparison from FY2009 to FY2010 the City's net assets increased by $17.9 million or 6%. Some portion of the unrestricted net asset balance has been designated by the City Council for specific purposes. The table below has been condensed from the Statement of Net Assets. Primary Government Governmental Business - type Activities Activities Total Current and Other Assets $ 49,935,109 $ 48,111,591 $ 36,914,877 $ 34,016,047 $ 86,849,986 $ 82,127,638 Capital Assets 61,985,351 60,989,679 184,265,184 183,447,584 246,250,535 244,437,263 TOTAL Assets 111,920,460 109,101,270 221,180,061 217,463,631 333,100,521 326,564,901 Current Liabilities 21,874,536 20,913,008 3,061,562 3,439,182 24,936,098 24,352,190 Long-term Liabilities 3,344,769 952,421 146,297 146,302 3,491,066 1,098,723 TOTAL Liabilities 25,219,305 21,865,429 3,207,859 3,585,484 28,427,164 25,450,913 Net Assets: Invested in Capital Assets Net of Related Debt 61,660,541 60,989,679 184,265,184 183,447,584 245,925,725 244,437,263 Restricted 7,965,681 4,483,946 - - 7,965,681 4,483,946 Unrestricted 17,074,933 21,762,216 33,707,018 30,430,563 50,781,951 52,192,779 TOTAL Net Assets $ 86,701,155 $ 87,235,841 $217,972,202 $213,878,147 $304,673,357 $301,113,988 Changes in Net Assets During the year the City's financial position improved by $3,559,369. The following condensed financial information was derived from the government -wide Statement of Activities and shows how the City's net assets changed during the year. City of Meridian, Idaho Management's Discussion and Analysis September 30, 2011 Changes in Net Assets for Fiscal Year Ending September 30, 2011 Expenses General Government Administration Governmental 6,121,229 Business -Type 6,121,229 Total Primary 11,173,681 10,109,081 Activities 10,109,081 Activities 8,005,424 Government 8,005,424 7,434,205 FY2011 FY2010 FY2011 FY2010 FY2011 FY2010 Revenues 1,782,263 2044,533 1,782,263 Interest on long-term debt 122,844 28,675 Program Revenues 28,675 Enterprise - sewer and water 17,976,802 15,521,234 17,976,802 15,521,234 Charges for services $ 5,390,186 $ 4,848,721 $ 19,437,576 $ 17,562,418 $ 24,827,762 $ 22,411,139 Operating grants and contributions 766,518 644,190 2,911,265 3,061,634 3,677,783 3,705,824 Capital Grants and Contributions 1,156,323 1540,825 1,666,396 9,118,085 2,822,719 10,658,910 General Revenue: Property taxes 19,315,073 18,868,397 19,315,073 18,868,397 Franchise fees 1,351,868 1,373,872 1,351,868 1,373,872 Sales tax and other governmental 3,577,052 3,486,360 3,577,052 3,486,360 Investment Earnings 316,534 475,805 386,311 489,414 702,845 965,219 Other Revenue 14,086 3,328 (1,112,397) 261,862 (1,098,311) 265,190 Total Revenues 31,887,640 31,241,498 23,289,151 30,493,413 55,176,791 61,734,911 Expenses General Government Administration 9,062,939 6,121,229 9,062,939 6,121,229 Law Enforcement 11,173,681 10,109,081 11,173,681 10,109,081 Fire Department 8,005,424 7,434,205 8,005,424 7,434,205 Parks and Recreation 3,231,199 2,781,748 3,231,199 2,781,748 Community Planning and Devlp 2,044,533 1,782,263 2044,533 1,782,263 Interest on long-term debt 122,844 28,675 122,844 28,675 Enterprise - sewer and water 17,976,802 15,521,234 17,976,802 15,521,234 Total Expenses 33,640,620 28,257,201 17,976,802 15,521,234 51,617,422 43,778,435 Excess of revenues over (under) expenditures before transfers (1,752,980) 2,984,297 5,312,349 14,972,179 3,559,369 17,956,476 Transfers- internal activities 1,218,294 1,068 396 (1,218,294) (1,068,396) - - Increase (decrease) in net assets (534,686) 4,052,693 4,094,055 13,903,783 3,559,369 17,956,476 Net Assets, Beginning of Year 87,235,841 83,183,148 213,878,147 199,974,364 301,113,988 283,157,512 Net Assets, Ending of Year $ 86,701,155 $ 87,235,841 $ 217,972,202 $ 213,878,147 $ 304,673,357 $ 301,113,988 • Governmental Charges for Services include: o Building permits and filing fees o Court fines o Rural Fire District service reimbursement o Park and Recreation fees U City of Meridian, Idaho Management's Discussion and Analysis September 30, 2011 • Governmental Capital Grants and Contributions include: o Impact fees for Parks, Fire, and Police o Park land donations o Grant revenues o Cash donations • Business Type Charges for Services include: o Water and Sewer sales o Engineering review fees o Trash Administration fees • Business Type Operating Grants and Contributions include: o Water and Sewer connection fees o Cash donations for operating expenses • Business Type Capital Grants and Contributions include: o Developer donated water and sewer lines o Cash Donations for capital outlay Governmental Activities: Governmental net assets decreased $534,686. This is in sharp contrast to the prior year over year increase of $4 million. Total revenues increased 2% over the prior year while expenses increased 19% over the prior year. The City incurred significant one-time expenses pursuant to bringing and losing a civil lawsuit associated with the construction of the City Hall. Between interest, settlement costs to the defendant, and the City's legal fees the City incurred over $3.5 million dollars in expense due to this case in FY2011. The City has appealed and is exposed to incurring additional interest and legal costs. Property tax is the single greatest source of governmental revenue. During the past decade new construction resulted in substantial increases in property tax revenue in Meridian. This is because the new construction added a considerable number of new homes and businesses to the tax rolls. The highest year over year property tax revenue increase was 27% from FY2005 to FY2006. In addition to growth from construction the City can by state statute increase the amount of property tax it collects from the prior year by 3%. The last two fiscal years the City has not taken the allowable 3% increase. This coupled with the considerable late decade slow down in new construction has meant much smaller changes in property tax. Between fiscal years 2010 and 2011 property tax increased a little over 2%. In fact total Governmental revenue increased only 2%. Governmental expenses increased $5.4 million dollars. As mentioned previously $3.5 million dollars of this increase can be attributed to the legal and settlement costs which are in the Administration function. Administration also includes several general support functions, Information Technology, Accounting and Finance, Human Resources, City Clerk, Mayor's Office, City Council, Other Government (general expenses not assigned to other departments), Street Lighting, and City Hall. One half of Human Resources, Information Technology, and Finance costs are transferred to the enterprise fund since these functions support all funds. The City Hall expenses are split among the departments who are housed in the building. City of Meridian, Idaho Management's Discussion and Analysis September 30, 2011 The largest percentage of total general government, 62%, is in personnel costs. All governmental functions experienced some percent of personnel cost increase. Personnel costs increased $1.6 million dollars (8%) from FY2010 to FY2011. Additions in Police and Fire account for 69% of this increase. In addition to annual wage increases, the Police Department was budgeted for eight additional positions and the Fire Department one additional position. 8 Governmental Activities Personnel Expense $10,000,000 xi... $9,000,000 ❑ FY2011 $8,000,000 — -- NFY2o10 $7,000,000 ■ FY2009 $6,000,000 $5,000,000 $4,000,000 $3,000,000 $2,000,000 - - $1,000,000 $0 Admin Police Fire Parks Develp Services 8 City of Meridian, Idaho Management's Discussion and Analysis September 30. 2011 Business -Type Activities: Business -type activities, the provision of water and sewer services, increased net assets by $4 million in FY2011 compared to a $13.9 million dollar increase in FY2010 and a $6.8 million dollar increase in FY2009. Capital assets net of depreciation increased $800,000 and unrestricted net assets increased $3.3 million. During the last decade the population in the City of Meridian more than doubled. To facilitate this growth the Utility operations rapidly expanded infrastructure such as water and sewer lines, wells, and wastewater treatment facilities. At the end of FY2001 the capital assets net of depreciation totaled $53.8 million; at the end of fiscal year 2011 the capital assets net of depreciation totaled $184 million. Almost half, 46%, of the capital assets are in contributed capital, water and sewer lines. This is the result of developers putting in water and sewer lines to serve subdivisions and "donating" them to the City at the end of the project. The City is responsible for the maintenance and repair of the lines. During the middle of the decade at the height of the building boom annual contributed capital was as high as $9.9 million. During FY2011 the amount of contributed capital was down to $1.6 million. When the capital asset portion of net assets was reaching the peak of growth, the unrestricted fund balance was starting to decrease as it was used to fund infrastructure growth. From the end of FY2001 to the end of FY2005 the unrestricted fund balance grew by $24.3 million dollars. The growth was fueled largely by "connection" fees. Connection or assessment fees are fees charged for businesses and residences to connect to the utility system. The increase in growth that started at the first of the decade resulted in a rapid build-up of funds available for the necessary infrastructure construction that followed. City of Meridian, Idaho Management's Discussion and Analysis CPntPm1►Ar 10 7(11 1 During FY2006 the unrestricted fund balance started to decrease. FY2007 and FY2008 had unrestricted fund balance decreases of over $10 million dollars each year. By FY2010 the level of capital expansion required by the City had diminished and the unrestricted fund balance started slowly increasing. Although the City is not using the large amounts of capital necessary as it did during the building boom, the amount of revenue collected from assessments has also dropped off and revenue from operations has played a more important role. Although internally the City accounts for operating sales and expenses, and construction revenue and costs separately there are no existing restrictions directing sources of revenue to one particular purpose. Business Activity Unrestricted Fund and Investment in Capital Assets Net of Debt as of 9/30/2011 $200,000,000 $180 000 000 �—Unrestricted Fund Balance d $160,000,000 =■1 -Invested in Capital Assets jr $140,000,000 yS 5 Y $120,000,000 $100,000,000 $80,000,000 $60,000,000 z $40,000,000 � =- $20,000,000 $20,000,000 i $0 00 �� Rti 03 Off` OP Rp 01 0� �o� �� �O �O TO �O TO �O 4Av AT O AO k �O O O TO 4� �� �� The Utility has three principal sources of revenue. Operating revenue from selling water and sewer services (charges for services), and the previously discussed fees that new homes pay to connect to the utility system (operating grants and contributions) and "donated" revenue, the value of the developer connected lines and easements (capital grants and contributions). The bulk of the charges for services revenue category is utility sales. The City also receives an administrative fee for handling the trash billing for the private contractor who provides solid waste removal services for City residents. In FY2009 the City Council approved a significant rate increase for sewer and water usage to be phased in over a three year period. The percent increases were to be 19% for water usage and 42% for sewer usage. The first two stages of the increase took place as planned in the spring of FY2009 and the spring of FY2010 but the increase was not enacted the third year (FY2011) due to the improving profitability of the utility. 10 City of Meridian, Idaho Management's Discussion and Analysis September 30, 2011 Charges for Services Water Sales FY2011 $ 6,783,014 FY2010 $ 694159738 FY2009 $ 5,862,448 Sewer Sales 119933,079 10,438,103 798629962 Meter Sales 125,448 141,479 153,663 Trash Billing Service 511,761 483,148 475,587 Engineering & Misc Fees 84,274 839950 719828 $ 199437,576 $ 1795621,418 $ 1494269488 The number of water and sewer account holders grew rapidly during the building boom but the growth in the numbers started leveling out at 2% annually in FY2008. Now increases in revenue are driven largely by increases in rates. Water sales are difficult to predict because they are influenced by the weather. Newer subdivisions in Meridian use pressurized irrigation and do not need to use city water for outdoor water in the summer. Sewer usage is calculated by averaging a property owner's water usage during the winter months on the assumption that most of the water is used within the house and goes down the sewer system. The waste treatment system is more costly to operate than the water system therefore usage rates are higher. As discussed above when a new residence or commercial building connects to the City's utility system they pay a "connection" fee. Initially this fee was developed to build out infrastructure to accommodate new development. The amount of revenue collected from connection fees has decreased annually every year since FY2005. 11 City of Meridian, Idaho Managements Discussion and Analysis September 30, 2011 The table below illustrates the changes in expenses from FY2009 to FY2011. The proprietary fund's total operating expenses increased by 16% from FY2010 to FY2011. This mirrors the percentage from FY2009 to FY2010. OPERATING EXPENSES % Change % Change FY2011 FY 10 to FYI I FY2010 FY09 to FYI 0 FY2009 Personnel 5,46%270 0 5,0709348 9% 463157 Other Services/Charges 3,658,531 17% 3,121,815 50% 2,087,738 Depreciation 6,322,956 31% 4,824,482 12% 4,3161,283 Supplies 1,741,116 10% 1,5819534 13% 11404,316 Heat, Lights, Power 784,929 -15% 9235,055 4% 883,971 Total operating expense 17,976,802 16% 15,521,234 16% 135,3245,054 General fund transfer 1,218,294 14% 19068,396 3% 1,033,718 Total business -type expense _$ 19195096 $ 165899630 $ _14351112 The Proprietary Fund is divided into four basic divisions: Waste Water, Water, Public Works, and Utility Billing. Public Works and Utility Billing provide support services to both the Water and Waste Water divisions. Waste Water is the largest Division in the fund as illustrated by the following graph. 12 City of Meridian, Idaho Management's Discussion and Analysis September 30. 2011 Operating costs for the utility are divided almost equally between personnel, operating, and depreciation. Components of FY2011 Proprietary Fund Operating Expense The Public Works Department had a few notable increases in operating costs between FY2011 and FY2010. Approximately a million dollars was expended on continuing consulting work on various sewer and water master plans. During FY2011 the City was required to pay $463,000 and release title to several assets as the result of a nullification agreement between the City and a developer. In 2006 the City entered into an agreement with a developer to jointly provide water and sewer service for a subdivision under development outside of the City limits. The developer put in a well and turned it over to the City so that homeowners could connect to the City water system. Due to the downturn in the economy only a small portion of the subdivision was developed and the agreement was no longer viable. The City paid damages to the developer and reimbursed the existing homeowners for their cost to connect to City water and also deeded back the well, the well lot, a lift station lot, and land easements which resulted in a loss on disposal of assets in the amount of $1,364,504. Personnel costs in the Public Works Department increased about 14% from last fiscal year. One factor contributing to this increase was filling vacant positions that resulted from an earlier reorganization. Water Department operating expenses dropped slightly. Most significantly backflow monitoring expenses dropped as the result of changes in the way the City handles backflow devices and testing, the program that protects against cross contamination when a home owners uses City water and irrigation water for outside watering. During FY2011 the City discontinued paying for the total cost of that testing passing most of that cost back to the property owner. In FY2011 the City did make a one-time payment to property owners to remove dual connection devices (allow connection to both City water and irrigation simultaneously). 13 City of Meridian, Idaho Management's Discussion and Analysis September 30, 2011 Total Waste Water Treatment operating expenses increased 10%. One category of expense went down; in FY2010 the department spent several hundred thousand dollars in consulting for various plans such as the Sewer Master Plan and a Facility Plan Update. The division did not have these expenses in FY2011 or they were moved to the Public Works Department. The recognition of a full year of depreciation expense for the $25 million dollar Waste Water Treatment Plant expansion increased WWTP depreciation expense almost $1.5 million dollars. As the result of operations the Proprietary Fund ended FY2011 with $1,772,375 in operating income and increased net assets by $4,094,055. The difference between the two numbers is the non operating revenues and expenses. These include connection revenue as discussed above, interest income and change in investment fair market value and loss on the sale of fixed assets. The Fund experienced an unusual loss on the disposal of fixed assets in the amount of $1,364,504. Assets given to a developer in the nullification agreement discussed above totaled $1,177,892. Additionally a couple of outdated lift stations were replaced and an old well abandoned. Finally the Propriety Fund paid the general fund $1,218,294 for half of the cost of the administrative and support functions for accounting, human resources, information technology, construction management, and a share of the costs to maintain the City Hall building. The Water Department closed $1.4 million out of construction in progress and the Waste Water Department closed $3.8 million dollars out of construction in progress. Larger Water Department projects completed include well number 28, and various line and well rehabilitation projects. The Waste Water Department closed $3 million of plant improvements, $540,000 in lift stations and $279,000 for various sewer line projects. Overall the Utility spent $6.9 million dollars on capital acquisitions. Depreciation expense increased from $4,824,482 in FY2010 to $6,322,956 in FY2011. The Utility still has $6.7 million dollars in construction in progress. FINANCIAL ANALYSIS OF THE CITY'S FUNDS Governmental Funds Governmental Funds provide information about near -tern inflows, outflows and balances of resources that are available for spending. At the end of a fiscal year the unreserved fund balance serves as a useful measure of a government's net resources. Types of governmental funds reported by the City include the General Fund, the Capital Projects Fund, the Impact Fee Fund, and the Public Safety Fund. At the end of the current year, the City's governmental funds had a combined ending fund balance of $27.2 million which is an increase of $971,669. As discussed in the Notes to the Financial Statements the City implemented GASB Statement No. 54, Fund Balance Reporting and Governmental Fund Type Definitions for the fiscal year ended September 30, 2011. The GASB statement changes the fund balance classifications so they can be more consistently applied. Of the combined ending fund balance of $27.2 million $119,984 was non spendable, $3.1 million was restricted by law, $6.5 million assigned by the intent of the City to specific purposes, and $17.4 million was unassigned and available for spending by the City within the purposes specified for the City's funds. 14 City of Meridian, Idaho Management's Discussion and Analysis September 30, 2011 The General Fund is the primary operating fund of the City, used for major operations including public safety, planning and development, parks, and administration. At the end of the fiscal year, the unassigned fund balance of the General Fund was $17,408,645 down from the previous year balance of $17,779,306. The City maintains a general fund balance reserve equivalent to four months of on-going personnel and operating expense. The amount of reserve is calculated using the upcoming budget year i.e. the FY2012 budget is used to calculate the balance at the end of FY2011. For fiscal year end this amount is $8.5 million. The restricted impact fee fund can only be spent on police, fire and parks capital projects that sustain the level of service existing when the fees were adopted per Idaho statute. Little was spent from the fund in FY2011, the fund balance increased from $1,964,241 at the end of fiscal year 2010 to $3,077,450 at the end of fiscal year 2011. The Development Services Fund is used to account for Building and Planning Department Operations. The fund is combined with the Capital Projects Fund to create the fund balance, Reserved for Capital Improvements. During FY2011 the City transferred $600,722 from the Development Services Fund to the Capital Projects Fund. Assigned for Public Safety Purchases is a fund used to save for public safety construction or large capital purchases. At the end of FY2011 the balance is $2 million, essentially unchanged, except for a small amount of interest, since the end of FY2010. GOVERNMENTAL FUND BALANCES Nonspendable Prepaids Restricted Impact Fund Grant Fund Assigned Fund Bal Budget Carryforward Capital Projects Fund Public Safety Fund Unassigned TOTAL FUND BALANCE General Fund Budgetary Highlights Total actual general fund revenue exceeded the final budget amount by 2% which is a little over $500,000. By and large the additional revenues were due to greater than budgeted property tax collections. For the year ended FY2011 61% of the general fund revenue was from property taxes. Intergovernmental is the next highest percentage of revenue, this category includes grants, sales tax revenue sharing, and a joint powers agreement with the Meridian Rural Fire District. The amount received for grant revenue varies from year to year, this year it was just over $700,000. For the last three years sales tax revenue sharing and Meridian Rural Fire District reimbursements have been consistent at about $3.5 million and $1.5 million respectively. The original revenue budget was amended upward during the fiscal year to reflect about $765,000 in additional revenue from grants, donations, licenses and permits. 15 Change in FY2011 FY2010 Fund Balance $ 119,984 $ 206,455 $ (86,471) 3,077,450 1,964,241 1,113,209 22,297 22,297 1,884,789 1,659,273 225,516 2,569,266 2,519,705 49,561 2,089, 201 2,070,983 18,218 17,408,645 17,779,306 (370,661) $ 27,171,632 $ 26,199,963 $ 971,669 Total actual general fund revenue exceeded the final budget amount by 2% which is a little over $500,000. By and large the additional revenues were due to greater than budgeted property tax collections. For the year ended FY2011 61% of the general fund revenue was from property taxes. Intergovernmental is the next highest percentage of revenue, this category includes grants, sales tax revenue sharing, and a joint powers agreement with the Meridian Rural Fire District. The amount received for grant revenue varies from year to year, this year it was just over $700,000. For the last three years sales tax revenue sharing and Meridian Rural Fire District reimbursements have been consistent at about $3.5 million and $1.5 million respectively. The original revenue budget was amended upward during the fiscal year to reflect about $765,000 in additional revenue from grants, donations, licenses and permits. 15 City of Meridian, Idaho Management's Discussion and Analysis September 30, 2011 FY2011 General Fund Actual Revenue Other 5% I m pact Fees Franchise 4% fees 4% I ntergovern 18% Property Tax 61% Licenses and perm its 8% Comparing actual General Fund revenue from FY2010 to FY2011 shows a $1.3 million 4% increase. The composition between revenue sources and amounts in general was consistent between the two years. 10 General Fund Revenue Budget to Actual Comparison $35,0009000 Rpm $309000,000 _ ^ Miscellaneous $252000,000 - ■ Interest - ❑ Donations $201000,000 --- ❑ Impact Fees 0Charges for services `Fines and forfeitures $15,000,000 . .. .. . . . \ 4 w RFranchise fees ❑ Intergovernmental $10,0009000 o Licenses and permits � ■ Taxes $590009000 $0 FY2011 Actual FY2011 Budget FY2010 Actual FY2010 Budget 10 City of Meridian, Idaho Management's Discussion and Analysis September 30, 2011 Governmental actual personnel and operating costs increased 8% from FY2010 to FY2011. In comparison from FY2009 to FY2010 actual personnel and operating expenses increased 6%. The General Fund operating budget had a significant budget amendment for legal costs and the subsequent loss for a case involving the construction of City Hall. Legal costs of $ 1.2 million were paid during the year; the settlement amount of $ 2.3 million was not because the City is appealing the judgment but is accrued for under the government -wide financial statements. The City is accruing interest of 5.25% ($330.48) per day during the appeal period. Budgeted General Fund personnel and operating increased 19%. General Government Personnel Expenditures Administration Police Fire Parks Develop Services TOTAL General Government Operating Expenditures Administration Police Fire Parks Develop Services TOTAL FY2011 FY2010 Percent Final Budget Final Budget Increase $ 3,050,850 $ 2,932,355 4% 9,681,118 8,587,718 13% 6,884,461 6,600,646 4% 1,621,334 1,371,301 18% 1,124,929 1,089,100 3% $ 22,362,692 $ 20,581,120 9% FY2011 FY2010 Percent Final Budget Final Budget Increase $ 6,456,466 $ 3,303,144 95% 2,068,451 2,543,221 -19% 867,588 1,174,570 -26% 1,310,979 1,138,463 15% 1,097,107 972,060 13% $ 11,800,591 $ 9,131,458 29% Personnel costs make up 65% of the total on-going (personnel and operating) General Fund budget. The largest department in the General Fund as far as personnel expense is the Police Department. The second largest is the Fire Department, together they total 74% of the total General Fund personnel budget. 17 City of Meridian, Idaho Management's Discussion and Analysis September 30, 2011 FY2011 Final Budget Governmental Personnel and Operating Expenditures - $34,163,283 Fire 23% Parks 9% Develop Services T 6% Police 34% Administration 28% For the FY2011 budget the City added eight positions in the Police Department. Four of the positions are funded through FY2013 with grant monies. Several positions in the Police Department were vacant throughout FY2011 resulting in a $678,164 salary savings. Actual Police Department operating expenses increased 31 % from FY2010 to FY2011 because the City paid off the bonds for Police Building in FY2010, meaning a double payment in FY2010 and no payments in FY2011. The Fire Department and Administration each added one position to the FY2011 budget while the Parks Department added two. The City had a General Fund capital budget of $5.2 million in FY2011 and spent $3.27 million. Major projects completed were the purchase and installation of a permitting, licensing, and code enforcement software for just over $671,000, $440,000 for Police vehicles, $418,000 to refurbish two fire engines, and $827,000 to purchase land for a Park Department maintenance shop. 18 City of Meridian, Idaho Management's Discussion and Analysis September 30, 2011 CAPITAL ASSET and DEBT ADMINISTRATION Capital Assets At the end of fiscal year 2011 the City had $246.3 million invested in capital assets (net of accumulated depreciation). During fiscal year 2011 the City's total investment in net assets increased I%. See table below: Capital Assets as of September 30, 2011 (net of depreciation) The City's investment in capital assets includes land, buildings, sewer and water lines, buildings, automobiles and equipment and street lights. Sidewalks, bridges, and roads belong to the Ada County Highway District. Major capital asset events in the general government funds in FY2011 included: • $417,857 for refurbishing two fire engines • $831,695 for purchase of land for a Park Department maintenance building • $2.6 million in total in construction in progress account, $2.4 million for park development. • $671,425 for permit, licensing, and code enforcement software • $439,761 for Police vehicles Major capital asset events in the business -type funds in FY2011 included: • $3.5 million in sewer trunk, reclaimed, and water line expansions • $1.6 million in donated and contributed capital water and sewer infrastructure • $3 million moved out of construction in progress for waste water treatment plant improvements The City booked $2,763,357 in depreciation expense for governmental City functions and $6,322,956 for business -type activities. 19 Governmental Business - Type Total Primary Activities Activities Government 2011 2010 2011 2010 2011 2010 Land $ 15,651,367 $ 14,819,704 $ 1,137,275 $ 1,037,055 $ 16,788,642 $ 15,856,759 Easements 217,864 217,864 6,962,968 6,921,118 7,180,832 7,138,982 Intangibles 32,919 42,324 32,919 42,324 Buildings and improvements other than buildings 38,283,632 39,597,535 41,060,166 39,911,428 79,343,798 79,508,963 Sewer and water lines 112,210,457 110,384,946 112,210,457 110,384,946 Equipment 5,122,616 4,108,209 16,231,044 16,707,061 21,353,660 20,815,270 Construction in progress 2,676,953 2,204,043 6,663,274 8,485,976 9,340,227 10,690,019 $ 61,985,351 $ 60,989,679 $ 184,265,184 $ 183,447,584 $ 246,250,535 $ 244,437,263 The City's investment in capital assets includes land, buildings, sewer and water lines, buildings, automobiles and equipment and street lights. Sidewalks, bridges, and roads belong to the Ada County Highway District. Major capital asset events in the general government funds in FY2011 included: • $417,857 for refurbishing two fire engines • $831,695 for purchase of land for a Park Department maintenance building • $2.6 million in total in construction in progress account, $2.4 million for park development. • $671,425 for permit, licensing, and code enforcement software • $439,761 for Police vehicles Major capital asset events in the business -type funds in FY2011 included: • $3.5 million in sewer trunk, reclaimed, and water line expansions • $1.6 million in donated and contributed capital water and sewer infrastructure • $3 million moved out of construction in progress for waste water treatment plant improvements The City booked $2,763,357 in depreciation expense for governmental City functions and $6,322,956 for business -type activities. 19 City of Meridian, Idaho Management's Discussion and Analysis September 30, 2011 FY2012 Budgetary Considerations The City of Meridian bases the budget on a revenue analysis and projection. The City starts the budget process in the spring of the year for the next fiscal year. The FY2012 revenue forecast was based on the assumption that that economic slowdown of the past few years would continue into 2012. The City was very conservative with all revenue estimates for the budget. The City did not take the allowable 3% property tax increase and the increase from new construction is only 2%. No other revenue categories were significantly increased and sales of building permits were reduced below the FY2011 budget number. The City did add some additional positions in the FY2012 budget. In the General Fund the Fire Department added three Division Chiefs and increased the pay for the existing Division Chiefs for additional personnel costs of $400,000. The Information Technology Department added one and a half positions to work on GIS projects, and an additional building maintenance worker was hired for City Hall. The Parks Department budgeted $2.16 million dollars for various projects the largest being $1.5 million dollars for a new maintenance building. The Police, Fire, and Parks Department received $480,500 to replace vehicles and the City is upgrading to Microsoft Office 7 software. The proprietary fund did not add any staff positions but added $6.7 million for capital projects and $833,000 for one time operating expenses. Larger Water Department projects include water main replacements, water line extensions, well development, and construction of pressure reducing valves. The majority of the capital money, $4.7 million is for Waste Water Treatment Plant improvements including improvements to the treatment plant, sewer main replacement and sewer line extensions. Requests for Information. This report is designed to provide a general overview of the City of Meridian's finances for our citizens and customers. If you have questions about this report or need additional financial information, contact: City of Meridian Finance Office 33 E. Broadway Ave. Meridian, Idaho 83642 Phone: (208) 888-4433 P Assets Current Assets Cash and cash equivalents Restricted cash and cash equivalents Investments Restricted investments Receivables Accounts (net of $36,673 allowance for enterprise fund uncollectibles) Property taxes Assessments Due from other governmental units Interest Deposits and prepaid expenses Deferred financing costs, net of accumulated amortization Total current assets Noncurrent Assets Capital assets Land, infrastructure, and other assets not depreciated Buildings, improvements and equipment, net of depreciation Total noncurrent assets See Notes to Financial Statements 18,546,184 14,763,517 33,309,701 3,362,796 43,439,167 169,501,667 212,940,834 695,236 61,985,351 184,265,184 246,250,535 4,058,032 $ 111,920,460 $ 221,180,061 $333,100,521 $ 5,393,908 Primary Government Governmental Business -type Component Activities Activities Total Unit $ 2,334,564 $ 5,581,107 $ 7,915,671 $ 313,344 607,316 - 607,316 139,590 21,852,730 28,250,001 50,102,731 - 2,470,917 - 2,470,917 689,329 2,737,468 3,426,797 - 20,337,985 - 20,337,985 840,947 1,473,372 40,060 1,513,432 920 48,912 54,348 103,260 - 119,984 251,893 371,877 1,692 39,383 49,935,109 36,914,877 86,849,986 1,335,876 18,546,184 14,763,517 33,309,701 3,362,796 43,439,167 169,501,667 212,940,834 695,236 61,985,351 184,265,184 246,250,535 4,058,032 $ 111,920,460 $ 221,180,061 $333,100,521 $ 5,393,908 City of Meridian, Idaho Statement of Net Assets September 30, 2011 Primary Government Governmental Business -type Component Activities Activities Total Unit Liabilities and Net Assets Current Liabilities Accounts payable $ 1,107,965 $ 2,584,868 $ 3,692,833 $ 459,873 Accrued payroll and taxes 840,390 212,527 1,052,917 - Accrued vacation, current portion 113,978 16,255 130,233 61,660,541 Interest payable - - - - Deferred revenue 19,022,698 - 19,022,698 749,257 Customer deposits 789,505 247,912 1,037,417 - Lease Payable - current portion 2,569,266 Judgment liability 282 Note - current portion - - - 1,333,996 33,707,018 50,781,951 Total current liabilities 21,874,536 3,061,562 24,936,098 2,543,408 Noncurrent Liabilities Accrued vacation- less current portion 1,025,804 146,297 1,172,101 - Accrued judgment 2,318,965 - 2,318,965 Capital leases - less current portion - - - - Total Liabilities 25,219,305 3,207,859 28,427,164 2,543,408 Net Assets Invested in capital assets, net of related debt 61,660,541 184,265,184 245,925,725 2,723,754 Restricted 139,590 Impact Funds 3,077,450 - 3,077,450 - Capital improvements 2,569,266 2,569,266 Judgment liability 2,318,965 - 2,318,965 Unrestricted 17,074,933 33,707,018 50,781,951 (12,844) $ 86,701,155 $ 217,972,202 $304,673,357 $ 2,850,500 21 Functions/Programs Expenses Primary Government Capital Governmental Activities Grants and General government Contributions Administration $ 9,062,939 Public safety $ 2,822,719 Law enforcement 11,173,681 Fire department 8,005,424 Parks and recreation 3,231,199 Community planning and development 2,044,533 Interest on long-term debt 122,844 Total governmental activities Business -Type Activities Water and wastewater Total Primary Government Component Unit Downtown development See Notes to Financial Statements Program Revenues 19,437,576 Operating Capital Charges for Grants and Grants and Services Contributions Contributions 121,128 745,353 1,602,593 420,704 2,500,408 33,640,620 5,390,186 141,635 441,277 26,949 156,657 766,518 77,720 359,304 719,299 1,156,323 17,976,802 19,437,576 2,911,265 1,666,396 $ 51,617,422 $ 24,827,762 $ 3,677,783 $ 2,822,719 $ 550,615 General revenues Shared revenues Property taxes, levied for general purposes Franchise fees Sales tax and other governmental Investment earnings Net increase (decrease) in fair value of investments Miscellaneous Gain (loss) on sale of fixed assets Transfers - internal activities Total General Revenues and Transfers Change in Net Assets Net Assets, Beginning of Year Net Assets, Ending of Year Net (Expense) Revenue and Primary Government wernmental Business -type Activities Activities $ (8,800,176) (9,909,331) (6,016,578) (1,934,539) 455,875 (122,844) (26,327,593) $ (26,327,593) in Net Assets Total Component Unit $ - $ (8,800,176) $ 530,751 - (9,909,331) - - (6,016,578) - - (1,934,539) - - 455,875 - (122,844) 19,864 3,881 - (26,327,593) 550,615 6,038,435 6,038,435 - 25,792,907 $ 6,038,435 $ (20,289,158) $ 550,615 19,315,073 874,647 1,351,868 - 3,577,052 - 316,534 386,311 (83,298) (59,494) 93,503 311,601 3,881 (1,364,504) 1,218,294 (1,218,294) 25,792,907 (1,944,380) (534,686) 4,094,055 87,235,841 $ 86,701,155 213,878,147 $ 217,972,202 (550,615) 19,315,073 874,647 1,351,868 - 3,577,052 3,538 702,845 1,068 (142,792) - 405,104 8,990 (1,360,623) - 23,848,527 3,559,369 301,113,988 $ 304,673,357 888,243 337,628 2,512,872 $ 2,850,500 City of Meridian, Idaho Statement of Activities Year Ended September 30, 2011 22 Assets Cash and cash equivalents Investments Receivables Accounts Property taxes Due from other governmental units Interest Prepaid items Restricted assets Cash and cash equivalents Investments Liabilities and Fund Balances Liabilities Current Liabilities Accounts payable Accrued payroll and taxes Due from other government Accrued vacation Deferred revenue Customer deposits Total current liabilities Fund Balances Nonspendable Prepaids Restricted Impact Fund Grant Fund Assigned Commitments Fund Balance Budget of Carryforward Capital Projects Fund Public Safety Fund Unassigned Total fund balances General $ 1,686,801 20,764,908 689,329 20,337,985 1,473,372 48,665 119,984 607,316 2,470,917 City of Meridian, Idaho Balance Sheet — Governmental Funds September 30, 2011 Capital Projects $ 647,763 1,087,822 247 Total Governmental Funds $ 2,334,564 21,852,730 689,329 20,337,985 1,473,372 48,912 119,984 607,316 2,470,917 $ 48,199,277 $ 1,735,832 $ 49,935,109 $ 898,343 $ 209,622 $ 1,107,965 840,390 - 840,390 20,025,617 20,025,617 789,505 - 789,505 22,553,855 209,622 22,763,477 22,553,855 209,622 22,763,477 119,984 - 119,984 3,077,450 - 3,077,450 22,297 - 22,297 1,884,789 - 1,884,789 1,043,056 1,526,210 2,569,266 2,089,201 - 2,089,201 17,408,645 - 17,408,645 25,645,422 1,526,210 27,171,632 $ 48,199,277 $ 1,735,832 $ 49,935,109 See Notes to Financial Statements 23 City of Meridian, Idaho Reconciliation of the Balance Sheet of Governmental Funds to the Statement of Net Assets September 30, 2011 Fund balance - total governmental fonds $ 27,171,632 Amounts reported for governmental activities in the statement of net assets are different because: Capital assets used in governmental activities are not fnancial resources and therefore are not reported in the funds. 61,985,351 Some of the property taxes receivable are not available to pay for current -period expenditures and therefore are deferred in the funds. 1,002,919 Long-term debt is not due and payable in the current period and therefore is not reported in the funds. (2,318,965) Accrued vacation is not due and payable in the current period and therefore is not reported in the funds. (1,139,782) Net assets of governmental activities $ 86,701,155 See Notes to Financial Statements 24 City of Meridian, Idaho Statement of Revenues, Expenditures, and Changes in Fund Balances — Governmental Funds Year Ended Sentember 30, 2011 Other Financing Sources (Uses) Operating transfer in Operating transfer out Unrealized gain (loss) on investments Proceeds from sale of capital assets Total other financing sources (uses) Net Change in Fund Balances Fund Balance, Beginning of Year Fund Balance, End of Year 2,041,430 600,722 2,642,152 Total - (1,423,858) Capital Governmental (83,298) General Projects Funds Revenues 555,532 Taxes $ 19,416,599 $ - $ 19,416,599 Licenses and permits 2,511,209 - 2,511,209 Intergovernmental 5,895,076 - 5,895,076 Franchise fees 1,351,868 - 1,351,868 Fines and forfeitures 434,096 - 434,096 Charges for services 846,743 - 846,743 Interest 312,375 4,159 316,534 Miscellaneous 93,503 - 93,503 Donations 54,632 54,632 Impact revenues 1,124,716 - 1,124,716 Total revenues 32,040,817 4,159 32,044,976 Expenditures General government 6,178,105 - 6,178,105 Public safety 18,176,063 - 18,176,063 Parks and recreation 2,409;521 - 2,409,521 Community planning and development 25037,884 - 2,037,884 Debt service Principal - - Interest - - - Capital outlay 3,271,271 158,024 3,429,295 Total expenditures 32,072,844 158,024 32,230,868 Excess of Revenues Over (Under) Expenditures (32,027) (153,865) (185,892) Other Financing Sources (Uses) Operating transfer in Operating transfer out Unrealized gain (loss) on investments Proceeds from sale of capital assets Total other financing sources (uses) Net Change in Fund Balances Fund Balance, Beginning of Year Fund Balance, End of Year 2,041,430 600,722 2,642,152 (1,423,858) - (1,423,858) (84,605) 1,307 (83,298) 22,565 - 22,565 555,532 602,029 1,157,561 523,505 448,164 971,669 25,121,917 1,078,046 26,199,963 $ 25,645,422 $ 1,526,210 $ 27,171,632 See Notes to Financial Statements 25 City of Meridian, Idaho Reconciliation of the Statement of Revenues, Expenditures, and Changes in Fund Balances of Governmental Funds to the Statement of Activities Year Ended September 30, 2011 Net change in fund balances - total governmental funds $ 971,669 Amounts reported for governmental activities in the statement of activities are different because: Governmental funds report capital outlay as expenditures. However, in the statement of activities the cost of those assets is allocated over their estimated useful lives and reported as depreciation expense. This is the amount by which capital outlays exceeded depreciation and loss on sale of assets in the current period. New capital 3,754,106 Depreciation (2,763,357) Loss on fixed asset (18,684) Total 972,065 Capital assets contributed by citizens or developers are not a source of financial resources and thus, are not recognized in the governmental funds. 23,607 Some property tax revenue in the statement of activities does not provide current financial resources and is not reported as revenue in the governmental funds. (101,526) Contingent liability is recognized regardless of when financial resources are available and is not reported as a liability in the governmental funds. (2,318,965) In the statement of activities, accrued vacation is measured by the amounts earned during the year. In governmental funds, however, expenditures for these items are measured by the amount of financial resources used. This is the amount by which benefits earned exceeded benefits paid in the current year. (81,536) Change in net assets of governmental activities $ (534,686) See Notes to Financial Statements 26 City of Meridian, Idaho Statement of Net Assets — Proprietary Fund September 30, 2011 Enterprise Fund Fund Water and Sewer Assets Current Assets Cash and cash equivalents $ 5,581,107 Investments 28,250,001 Receivables 16,255 Accounts (net of $36,673 allowance for uncollectibles) 2,737,468 Due from other governmental units 40,060 Interest 54,348 Prepaid items 251,893 Total current assets 36,914,877 Noncurrent Assets 184,265,184 Capital assets 33,707,018 Land 1,137,275 Easements 6,962,968 Construction in progress 6,663,274 Buildings and improvements other than buildings 54,263,073 Sewer and water lines 136,881,887 Machinery and equipment 25,249,813 Less accumulated depreciation (46,893,106) _$ 221,180,061 Liabilities and Net Assets Current Liabilities Accounts payable $ 2,584,868 Accrued payroll and taxes 212,527 Accrued vacation, current portion 16,255 Customer deposits 247,912 Total current liabilities 3,061,562 Noncurrent Liabilities Accrued vacation - less current portion 146,297 Net Assets Invested in capital assets, net of related debt 184,265,184 Unrestricted 33,707,018 Total net assets 217,972,202 $ 221,180,061 See Notes to Financial Statements 27 City of Meridian, Idaho Statement of Revenues, Expenses, and Changes in Fund Net Assets — Proprietary Fund Year Ended September 30, 2011 Operating Expenses Personnel services Enterprise Other services and charges Fund Water Depreciation and Sewer Operating Revenues 1,741,116 Charges for services 784,929 Water revenues $ 6,783,014 Sewer revenues 11,933,079 Sale of meters 125,448 Trash billing service 511,761 Engineering fees 84,274 Miscellaneous 311,601 Total operating revenues 19,749,177 Operating Expenses Personnel services 5,469,270 Other services and charges 3,658,531 Depreciation 6,322,956 Supplies 1,741,116 Heat, lights and power 784,929 Total operating expenses 17,976,802 Operating Income 1,772,375 Nonoperating Revenues (Expenses) Interest revenue 386,311 Connection assessment fees and donations 2,996,293 Loss on sale of fixed assets (1,364,504) Net decrease in fair value of investments (59,494) Total nonoperating revenues 1,958,606 Income before Contributions and Transfers 3,730,981 Donated waterlines and sewerlines 1,581,368 Operating transfers out (1,218,294) Change in Net Assets 4,094,055 Net Assets, Beginning of Year 213,878,147 Net Assets, End of Year $ 217,972,202 See Notes to Financial Statements 28 City of Meridian, Idaho Statement of Cash Flows — Proprietary Fund Year Ended September 30, 2011 Cash, Beginning of Year 1,428,931 Cash, End of Year $ 5,581,107 See Notes to Financial Statements 29 Enterprise Fund Water and Sewer Cash Flows from Operating Activities Receipts from customers and users $ 19,610,318 Payments to suppliers (6,565,561) Payments to employees (5,447,433) Net Cash from Operating Activities 7,597,324 Cash Flows from Noncapital Financing Activities Operating transfer to general fund (1,218,294) Net Cash used for Noncapital Financing Activities (1,218,294) Cash Flows from Capital and Related Financing Activities Connection assessment fees 2,996,293 Proceeds from sale of capital assets 18,256 Cost to dispose of capital assets (47,660) Acquisition of capital assets (6,894,288) Net Cash used for Capital and Related Financing Activities (3,927,399) Cash Flows from Investing Activities Purchase of investments (28,983,644) Sale of investments 30,247,533 Interest received 436,656 Net Cash from Investing Activities 1,700,545 Net Increase in Cash 4,152,176 Cash, Beginning of Year 1,428,931 Cash, End of Year $ 5,581,107 See Notes to Financial Statements 29 City of Meridian, Idaho Statement of Cash Flows — Proprietary Fund Year Ended September 30, 2011 Enterprise Fund See Notes to Financial Statements 30 Water and Sewer Reconciliation of Operating Income to Net Cash from Operating Activities Operating income $ 1,772,375 Adjustments to reconcile operating income to net cash from operating activities Depreciation 6,322,956 Changes in assets and liabilities Accounts receivable (105,228) Due from other governments (33,631) Prepaid items 18,477 Accounts payable (282,545) Accrued payroll and taxes 21,837 Customer deposits (116,917) Net Cash from Operating Activities —L -2d97 �324 Supplemental Disclosure of Cash Flow Information Developer and customer contributed sewer and water lines $ 1,581,368 See Notes to Financial Statements 30 City of Meridian, Idaho Notes to Financial Statements September 30, 2011 Note 1 - Summary of Significant Accounting Policies The City of Meridian, Idaho (City) was incorporated August, 1903. The City operates under a mayor and council form of government and provides the following services as authorized by its charter: public safety (police and fire), community planning and development, parks and recreation, and general administrative services. The financial statements of the City have been prepared in conformity with generally accepted accounting principles (GAAP) as applied to government units. The Governmental Accounting Standards Board (GASB) is the accepted standard-setting body for establishing governmental accounting and financial reporting principles. The significant accounting policies are described below. The accounting and reporting policies of the City relating to the funds included in the accompanying basic financial statements conform to generally accepted accounting principles applicable to state and local governments. Generally accepted accounting principles for local governments include those principles prescribed by the GASB, the American Institute of Certified Public Accountants in the publication entitled Audits of State and Local Governmental Units and by the Financial Accounting Standards Board (when applicable). As allowed in Section P80 of GASB's Codification of Governmental Accounting and Financial Reporting Standards, the City has elected not to apply to its proprietary activities Financial Accounting Standards Board Statements and Interpretations, Accounting Principles Board Opinions, and Accounting Research Bulletins of the Committee of Accounting Procedure issued after November 30, 1989. Financial Reporting Entity As required by generally accepted accounting principles, these basic financial statements present the City in conformance with GASB Statement No. 39, "Determining Whether Certain Organizations are Component Units." Under Statement No. 39, component units are organizations that are included in the reporting entity because of the significance of their operational or financial relationships with the City. Component units are legally separate organizations for which the City is financially accountable. The component unit column in the combined financial statements is the financial data of the City's single component unit, the Meridian Development Corporation (MDC). MDC is a separate and distinct legal entity created by state statute. The directors of MDC are appointed by the Mayor and approved by the City Council. MDC provides urban development services for the citizens of the City. Complete financial statements can be obtained from the City of Meridian Division of Financial Management, 33 East Broadway Avenue, Meridian, Idaho. The City contributes to the multi-employer Public Employer Retirement System of Idaho (the System). The System is administered by the State of Idaho and the City is not the major participant in the plan; therefore, the plan's financial statements are not included in this report. Government -Wide and Fund Financial Statements The government -wide financial statements (i.e., the statement of net assets and the statement of changes in net assets) report information on all of the nonfiduciary activities of the primary government. For the most part, the effect of interfund activity has been removed from these statements. Governmental activities, which normally are supported by taxes and intergovernmental revenues, are reported separately from business -type activities which rely, to a significant extent, on fees and charges for support. 31 City of Meridian, Idaho Notes to Financial Statements September 30, 2011 The statement of activities demonstrates the degree to which the direct expenses of a given function or segment is offset by program revenues. Direct expenses are those that are clearly identifiable with a specific function or segment. Program revenues include 1) charges to customers or applicants who purchase, use, or directly benefit from goods, services, or privileges provided by a given function or segment and 2) grants and contributions that are restricted to meeting the operational or capital requirements of a particular function or segment. Taxes and other items not properly included among program revenues are reported instead as general revenues. Separate financial statements are provided for governmental funds and proprietary funds. Major individual governmental funds and major individual enterprise funds are reported as separate columns in the fund financial statements. Measurement Focus, Basis of Accounting, and Financial Statement Presentation The government -wide financial statements are reported using the economic resources measurement focus and the accrual basis of accounting, as are the proprietary fund and fiduciary fund financial statements. Revenues are recorded when earned and expenses are recorded when a liability is incurred, regardless of the timing of related cash flows. Property taxes are recognized as revenues in the year for which they are levied. Grants and similar items are recognized as revenue as soon as all eligibility requirements imposed by the provider have been met. Governmental fund financial statements are reported using the current financial resources measurement focus and the modified accrual basis of accounting. Revenues are recognized as soon as they are both measurable and available. Revenues are considered to be available when they are collectible within the current period or soon enough thereafter to pay liabilities of the current period. For this purpose, the government considers revenues to be available if they are collected within 60 days of the end of the current fiscal period. Expenditures generally are recorded when a liability is incurred, as under accrual accounting. However, debt service expenditures, as well as expenditures related to compensated absences and claims and judgments, are recorded only when payment is due. Property taxes, franchise taxes, licenses, and interest associated with the current fiscal period are all considered to be susceptible to accrual and so have been recognized as revenues of the current fiscal period. Only the portion of special assessments receivable due within the current fiscal period is considered to be susceptible to accrual as revenue of the current period. All other revenue items are considered to be measurable and available only when cash is received by the government. The City reports the following major governmental funds: General Fund - The General Fund is the general operating fund of the City. It is used for all financial resources except those required to be accounted for in another fund. Capital Projects Fund- The Capital Projects Fund is used to account for financial resources to be used for the acquisition or construction of major capital facilities (other than those financed by proprietary funds). The City reports the following major proprietary fund: Enterprise Fund — The Enterprise Fund is used to account for water and sewer operations financed and operated in a manner similar to private business when the intent of the governing body is that costs (expenses, including depreciation) of providing goods or services to the general public on a continuing basis be financed or recovered primarily through user charges, or the governing body has decided that periodic determination of revenues earned, expenditures incurred, and/or net income is appropriate for capital maintenance, public policy, management control, accountability or other purposes. 32 City of Meridian, Idaho Notes to Financial Statements September 30, 2011 As a general rule, the effect of inter -fund activity has been eliminated from the government -wide financial statements. Exceptions to this general rule are charges between various functions of the government when elimination of these charges would distort the direct costs and program revenues reported for the various functions concerned. Amounts reported as program revenues include 1) charges to customers or applicants for goods, services, or privileges provided, 2) operating grants and contributions, and 3) capital grants and contributions, including special assessments. Internally dedicated resources are reported as general revenues rather than as program revenues. Proprietary funds distinguish operating revenues and expenses from non-operating items. Operating revenues and expenses generally result from providing services and products and delivering goods in connection with a proprietary fund's principal ongoing operations. The principal operating revenues of the City's enterprise funds are charges for services to customers for water and sewer sales and services. Operating expenses for enterprise funds include the cost of sales and services, administrative expenses, and depreciation on capital assets. All revenues and expenses, such as fees property owners pay to connect to the utility system, not meeting this definition are reported as non-operating revenues and expenses. Cash and Cash Equivalents For purposes of the statement of cash flows, the proprietary funds consider all highly liquid investments with a maturity of three months or less when purchased to be cash equivalents. Investments Idaho Code provides authorization for the investment of funds as well as specific direction as to what constitutes an allowable investment. City policy is consistent with this direction. The City currently invests in interest bearing bank accounts, certificates of deposit and U.S. Government and U.S. Government Agency bonds. Property Taxes Receivable and Deferred Revenue Within the governmental fund financial statement, property taxes are recognized as revenue when the amount of taxes levied is measurable, and proceeds are available to finance current period expenditures. Available tax proceeds include property tax receivables expected to be collected within sixty days after year end. Property taxes attach as liens on properties on January 1, and are levied in September of each year. Tax notices are sent to taxpayers during November, with tax payments scheduled to be collected on or before December 20. Taxpayers may pay all or one half of their tax liability on or before December 20, and if one half of the amount is paid, they may pay the remaining balance by the following June 20. Since the City is on a September 30 fiscal year end, property taxes levied during September for the succeeding year's collection are recorded as deferred revenue at the City's year end and recognized as revenue in the following fiscal year. Ada County bills and collects taxes for the City. Customer Services Receivable Amounts owed to the City for customer services are due from area residents and businesses and relate to water, sewer and trash services provided by the City. 33 City of Meridian, Idaho Notes to Financial Statements September 30, 2011 Capital Assets Capital assets, which include property, plant, equipment and infrastructure assets (e.g., parks, wells, water and sewer lines and similar items) are reported in the applicable governmental or business -type activities columns in the government -wide financial statements. Capital assets are defined by the government as assets with an initial, individual cost of $5,000 and over for machinery and equipment, $25,000 and over for improvements, buildings, intangibles, and infrastructure, and an estimated useful life in excess of three years. Land acquisitions regardless of cost are recorded as capital assets. All material fixed assets are valued at cost. Donated fixed assets are valued at their estimated fair value on the date donated. The City implemented GASB Statement No. 51, Accounting and Financial Reporting for Intangible Assets in FY2010. This statement requires that the City capitalize and report intangible assets, such as easements and internally created software. To value easements, the City uses current land values calculated from Ada County Assessor's data divided by two, and internally developed software is valued at cost. Depreciation is recorded by use of the straight-line method. The book value of each asset is reduced by equal amounts over its estimated useful life as follows: Estimated Useful Life (,Years) Buildings 30 Sewer plant 25 Sewer and water lines 50 Improvements other than buildings 10-50 Equipment and software 5-20 Public domain infrastructure 40 Maintenance, repairs, and minor renewals are charged to operations as incurred. When an asset is disposed of, accumulated depreciation is deducted from the original cost, and any gain or loss arising from its disposal is credited or charged to operations. Major outlays for capital assets and improvements are capitalized as projects are constructed. Interest costs incurred during construction of capital assets of business -type activities are capitalized when they are material. No interest costs were included as part of the cost of capital assets under construction in the current year. Compensated Absences Payable The City provides vacation and sick leave to its full-time employees. Earned vacation is paid to employees when taken or paid to employees or beneficiaries upon the employees' termination, retirement or death. The City does not pay earned sick pay upon the employees' termination, retirement or death for non-union employees. The Fire Department union members are paid ten percent of their sick leave accrual upon the employees' termination, retirement, or death. The amount of unused vacation accumulated by City employees is accrued as expense when incurred in the Proprietary Fund, which uses the accrual basis of accounting. In the Governmental Funds, only the amount that normally would be liquidated with expendable available financial resources is accrued as current year expenditures. Unless it is anticipated that compensated absences will be used in excess of a normal year's accumulation, no additional expenditures are accrued. 34 City of Meridian, Idaho Notes to Financial Statements September 30, 2011 Risk Management The City is exposed to various risks of loss related to theft of, damage to, or destruction of assets. The City participates in a public entity risk pool, Idaho Counties Risk Management Pool (ICRMP), for liability, medical and disability insurance. The City's exposure to loss from its participation in ICRMP is limited only to the extent of their deductible. Fund Balances The City has changed accounting policies due to the implementation of GASB No. 54 (GASB 54), Fund Balance Reporting and Governmental Fund Type Definitions in FY2011. This statement redefines the elements of fund balance in governmental funds and more clearly describes the different types of governmental funds to make the nature and extent of the constraints placed on a government's fund balance more transparent. Accordingly, the beginning fund balance of certain governmental funds has been restated. The governmental fund types classify fund balances as follows: Fund balance is reported as nonspendable when the resources cannot be spent because they are either legally or contractually required to be maintained intact, or are in a nonspendable form such as inventories, prepaid accounts, and assets held for resale. Fund balance is reported as restricted when the constraints placed on the use of resources are either: (a) externally imposed by creditors, grantors, contributors, or laws or regulations of other governments: or (b) imposed by law through constitutional provisions or enabling legislation. Fund Balance is reported as committed when the City Council passes an ordinance or resolution that places specific constraints on how the resources may be used. The City Council can modify or rescind the ordinance or resolution at any time through passage of an additional ordinance or resolution, respectively. Fund Balance is reported as assigned when it is intended for a specific purpose and the authority to "assign" is delegated to the City's Chief Financial Officer. Unassigned fund balance is the residual classification for the General Fund. This classification represents fund balance that has not been restricted, committed, or assigned within the General Fund. This classification is also used to report any negative fund balance amounts in other governmental funds. The City Council adopted a Fund Balance Policy that establishes a practice of reserving four months of the current year budget of personnel and recurring annual operating costs as minimum fund balance needed to ensure sufficient cash flow to meet the City's obligations. This reserve will be in the unassigned fund balance. This policy also recommends a spending order of restricted, committed, assigned and then unassigned unless Council approves otherwise. 35 City of Meridian, Idaho Notes to Financial Statements September 30, 2011 Net Assets The proprietary fund's contributed capital represents equity acquired through capital grants and capital contributions from developers, customer's or other fiords. In the government -wide financial statements, restrictions of net assets are limited to enabling legislation or outside third -party restrictions. Encumbrances Encumbrance accounting, under which purchase orders, contracts, and other commitments for the expenditure of monies are recorded in order to reserve that portion of the applicable appropriation, is not employed by the City. Estimates The preparation of financial statements in conformity with accounting principles generally accepted in the United States of American requires management to make estimates and assumptions that affect the reported amounts of assets and liabilities and disclosures of contingent assets and liabilities at the date of the financial statements and reported amounts of revenues and expenditures or expenses during the reporting period. Actual results could differ from those estimates. Note 2 - Cash and Investments Cash and investments as of September 30, 2011 are classified in the accompanying financial statements as follows: Cash and cash equivalents $ 7,915,671 Cash and cash equivalents - restricted 607,316 Total cash and cash equivalents $ 8,522,987 Investments $ 50,102,731 Investments - restricted 2,470,917 Total investments $ 52.573,648 Investments Authorized by the State of Idaho and the City of Meridian's Investment Policy Investment types that are authorized for the City of Meridian by the Idaho Code and the City's investment policy are as follows: 1. Local and State Agency Bonds 2. U. S. Agency Bonds 3. U. S. Agency Securities 4. Certificates of Deposit 001 City of Meridian, Idaho Notes to Financial Statements September 30, 2011 Disclosures Relating to Interest Rate Risk Interest rate risk is the risk that changes in market interest rates will adversely impact the fair value of an investment. Generally, the longer the maturity of an investment the greater the sensitivity of its fair value to changes in market interest rates. One of the ways the City manages its exposure to interest rate risk is by purchasing a combination of long and short-term investments. The City keeps funds needed for operations in short-term liquid investments while also maintaining a stable longer-term investment portfolio with duration matched to expected completion of larger capital projects. Generally, overall portfolio duration is maintained between 3 and 3.5 but in the current economic climate with the lack of availability for higher interest longer term investment vehicles, the City's duration has fallen to 2.4. Disclosures Relating to Credit Risk Generally, credit risk is the risk that an issuer of an investment will not fulfill its obligation to the holder of the investment. This is measured by the assignment of a rating by a nationally recognized statistical rating organization. The City's investment policy requires a rating of A or better by Standard & Poor's or other nationally recognized rating agency, unless the investment is a local government bond, in which no rating is required. The ratings of investments subject to credit risk are as follows: Deposits and investments not subject to duration measurement Money market fund Fair Value Rating Investments subject to credit risk Total deposits and investments not subject to Agency bonds $ 36,444,154 AAA Municipal bonds 1,437,951 BAAI Idaho Local Government Investment Pool (LGIP) 10,675,309 Not rated Certificates of deposit 4,016,234 Not rated Money market fund 4,848,512 Not rated Total deposits and investments subject to duration measurement _L -a7.422.160 Concentration of Credit Risk Fair Value Duration Deposit and investments subject to duration measurement Agency bonds $ 36,444,154 2.9 Municipal bonds 1,437,951 3.0 Certificates of deposit 4,016,234 3.0 Idaho Local Government Investment Pool (LGIP) 10,675,309 0.3 Total deposits and investments subject to duration measurement 52,573,648 2.4 Deposits and investments not subject to duration measurement Money market fund 4,848,512 Other cash and cash equivalents 3,674,475 Total deposits and investments not subject to duration measurement 8,522,987 Total deposits and investments $ 61.096.635 37 City of Meridian, Idaho Notes to Financial Statements September 30, 2011 The City's investment policy has no limitations on the amount that can be invested in any one issuer. Investments in any one issuer (other than State investment pools) that represent 5% or more of total City investments are as follows: Issuer Investment Type Reported Amount Percentage Federal Home Loan Bank U.S. Agency Bond $ 10,350,091 20% Fannie Mae U.S. Agency Bond 12,610,618 24% Freddie Mac U.S. Agency Bond 10,365,152 20% Federal Farm Credit Bank U.S. Agency Bond 3,118,293 6% Custodial Credit Risk Custodial credit risk for deposits is the risk that, in the event of the failure of a depository financial institution, a government will not be able to recover its deposits or will not be able to recover collateral securities that are in possession of an outside party. The custodial credit risk for investments is the risk that in the event of the failure of the counterparty (e.g. broker-dealer) to a transaction, a government will not be able to recover the value of its investment or collateral securities that are in the possession of another party. At year end, the carrying amount of the City's cash deposits was $8,522,987 and the bank balance was $9,125,614. Of the bank balance, $4,279,150 was covered by federal depository insurance, $2,000,510 was secured by federal home loan mortgage backed securities and $2,845,954 held in six distinct money market accounts with Charles Schwab as the custodian is covered by the Securities Investor Protection Corporation (SIPC). In addition to the SIPC protection Charles Schwab carries insurance with Lloyds of London in the event of a fraud or failure. No amount of the bank balance was uninsured. All cash is held in The Bank of the Cascades, Washington Federal Savings Bank and Charles Schwab & Co. The City minimizes exposure to custodial credit risk by requiring that investments, to the extent possible, be identified as to City of Meridian ownership and be held in the City's name. All commercial paper, agency bonds and money market funds are held in custody by Charles Schwab & Co. in the City's name. The City further reduces the exposure to credit risk by confining investment to insured levels in any one institution. Investment in State Investment Pools The City is a voluntary participant in the State of Idaho Local Government Investment Pool (LGIP) which is regulated by State of Idaho Code under the oversight of the Treasurer of the State of Idaho. The fair value of the City's investment in the pool is reported in the accompanying financial statements at amounts based on the City's pro -rata share of the fair market value provided by the fund for the entire portfolio. The LGIP is not rated by a nationally recognized statistical rating organization. The LGIP is managed by the State of Idaho Treasurer's office. The funds of the pool are invested in certificates of deposit, repurchase agreements, and U.S. government securities. The certificates of deposit are federally insured. The U.S. government securities and the collateral for the repurchase agreements are held in trust by a safekeeping bank. Interest income earned on pooled investments is allocated to the various funds of the City in proportion to each fund's respective investment balances. 38 City of Meridian, Idaho Notes to Financial Statements September 30, 2011 Note 3 - Due from Other Governmental Units The following summarizes the intergovernmental receivables at September 30, 2011: State of Idaho State Liquor Dispensary $ 98,612 State Tax Commission 718,953 Idaho Transportation Department 3,500 Federal agencies 163,353 Other Governmental Agencies Sept. 30, Meridian Rural Fire District 294,080 Ada County Highway District 40,060 Ada County 194,874 Total Due from Other Governmental Units $ 1.513.432 Note 4 - Capital Assets Changes to capital assets are as follows: Governmental Activities Capital assets, not depreciated: Land Easements Construction in progress Total capital assets, not depreciated Capital assets, depreciated Buildings Improvements other than buildings Internally developed software Equipment Total capital assets, depreciated Less accumulated depreciation for Buildings Improvements other than buildings Internally developed software Equipment Total accumulated depreciation Total net capital assets, depreciated Governmental activities capital assets, net Balance Balance Oct. 1, Sept. 30, 2010 Additions Deletions Transfers 2011 $14,819,704 $ 832,756 $ 1,093 $ $ 15,651,367 217,864 - - 217,864 2,204,043 472,910 - 2,676,953 17,241,611 1,305,666 1,093 18,546,184 30,726,926 324,808 - 31,051,734 14,641,141 109,319 14,750,460 47,027 - - 47,027 9,631,111 2,037,920 420,026 11,249,005 55,046,205 2,472,047 420,026 57,098,226 3,078,027 1,020,407 - (5,505) 4,092,929 2,692,505 729,891 3,237 3,425,633 4,703 9,405 14,108 5,522,902 1,003,654 402,435 2,268 6,126,389 11,298,137 2,763,357 402,435 - 13,659,059 43,748,068 (291,310) 17,591 43,439,167 $60,989,679 $1,014,356 $ 18,684 $ $ 61,985,351 09 Business -type activities Capital assets, not depreciated Land Easements Construction in progress Total capital assets, not depreciated Capital assets, depreciated Buildings and improvements other than buildings Sewer and water lines Machinery and equipment Total capital assets, depreciated Less accumulated depreciation for Buildings and improvements other than buildings Sewer and water lines Machinery and equipment Total accumulated depreciation Total net capital assets, depreciated Business -type activities capital assets, net Balance Oct. 1, 2010 Additions Deletions $ 1,037,055 $ 31,861 $ 100,000 6,921,118 315,827 273,977 8,485,976 3,386,683 - City of Meridian, Idaho Notes to Financial Statements September 30, 2011 Balance Sept. 30, Transfers 2011 $ 168,359 $ 1,137,275 - 6,962,968 (5,209,385) 6,663,274 16,444,149 3,734,371 373,977 (5,041,026) 14,763,517 50,938,065 327,828 - 2,997,180 54,263,073 132,364,700 3,718,293 - 798,894 136,881,887 24,634,039 695,164 1,324,342 1,244,952 25,249,813 207,936,804 4,741,285 1,324,342 5,041,026 216,394,773 11,026,637 2,182,493 (6,223) 13,202,907 21,979,754 2,691,676 - - 24,671,430 7,926,978 1,448,787 363,219 6,223 9,018,769 40,933,369 6,322,956 363,219 - 46,893,106 167,003,435 (1,581,671) 961,123 5,041,026 169,501,667 $ 183,447,584 $ 2,152,700 $1,335,100 $ - $184,265,184 Depreciation expense was charged to functions/programs of the City as follows: Governmental activities General government Public safety Community planning and development Parks and recreation Total depreciation expense - governmental activities Business -type activities Water and Sewer Total depreciation expense - business -type activities $ 997,798 945,458 6,719 813,382 $ 2,763,357 $ 6,322,956 $ 6,322,956 GLI; Note 5 - Interfund Balances and Transfers The following transfers were made for the purpose of funding operations: Transfer out: General fund Enterprise fund Total transfers City of Meridian, Idaho Notes to Financial Statements September 30, 2011 Transfer In Capital General Projects Fund Fund Total $ - $ 600,722 $ 600,722 1,218,294 - 1,218,294 $ 1.218.294 $ 600.722 $ 1.819.016 The transfer from the general fund to the capital projects fund was a transfer of cash funds requested by City Council. The transfer from the enterprise fund to the general fund was related to personnel and operating costs that were paid by the general fund during FY2011. As of September 30, 2011, there were no internal balances due to or from other funds. Note G - Changes in Long -Term Debt The following is a summary of changes in long-term debt of the City for the year ended September 30, 2011. 41 Balance Due Oct. 1, Debt Debt Sept. 30, Within 2010 Issued Retired 2011 One Year Governmental activities Accrued vacation $ 1.058.246 _L_11 .536 $ $ 1.139.782 $ 113.978 Business -type activities Accrued vacation $ 162.558 $ $ (61 $ 162.552 $ 16.255 41 City of Meridian, Idaho Notes to Financial Statements September 30, 2011 Note 7 - Fund Balances — Governmental Funds As of September 30, 2011 fund balances were classified as follows: Nonspendable - the City's nonspendable fund balance was for prepaid expenses in the amount of $119,984. Restricted - the City had restricted fund balances of: $3,077,450 for impact fees as mandated by the State of Idaho and $22,297 for grant revenues per the grant agreement. Assigned - $1,884,789 is assigned for the budget of fund balance to be spent in FY2012 (carry forward amounts), $2,569,266 is assigned for the Capital Projects Funds (General Fund capital construction projects), and $2,089,201 is assigned for the public safety capital projects or purchases. Unassigned - this classification represents fund balance that has not been restricted, committed, or assigned within the General Fund. Note 8 - Lease Agreements The City leases land and office equipment, under operating leases. The equipment lease agreements cover various periods starting July 25, 2006 through July 22, 2014 and the minimum annual payments range from $2,166 to $5,599. The land lease was entered into July 24, 2007 and is year to year with an annual payment of $16,355. Total rental expense in FY2011 for all operating leases (which include rental, maintenance and usage) was approximately $160,000. Future minimum annual lease payments for operating leases with remaining lease terms in excess of one year are as follows: Operating Leases 2012 2013 2014 Total minimum obligations 52,125 33,430 7,561 $ 93,116 EPA City of Meridian, Idaho Notes to Financial Statements September 30, 2011 Note 9 - Defined Benefit Pension Plan The City participates in the Public Employee Retirement System of Idaho (PERSI) - The PERSI Base Plan, a cost sharing multiple -employer public retirement system administered by the State of Idaho. It is a defined benefit plan requiring contributions from the covered member and the employer. The Plan provides benefits based on members' years of service, age, and compensation. In addition, benefits are provided for disability, death, and survivors of eligible members or beneficiaries. The authority to establish and amend benefit provisions is established in Idaho Code. Designed as a mandatory system for eligible state and school district employees, the legislation provided for other political subdivisions to participate by contractual agreement with PERSI. Financial reports for the plan are available on the PERSI website or in print upon request. After 5 years of credited service, members become fully vested in retirement benefits earned to date. Members are eligible for retirement benefits upon attainment of the ages specified for their employment classification. For each month of credited service, the annual service retirement allowance is 2.0% (2.3% police/firefighter) of the average monthly salary for the highest consecutive 42 months. The contribution requirements of the City of Meridian and its employees are established and may be amended by the PERSI Board of Trustees. For the year ended September 30, 2011, the required contribution rates as a percentage of covered payroll for members are as follows: Employee Employer General Member 6.23% 10.39% Police and Fire Member 7.69% 10.73% Contributions required and paid for the last three years were: FY2009 FY2010 FY2011 $ 1,699,494 $ 1,812,183 $ 1,948,165 43 City of Meridian, Idaho Notes to Financial Statements September 30, 2011 Note 10 - Other Commitments The City has the following commitments at September 30, 2011 Commitment Purpose of Agreement Amount ACHD Cooperative agreements for water and sewer lines $ 144,875 Alloway Electric Pedestrian lighting 29,016 APSCO, Inc W WTP turbo blowers 280,000 BBC Research Fair housing study 20,380 Brown & Caldwell Engineering services for water and sewer projects 138,050 CH2MHill Engineering services for water and sewer projects 70,679 Civil Survey Engineering services for water and sewer projects 99,920 Clima-Tech Corp City Hall HVAC digital control installation 338,583 Ewing Co, Inc Construction of W WTP filter building 448,863 Bethany Gadzinski Professional services for grant project 13,500 HDR Engineering Engineering services for water and sewer projects 95,649 HydroLogic Hydrogeologic engineering for water projects 162,641 Interact Business Professional services for training facility business plan 10,700 JUB Engineers Engineering services for water and sewer projects 54,995 Keller Associates Engineering services for water and sewer projects 14,602 Kreizenbeck Construction Construction management for City Hall repairs 93,161 Lawn Co Landscape maintenance service for parks and fire 134,620 Lynda Friesz Public Relations Professional services for South Meridian outreach 20,020 Muray, Smith & Associates Engineering services for water and sewer projects 203,438 Parametrix Engineering services for water and sewer projects 77,317 Performance Systems Construction of W WTP clarifier retrofit 557,519 Power Plus, Inc Street lighting for grant project 132,621 Resource Data, Inc Professional services for GIS easement conversion 14,623 Star Construction Construction of W WTP grit system improvements 39,779 Titan Technologies Construction of 8th Street sewer rehab project 160,908 Treasure Valley Drilling Construction of Well 29 34,230 Varsity Contractors Janitorial services for city buildings 108,579 Total Commitments $ 3.499.268 Note 11 - Other Post -Employment Benefits The City provides post employment health care to retirees of the Fire Union members only. To be eligible for the benefits, a fire union employee must qualify under PERSI's "Rule of 80" by points, age, medical disability, or by any method in existence at the time of retirement allowed by PERSI. This post employment health care benefit is the value of 25% of their sick leave balance at the time of retirement, set aside to pay the health insurance premium for the employee only until the cash value is depleted. 44 City of Meridian, Idaho Notes to Financial Statements September 30, 2011 With such a small pool of employees eligible for this post employment benefit, it is the City's position that it is not cost effective to have an actuarial determination performed to calculate the ARC (Annual Required Contribution) as required by GASB 45. In accordance with GASB 45 the City has 30 years to accrue the unfunded portion of any existing liability. The cumulative amount for fiscal year 2011 is immaterial; therefore the City did not accrue a liability for this fiscal year. Note 12 - Contingent Liabilities The City has been named as a defendant in various legal actions, the results of which are not presently determinable, except as described below. However, in the opinion of the City Attorney, the amount of losses that might be sustained, if any, would not materially affect the City's financial position. The City has a contingent liability where the probability of loss is high and the amount is determinable. The City entered into ligation with the City Hall construction manager concerning the scope and quality of the construction manager's work. The City lost the case and The District Court of the Fourth Judicial District awarded the plaintiff disputed construction management fees, along with attorney fees, costs and interest. The District Court stayed the need to pay the judgment until conclusion of the City's appeal to the Idaho Supreme Court which may not occur for several months subsequent to the fiscal year end. At year-end September 30, 2011 in the government -wide statements the City has recorded the additional construction management fees in the amount of $324,800 and the Plaintiff's costs, interest, and legal fees in the amount of $1,994,156. The City is incurring interest at 5.25% or $330.48 per day on these amounts until they are paid or the City prevails at the conclusion of the appeal. Under the terms of federal and state grants, periodic audits are required and certain costs may be questioned as not being appropriate expenditures under the terms of the grants. Any disallowed clams, including amounts already collected, could become a liability of the City. City management believes disallowances, if any, will not be material. Note 13 - Related Party The City partners with Meridian Development Corporation (MDC) for various downtown improvements. During the year ended September 30, 2011, the City reimbursed MDC $8,836 for a CDBG street lighting grant project and received $1,637 for various items reimbursed by MDC. Note 14 - Component Unit The MDC is created by and exists under the Idaho Urban Renewal Law of 1965, as amended, and is a separate and legal entity. The following is a summary of the significant disclosures required for a fair presentation of the component unit in the City's financial statements. 45 City of Meridian, Idaho Notes to Financial Statements September 30, 2011 Note 14A - MDC — Capital Assets Changes to capital assets are as follows: M Balance Balance Oct. 1, Sept. 30, 2010 Additions Deletions Transfers 2011 Governmental Activities Capital assets, not depreciated CIP $ 184,210 $ 1,867,228 $ $ $ 2,051,438 Land 1,311,358 1,311,358 Total capital assets, not depreciated 1,495,568 1,867,228 3,362,796 Capital assets, depreciated Buildings 502,517 - 502,517 Equipment 96,719 96,719 Leasehold improvements 83,023 - - - 83,023 Intangibles 135,048 5,850 140,898 Total capital assets, depreciated 817,307 5,850 823,157 Less accumulated depreciation for Buildings (25,126) (16,750) (41,876) Equipment (8,577) (9,233) (17,810) Leasehold improvements (6,298) (12,595) (18,893) Intangibles (13,481) (35,861) (49,342) Total accumulated depreciation (53,482) (74,439) (127,921) Total net capital assets, depreciated 763,825 (68,589) 695,236 Governmental activities capital assets, net$ 2,259,393 _LI198 $ $ - $ 4,058.032 M City of Meridian, Idaho Notes to Financial Statements September 30, 2011 Note 14B - MDC - Changes in Long -Term Debt MDC has a $500,000 promissory note with the Bank of the Cascades to acquire property for redevelopment and public parking. The note was issued October 16, 2007 and has a maturity date of November 1, 2017. The note has an interest rate of 5.115 % and requires monthly payments of $3,332 and is collateralized with future tax revenues. During Fiscal Year 2011, MDC obtained two promissory notes, totaling $2,850,000 with Washington Trust Bank which paid the Bank of Cascades note in full. These notes payable were incurred in order to complete a building to be sold as a condominium and office space units. The first note (Series 2011 A) is for $1,576,000 and matures on March 5, 2012. The second note (Series 201113) is for $1,274,000 and matures on March 5, 2022. Proceeds from the sales of the units are to be used to repay these notes. Funds from both notes are received on a draw -down basis as the money is needed to perform work on the building. The Series 2011A Note for $1,576,000 requires interest -only payments of 3.24% until the maturity date of March 5, 2012, in which the outstanding balance is due in full. The balance of the loan (total draw downs) at September 30, 2011 was $1,327,399. The 2011 B Note for $1,274,000 requires interest -only payments of 3.89% until March 5, 2012. Monthly payments of principal and interest are payable beginning April 5, 2012. In addition, a principal payment of $241,000 is due on March 5, 2012. The balance of this loan (total draw downs) at September 30, 2011 was$6,597. The outstanding balance associated with the Series 2011 A and B Notes are due in full during 2012. The collateral on the Series 2011 A and B Notes is the property. MDC's debt agreements are subject to restrictive covenants related to maintenance of financial records, insurance coverage, financial ratios, and continuing operations. During the current fiscal year, MDC was not in compliance with its debt service coverage ratio. In fiscal year 2010, MDC entered into a lease for a copier for the business incubator for a period of 19 months. Payments are $213 per month beginning in February 2010 for a total cost of $4,043. The carrying amount is $282 ($3,875, net of accumulated depreciation of $3,593) as of September 30, 2011. The following is a summary of changes in long-term debt of MDC for the year ended September 30, 2011. Balance Balance Oct. 1, Sept. 30, 2010 Debt Issued Debt Retired 2011 Governmental Activities Lease payable- copier $ 2,752 $ - $ (2,470) $ 282 Note payable - building 450,787 1,333,996 (450,787) 1,333,996 Governmental activities liabilities $ 453.539 $ 1.333.996 $ (453.2571 $ 1.334,278 Note 14C - MDC - Commitments MDC budgeted for several projects in Fiscal Years 2011 and 2010 that had not been completed as of September 30, 2011. This includes improvements to the Church of the Harvest for $35,000. None of the work has begun yet. Also included is engineering/LEED fundamental commissioning for the office/condo building. $4,225 is committed for completion of this work. The balance left for the construction contract for the office/condo building was approximately $982,000. However, there was $1,516,000 in loan funds still available to be used for this contract as of September 30, 2011. 47 City of Meridian, Idaho Notes to Financial Statements September 30, 2011 Note 14D - MDC - Related Party Transactions MDC partners with the City of Meridian for various downtown improvements. As of September 30, 2011, total expenditures were $1,637. In addition, MDC had a contract with Red Sky Public Relations for administrative services and a contract for public relations and marketing. Pursuant to the agreement, MDC paid $8,333 per month for administration, which accounted for about $100,000 in expenses for the year. In addition, $31,752 was paid to Red Sky Public Relations for public relations and marketing expenses. As of September 30, 2011, $12,314 was outstanding as a payable to Red Sky Public Relations. W Required Supplementary Information September 30, 2011 City of Meridian, Idaho www.eidebailly.com City of Meridian, Idaho Schedule of Revenues, Expenditures, and Changes in Fund Balance - Budget and Actual - General Fund Year Ended September 30, 2011 Revenues Taxes Licenses and permits Intergovernmental Franchise fees Fines and forfeitures Charges for services Impact revenues Donations Interest Miscellaneous Total revenues Expenditures General government personnel costs General government operating expense Public safety Police personnel costs Police operating expenses Fire personnel costs Fire operating expenses Parks and recreation personnel costs Parks and recreation operating expenses Community planning and development personnel costs Community planning and development operating expenses Debt service Principal Interest Capital outlay General government Public safety Police Fire Parks and recreation Community planning and development Total expenditures Excess (Deficiency) of Revenues over (Under) Expenditures Budgeted Amounts _ Variance Actual With Original Final Amounts Final Budget 18,950,000 $ 18,950,000 $ 19,416,599 $ 466,599 2,180,000 2,693,211 2,511,209 (182,002) 5,546,097 5,824,015 5,895,076 71,061 1,325,000 1,325,000 1,351,868 26,868 405,000 405,000 434,096 29,096 721,000 672,920 846,743 173,823 1,255,000 1,255,000 1,124,716 (130,284) 12,000 24,030 54,632 30,602 325,000 325,000 312,375 (12,625) - 10,000 93,503 83,503 30,719,097 31,484,176 32,040,817 556,641 3,053,156 3,050,850 2,886,584 164,266 2,637,802 6,456,466 3,291,521 3,164,945 9,667,344 9,681,118 9,002,954 678,164 1,823,170 2,068,451 1,669,748 398,703 6,884,461 6,884,461 6,653,712 230,749 866,088 867,588 849,649 17,939 1,621,334 1,621,334 1,354,617 266,717 1,310,979 1,310,979 1,054,904 256,075 1,103,697 1,124,929 1,033,123 91,806 910,376 1,097,107 1,004,761 92,346 796,580 812,926 610,015 202,911 905,431 727,950 617,282 110,668 450,000 460,800 482,343 (21,543) 2,336,066 3,060,643 1,411,631 1,649,012 150,000 150,000 150,000 - 34,516,484 39,375,602 32,072,844 7,302,758 (3,797,387) (7,891,426) (32,027) 7,859,399 See Notes to Required Supplementary Information 49 City of Meridian, Idaho Schedule of Revenues, Expenditures, and Changes in Fund Balance — Budget and Actual — General Fund Year Ended September 30, 2011 Budgeted Amounts Original Final Other Financing Sources (Uses) Variance Actual With Amounts Final Budget Operating transfer in 2,115,218 2,115,456 2,041,430 (74,026) Operating transfer out (804,921) (1,405,881) (1,423,858) (17,977) Unrealized gain (loss) on investments - - (84,605) (84,605) Gain on sale of capital assets - - 22,565 22,565 Total Other Financing Sources (Uses) 1,310,297 709,575 555,532 (154,043) Excess (Deficiency) of Revenues and Other Sources (Uses) over (Under) Expenditures Fund Balance, Beginning of Year Fund Balance, End of Year (2,487,090) (7,181,851) 523,505 7,705,356 25,121,917 25,121,917 25,121,917 _L 22,634,827 $ 17,940,066 $ 25,645,422 $ 7,705,356 See Notes to Required Supplementary Information 50 City of Meridian, Idaho Notes to Required Supplementary Information September 30, 2011 Note 1 - Budgets and Budgetary Accounting The City follows these procedures in establishing the budgetary data reflected in the financial statements: Prior to September 1, the CFO, Mayor and City Council prepare a proposed operating budget for the fiscal year commencing on October 1. The operating budget includes proposed expenditures and the means of financing them. Public hearings are conducted at City Hall to obtain taxpayer comments. Prior to October 1, the budget is legally enacted through passage of an ordinance. Budgets are not adopted on a basis consistent with generally accepted accounting principles (GAAP) for the general fund. Budgets for enterprise funds are not legally required but are adopted on a non -GAAP basis. All annual appropriations lapse at fiscal year end. Revisions that alter the total expenditure appropriation of any fund must be approved by the City Council. State law does not allow fiord expenditures to exceed fund appropriations. The budget presented in the report has been amended. Formal budgetary integration is employed as a management control device during the year for all funds. 51 Other Information September 30, 2011 City of Meridian, Idaho www.eidebailly.com City of Meridian, Idaho Schedule of Revenues, Expenditures and Changes in Fund Balance —Budget and Actual —Capital Improvement Fund Year Ended September 30, 2011 Budgeted Amounts Variance Actual With Original Final Amounts Final Budget Revenues Interest $ - $ - $ 4,159 $ 4,159 Miscellaneous - Total revenues - - 4,159 4,159 Expenditures General government capital outlay 1,678,768 158,024 1,520,744 Total expenditures 1,678,768 158,024 1,520,744 Excess (Deficiency) of Revenues over(Under)Expenditures (1,678,768) (153,865) 1,524,903 Other Financing Sources (Uses) Operating transfer in 600,722 600,722 Operating transfer out - - - - Umealized gain (loss) on investments - - 1,307 1,307 Total Other Financing Sources 600,722 602,029 1,307 Excess (Deficiency) of Revenues and Other Sources (Uses) over (Under) Expenditures (1,078,046) 448,164 1,526,210 Fund Balance, Beginning of Year 1,078,046 1,078,046 1,078,046 Fund Balance, End of Year $ 1,078,046 $ - $ 1,526,210 $ 1,526,210 52 City of Meridian, Idaho Schedule of Revenues, Expenditures and Changes in Fund Balance — Budget and Actual — Enterprise Fund Year Ended September 30, 2011 Revenues Water sales Sewer sales Sale of meters Trash billing service Engineering fees Assessment revenue and cash donations Interest Miscellaneous Total revenues Expenditures Administration personnel costs Administration operating expenses Water personnel costs Water operating expenses Wastewater personnel costs Wastewater operating expenses Capital outlay Capital reimbursements less depreciation & loss on disposals Total expenditures Excess (Deficiency) of Revenues over (Under) Expenditures Other Financing Sources (Uses) Operating transfer out Unrealized gain(loss) on investments Gain(loss) on Sale of capital assets Budgeted Amounts Original 7,200,000 12,000,000 150,000 480,000 35,000 3,075,000 500,000 Final $ 7,200,000 12,000,000 100,000 480,000 35,000 3,075,000 500,000 8,480 Actual Amounts $ 6,783,014 11,933,079 125,448 511,761 84,274 2,996,293 386,311 311,601 Variance With Final Budget $ (416,986) (66,921) 25,448 31,761 49,274 (78,707) (113,689) 303,121 23,440,000 23,398,480 23,131,781 (266,699) 2,445,090 2,445,091 2,319,780 125,311 1,977,978 2,871,979 2,216,525 655,454 1,396,018 1,396,018 1,205,508 190,510 4,797,877 4,202,616 3,745,609 457,007 2,153,542 2,153,542 1,943,982 209,560 6,189,545 5,128,339 6,545,398 (1,417,059) 14,786,731 12,122,122 6,894,288 5,227,834 (4,316,283) (4,316,283) (7,658,056) 3,341,773 29,430,498 (5,990,498) (1,310,298) 26,003,423 (2,604,943) (1,310,298) 17,213,034 5,918,747 (1,218,294) (59,494) (1,364,504) 8,790,389 8,523,690 92,004 (59,494) (1,364,504) Total Other Financing Sources (Uses) (1,310,298) (1,310,298) (2,642,292) (1,331,994) Excess (Deficiency) of Revenues and Other Sources (Uses) over (Under) Expenditures Fund Balance, Beginning of Year Fund Balance, End of Year (7,300,796) (3,915,241) 3,276,455 7,191,696 30,430,563 30,430,563 30,430,563 $ 23,129,767 $ 26,515,322 $ 33,707,018 $ 7,191,696 53 Eider Bailly. CPAs 6, BUSINESS ADVISORS Report on Internal Control over Financial Reporting and on Compliance and other Matters Based on an Audit of Financial Statements Performed in Accordance with GovernmentAuditing Standards Mayor and Members of the City Council City of Meridian, Idaho Meridian, Idaho We have audited the financial statements of the governmental activities, the business -type activities, the discretely presented component unit, and the major fund of the City of Meridian, Idaho (the City), as of and for the year ended September 30, 2011, which collectively comprise the City's basic financial statements and have issued our report thereon dated February 08, 2012. The auditor's opinion included an explanatory paragraph on the adoption of GAS13 Statement No. 54, Fund Balance Reporting and Governmental Fund Type Definitions. We conducted our audit in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Internal Control over Financial Reporting In planning and performing our audit, we considered the City's internal control over financial reporting as a basis for designing our auditing procedures for the purpose of expressing our opinions on the financial statements, but not for the purpose of expressing an opinion on the effectiveness of the City's internal control over financial reporting. Accordingly, we do not express an opinion on the effectiveness of the City's internal control over financial reporting. A deficiency in internal control exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct misstatements on a timely basis. A material weakness is a deficiency, or a combination of deficiencies, in internal control such that there is a reasonable possibility that a material misstatement of the entity's financial statements will not be prevented, or detected and corrected on a timely basis. Our consideration of internal control over financial reporting was for the limited purpose described in the first paragraph of this section and was not designed to identify all deficiencies in internal control over financial reporting that might be deficiencies, significant deficiencies, or material weaknesses. We did not identify any deficiencies in internal control over financial reporting that we consider to be material weaknesses, as defined above. www.eideboilly.com 54 877 W. Main SI., St.. 800 1 Boise, ID 83702-5858 1 T 208.344.7150 1 F 208.344.7435 1 EOE Compliance and other Matters As part of obtaining reasonable assurance about whether the City's financial statements are free of material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements, noncompliance with which could have a direct and material effect on the determination of financial statement amounts. However, providing an opinion on compliance with those provisions was not an objective of our audit, and accordingly, we do not express such an opinion. The results of our tests disclosed no instances of noncompliance or other matters that are required to be reported under Government Auditing Standards. This report is intended solely for the information and use of the Mayor and members of City Council, federal awarding agencies and pass-through entities, and management of the City of Meridian, Idaho and is not intended to be and should not be used by anyone other than these specified parties. Very truly yours, .z G Boise, Idahho���� February 08, 2012 55 Eid` Badly, 'CPAs 6 BUSINESS ADVISORS Independent Auditor's Report on Compliance with Requirements that Could Have a Direct and Material Effect on Each Major Program and on Internal Control over Compliance in Accordance with OMB Circular A-133 Mayor and Members of the City Council City of Meridian, Idaho Meridian, Idaho Compliance We have audited the City of Meridian, Idaho's (the City's) compliance with the types of compliance requirements described in the OMB Circular A-133 Compliance Supplement that could have a direct and material effect on each of the City's major federal programs for the year ended September 30, 2011. The City's major federal programs are identified in the summary of auditor's results section of the accompanying schedule of findings and questioned costs. Compliance with the requirements of laws, regulations, contracts, and grants applicable to each of its major federal programs is the responsibility of the City's management. Our responsibility is to express an opinion on the City's compliance based on our audit. We conducted our audit of compliance in accordance with auditing standards generally accepted in the United States of America; the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States; and OMB Circular A-133, Audits of States, Local Governments, and Non -Profit Organizations. Those standards and OMB Circular A-133 require that we plan and perform the audit to obtain reasonable assurance about whether noncompliance with the types of compliance requirements referred to above that could have a direct and material effect on a major federal program occurred. An audit includes examining, on a test basis, evidence about the City's compliance with those requirements and performing such other procedures as we considered necessary in the circumstances. We believe that our audit provides a reasonable basis for our opinion. Our audit does not provide a legal determination of the City's compliance with those requirements. In our opinion, the City of Meridian, Idaho, complied, in all material respects, with the compliance requirements referred to above that could have a direct and material effect on each of its major federal programs for the year ended September 30, 2011. Internal Control over Compliance Management of the City is responsible for establishing and maintaining effective internal control over compliance with the requirements of laws, regulations, contracts, and grants applicable to federal programs. In planning and performing our audit, we considered the City's internal control over compliance with the requirements that could have a direct and material effect on a major federal program to determine the auditing procedures for the purpose of expressing our opinion on compliance and to test and report on internal control over compliance in accordance with OMB Circular A-133, but not for the purpose of expressing an opinion on the effectiveness of internal control over compliance. Accordingly, we do not express an opinion on the effectiveness of the City's internal control over compliance. www.eidebailly.com 56 877 W. Moi. SI., Ste. 800 1 Boise, IO 837025858 1 T 208.344.7150 1 F 208.344.7435 1 EOE A deficiency in internal control over compliance exists when the design or operation of a control over compliance does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct, noncompliance with a type of compliance requirement of a federal program on a timely basis. A material weakness in internal control over compliance is a deficiency, or combination of deficiencies, in internal control over compliance, such that there is a reasonable possibility that material noncompliance with a type of compliance requirement of a federal program will not be prevented, or detected and corrected, on a timely basis. Our consideration of internal control over compliance was for the limited purpose described in the first paragraph of this section and was not designed to identify all deficiencies in internal control over compliance that might be deficiencies, significant deficiencies, or material weaknesses. We did not identify any deficiencies in internal control over compliance that we consider to be material weaknesses, as defined above. This report is intended solely for the information and use of the Mayor and the members of City Council, federal awarding agencies and pass-through entities, and management of the City and is not intended to be and should not be used by anyone other than these specified parties. X/ LG 7e' Boise, Idahooz February 08, 2012 57 Single Audit Section September 30, 2011 City of Meridian, Idaho www.eideboilly.com City of Meridian, Idaho Schedule of Findings and Questioned Costs Year Ended September 30, 2011 Section I — Summary of Auditor's Results Financial Statements Type of auditor's report issued: Unqualified Internal control over financial reporting: Material weakness(es) identified? No Significant deficiency(s) identified not considered to be material weakness(es)? None Reported Noncompliance material to financial statements noted? No Federal Awards Internal control over major programs: Material weakness(es) identified? No Significant deficiency(s) identified not considered to be material weakness(es)? None Reported Type of auditors' report issued on compliance for major program: Unqualified Any audit findings disclosed that are required to be reported in Accordance with Circular A-133, Section .510(a)? No Identification of major programs: Name of Federal Program or Cluster CFDA Number U.S. Department of Housing & Urban Development Cluster Community Development Block Grant — entitlement grant 14.218 ARRA — Community Development Block Grant 14.253 ARRA — Public Saftey Partnership and Community Policing Grants 16.710 Dollar threshold used to distinguish between Type A and Type B programs? $300,000 Auditee qualified as low-risk auditee? Yes Section II—Financial Statement FIndings None Section III - Federal Award Findings and Questioned Costs None 58 City of Meridian, Idaho Schedule of Expenditures of Federal Awards Year Ended September 30, 2011 US Dept of Homeland Security Passed Through Idaho State Dept Military Division Homeland Security Grant Program Federal CFDA Pass -Through Federal Federal Grantor/ Program Title Number Grantor's Number Expenditures US Dept of Agriculture Forest Service 22,242 Total US Dept of Defense Passed Through Idaho State Department of Lands 23,607 ARRA - Wildland Fire Management 10.688 10 -DG -11048211-023 $ 44,470 ARRA - Public Safety Partnership and Community Policing Grants 44,470 US Dept of Energy 147,343 Edward Byrne Memorial Justice Assistance Grant ARRA - Energy Efficiency and Conservation Block Grant 81.128 72,158 Total US Dept of Energy 72,158 US Dept of Health & Human Services ARRA - Edward Byrne Memorial Justice Assistance Grant 16.804 Drug Free Communities Support Program 93.276 129,415 Total US Dept of Health & Human Services 2009 -1I2763 -ID -DJ 129,415 US Dept of Housing & Urban Development Community Development Block Grant - entitlement grant 14.218 175,301 ARRA Community Development 14.253 6,056 Total US Dept of Housing & Urban Development 181,357 US Dept of Homeland Security Passed Through Idaho State Dept Military Division Homeland Security Grant Program 97.067 2007GET70014 1,365 Homeland Security Grant Program 97.067 2008GLT80044 22,242 Total US Dept of Defense 23,607 US Dept of Justice ARRA - Public Safety Partnership and Community Policing Grants 16.710 147,343 Edward Byrne Memorial Justice Assistance Grant 16.738 31,281 Passed Through Ada County Sheriffs Office ARRA - Edward Byrne Memorial Justice Assistance Grant 16.804 2009 -G0551 -ID -SB 50,920 Edward Byrne Memorial Justice Assistance Grant 16.738 2009 -1I2763 -ID -DJ 32,005 Passed Through Idaho State Dept of hivenile Corrections Enforcing Underage Drinking Laws Program 16.727 08-LE42-01 4,404 Total US Dept of Justice 265,953 US Dept of Transportation Passed Through Idaho Stale Dept of Transportation State and Community Highway Safety Seat Belts/AggressiveDriving 20.600 PT -2011-21-00-00 2,570 Aggressive Driving Mobilization 20.600 PT -2011-01-00-00 3,500 Seat Belt Mobilization 20.600 SB -2011-01-00-00 6,000 Aggressive Driving Mobilization 20.600 SP -2011-01-00-00 3,500 Total US Dept of Transportation 15,570 Total Expenditures of Federal Awards $ 732,530 See Notes to Schedule of Federal Awards 59 City of Meridian, Idaho Notes to Schedule of Expenditures of Federal Awards September 30, 2011 Note 1 - Basis of Presentation The accompanying Schedule of Expenditures of Federal Awards (the Schedule) presents the activity of all federal grant activity of the City under programs of the federal government for the year ended September 30, 2011. The information in this schedule is presented in accordance with the requirements of OMB Circular A-133, Audits of States, Local Governments, and Non -Profit Organizations. Because the Schedule presents only a selected portion of the operation of the City, it is not intended to and does not present the financial position, changes in net assets, or cash flows of the City. Note 2 - Basis of Presentation a) Expenditures reported on the Schedule are reported on an accrual basis of accounting. b) Pass-through entity identifying numbers are presented where available. Note 3 - Subrecipients The City administers certain federal awards programs through sub recipients. Of the federal expenditures presented in this schedule, City of Meridian provided federal awards to sub recipients as follows: Amount Provided to Sub - Program Title CFDA Number Recipients Community Development Block Grant - Entitlement Subrecipient BCACHA -Ada County Housing Authority Boys & Girls Club Homeownership Assistance Meridian Food Bank Neighborhood Housing Services Senior Center Total provided to sub -recipients 14.218 $ 76,523 Amount to Sub -Recipients $ 5,000 6,282 10,000 40,103 14,119 1,019 $ 76,523 .4 Meridian City Council Meeting DATE: ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Mayor's Office: Strategic Plan Update MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Clerk's Office, Code Enforcement, and Legal Department: Temporary Use Permit Code Updates - Proposed Time Limit Extension for Temporary Sales Units, Garage Sale Frequency Clarification, and Temporary Construction Site Standards MEETING NOTES ���n l()A Q� A , � M am- W Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS DRAFT Clerk's Office/Legal Department Report • February 14, 2012 CITY OF MERIDIAN ORDINANCE NO. BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING MERIDIAN CITY CODE SECTION 3-4-3(C)(5)(c), RELATING TO TIME LIMITATIONS FOR TEMPORARY SALES UNITS; AMENDING MERIDIAN CITY CODE SECTION 3-4- 3(C)(8)(b)(1), RELATING TO FREQUENCY OF GARAGE SALES; AMENDING MERIDIAN CITY CODE SECTION 3-4-3(C)(9), RELATING TO LITTER AT CONSTRUCTION SITES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, by the adoption of Ordinance nos. 08-1354, 08-1371, 08-1356, 09-1430, 10-1453, and 10-1464, the City Council of the City of Meridian has instituted a procedure by which outdoor sales and temporary uses occurring in the City of Meridian are required to meet minimum standards for the purpose of protecting the health, safety, and welfare of Meridian residents and other participants in such outdoor sales and temporary uses; WHEREAS, the permitting procedure and standards have been found to encourage outdoor sales and temporary uses that complement permanent City of Meridian businesses; that are safe, attractive, and desirable; that add variety to the shopping and/or dining opportunities available in Meridian; and that support and facilitate community events and celebrations; WHEREAS, the changes to the Outdoor Sales and Temporary Uses ordinance set forth herein are intended to improve and refine the processes and standards established therein, specifically, to length the allowed time period for temporary sales units and to clarify the provisions establishing the allowed frequency of garage sales; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO: Section 1. That Meridian City Code section 3-4-3(C)(5)(c) is hereby amended to read as follows: Standards For Temporary Sales Units: c. For temporary sales units that stay on the site for the full duration of the use, such uses shall be limited to a period of time not to exceed sixty(60) ninety (90) days, whether such days are consecutive or not, per property per calendar year. The location of a temporary sales unit on a site for any portion of a day shall constitute one day for purposes of this subsection. Section 2. That Meridian City Code section 3-4-3(C)(8)(b)(1) is hereby amended to read as follows: 8. Standards For Garage, Yard And Similar Sales: FEBRUARY 2012 UPDATE OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 1 OF 3 DRAFT Clerk's Office/Legal Department Report • February 14, 2012 b. It shall be unlawful for any person to conduct a garage sale at any one address: (1) At which four (4) or more garage sales have been conducted by any person within the preeed,'g ^ three hundred si*J� five (365) da'current calendar year. r (2) At which a garage sale has been conducted by any person within the previous thirty (30) days. (3) For longer than three (3) consecutive days. (4) Between the hours of ten o'clock (10:00) p.m. and six o'clock (6:00) a.m. Section 2. That Meridian City Code section 3-4-3(C)(9) is hereby amended to read as follows: 9. Standards For Temporary Construction Sites: a.Temporary construction site property owners shall comply with all provisions and standards of this chapter and any and all applicable provisions of law, except that a city of Meridian temporary use permit shall not be required, and the provisions of subsections B 1 through B6 of this section shall not apply. b. It shall be unlawful for any person to operate a temporary construction site on a property at which there is no approved and valid plat, certificate of zoning compliance, and/or building permit. All temporary construction sites shall be consistent with such approved plat, certificate of zoning compliance, and/or building permit. c. It shall be unlawful for any person to conduct processing or other industrial activities on a temporary construction site unless such activities are directly associated with a valid plat, certificate of zoning compliance, and/or building permit. d. It shall be unlawful for any person to store materials and/or equipment on a temporary construction site that are not directly associated with a valid plat, certificate of zoning compliance, and/or building permit. e. It shall be unlawful for any person to place construction management trailers on a temporary construction site unless such trailers are needed to supervise the temporary construction site on a regular basis. f It shall be unlawful for any person to operate a temporary construction site in any manner which creates a hazard to public health or safety. g. It shall be unlawful for any person to store construction materials or equipment in or upon a public right-of-way, except as specifically allowed by license or permit issued by the right-, of -way agency. FEBRUARY 2012 UPDATE OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 2 OF 3 DRAFT Clerk's Office/Legal Department Report • February 14, 2012 h. Discarded materials, rubbish, andag rbage generated at or carried onto a temporary construction site shall be enclosed in a container meeting the requirements of Title 4 Chapter 1 Meridian City Code. g i. Temporary construction site property owners shall incorporate all extracted materials into the site design and/or development of the property and/or adjoining properties. Where such materials are not or cannot be incorporated into the design and/or development, the use shall be deemed a construction sand and gravel mining operation and shall comply with title 11 of this code. h.j_ Persons operating a temporary construction site shall accomplish such activity in a time frame appropriate to the size and/or area of the development as determined by the planning director. Where such activity is not accomplished in an appropriate time frame, the use shall be deemed a construction sand and gravel mining operation and shall comply with title 11 of this code. g -.k. The provisions of section 11-3D-7 of this code shall apply to any and all signs on the temporary construction site. Section 3. That this ordinance shall be effective immediately upon its passage and publication. PASSED by the City Council of the City of Meridian, Idaho, this day of February, 2012. APPROVED by the Mayor of the City of Meridian, Idaho, this day of February, 2012. APPROVED: Tammy de Weerd Mayor ATTEST: Jaycee Holman City Clerk FEBRUARY 2012 UPDATE OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 3 OF 3 RECEIVED JAN 19 2012 CITY 0FCCCm, x . CITY CLERKS OFFICE The Honorable Tammy De Weerd 2040 Ice Bear Way Meridian, ID, 83642 January 18, 2012 The Honorable Tammy de Weerd 33 East Broadway Avenue, Suite 300 Meridian, ID 83642 Dear Mayor and City Council; I am writing to request an extension and/or further explanation on the 60 -day regulation limit in the ordinance for temporary structures, specifically a concession stand for snow cones. As a successful business owner, I believe that an extended time period for temporary structures is crucial to the vitality of my potential operation. Your support for a 90 -day regulation ordinance would enhance my opportunity to succeed, as well provide a complete service to my customers. The 90 -day regulation would not only benefit my small business, but other business owners in a similar situation, by allowing my operation a full season to reach my desired success. This would also allow my customers to enjoy my seasonal product for this extended period of time. I feel these benefits warrant an extension and will be a valuable asset to the surrounding community. Please consider my appeal and I would request an audience with you, to allow for further discussion if necessary. Thank you for your consideration. I look forward to your response. Sincerely, Sheena Lindholm Owner The Shack 208-604-3872 Meridian City Council Meeting DATE: ITEM NUMBER: 7E PROJECT NUMBER: ITEM TITLE: Finance Department: Budget Amendment for Project Management Software for the Not -to -Exceed Amount of 40,383.00 MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS M GD M 0 V U 0 v E m " Q O` mom 0 E 0 LL z O Z CW L 0 Z W a W 0 0 c m T m t 3 a C N N R v 46 a 9 c f0 c f0 N c N w a� a U c l•I. a) 7 N N m c Z, �U c o Y O N -o L 7 N O E a) 'o N N O O y a- 0 C ao L C r 0 .n o N N 7 C6 Y! E d C � m Ea m d d� m� m aM C m O O y V d Ems$ O oo m d EU F cV L ° O d Q C tmF 9 C d m a E d N O N m CL ro 0 ca u C 9 N >, dA�« E Q'ad 0 o E d Y N m Pro `o 3 0 �a m a y y0 > C ° d O a� m a a E ° E y 9 m m C C c 'C _ d L i EO W r 42 0) C w O EyE N W m Y d a Z m m C 0 O.'O m W O m U / LU w k � E f � | � > ) kk i !$G f D ƒ ° i_ . \ a§ .a ,22 /a A �k 0 �§8 ! a!!m .R ) ) �0 {})/ / �` LU w k � E f � | > CL / kk i !$G wc ° i_ . \ a§ ,22 '6§ 0 �§8 LU w k � E f i !$G \ a!!m ) �0 {})/ / �` / , .� tm \) ; ■ J2 \ \\ - %) #£ ]J ) 0 �0 \\\}\�\\\ �` , .� .:�....� ; ■ 0 ƒ | § T ) ) _ E . ® © 42 0 a 2J/l2(J3d 0 § 0°x§&23;�;■� ]J|�;;`§®A§2 « ;` k 'aWE�t-f = b1.1040. a�-1310 .1032 A 2S, Mo .00 too. 32p®R 10 .1032• 50 �i�-b .000•uv eAkillider I lb, 3�3 , ooi Investment Summary NEme> <40�0> The following details the investment summary associated with the purchase of e - Builder. Itemi�$4 --------- - Number of Users 30 $32.265 Additional Cost Per User Lloense $1,195.00 Total Annual Lleense $32,265 — I,O-+S-S0 per Payment Terms: Payment of the V year license cost is due upon signing of this agreement. 50% of the Implementation and Additional Services investment is due upon signing and the remaining 50% is due upon completion of the training. Travel and Expenses: Travel expenses and course material reproduction (if requested) are not included in the above investment. These expenses are billed as incurred as actual and will be reimbursed per the City's Travel Policy. Note: The investment summary is considered valid for 90 days from the publication of the Schedule A. Non -approval of the Schedule A by the client within this timeframe will result in the redefinition of the investment summary. Z-4-11 S16, 4V (a0 $20U .54120 . 1032'x' Q1 Sb, '35q ,Olo tt8U, lr6_ oto 01. 1S17O S331aO $ Z, 1S I. Oo OI• 1?)+0 • SSsfao I, 0:m .SCJ Ido • 32oo, S33tDp a'Sle -so bo•32so•sa3bo Iio45,s0 b0. 3400, S33too 2, 1 S1 -(DO la0 35oo� S'b31.00 1, p'?S. So T-vMOI= 30,,105.W4 L: -V 90 ° BS,161511+ 514 32 , Zlo S. 00 Confidential 38 Solution Overview - Schedule A 24. �F s9. 4 Todd Lavoie 'rom: Clint Dolsby Sent: Tuesday, January 24, 2012 2:29 PM To: Todd Lavoie Cc: Keith Watts; Warren Stewart Subject: RE: Ebuilder Implementation Importance: High Todd Here are the folks that I have down for a license. Let me know if you have any additions/subtractions for finance and how I can help to move this forward. Also, do you have an idea of the timing of getting a PO and any possible requests from council? 320". Tom Barry/Rich Dees 32002. Robin/Doug 3i003. Warren Stewart 33-0u4• Clint Dolsby 32005. Roxanne Holland 32006. John Boyd 32-007. Kyle Radek 3200 8. Clint Worthington 320u9. Brent Blake aZ0p10. Tim Curns 32a©11. David Allison %20012. Janine Rodriguez b4013. Max Jensen '20014. Joel Muesch 3zOC'15. Murray Jones 320016. Brad Standley 1-70017. Future Inspector 3 (to be hired in next 2-3 months) 12-0018. John McCormick 32-OU19. Amber Looney 31-+vo20. Tiffany Floyd, Utility Ops Manager 3 x0021. Tracy Crane, Wastewater Sup 3`�0022. Dennis Teller, Water Sup zzso 23. Mollie M/David Miles 82-00 24. Public Works Consultant LzOO 25. Public Works Consultant 32-00 26. Public Works Consultant 3 zoo 27. Public Works Contractor 320o28. Public Works Contractor r soo29. Purchasing/Finance t s�30. 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slsenbei elglssod Rue rue pd a Bu1119610 6u1w1; 944 10 eapl ue aneq noR op 'osly pJerruo; sly; arrow o; dlaq ueo 1 Moq pue eoueug Jo; suopoeJ;gns/suo!l!ppe (ue aneq no I;I Mount aw 491 'asuaall a Jo; uMop aneq I leql sMlo; aql aJe aJaH ppol g6lH :ooueliodwl uoge;uaweldwl Japling3 3H :laa(gnS 1JEM916 uaJJeM 'slIBM WON :30 alonel ppol :ol "d 6Z:Z Z60Z'17Z kenuer'Aepsanl :JUGS tgsloa lullo :wad alonel ppol Meridian City Council Meeting DATE: ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Planning Department: Discussion on Annexation Requirements/Concept Plans MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: ITEM NUMBER: 713 PROJECT NUMBER: ITEM TITLE: Planning Department: Meridian Road, Ustick to Chinden - Discussion on 3 Lanes Versus 5 Lanes MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS November 3, 2011 MEMORANDUM TO: Mayor Tammy de Weerd City Council Members CC: City Clerk FROM: Caleb Hood, Planning Manager RE: Meridian Road, Ustick to Chinden February 14, 2012 City Council Workshop Agenda Item Based on the North Meridian Transportation Plan, ACHD's Capital Improvements Plan (CIP), and ACHD's Master Street Map, Meridian Road between Ustick and Chinden Boulevard, is only ever planned to be a 3 -lane facility. However, it could be argued that someday Meridian Road may need to be 5 -lanes. Because Meridian Road has an I-84 interchange and leads to/from downtown, Staff would like to explore preserving Meridian Road for 5 -lanes. ACHD and the City have both gone back and forth over the years on whether Meridian should be 3 or 5 -lanes. For a long time, ACHD's policy was to preserve for 5 lanes on all arterials. Because the North Meridian Transportation Plan (2002/2003) only showed a need for Meridian to be 3, they adopted that. However, the existing right-of-way in this two mile stretch varies. Initial review of the Travel Demand Model indicates that Meridian Road will likely need to be wider than 3 lanes. Staff would like to discuss with the City Council, the possibility of amending the long-range plan (and the documents/plans mentioned above) for Meridian Road to eventually be a 5 -lane facility. Does the Council have any issue, at this point, with City Staff working with ACHD Staff on changing Meridian Road to ultimately be 5 -lanes wide? Planning Department . 33 E. Broadway Avenue, Meridian, ID 83642 Phone 208-884-5533 • Fax208-688-6854. www.merldiancity.org Page 2 fRANK�IN Pp i J _ C1M1.. RJ Hp. o U� O p QVS�ANp qp p VeRlwo ap UVERe ALIO RR vS ? � o 8-9-094 of Vlctory e1 R9 acted 1. $031 as - 3 1 4e Ry astlon. ill-vl-t.d If Wilaped to 3.11911, 5 nqn- 01 Luti•.n ��N90 i J _ C1M1.. RJ Hp. o Page 3 N I� F S It66i 1871 e O6LL 'r' sea a{6 BJ4 Q�G +e3z 2122 � �� -- ®el u e Me, LOPi yy 1B]I -- SKL---EMI 'Ptl vl5e3 REL 12L3 600 pE9 Fe �ITi ggW s � Pb PPv3 Ptl tlt 9g9¢� u Ip ®N II a �f L LBEL I'12W - 409 ._ _ _ "a _.........__. s LZL l Ptl enapl�m� �i__ 6I3 iO4 Z9Y ZM Bs; r BL> 6a5• 13] L¢Wlo1 Ra 991 ! J�•94 15A3 F:.p OIEL R LZII YBLL y� „ ]BB 69L me LSB fw fZB- --CCC _ - -531 - EEO �h -----1 R+� I ®b Fa $$$ I Big IR f g O y BBIQ .6 O6d[ --'a- Ot04 a Lf1l "Lt. 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LVI ___ 225 205 � 15 564 IZ9 b BL5 or Izz zsd laz L9p z6s Ptl llwuia(J q+3 6L9 -_..__ ___ ...—_._—_ 109 '%J IIeUYepaW — 687 p15 MfAelmotl fltl. pdYouuapeW 'Ptl11.I.IM Meridian City Council Meeting DATE: ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Purchasing Department Report: Approval of Award of Bid and Agreement for "NW 1 st Street Water Main Replacement - Construction" to Start Construction LLC., and Authorize the Mayor to Sign the Agreement and the Clerk to Attest for the Not -to - Exceed Amount of $88,619.50 MEETING NOTES 4"j I/V` 00a _ J Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Memo To: Jaycee L. Holman, City Clerk, From: Keith Watts, Purchasing Manager CC: Brent Blake, Jacy Jones Date: 2/9/12 Re: February 14th City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the February 14" City Council Agenda under a Purchasing Department Report for Council's consideration. Approval of Award of Bid and Agreement for "NW 1" Street Water Main Replacement - Construction" to Star Construction, LLC a nd authorize the Mayor to sign the Agreement and Clerk to Attest for the Not -To -Exceed amount of $88,619.50. This award is the result of Formal IFB #PW -12-10209A issued January 10, 2012 and opened January 20". Seven bids were received. Recommended Council Action: Approval of Award of Bid and Authorize the Mayor to sign the Agreement for the Not -To -Exceed amount of the Low Bid of $88,619.50. Thank you for your consideration. • Page 1 AGREEMENT FOR INDEPENDENT CONTRACTOR SERVICES NW IT STREET WATER MAIN REPLACEMENT - CONSTRUCTION PROJE=CT # 10209A THIS AGREEMENT FOR INDEPENDENT CONTRACTOR SERVICES is made this 7th day of February, 2012, and entered into by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "CITY", 33 East Broadway Avenue, Meridian, Idaho 83642, and Star Construction. LI -C, hereinafter referred to as "CONTRACTOR", whose business address is P O Box 157, Star ID 83669 and whose Public Works Contractor License # is C -14428 -AAA -4. INTRODUCTION Whereas, the City has a need for services involving NW 1 st Street Water Main Replacement - Construction; and WHEREAS, the Contractor is specially trained, experienced and competent to perform and has agreed to provide such services; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties agree as follows: TERMS AND CONDITIONS Scope of Work: 1.1 CONTRACTOR shall perform and furnish to the City upon execution of this Agreement and receipt of the City's written notice to proceed, all services and work, and comply in all respects, as specified in the document titled "Scope of Work" a copy of which is attached hereto as Attachment "A" and incorporated herein by this reference, together with any amendments that may be agreed to in writing by the parties. 1.2 All documents, drawings and written work product prepared or produced by the Contractor under this Agreement, including without limitation electronic data files, are the property of the Contractor; provided, however, the City shall have the right to reproduce, publish and use all such work, or any part thereof, in any manner and for any purposes whatsoever and to authorize others to do so. If any such.work is copyrightable, the Contractor may copyright the same, except that, as to any work which is copyrighted by NW 1°1 Street Water Main Replacement - Construction page 1 of 13 Project 10209a the Contractor, the City reserves a royalty -free, non-exclusive, and irrevocable license to reproduce, publish and use such work, or any part thereof, and to authorize others to do so. 1.3 The Contractor shall provide services and work under this Agreement consistent with the requirements and standards established by applicable federal, state and city laws, ordinances, regulations and resolutions. The Contractor represents and warrants that it will perform its work in accordance with generally accepted Industry standards and practices for the profession or professions that are used in performance of this Agreement and that are in effect at the time of performance of this Agreement. Except for that representation and any representations made or contained in any proposal submitted by the Contractor and any reports or opinions prepared or issued as part of the work performed by the Contractor under this Agreement, Contractor makes no other warranties, either express or implied, as part of this Agreement. 1.4 Services and work provided by the Contractor at the City's request under this Agreement will be performed in a timely manner in accordance with a Schedule of Work, which the parties hereto shall agree to. The Schedule of Work may be revised from time to time upon mutual written consent of the parties. 2. Consideration 2.1 The Contractor shall be compensated on a Lump Sum basis as provided in Attachment B "Payment Schedule" attached hereto and by reference made a part hereof for the Not -To -Exceed amount of $88,619.50 2.2 The Contractor shall provide the City with a monthly statement, as the work warrants, of fees earned and costs incurred for services provided during the billing period, which the City will pay within 30 days of receipt of a correct invoice and approval by the City. The City will not withhold any Federal or State income taxes or Social Security Tax from any payment made by City to Contractor under the terms and conditions of this Agreement. Paymentofall taxes and other assessments on such sums is the sole responsibility of Contractor. 2.3 Except as expressly provided in this Agreement, Contractor shall not be entitled to receive from the City any additional consideration, compensation, salary, wages, or other type of remuneration for services rendered under this Agreement including, but not limited to, meals, lodging, transportation, drawings, renderings or mockups. Specifically, Contractor shall not be entitled by virtue of this Agreement to consideration in the form NW I" Street Water Main Replacement - Construction Project 10209a page 2 of 13 of overtime, health insurance benefits, retirement benefits, paid holidays or other paid leaves of absence of any type or kind whatsoever. 3. Term: 3.1 This agreement shall become effective upon execution by both parties, and shall expire upon (a) completion of the agreed upon work, (b) unless sooner terminated as provided below or unless some other method or time of termination is listed in Attachment A. 3.2 Should Contractor default in the performance of this Agreement or materially breach any of its provisions, City, at City's option, may terminate this Agreement by giving written notification to Contractor. 3.3 Should City fail to pay Contractor all or any part of the compensation set forth in Attachment B of this Agreement on the date due, Contractor, at the Contractor's option, may terminate this Agreement if the failure is not remedied by the City within thirty (30) days from the date payment is due. 3.4 TIME FOR EXECUTING CONTRACT AND LIQUIDATED r DAMAGES Upon receipt of a Notice to Proceed, the Contractor, shall have 90 (ninety) calendar days to complete the work as described herein with the exception of the Hunter Lateral irrigation work which must be completed by March 15, 2012. Contractor shall be liable to the City for any delay beyond this time period in the amount of $500.00 (five hundred dollars) per calendar day for both the Hunter Lateral irrigation work and full project completion. Such payment shall be construed to be liquidated damages by the Contractor in lieu of any claim ordamage because of such delay and not be construed as a penalty. Termination: PLEASE SEE THE COPE OF WORK FOR A TERMINATION SPECIAL CONDITION. If, through any cause, CONTRACTOR, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if the City Council determines that termination of this Agreement is in the best interest of CITY, the CITY shall thereupon have the right to terminate this Agreement by giving written notice NW 1" Street Water Main Replacement - construction page 3 of 13 Project 10209a to CONTRACTOR of such termination and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. CONTRACTOR may terminate this agreement at any time by giving at least sixty (60) days notice to CITY. In the event of any termination of this Agreement, all finished or unfinished documents, data, and reports prepared by CONTRACTOR under this Agreement shall, at the option of the CITY, become its property, and CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. Notwithstanding the above, CONTRACTOR shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by CONTRACTOR, and the CITY may withhold any payments to CONTRACTOR for the purposes of set-off until such time as the exact amount of damages due the CITY from CONTRACTOR is determined. This provision shall survive the termination of this agreement and shall not relieve CONTRACTOR of its liability to the CITY for damages. 4. Independent Contractor: 4.1 In all matters pertaining to this agreement, CONTRACTOR shall be acting as an independent contractor, and neither CONTRACTOR nor any officer, employee or agent of CONTRACTOR will be deemed an employee of CITY. Except as expressly provided in Attachment A, Contractor has no authority or responsibility to exercise any rights or power vested in the City and therefore has no authority to bind or incur any obligation on behalf of the City. The selection and designation of the personnel of the CITY in the performance of this agreement shall be made by the CITY. 4.2 Contractor, its agents, officers, and employees are and at all times during the term of this Agreement shall represent and conduct themselves as independent contractors and not as employees of the City. 4.3 Contractor shall determine the method, details and means of performing the work and services to be provided by Contractor under this Agreement. Contractor shall be responsible to City only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of Contractor in fulfillment of this Agreement. If in the performance of this Agreement any third persons are employed by Contractor, such persons shall be entirely and exclusively under the direction and supervision and control of the Contractor. NW 16'Street Water Main Replacement - Construction page 4 of 13 Project 10209a 5. Indemnification and Insurance: CONTRACTOR shall indemnify and save and hold harmless CITY from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses and other costs including litigation costs and attorney's fees, arising out of, resulting from, or in connection with the performance of this Agreement by the CONTRACTOR, its servants, agents, officers, employees, guests, and business invitees, and not caused by or arising out of the tortious conduct of CITY or its employees. General Liability One Million Dollars ($1,000,000) per incident or occurrence, Automobile Liability Insurance One Million Dollars ($1,000,000) per incident or occurrence and Workers' Compensation Insurance, in the statutory limits as required by law.. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless CITY; and if CITY becomes liable for an amount in excess of the insurance limits, herein provided, CONTRACTOR covenants and agrees to indemnify and save and hold harmless CITY from and for all such losses, claims, actions, or judgments for damages or injury to persons or property and other costs, including litigation costs and attorneys' fees, arising out of, resulting from, or in connection with the performance of this Agreement by the Contractor or Contractor's officers, employs, agents, representatives or subcontractors and resulting in or attributable to personal injury, death, or damage or destruction to tangible or intangible property, including use of. CONTRACTOR shall provide CITY with a Certificate of Insurance, or other proof of insurance evidencing CONTRACTOR'S compliance with the requirements of this paragraph and file such proof of insurance with the CITY at least ten (10) days prior to the date Contractor begins performance of it's obligations under this Agreement. In the event the insurance minimums are changed, CONTRACTOR shall immediately submit proof of compliance with the changed limits. Evidence of all insurance shall be submitted to the City Purchasing Agent with a copy to Meridian City Accounting, 33 East Broadway Avenue, Meridian, Idaho 83642. 5.2 Any deductibles, self-insured retention, or named insureds must be declared in writing and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles, self-insured retentions or named insureds; or the Contractor shall provide a bond, cash or letter of credit guaranteeing payment of losses and related investigations, claim administration and defense expenses. NW 1" Street Water Main Replacement - construction page 5 of 13 Project 10209a 5.3 To the extent of the indemnity in this contract, Contractor's Insurance coverage shall be primary insurance regarding the City's elected officers, officials, employees and volunteers. Any insurance or self- insurance maintained by the City or the City's elected officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with Contractor's insurance except as to the extent of City's negligence. 5.4 The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5.5 All insurance coverages for subcontractors shall be subject to all of the insurance and indemnity requirements stated herein. 5.6 The limits of insurance described herein shall not limit the liability of the Contractor and Contractor's agents, representatives, employees or subcontractors. 6. Bonds: Payment and Performance Bonds are required on all Public Works Improvement Projects. 7. Warranty: Contractor must warrant the project for two years per the City of Meridian Supplemental Specifications, which by this reference are made a part hereof. 8. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: City of Meridian Purchasing Manager 33 E. Broadway Avenue Meridian, Idaho 83642 Star Construction, LLC Attn: Ancil Irminger P O Box 157 Star, ID 83669 208-286-9198 starconstructionllc@gmail.com Idaho Public Works License #: C -14428 -AAA -4 NW I" Street Water Main Replacement - Construction page 6 of 13 Project 10209a 1 Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. 9. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorneys' fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 10. Time is of the Essence: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. 11. Assignment: It is expressly agreed and understood by the parties hereto, that CONTRACTOR shall not have the right to assign, transfer, hypothecate or sell any of its rights under this Agreement except upon the prior express written consent of CITY. 12. Discrimination Prohibited: In performing the Work required herein, CONTRACTOR shall not unlawfully discriminate in violation of any federal, state or local law, rule or regulation against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. 13. Reports and Information: 13.1 At such times and in such forms as the CITY may require, there shall be furnished to the CITY such statements, records, reports, data and information as the CITY may request pertaining to matters covered by this Agreement. 13.2 Contractor shall maintain all writings, documents and records prepared or compiled in connection with the performance of this Agreement for a minimum of four (4) years from the termination or completion of this or Agreement. This includes any handwriting, typewriting, printing, photo static, photographic and every other means of recording upon any tangible thing, any form of communication or representation including letters, words, pictures, sounds or symbols or any combination thereof. 14. Audits and Inspections: At any time during normal business hours and as often as the CITY may deem necessary, there shall be made available to the CITY for examination all of CONTRACTOR'S records with respect to all matters covered by this Agreement. CONTRACTOR shall permit the CITY to NW 1" Street Water Main Replacement - Construction page 7 of 13 Project 10209a audit, examine, and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. 15. Publication, Reproduction and Use of Material: No material produced in whole or in part under this Agreement shall be subject to copyright in the United States or in any other country. The CITY shall have unrestricted authority to publish, disclose and otherwise use, in whole or in part, any reports, data or other materials prepared under this Agreement. 16. Compliance with Laws: In performing the scope of work required hereunder, CONTRACTOR shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. 17. Changes: The CITY may, from time to time, request changes in the Scope of Work to be performed hereunder. Such changes, including any increase or decrease in the amount of CONTRACTOR'S compensation, which are mutually agreed upon by and between the CITY and CONTRACTOR, shall be incorporated in written amendments which shall be executed with the same formalities as this Agreement. 18. Construction and Severability: If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. 19. Waiver of Default: Waiver of default by either party to this Agreement shall not be deemed to be waiver of any subsequent default. Waiver or breach of any provision of this Agreement shall not be deemed to be a waiver of any other or subsequent breach, and shall not be construed to be a modification of the terms of this Agreement unless this Agreement is modified as provided above. 20. Advice of Attorney: Each party warrants and represents that in executing this Agreement. It has received independent legal advice from its attorney's or the opportunity to seek such advice. 21. Entire Agreement: This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. 22. Order of Precedence: The order or precedence shall be the contract agreement, the Invitation for Bid document, then the winning bidders submitted bid document. NW 13' Street Water Main Replacement- Construction page 8 of 13 Project 10209a 23. Public Records Act: Pursuant to Idaho Code Section 9-335, et seq., information or documents received from the Contractor may be open to public inspection and copying unless exempt from disclosure. The Contractor shall clearly designate individual documents as "exempt" on each page of such documents and shall indicate the basis for such exemption. The CITY will not accept the marking of an entire document as exempt. In addition, the CITY will not accept a legend or statement on one (1) page that all, or substantially all, of the document is exempt from disclosure. The Contractor shall indemnify and defend the CITY against all liability, claims, damages, losses, expenses, actions, attorney fees and suits whatsoever for honoring such a designation or for the Contractor's failure to designate individual documents as exempt. The Contractor's failure to designate as exempt any document or portion of a document that is released by the CITY shall constitute a complete waiver of any and all claims for damages caused by any such release. 24. Applicable Law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. 25. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. CITY OF MERIDIAN BY:� TAMMY de D, MAYOR Dated: 3-a- 1 2. Approved by Council: ILI STAR CO TRUCC� LLC BY: Ancil Irminger Dated: _ ;F- .Z r/ 2-, NW 1" Street Water Main Replacement - Construction Project 10209a page 9 of 13 Purchasing Approval BY: KEITH tlV� ATTS, Purchasing Manager Mgr Dated: s=,7 I-L� NW I" Street Water Main Replacement - Construction Project 10209a Departme t Ap ro a BY: . WARREN STEWART, En ertng Dated: Z_/ 7/1 1— page page 10 of 13 Attachment A SCOPE OF WORK REFER TO INVITATION TO BID PW -12-10209a ALL ADDENDUMS, ATTACHMENTS, AND EXHIBITS included in the Invitation to Bid Package # PW -12-10209a, are by this reference made a part hereof. "IMPORTANT NOTE" PER THE INVITATION FOR BID, IF THE LICENSE AGREEMENT BETWEEN NAMAPA-MERIDIAN IRRIGATION DISTRICT AND THE CITY OF MERIDIAN IS NOT RECEIVED BY THE CITY BY FEBRUARY 10, 2012 THIS AGREEMENT SHALL BE CANCELED AND THE PROJECT WILL BE RE -BID AT A LATER DATE. NW 1" Street Water Main Replacement - Construction page 11 of 13 Project 10208a Attachment B MILESTONE / PAYMENT SCHEDULE A. Total and complete compensation for this Agreement shall not exceed $88,619.50. z J ' ' KI I�IG`'$CFI pt14 Y tri Contract includes furnishing all labor, materials, equipment, and incidentals as required for the NW 1st Street Water Main Replacements - Construction per IFB PW -12-10209a Total Bid Schedule ...................$88,619.50 CONTRACT TOTAL ....................... 88 61 ITEM PRICING BELOW WILL BE USED FOR CHANGE ORDER PRICING ONLY. Item No. Item Description Unit Unit Price 307.4.1.EA. TYPE C SURFACE RESTORATION Sy $ 4.00 307.4.1.G.1.a. TYPE P SURFACE SY $ 18.00 RESTORATION - PERMANENT 307.4.1.G.1.b, TYPE P SURFACE Sy $ 6.00 RESTORATION -TEMPORARY 401.4.1.A.1.a. 6" PVC, AWWA C900, DR 18, WATER LF $ 44.00 MAIN 401.4.1.A.1.b. 8' PVC, AWWA C900, DR 18, WATER LF $ 37.00 MAIN 402.4.1.A.1.a. 6" GATE VALVE EA $1,200.00 402.4.1.A.1.b. 8" GATE VALVE EA $050.00 NW I' Street Water Main Replacement - Construction page 12 of 13 Project 10209a z 403.4.1.A.1. FIRE HYDRANT ASSEMBLY EA $3,100.00 404.4.1.A.1. 1"0 WATER SERVICE CONNECTION EA $2,200.00 706.4.1.G.1. CONCRETE REPAIR SY $ 40.00 2010.4.1.A.1. MOBILIZATION LS $2,268.00 SPA HOT TAP EXISTING WATER MAIN EA $1,500.00 SP -2 LAWN SOD RESTORATION SF $ 1.50 SP -3 CONNECT EXISTING WATER LINES TO EA NEW WATER SERVICE $ 100.00 SP -4 ABANDON EXISTING WATER SERVICE EA $ 20.00 SP -5 ABANDON EXISTING WATER MAIN EA $ 900.00 SP REPAIR EXISTING STORM DRAIN -6 SYSTEM CY $ 19.00 SP 18"0 3/8" THICK STEEL CASING PER -7 DETAILS SHEET 6 LF $ 65.00 SP REMOVE AND REPLACE EXISTING -8 IRRIGATION PIPE LF $ 20.00 SP -9 LOCATE EXISTING IRRIGATION PIPE EA $ 50.00 SP INSTALL NEW 1"OJ WATER SERVICE -10 LINE (MAIN TO METER) LF $ 15.00 SP -11 REPLACE METER VAULT AND LID EA $ 200.00 SP INSTALL NEW 1"OJ WATER SERVICE -12 LINE (METER TO HOUSE) LF $ 5.00 SP -13 TRAFFIC CONTROL LS $3,900.00 SP -14 WATER POLLUTION CONTROL. LS $ 800.00 Travel expenses, if applicable, will be paid at no more than the City of Meridian's Travel and Expense Reimbursement Policy. NW 1" Street Water Main Replacement -Construction page 13 of 13 Project 10209a CITY OF MERIDIAN CHANGE ORDER NO. 1 33 EAST BROADWAY PROJECT NO. 1 O209A MERIDIAN, ID 83642 DATE: 2-9-12 EFFECTIVE DATE; 2114112 CONTRACT CHANGE ORDER CONTRACTOR: Star Construction, LLC PROJECT: NW 7st Street Water Main Replacement -Construction The Contractor is hereby directed to make the following changes from the Contract Documents and Plans. Description: All work for the area north of the intersection of NW 1st Street and Broadway detailed in the Scope of Work is hereby postponed. Construction for this area may proceed in early 2013 pending the City's receipt of an executed License Agreement between the City and the Nampa -Meridian Irrigation District no later than February 1, 2013. If the City receives the executed License Agreement and issues a Notice -To -Proceed for this work by 211113, the Contractor shall proceed with the work and shall have until March 15, 2013 to complete this phase of the work. If an agreement is not reached by this date, this agreement shall terminate on February 1, 2013 and both parties will be released from further obligation. All other terms and conditions of the original Agreement remain in full force and effect. Reason for Change Order: A License Agreement between the City and the Nampa -Meridian Irrigation District has not been reached, therefore work may not proceed north of the intersection at this time. Attachments: CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price $ 88,619.50 Original Contract Times: Net changes form previous Change Orders Net changes form previous Change Orders No._ to _ No._ to _ (calendar days) $0.00 Contract Price Prior to this Change Order: Contract Times prior to this Change Order: (calendardays) $88,619.50 Net Increase (decrease) of this Change Order: Net Increase (decrease) of this Change Order: (calendar days) $0.00 Contract Price with all Approved Change Orders Contract Times with all Approved Change Orders: (calendardays) $86,619.50 APPROVED: (CITY PURL SMG AN{{{+++G -R) AC(,GE ED'�ST F((%ON RUCT f�, LC By: Keith Watts . Ancil Irminger-7rJrt,.-^7s ById Date: 5// Z Date: RECOMMEM ED: Warren Stewart By: Dale: DATE: ITEM TITLE: Meridian City Council Meeting ITEM NUMBER: PROJECT NUMBER: Fire Department, Clerk's Office, and Planning Department Discussion: Fireworks Code Updates - Application and Inspection Process, Signs, and Standards MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Fire Department/Clerk's Office Report • February 14, 2012 CITY OF MERIDIAN ORDINANCE BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA AN ORDINANCE AMENDING MERIDIAN CITY CODE SECTION 5-4-5, REGARDING PERMIT FOR RETAIL SALES OF NONAERIAL COMMON FIREWORKS; AMENDING MERIDIAN CITY CODE SECTIONS 5-4-6(0) AND 5-4- 6(P), REGARDING SIGNS AND STANDARDS RELATED TO FIREWORKS OPERATIONS; AMENDING MERIDIAN CITY CODE SECTIONS 5-4-7(1)(11-13), REGARDING SIGNAGE FOR SHORT TERM STORAGE CONTAINERS; AMENDING MERIDIAN CITY CODE SECTIONS 5-4-8(A)(6-8), REGARDING PROHIBITIONS ON DISCHARGING FIREWORKS, SMOKING, OR IGNITING FLAMES NEAR SHORT TERM STORAGE CONTAINERS; AMENDING MERIDIAN CITY CODE SECTION 5- 4-10(B), REGARDING APPLICATION FOR A PUBLIC FIREWORKS DISPLAY PERMIT; AMENDING MERIDIAN CITY CODE SECTIONS 5-4-10(G—K), REGARDING APPLICATION FOR PUBLIC FIREWORKS DISPLAY PERMIT; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the regulation of the sale, storage, possession, and discharge of fireworks is within the City's authority under Article 12, § 2 of the Idaho Constitution to establish regulations for the protection of the people's health, safety, and welfare; WHEREAS, the protection of persons and property from unreasonable fire hazards is in the best interest of the City of Meridian; WHEREAS, City staff have identified measures to simplify and clarify the application and inspection process for fireworks permitting in order to save administrative time and costs for both applicants and the City; WHEREAS, the City Council of the City of Meridian finds appropriate circumstances justifying the reasonable variance herein from strict compliance with Idaho Code § 39-2607; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That Meridian City Code section 5-4-5 shall be amended as follows: A. No person, without having a valid nonaerial common fireworks permit issued pursuant to this chapter, shall offer for sale, possess or store for the purpose of sale, sell, cause to be offered for sale, cause to be possessed or stored for the purpose of sale, or cause to be sold nonaerial common fireworks in any manner or for any use or purpose. B. Application for a nonaerial common fireworks permit shall be made to the city clerk in such form and manner as the city clerk may prescribe. Such application shall include, but shall not necessarily be limited to, the following: FEtEWGRKs CODE UPDATE PAGE I OF I I DRAFT Fire Department/Clerk's Office Report • February 14, 2012 1. Applicant's name-,age,-aftd-soeial-se�� and date of birth; 1-2. Physical and mailing addresses of applicant's home and principal of business; 43. Name and address of applicant's registered agent for service of process; -54. Idaho sales tax seller's pcxirat identification number, if applicable; 6-.5. Physical address and description of each and every location at which fireworks are to be stored; �L6. Dates during which nonaerial common fireworks are to be stored; 4j. Physical address and description of any and all locations at which nonaerial common fireworks are to be sold and/or offered for sale; 910. Dates during which nonaerial common fireworks are to be sold and/or offered for sale; 40 -AL A site plan, which shall include a description of: a. Location, type, and dimensions of any temporary fireworks stand and/or short term storage container to be located at the sales site; b. Parking areas; c. Vision sight triangle, if located on a corner; d. Waste receptacles or garbage cans.; e. Location and type of electrical source(s); and f. Location and dimensions of signs. 44-.12.One-aApplication fee as set forth in the fee schedule of the city clerk's office for each and every operation for which a permit is sought. 13. Fire department and Electrical inspection fees for each and every peration for which a permit is sought. 14. Other inspection and permitting fees as may be applicable. 15. A certificate of insurance providing coverage of up to one hundred thousand dollars ($100,000.00) for personal injury and property damage underwritten through or by a qualified and dulv licensed insurance company or companies doing or authorized to do insurance business in Idaho. FIREWORKS CODE UPDATE PAGE 2 or 11 DRAFT Fire Department/Clerk's Office Report • February 14, 2012 C. The city clerk or designee shall direct the Planning, Building, and Police Department to review the application, and shall request that the Fire Chief or designee and the electrical inspector conduct a site inspection at each operation, in order to determine: 1. Whether the proposed operations, activities, and/or uses are in compliance with this chapter and any other applicable laws; and 2. Whether use of such permit by applicant will likely endanger the health, safety, and/or welfare of persons or property. D. Applications for nonaerial common fireworks permits authorizing the permittee to sell nonaerial common fireworks during the summer sales period or during the winter sales period shall be filed with the city clerk on or before April 15, or the next business day if such date falls on a nonbusiness day. E. So long as the application is filed by the applicable April 15 deadline, the city clerk shall notify the applicant if deficiencies in the application exist and the applicant shall have five (5) business days from the date of the notice to correct any deficiencies. Notwithstanding any such extension or extensions, any application pending required action by applicant more than thirty (30) days after the respective April 15 deadline shall be denied. F. A separate application shall be filed for each and every operation and location at which nonaerial common fireworks are to be sold and/or offered for sale. G. An operator intending to sell fireworks during the winter sales period pursuant to a nonaerial common fireworks permit shall provide written notification of such intent to the city clerk by mailing same by U.S. post to the city clerk between the period of December 1 and December 15 preceding the winter sales period during which the fireworks are to be sold. H. The city clerk shall deny an application for a nonaerial common fireworks permit: 1. Where the applicant, or applioant's agent, employee, partner, of a ffieef, has been convicted in the preceding ten (10) years of any crime involving fraud, larceny, arson, or illegal possession or sale of fireworks, including, but not limited to, a violation of title 39, chapter 26, Idaho Code. 2. Where the applicant, ppli aPA's ert, ,....,.leyeo, r...-,ner, or o ffleer, has been convicted in the preceding one year of a violation of the unified development code of the city of Meridian. 3. Where the city has revoked from applicant, or appliea s agerA, ,....pley e paftner, gr- officer a nonaerial common fireworks permit issued pursuant to this chapter, in the preceding one year. 4. Where the planning department, building department, fire department or police department report that: a. The proposed operations, activities, and/or uses are not in compliance with this chapter; or b. Use of such permit by applicant or applicant's agent, employee, partner, or officer will constitute an unreasonable hazard to persons or property. FIREWORKS CODE UPDATE PAGE 3 OF 11 DRAFT Fire Department/Clerk's Office Report a February 14, 2012 Any denial of an application for a nonaerial common fireworks permit shall be made in writing and shall describe the reason(s) for such denial. Such written denial shall be deemed effective immediately upon personal service to the permittee or mailing by U.S. post to the applicant's mailing address as set forth in the application. The applicant may request a hearing on such denial before the city council. Such hearing shall be scheduled as practicable at the next regularly scheduled meeting of the city council. At such hearing the city clerk shall present findings and information as to the basis of the denial. The city council shall have the authority to affirm the denial or order the city clerk to grant the permit. The action of the city council shall be final. �i�rs sre sraecs l..ITAATN rM NO J-1 A nonaerial common fireworks permit issued pursuant to this chapter shall be valid for twelve (12) months from the date of issuance and for only the specific dates and location designated in the permit, and shall be nontransferable. 1-J. The city clerk, the fire chief, or a designee of either, may revoke a nonaerial common fireworks permit issued pursuant to this chapter where: 1. The operator conducts a use, condition, and/or activity not allowed under the terms of the permit. 2. The operator violates conditions and/or limitations set forth in the permit. 3. The application for the permit contains any material false statements or misrepresentations. 4. The permit is used by a different operator or operation than to whom it was issued. 5. The permit was issued in error or in violation of any ordinance or law. 6. The permittee fails to comply with any order or notice duly served in accordance with the provisions of this chapter or other applicable law. 7. The permittee fails to comply with any provision of this code, including, but not limited to, this chapter. Any revocation of a nonaerial common fireworks permit shall be made in writing and shall describe the reason(s) for such revocation. Such written revocation shall be deemed effective immediately upon personal service to the permittee or mailing by U.S. post to the permittee's mailing address as set forth in the application. The permittee may request a hearing on such revocation before the city council. Such hearing shall be scheduled as practicable at the next regularly scheduled meeting of the city council. At such hearing, the city clerk, the fire chief, or the designee thereof who revoked the permit shall present findings and information as to the basis of the revocation. The city council shall have the authority to affirm the revocation or order the city clerk to reinstate the permit. The action of the city council shall be final. Section 2. That Meridian City Code sections 5-4-6(0) and 5-4-6(P) shall be amended as follows: FIREWORKS CODE UPDATE PAGE 4 OF 11 DRAFT Fire Department/Clerk's Office Report • February 14, 2012 O. The following provisions shall apply to any and all temporary signs related to any fireworks operation: 1. No more than two (2) temporary signs shall be installed, erected, posted, or displayed for the purpose of identifying, promoting, advertising, or directing patrons to such operation. It shall be unlawful for any person to install, erect, post, or display or to allow or cause the installation, erection, posting or display of more than one temporarysper operation identifying, promoting, advertising, or directing patrons to such operation. 2. The area of any temporary sign installed, erected, posted, or displayed for the pumose of identifying, promoting, advertising, or directing patrons to an operation shall not exceed thirty-two (32)square feet. It shall be unlawful for any person to install, erect, post, or display or to allow or cause the installation, erection, posting or display of a temporary sign identifying, promoting, advertising, or directing patrons to an operation where the area of such temporary sign exceeds thirty-two (32) square feet. 3. It shall be unlawful for any person to install, erect, post, or display or to allow or cause the installation, erection, posting or dis lav of any tem orary sign identifying, promoting, advertising, or directing patrons to an operation upon any property other than that property upon which the operation is located. 4. Any and all temporary signs identifying, promoting, advertising, or directing patrons to an operation shall be removed within twenty four (24) hours of the conclusion of such operation. P. As to each and every temporary fireworks stand, operators shall comply with, and, as applicable, shall ensure their patrons' and the public's compliance with, each and all of the following provisions regarding temporary fireworks stands: 1. Any and all temporary fireworks stands shall comply with all applicable provisions of this code, including, but not limited to, the unified development code, the building code, the fire code, and the electrical code. The operator shall obtain any and all required permits. Prior to erecting any temporary fireworks stand, and throughout the applicable sales period, the ground underlying such temporary fireworks stand and all ground within a thirty foot (30') perimeter thereof shall be cleared and maintained clear of any and all weeds, combustible vegetation or material, and/or debris. No operator shall permit the accumulation of rubbish or trash in or around any temporary fireworks stand. No operator shall permit a fire nuisance or hazard to exist in or around any temporary fireworks stand. 3. No temporary fireworks stand shall have a floor area in excess of Six hundfed (600) seven hundred (700) square feet. FIREWORKS CODE UPDATE PAGE 5 OF 11 DRAFT Fire Department/Clerk's Office Report • February 14, 2012 4. Any and all temporary fireworks stands shall have exit doors at least thirty inches (30") wide at both ends of the temporary fireworks stand and one additional door for each thirty two feet (32') of rear wall in excess of thirty two feet (32'). All doors shall open outward from the temporary fireworks stand and all doorways shall be kept clear and operational at all times. No operator shall cause or allow any exit from a temporary fireworks stand to be obstructed, unopenable, inaccessible, or malfunctioning. 5. Any and all temporary fireworks stands shall be located at least twenty five feet (25') from any other building or structure. 6. Any and all temporary fireworks stands shall be located at least twenty five feet (25') from any generator or other internal combustion power sources and/or their fuels. 7. Any and all temporary fireworks stands shall be located at least one hundred feet (100') from any flammable liquid dispensing device or installation. Any and all temporary fireworks stands shall contain a minimum of one type 2A1 OBC rated fire extinguisher, and one 2A water type fire extinguisher. Such extinguishers shall, at all times be in good working order, have a current inspection tag, and be easily accessible for use in case of fire in the temporary fireworks stand or the immediate proximity thereof. 9. Any and all temporary fireworks stands shall be emptied of all fireworks when not open for business. This provision shall not apply where the operation is not open for business and the temporary fireworks stand is used as a short term storage facility, in which case all provisions of this chapter governing short term storage facilities shall apply, including, but not limited to, subsection 5-4-7(J) of this chapter. 10. No person shall sleep at any time in any temporary fireworks stand. 11. Vehicles shall not be parked within twenty five feet (25') of the exterior of any temporary fireworks stand. 12. No person shall smoke within any temporary fireworks stand, nor within fifty t (50') twenty five feet (25') of any temporary fireworks stand. 13. At least one sign reading, "FIREWORKS - NO SMOKING WITHIN 50-25 FEET" in letters at least four inches (4") high on a contrasting background shall be posted on each and every exterior wall and/or side of any and all temporary fireworks stands. Such signs shall be maintained in a legible condition at all times. 14. At least one sign reading, "FIREWORKS - NO SMOKING WITHIN 30-25 FEET" in letters at least two inches (2") high on a contrasting background shall be posted on each and every interior wall and/or side of any and all temporary fireworks stands. Such signs shall be maintained in a legible condition at all times. FIREWGRKs CODE UPDATE PAGE 6 OF 11 Fire Department/Clerk's Office Report • February 14, 2012 15. At least one sign reading, "NO FIREWORKS TO BE DISCHARGED WITHIN 300-100 FEET" in letters at least four inches (4") high on a contrasting background shall be posted on each and every exterior wall or side of any and all temporary fireworks stands. Such signs shall be maintained in a legible condition at all times. 16. Waste receptacles or garbage cans in any temporary fireworks stand shall be noncombustible and shall have a securely fitting lid. 17. All permits are required to be posted in the stand at all times. Section 3. That Meridian City Code sections 5-4-7(I)(11-13) shall be amended as follows: I. As to each and every short term storage container, operators shall comply with, and, as applicable, shall ensure their patrons' and the public's compliance with, each and all of the following provisions regarding short term storage containers: 11. No person shall smoke within any short term storage container, nor within fifty (N) twenty five feet (25') of any short term storage container. 12. At least one sign reading, "FIREWORKS - NO SMOKING WITHIN 50-25 FEET" in letters at least four inches (4") high on a contrasting background shall be posted on each and every interior wall and each and every exterior wall or side of any and all short term storage containers. Such signs shall be maintained in a legible condition at all times. 13. At least one sign reading, "NO FIREWORKS TO BE DISCHARGED WITHIN 306 100 FEET" in letters at least four inches (4") high on a contrasting background shall be posted on each and every exterior wall or side of any and all short term storage containers. Such signs shall be maintained in a legible condition at all times. Section 4. That Meridian City Code sections 5-4-8(A)(6-8) shall be amended as follows: A. It shall be unlawful for any person to: 6. Discharge fireworks within.,,,., e hwiEl ed feet 'nn" one hundred feet1( 00') of any temporary fireworks stand or short term storage container. 7. Smoke within acty twenty five feet (25') of any temporary fireworks stand or short term storage container. 8. Ignite a flame within fifty 0') twenty five feet (25') of any temporary fireworks stand or short term storage container. FIREWORKS CODE UPDATE PAGE 7 OF 11 Fire Department/Clerk's Office Report • February 14, 2012 Section 5. That Meridian City Code section 5-4-10(B) shall be amended as follows: B. Application for a public fireworks display permit shall be made to the city clerk in such form and manner as the city clerk may prescribe. Such application shall include, but shall not necessarily be limited to, the following information: 1. Applicant's name, age, and social seouF43, n mbe« and date of birth; 2. if the publ:e fire ,....1....7isplay for fmcd by partnership, eorp ;r: ti: n- or limited liability .............. the ri,.mes and addresses of-, , applieable a. All partners; 1, Alla ration and a .,ase efxeers; e ,a The eempany and its members, 2. Physical and mailing addresses of applicant's home and principal plaee a business; 43. Name and address of applicant's registered agent for service of process; 54. Physical address and description of each and every location at which fireworks are to be stored; 6:5. Dates during which nonaerial common fireworks are to be stored; 7-.6. Physical address and description of location at which public fireworks display is to occur; U. Date(s) on which public fireworks display is to occur; 9S. A site plan for the storage of fireworks to be used in the public fireworks display for which the permit is sought, which plan shall include, but shall not be limited to, a description of: a. Location, type, and dimensions of short term storage containers to be used; b. The distance from other structures of any short term storage container. 40-9. A site plan for the proposed site of the public fireworks display for which the permit is sought, which plan shall comply with the standards set forth in National Fire Protection Association standards (NFPA) 1123 or 1126. 44:10. Description of prior pyrotechnical experience. 11. A certificate of insurance providingcoverage of up to one million dollars ($1,000,000.00) for personal injury and property damage, underwritten through or by a qualified and duly licensed insurance company or companies doing or authorized to do insurance business in Idaho. 12. Application fee as set forth in the fee schedule of the city clerk's office for each and every operation for which a permit is sought. 13. Fire Department inspection fee. Section 6. That Meridian City Code sections 5-4-10(G—K) shall be amended as follows: G. The city clerk shall deny an application for a public fireworks display permit where: 1. The applicant is under the age of twenty one (2 1) years. 2. The applicant, or ppheant'., e e..t employee, partner, , offee« has been convicted in the preceding ten (10) years of any crime involving fraud, larceny, arson, or illegal possession or sale of fireworks, including, but not limited to, a violation of title 39, chapter 26, Idaho Code. FIREWORKS CODE UPDATE PAGE 8 or 11 DRAFT Fire Department/Clerk's Office Report • February 14, 2012 3. The city has revoked from applicant, or cpplieatA's agent, employee partner, , o ffiee a nonaerial common fireworks permit or public fireworks display permit issued pursuant to this chapter, in the preceding one year. 4. The fire department or police department report that: a. The proposed operations, activities, and/or uses are not in compliance with this chapter and/or any other applicable provisions of this code; b. Use of such permit by applicant of appli .app's agent, employee, partner, of o ffiee- will constitute an unreasonable hazard to persons or property; or c. Use of such permit on the date(s) and at the time(s) proposed will constitute an unreasonable hazard to persons or property. Any denial of an application for a public fireworks display permit shall be made in writing and shall describe the reason(s) for such denial. Such written denial shall be deemed effective immediately upon personal service to the permittee or mailing by U.S. post to the applicant's mailing address as set forth in the application. The applicant may request a hearing on such denial before the city council. Such hearing shall be scheduled as practicable at the next regularly scheduled meeting of the city council. At such hearing the city clerk shall present findings and information as to the basis of the denial. The city council shall have the authority to affirm the denial or order the city clerk to grant the permit. The action of the city council shall be final. _ :eie+seersrnetrre6 _ 3:H. A public fireworks display permit issued pursuant to this chapter shall be valid only for the period designated and for the specific location designated in the permit, and shall be nontransferable. 1-I. The city clerk, the fire chief, or a designee of either, may revoke a public fireworks display permit issued pursuant to this chapter where: 1. The operator conducts a use, condition, and/or activity not allowed under the terms of the permit. 2. The operator violates conditions and/or limitations set forth in the permit. 3. The application for the permit contains any material false statements or misrepresentations. 4. The permit is used by a different operator or operation than to whom it was issued. 5. The permit was issued in error or in violation of any ordinance or law. 6. The permittee fails to comply with any order or notice duly served in accordance with the provisions of this chapter or other applicable law. 7. The permittee fails to comply with any provision of this chapter. Any revocation of a public fireworks display permit shall be made in writing and shall describe the reason(s) for such revocation. Such written revocation shall be deemed effective immediately FIREWORKS CODE UPDATE PAGE 9 OP 11 DRAFT Fire Department/Clerk's Office Report • February 14, 2012 upon personal service to the permittee or mailing by U.S. post to the permittee's mailing address as set forth in the application. The permittee may request a hearing on such revocation before the city council. Such hearing shall be scheduled as practicable at the next regularly scheduled meeting of the city council. At such hearing, the city clerk, the fire chief, or the designee thereof who revoked the permit shall present findings and information as to the basis of the revocation. The city council shall have the authority to affirm the revocation or order the city clerk to reinstate the permit. The action of the city council shall be final. Section 7. That all ordinances, resolutions, orders, or parts thereof or in conflict with this ordinance are hereby voided. Section 8. That this Ordinance shall be in full force and effect immediately upon its passage and publication. PASSED by the City Council of the City of Meridian, Idaho, this day of February, 2012. APPROVED by the Mayor of the City of Meridian, Idaho, this day of February, 2012. APPROVED: Tammy de Weerd, Mayor ATTEST: Jaycee Holman, City Clerk FIREWORKS CODE UPDATE PAGE 10 OF 11 DRAFT Fire Department/Clerk's Office Report • February 14, 2012 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 12 - AN ORDINANCE AMENDING MERIDIAN CITY CODE SECTION 5-4-5, REGARDING PERMIT FOR RETAIL SALES OF NONAERIAL COMMON FIREWORKS; AMENDING MERIDIAN CITY CODE SECTIONS 5-4-6(0) AND 5-4- 6(P), REGARDING SIGNS AND STANDARDS RELATED TO FIREWORKS OPERATIONS; AMENDING MERIDIAN CITY CODE SECTIONS 5-4-7(1)(11-13), REGARDING SIGNAGE FOR SHORT TERM STORAGE CONTAINERS; AMENDING MERIDIAN CITY CODE SECTIONS 5-4-8(A)(6-8), REGARDING PROHIBITIONS ON DISCHARGING FIREWORKS, SMOKING, OR IGNITING FLAMES NEAR SHORT TERM STORAGE CONTAINERS; AMENDING MERIDIAN CITY CODE SECTION 5- 4-10(B), REGARDING APPLICATION FOR A PUBLIC FIREWORKS DISPLAY PERMIT; AMENDING MERIDIAN CITY CODE SECTIONS 5-4-10(G—K), REGARDING APPLICATION FOR PUBLIC FIREWORKS DISPLAY PERMIT; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. The full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Broadway, Meridian, Idaho. This ordinance shall become effective upon its passage and publication. City of Meridian Mayor and City Council By: Jaycee Holman, City Clerk First Reading: Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code § 50-902: YES NO Second Reading: Third Reading: STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 12 - The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance no. 12- of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50-901A(3). DATED this day of 2012. William. L.M. Nary, City Attorney FIREWORKS CODE UPDATE PAGE 11 OF 11 Meridian City Council Meeting DATE: ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Legal Department: Board of Adjustment Update MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS To: Bill Nary From: Andrea Pogue Date: February 9, 2012 Re: Board of Adjustment Update Four hearings were requested before the Board of Adjustment in 2011. The Board ruled that no adjustment or compromise was warranted in each instance. No appeals to City Council were filed. One hearing has already been held in 2012 wherein the Board ruled in favor of an adjustment/compromise. A second 2012 Request for Hearing is pending. There is limited Meridian City Code and policy for the Board to follow in adjudicating these adjustment requests (see attached Exhibits 1-2). It recently came to the Board's attention that Nampa has a specific Adjustment Ordinance that contains helpful guidelines and criteria for assessing the merit of an adjustment request (see attached Exhibit 3). The Board believes having something similar would be helpful and is interested in getting City Council's input on the matter. Also for consideration, the board would like to request a defined timeline to be established for adjustments/refunds where the data shows that a retroactive adjustment/refund is appropriate. 3-5 years of data is available in our billing program. Let me know if you have any further questions Andrea City of Meridian Public Works Public Works Standard Operating Procedures ■ Subject. Water and Sever Adjustments. . I� Purpose Establish procedures for reviewing water and sewer adjustment requests. These requests arc usually generated when a property owner has a water leak and consequently an unusually high water and or sewer bill. ltesponsibiGty and Authority a The Public Works Director is responsible for accomplishing this mission. Assistant City Engineer makes final decision on adjustments. Engineering Technician coordinates review and makes recommendations. Water Department Assistant ' Superintendent reviews requests and makes recommendations. MUBs Billing Administrator creates, routes, and tracks request, then acts on final decisions. Policy City policy is to provide adjustments to property owners who demonstrate that due to leaks or other circumstances, they have been overcharged for services. Criteria for adjustments: Situations that merit adjustments to the sewer bill: Water leaks that occur off the summer average that did not go down the sewer. Water evaporated from cooling systems (customer needs to submit documentation of evaporative consumption). ' Situations that merit adjustments 4o es ummer sewer vera e: Any water leaks chat occur off the summer average. Situations that merit an ad'ustment to the water bill: A water leak that occurred on the downstream side of the meter before the customer's ' connection to the meter setter. Situations that do not merit adjustments. ' Request for sower adjustment due to a water leak during summer average (sewer bill has not been affected). Request for a water adjustment for water that was delivered to the customer. ' ater and Sewer Adjustments Procedure: fm Billing Administrator gets request. If it is clear that the situation does not merit and adjustment, MUBs denies request directly to customer. ® For all other situations, Billing Administrator fills out adjustment request sheet, Provides account information and forwards to water dept. a Water dept makes recommendation'and forwards to Public Works. ® Public Works makes decision and forwards to Billing Administrator for action. Services, Page 1 oft CRY of Meridian Public Works Public Works Standard Operating Procedures © Billing Administrator receives decision and takes appropriate action. This includes sending the customer a letter to let them know the decision/outcome. It will also include completing a billing adjustment and/or adjusting the summer sewer average as directed by Public Works. 6 Sianndardg a © 2 week process for requests that are routed through Water and Public Works. ® When adjusting usage for summer sewer average, reset to the previous calculated average. In absence of another appropriate usage to reset to, use 6500 gallons for single family average according to City Code. Services, Page 2 of 2 kv,cUWYI 11111 !1 }iij� 11111111 !1111211 111 111�1111 11!1 i} The monthly sewer user rates for sanitary sewer service in the city are based on gallons of water used as determined by the water meter readings. Residential homeowners' sanitary sewer user charges will be based on the actual water recorded for monthly water meter readings during the period of the year from approximately November 15 to the following March 15. For the following eight (6) month period, the average monthly reading for the period of November 15 to the following March 15, termed the "winter average", shall be the basis for the monthly sewer user charge. However, if the actual water use recorded for any billing period between March 15 and November 15 is less than the preceding "winter average", the sewer user charge will be based on the actual water use. Also, provided, however, where there is a new owner, a new occupancy, or a change in occupancy, such as in the case of sale or new residence construction or sales of existing residences, between November 15 and March 15, the sewer user charge shall be based on the average winter residential water use in the city which is six thousand five hundred (6,500) gallons per month unless the current water meter reading is less than six thousand five hundred (6,500) gallons. In this case, the sewer user charge will be based on actual metered water use. All other users such as commercial and industrial shall be based on their monthly water consumption. Sterling Codificts, lar. 3-2-12: ADJUSTMENTS, hh� http://www. sterlingcodifids.coni/codebook/getBoolcData.php7sectio_.. Iv�,bwreA Esti 3 Any bill for water supplied or service rendered will be considered a proper charge unless protest Is mase to the utility billing office within sixteen (16) days after presentation of the bill. Adjustment will only be allowed aanen evidence clearly shows that the excessive charge is due to underground leaking pipes or fixtures, and not wasteful use and then only when repairs have been promptly made and reported to the utility billing office. No allowances will be made covering more than two (2) billing periods Including the billing period In which the protest was made. Adjustments will be made on previously established averages, or on an average established after the leak is repaired, and in addition the user will be charged a pumping fee for excess water usage. The utility billing office shall determine the excess consumption due to leakage. (Ord. 2087) 1/10/2012 3:43 PM Meridian City Council Meeting DATE: ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Future Meeting Topics MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS