2011-03-08E IDIAN�--
IDAHO
CITY COUNCIL WORKSHOP
MEETING AGENDA
Tuesday, March 08, 2011 at 6:00 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 February 22, 2011 City Council Regular
Meeting
B. Approve Minutes of March 1, 2011 City Council Special
Meeting
C. Approve Minutes of March 1, 2011 City Council Regular
Meeting
D. Beer and Wine License Renewal for Kahootz Pub & Eatery dba
Kahootz Steak & Alehouse located at 1603 N. Main St.
E. Acceptance Agreement for Display of Artwork of Marcella
Gillenwater in Initial Point Gallery July 15 to August 19, 2011
F. Acceptance Agreement for Display of Artwork of Meridian
Parks and Recreation (MPR) Community Center Art Group in
Initial Point Gallery October 7 to November 4, 2011
G. Access Control Contracts for Water and Wastewater
H. Sanitary Sewer Easement Agreement With Meridian Friends
Church
Meridian City Council Meeting Agenda — Tuesday, March 08, 2011 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. Findings of Fact, Conclusions of Law for Approval: PP 10-003
Waverly Place by Robert Mortensen, Mountain West Entrust
IRA/FBO Located at 2150 E. Magic View Drive: Request:
Preliminary Plat Approval of 24 Residential Building Lots and 4
Common Lots on 4.9 Acres of Land in a Proposed R-8 Zoning
District
J. Findings of Fact, Conclusions of Law for Approval: RZ 10-004
Waverly Place by Robert Mortensen, Mountain West Entrust
IRA/FBO Located at 2150 E. Magic View Drive: Request:
Rezone of 5.17 Acres of Land from L -O (Limited Office) to R-8
(Medium Density Residential) Zone
K. Resolution No. 11-774: CPAM 10-001 Waverly Place by Robert
Mortensen, Mountain West Entrust IRA/FBO Located at 2510 E.
Magic View Drive: Request: Amendment to the Comprehensive
Plan Future Land Use Map to Change the Land Use
Designation on 4.9 Acres of Land from Office to Medium
Density Residential
5. Items Moved From Consent Agenda
6. Department Reports
A. Mayor's Office: Resolution No. 11-775: A Resolution of the
Mayor and the City Council of the City of Meridian, Appointing
Matthew J. Stoll to Seat 7 of the Parks and Recreation
Commission, and Providing an Effective Date Approved
B. Economic Development: CORE Update with Earl Sullivan;
Chairman, The CORE
C. Finance Department: Fiscal Year 2010 Annual Audit Report
Presentation and Acceptance with Eide Bailly Approved
D. Mayor's Office and Planning Department Joint Report:
Welcome to Meridian Signs
E. Planning Department and Legal Department: Consider
Rescinding Various Development Agreements Approved
F. Parks and Recreation Department: Discussion on Tully Park
Snow Cone Stand Proposal
G. Public Works: Water and Sewer Rates Discussion
Meridian City Council Meeting Agenda — Tuesday, March 08, 2011 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.
H. City Council: Air Quality Board Update
I. City Council: Public Transportation Discussion
7. Future Meeting Topics None
Adjourned at 9:16 p.m.
Meridian City Council Meeting Agenda — Tuesday, March 08, 2011 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.
r. Meridian CqY Council Workshop Meeting March 8 2011
Y
A workshop meeting of
the Meridian Cit Council was called to order at 7:05 p.m.,
Tuesday, March 8, 2011, by Mayor Tammy de Weerd.
• de Weerd Brad Hoaglun, David Zaremba, Keith Bird
Members Present. Mayor Tammy ,
and Charlie Rountree.
Present: Bill Na Jaycee Holman, Anna Canning, Tom Barry, Tracy
Others Prese Nary, Y
Basterrechea, Ma yer, � nn
Mark Neime Steve Siddoway, Brenda Sherwood, Stacy Kilchenma ,
Robert Simison, and Dean Willis.
Item 1: Roll -call Attendance:
Roll call.
X David Zaremba X Brad Hoaglun
X Charlie
Rountree X Keith Bird
X Mayor Tammy de Weerd
Weerd: I'd like to welcome you here this evening. We appreciate you joining us.
De We
Fort Y
he record it is Tuesday, March 8th. It's 6:00 o'clock. We will start tonight's meeting
with roll call attendance.
Item 2: Pledge of Allegiance
De Weerd: Item No. 2 is the Pledge of Allegiance. If you will all rise and join us in the
pledge.
(Pledge of Allegiance recited.)
Item 3: Adoption of the Agenda
De Weerd: Item No. 3 in adoption of our agenda.
Hoaglun: Madam Mayor?
De Weerd: Mr. Hoaglun.
couple Hoaglun: A le items to note on our agenda for tonight. Under 4-K, the Consent
9 p
Agenda, that resolution number is 11-774. And under Department Reports, that
6-A,
resolution number is 11-775. So, with those two additions, Mayor, I move adoption of
tonight's agenda.
Rountree: Second.
Meridian City Council Workshop Meeting
March 8, 2011
Page 2 of 60
De Weerd. I have a mot p
• ion and a second to approve the agenda. All those in favor say
�--•.
aye. All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Item 4: Consent Agenda
p p
A.
Approve Minutes of February 22, 2011 City Council Regular
Meeting
B. Approve Minutes of March 1, 2011 City Council Special
Meeting
C. Approve Minutes of March 1, 2011 City Council Regular
Meeting
D. Beer and Wine License Renewal for Kahootz Pub & Eatery dba
Kahootz Steak & Alehouse located at 1603 N. Main St.
E. Acceptance Agreement for Display of Artwork of Marcella
Gillenwater in Initial Point Gallery July 15 to August 19, 2011
�� F. Acceptance Agreement for Display of Artwork of Meridian
Parks and Recreation (MPR) Community Center Art Group in
Initial Point Gallery October 7 to November 4, 2011
G. Access Control Contracts for Water and Wastewater
H. Sanitary Sewer Easement Agreement With Meridian Friends
Church
I.
Findings of Fact, Conclusions of Law for Approval: PP 10-003
Waverly Place by Robert Mortensen, Mountain West Entrust
IRA/FBO Located at 2150 E. Magic View Drive: Request:
Preliminary pp Plat Approval of 24 Residential Building Lots and 4
Common Lots on 4.9 Acres of Land in a Proposed R-8 Zoning
District
J. Findings of Fact, Conclusions of Law for Approval: RZ 10-004
g
Waverly Place by Robert Mortensen, Mountain West Entrust
IRA/FBO Located at 2150 E. Magic View Drive: Request:
Rezone of 5.17 Acres of Land from L -O (Limited Office) to R-8
(Medium Density Residential) Zone
K. Resolution No. : CPAM 10-001
Waverly Place by Robert Mortensen, Mountain West Entrust
Meridian City Council Workshop Meeting
March 8, 2011
Page 3 of 60
A/FBO Located at 2510 E. Magic View Drive: Request:
Amendment to the Comprehensive Plan Future Land Use Map
to Change the Land Use Designation on 4.9 Acres of Land
from Office to Medium Density Residential
De Weerd: Item 4, Consent Agenda.
Hoaglun: Madam Mayor?
De Weerd: Mr. Hoaglun.
Hoaglun: As note g
d under the Consent Agenda, Item 4-K, that resolution number is 11-
.
774. And I move approval of tonight's 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. 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.
Item 5: Items Moved From Consent Agenda
De Weerd: There were no items moved from the Consent Agenda.
Item 6: Department Reports
A. Mayor's Office: Resolution No. : A
Resolution of the Mayor and the City Council of the City of
Meridian, Appointing Matthew J. Stoll to Seat 7 of the Parks
and Recreation Commission, and Providing an Effective Date
De Weerd: We will move to Item 6-A under Department Reports. Council, in front of
you is a resolution 11-775 appointing Matt Stoll to the Seat 7 of the Parks and
Recreation Commission. We did have a number of applicants. We conducted four
interviews a week or two ago and we felt that Mr. Stoll has a lot of experience and
knowledge that he can bring to the Commission in the form of pathways and certainly
from the family perspective as well. So, in front of you is his letter of interest. I'm open
to any questions you might have.
Rountree: I have none.
Meridian City Council Workshop Meeting
March 8, 2011
Page 4 of 60
De Weerd: Okay.
Rountree: Seeing no questions, Madam Mayor --
Zaremba• Madam Mayor Ijust would comment that I'm thrilled that he would be
.
interested in applying and look forward to his expertise and skill. I think this is
wonderful.
Rountree: I agree. And with that, Madam Mayor, I would move that we approve
resolution 11-775 and welcome Matt to the Parks and Recreation Commission.
Bird: Second.
De
Weerd: I have a motion and a second. If there is no discussion, seeing none,
Madam Clerk.
Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
De Weerd: All ayes.
MOTION CARRIED: ALL AYES.
De Weerd: I thought I would at least get the vote over before I asked if there was any
comment fromY ou, Matt. Would you like to make any comment? And maybe introduce
your family.
Stoll: Madam Mayor, Members of Council, thank you. My name is Matt Stoll. I brought
with me my wife Silvana and my children Emma and Ellie. Appreciate the opportunity to
serve on the Commission and I look forward to it. I thought this was a great opportunity
to give back to the community in a way that will help my family, but also help the
communityand utilize m skills and knowledge that I have acquired over the years. I do
y
look forward to it and thank you for the privilege.
De Weerd: Well, we look forward to having you on our Parks Commission. I know
Steve is excited, as was Michael Martin, who participated in the interviews as well.
Stoll: And afteroin to Settlers Park this afternoon one thing I did learn is that I need
g g
to address more warmly.
De Weerd: Well, that's one thing we can't help you with.
Stoll: Yeah. I know. Thank you.
Meridian City Council Workshop Meeting
March 8, 2011
Page 5 of 60
B. Economic Development: CORE Update with Earl Sullivan;
.,.�
Chairman, The CORE
• Well thank you, Council. I appreciate that. Item 6-B is our
De Weerd. Thank you.
economic development.
will turn this over to Brenda, who will also introduce our guest
tonight.
Sherwood: All right. Ma Mayor, Madam Ma Members of the Council, I'd like thank you for
giving us this opportunity p
nit to update you a little bit on some of the activities that we have
been involved i n . Tonight ht we decided that we would focus a little bit on the Core for a
couple of reasons. First of all, because I had talked to you in October when I gave you
my strategic plan and said that we would come back and look at some of the
n number two because we are benefited by Earl Sullivan being in
measurables and, the . .
so I thought it would be nice to hear from him. And, in addition,
town and not traveling, g
dust since there has been s0 much activity in the Core, there has been a lot of press in
d the newspaper, I thou ht that it would be important for them to -- for
both the news ang
you to update you on some of the activities within the Core. One of the things that we
in October when I ave you my strategic plan was we were looking at
talked about g
we want to make sure that we are getting the best value for
measurables. Obviously,
our dollars in a time when we are coming out of the recession and we want to put our
money and our efforts towards somethingthat's going to produce the most activity. So,
m talking about businesses that we have retained, businesses that will be
here I a g
expanded,and also ones that we attracted into the Core. So, we are looking at a base
line of how many companies are actually in the Core and, then, we are also looking at
y jobs how man will be created within the Core as well. And, plus, you know that I have
that love for statistics and at the end of the day I like to be able to measure everything I
boundaries are the same, but thanks to
We have a new Core map. It's not new, the bound
do. p
planning ip it's been updated and we were able to send this map over to the Department of
Labor and their GIS specialist worked with me to actually look at the fobs that are in this
Lab p � the g i. So
map green area is what we are going to be talking about. So, here s how we
broke it u . Now, s noa science this it iand we, basically, pulled out some of the
were
industries that we thought going to be specific to the Core. It doesn't mean that
next year when I give you the next strategic update that we cant go back and say here
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indust that we are looking at. We might end up being surprised. We might
�s another ry g
nd u with a manufacturer in paper goods that are coming in to work in the Core. We
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don't know what's going to happen in this year.
De Weerd: Or a wickless candle maker.
Sherwood: Or a wickless candle maker. Exactly. So, we can go back and break this
out. So this is not written in stone. But these are the ones that we thought that we
should really take a good look at. So, obviously, healthcare and assistance --
healthcare, there is 60 establishments, 2,096 fobs. Now in the city -- I wanted to give
you actually the full number and I know I have it here somewhere. But the full number
is about 4,700. So, we actually have quite a few healthcare fobs that are in Meridian,
y
dust not represented
direct) in the Core. So, that's healthcare. In healthcare we are
Meridian City Council Workshop Meeting
March 8, 2011
Page 6 of 60
looking at doctors, St. Lukes, o p
f course is resented in this number, other providers
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represented
,
for healthcare. So, specifically,
doctors rehabilitation, those kinds of offices. The next
•al and medical manufacturing. Now, these we
one is manufacturing, biotechnical, pulled
out - believe it or not those i
17 establishments -- a good portion of those are n the
dental industry
• . So, we have q arra quite an and with ISU's, you know, new dental
Y
. We have about 363 jobs in manufacturing
a lot of activity. school there is, obviously, Y
now, that's one area t hoping, that we are ho in , as we target some of the medical
manufacturers, to definitely increase. Educational services. Now, I just pulled out
higher ed, but today y the Mayor and I were talking about that it might also be good for us
to go back and look at the local schools, the District Two, just because we -- there is so
many initiatives g
in healthcare so we might be able to look at some of the jobs that will
be created as they p g
he expand along with ISU. So, right now we have three colleges and
167 jobs.
Professional, science, and tech services we have 34 establishments. Now,
when we talk about professional, science, and tech services, those are primarily things
like attome s, management corporations, those types of areas, not so much technical. When we et into like PKG's, that's in the biotechnical. So, technical services are more
g
or less sort of that back office type of positions. And, then, the final one, of course, is
insurance carriers and we all know why that number is pretty big, because of Blue
Cross. So we have 28 establishments and 698 jobs. So, that's pretty much the
breakdown. Like I said, that's not written in stone. We can go back next year and look
at 2010 and different industries. So, whatever we decide to -- you know, if we see
something g g rowin we can still kind of gauge that. Anyway, that's it. That's our
,. baseline. That's what we are going to measure how many jobs that I create, how many
new establishments come in and I think with the Core I -- when Earl comes up and talks
to you about what -- the activities that are going on i
v n the Core, I think we will see quite
an increase in some of these numbers. I'm pretty confident with that. So, anyway, are
there any questions for me?
De Weerd: Council, any questions?
Bird: I have none.
De Weerd: Okay. Thanks, Brenda.
Sherwood: No? Okay. Well, then, what I will do is introduce to you Earl Sullivan. He,
asy ou all know, has been quite the driving force behind the Core and he is going to tell
you a little bit about some of the activities the Core has been engaged in. So, thank you
for your time.
De Weerd: Thank you. Hi, Earl.
Sullivan: Madam Mayor, Members of the Council, thank you for having me here tonight.
M name is Earl Sullivan, I'm the chairman of the Core and I'm here to give you a little
My
bit of an overview of what we have been doing over the past several months. I believe
you're all familiar generally with the Core, so I will run through the first part of the
presentation rather quickly. It outlines what we are trying to accomplish and spend a
Meridian City Council Workshop Meeting
March 8, 2011
Page 7 of 60
little bit more time on some of the recent activities and follow that with some questions.
.�...
technology So, the Core is a health and research9Y enterprise corridor. We all know that
significant spend over the next decade or more and we are
healthcare is going to be a g p .
in this health and research corridor. Currently
focused here creating a core competency
we have a website at
www.thecoreidaho.com. In early April we should be launching a
much more dynamic website that will have a better assessment of our current
• me of our key members and givers, as well as a lot of
membership banners for so Y
information that goes back and forth in social media and other formats of updating
people on a more proactive level versus a very static website, which is what we have
went over the ma of the Core and so we are all familiar with the
today. Brenda just p
general area. It
was -- the Core's vision is a public-private partnership and that's really
important. This is is -- it's keythat we have both the private and the public sector involved
his. This is a large economic development effort that we are undertaking and getting
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the city, ithe educational universities involved, and other public and private enterprises s
very p
going to
be ve important for the -- for the success of the Core. We also have a fair
number of existing assets, as Brenda just outlined, with the current businesses that are
very
'n the Core and a lot of ve good infrastructure. This particular area is wired very well
i
from a utility standpoint oint and from a services standpoint. It sits in close proximity to the
airport, has good access to the freeway, services, service businesses, so we really
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are establishingan enterprise corridor in a very favorable area. So, our goals are to
.
row jobs,foster economic rowth, develop quality healthcare science education and
g g• .,
recruit new and build companies. When you break that down its really creating a core
competency in the area for health and research to create an eco system so that we can
grow these healthcare companies and as companies look at relocating, as they look at
growing they pick this particular area to be their home base. We want this to be a really
vibrant area an area thateople look to that to go for education and health-related
p
fields and research fields to go to for small business, growing businesses. As you look
at some of the Core benefits for our members we talk about Core capital and the access
to capital, Core education, and the access to specialized workforce, Core data and the
access to the type of resources that are necessary to grow companies. So, we want
this to really grow into a vibrant community. So, currently the Core leadership -- myself,
I'm CEO currently at Connects Med Pro Systems, a software healthcare company here
in Meridian. Bill Cannon, who is the CLL of PKG, User Interface Solutions, who is -- just
brokeround on a nice campus here in Meridian and the Pinebridge Medical
g
Community. David Santa from RBC Wealth Management. Dennis Baker, who helped
put that deal together with PKG. Kathy Moore has recently joined us in place of Pam
Bernard, so that's a change in our organizational structure. Kathy was the CEO at West
Valle and is now running the operations at St. Luke's and is a very dynamic and
Y
energized new member to our executive board, so we are very happy to have her. John
Francis from MWI. And Joe DeVare recently from Washington Trust Bank. Again, we
bring in a broad range of people, we take a very broad view of health and want to make
sure that not only are health-related and research -related companies there, but the
service industries that support them and, obviously, we have the Mayor and Dean -- Dr.
Bess Akesalmedes from ISU that participate in our board, along with the Brenda and
Robin Dodson. So, we are really looking at regional economic development. I hope
that in a number of years myself, as the chair, or somebody else as the chair will come
Meridian City Council Workshop Meeting
March 8, 2011
Page 8 of 60
I economic development, but we have to take baby
to you and talk to you about nations p .
y kin amongst education institutions.
steps first. We are working on encouraging networking g
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We believe that one of the keys to success is not only having ISU but BSU and U of I
or educational and other economic -- institutions involved and want to bring them into
p
the Core in a model similar
to what is experienced in eastern Idaho under the Kay's
Advanced
model with the Center for A Energy Studies. We actually have a meeting this
Friday with the VA to d we
discuss how put BSU, ISU, the U of I and the VA together in
the Core to create a similar model for us. Create an environment that's supportive for
entrepreneurs and create that core competency in health and research. So, recent
activities. I, obviously, I have a face for radio, but I ended up on TV. There was a nice
article that was done on us in the Statesman talking about a recent trip to China. A lot
of people question how this benefits Meridian and I think that it's really important to
very g g
understand
that we have a large rowing economy in China, they are in desperate
f services and products that meet a western standard and anyone that wants to
need o
do business in Chengdu under our contract will have to become members of the Core.
very g g
This is a ve large undertaking to build a medical park and all the associated
ses in Chengdu. We have turned in a 40 page scope document to the Chengdu
businesses g .
Media Group, is a branch of their government, quasi -government, if you will, and we
Me p,
anticipate g
ici ate hearin in late March as to the next steps for this. This will take a national
effort us for to p g put this together with a lot of different companies to come together and
we look at that as an opportunity to attract attention to Meridian, to the Core, and to
pp Y
what we are trying to do and, again, anybody that would want to work in China under
ry g g
our contract would have to become members of the Core. It gives us a national
r sence in some respects. We participated PKG's groundbreaking. We were one of
pe p
hes speakers and of some very good time to express how we work with companies and
t p g rY
help p them develop in the Core. We are in a membership drive right now. We have
currently 13 dues paying members. Complex Care. Mike Fenello at Complex Care was
the latest addition joining this past Friday at the trustee level and we are looking at
adding one to two a month at this rate. There we go. Thank you. We have regular
meetings with the three VPs of research and tech transfer, including hosting the hosted
social event. We find it important to communicate with all of the different educational
institutions and we find them to be very proactive and productive in discussing how they
would help us. We have had regular meetings with Don and his staff at the Department
of Commerce to keep them involved in what we are doing. I was recently a participant
on the HERC committee, awarding the 330,000 dollars in educational grants from the
Higher Education Research Council for technology -- early stage technology coming out
of the universities and so as a member through the ITC and our code relationship with
the Core had a seat at judgingthose and providing some feedback on which --
the ITC, .
which research projects got funded at 50,000 dollars each. So, that was something that
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recently happened and will be announced shortly if it hasn't already been announced
through this recent session with the State Board of Education. We are in the process of
g
developing an in Angel Fund in the Core. Part of our Core membership benefits our Core
g
capital and access to capital that includes money in, like Angel Funds or Community
p
Reinvestment Act funds or venture funds, but also avoids money out, like property tax
abatements and workforce development grants and anything that would help a
Yg g
company et moving. We are in the process of talking to accredited investors in the
p
Meridian City Council Workshop Meeting
March 8, 2011
Page 9 of 60
• ted in Meridian focused on health and research, not
,•r-� local community to have a fund located � •
• • can't say that its only going to invest in health and
-- not specific to that, I mean we ca y Y
he community research, but focused on that fort Y that is trying to grow in this area. We
groups for the Core that will link with have established social media the new website g p.
• Twitter and Facebook pages and we will add Youtube and
that's coming out, which links Twt p g
Wordpresser blogging later this month. We have talked about the website. We have
worked with ISU's Bengal Solutions, which is a more seasoned group of MBA students.
These are people who have been in business and have gone back to -- for not an
executive MBA, but
a true MBA and are working through what's called Bengal Solutions
workforce Ian for the 2011 year for events that we can do that will
to help us develop a wo p Y
demonstrate to our members that we have accomplished something of value for their
membership dollars. So the going through all of our different benefits right now
g g
outlining
five to ten different events that we could do that would demonstrate some
course of the year and it will help us drive to kind of an action plan for
success over the Y . .
fur of those in art of their participation in the Core. We have looked at hiring
three oro p
aP us
R firm to helpdevelopweb content and increase the image of the Core in
ri ian. It was a great opportunity with China to get in front of the news, both on the
Med g pp Y
press and television but I think we need to expand our reach a little bit broader and
somebody who is more of an expert at that is probably a better use of our time than
so y p
myself. So we have -- we are workingwith a local firm to try to very carefully craft that
message. We are working with Boise State and Idaho State on a research symposium
that the Core would be a co-sponsor of that would help teach researches how to
commercialize the technology without messing up their patents or their -- their
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intellectual property and it's one of the challenges that both Boise State and Idaho State
have expressed some frustration at. We have also advised Boise State on their
p
technology showcase that's happening on March 10th, helping them outline what should
be involved and beinga -- kind of a liaison to give them some guidance on that
particular function i
because there is a healthcare component to t. And we have also
started to outline a budget and seek funding for an innovator workshop, which is a new
educationalram ro for entrepreneurs, kind of similar to what's going on in Boise with
p g p
the Cohort
a , ramro program -- 12 month program designed to work with an
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entrepreneur on a monthly basis to give them some additional resources to help them
with development of their business. And I promise this is the last slide. Met with the U
of I law clinic and established a relationship, they are very interested through their Boise
p
campus to come u here and help us with education for entrepreneurs and businesses
p
on different law matters free of charge to help stimulate the growth, work on different
types of legal documents at a very reduced rate for Core members. We have also met
g
with the Boise State University technical writing program and have recently gained an
intern for the summer to do an expose on every Core member. So, we would have
them o and write something about the Core member, get some information about the
g g •
company and then, we would publish it on our website and have it available for other
p Y �
people to see and that's coming free of charge through the BSU technical writing
And, as I said, we are meeting with Denny Stevens at the VA on Friday to get
program. st
them involved with the Core. So, it's a -- it's kind of a rundown of this last -- the last
three to three and a half months. We are -- we have a good group that's -- that's
focused on developing the economic area of health and research in Meridian and I'm
p g
Meridian City Council Workshop Meeting
March 8, 2011
Page 10 of 60
• ha with the support the city's given us and I
---•. excited to be a part of it. I m very happy
• __ I and fiscal support that the city has provided. So, if
appreciate all the both emotional pp
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ou have an questions I'd be happy to answer them.
De Weerd: Thank you, Earl. Any questions?
• or, I have no questions, but it's great to see the things you have
Rountree. Madam May q
accomplished in the past few months compared to our previous indoctrination, so to
speak. You're doing
some excellent activities and I look forward to some of the
successes that you're going to have. Appreciate your effort. Good job.
suc y g g
Sullivan: W,
ell we are an all volunteer force, so there is a lot more people behind me
than just me doing that, so --
Rountree: Terrific.
Sullivan: -- I extend that to them as well. Thank you.
Hoaglun: Madam Mayor?
De Weerd: Mr. Hoaglun.
Hoaglun: Yeah. I just want to echo -- first of all, thank you for your leadership in this
and it is -- it takes a lot ofp eople to make this happen, but it wouldn't happen if folks
didn't step p sa u and okay, let's -- we are going to commit to this and do it. So,
Y, Y
appreciate that. I just hada question when it related to the Angel Fund. I was just kind
pp
of curious for the health and technology field, access to capital, how is that going these
days, especially established companies versus the start-ups, I mean are the established
p Y
companies okay for access to capital? Is it dicey like for a lot of other folks or -- where
p Y
are we in that particular arena?
Sullivan: I think the capital markets in general are tight all around, both from a
traditional capital standpoint, as well as venture capital and private equity, all the way
down to Angel capital. The Angel capital market typically focuses on the pre -revenue,
early revenue companies, and we would hope as the Core develops that we would add
p
funds that would be able to work on the entire continuum of companies that we have in
-- in the Core and generally in the health and research space. We have to start
somewhere and we think that the Angel Fund is probably the easier of the funds to get
established because of expressed interest by accredited investors in the community and
in the state ing eneral. The state of Idaho currently has one documented Angel Fund,
the Boise Angel Fund, which is a bit of a misnomer, I mean they -- they are part of the
Rain Source Capital Group, which is out of Minnesota. I happen to personally be a
member of that fund and we are, compared to states of similar size, significantly behind
in our number of Angel Funds. The Dakotas have six to ten funds apiece and we view
this as more of an effort to raise awareness of the ability to access capital than to real
lack of access to capital. People -- entrepreneurs who are scrappy typically go out and
Meridian City Council Workshop Meeting
March 8, 2011
Page 11 of 60
• ant to do is provide a resource where they can go to a
.� find the capital. What we w
r access to that capital and, again, as we expand and grow
consolidated format for easier p .
we would Ike to add a CRA fund and a venture fund and have private equity companies
• ted but in general I think that across the board access to
get involved and get interested,
capital is a little bit tight right now and our intent is to increase awareness.
Hoaglun: Okay. Great. Thank you.
You might also add -- one of our members NWI had identified a gap -- a
De Weerd: Y g g
workforce related gap
and through the Core partners they were able to respond, bring
people to the table to have the discussion. It wasn't necessarily the solution was one of
t was
the Core partners,
i actual) outside of the Core, but that is one of the benefits as
y
on a
well. ISU is also
workingpharmacy -- bringing their pharmacy MBA and looking at
p Y
bringing it to Meridian. As we talked earlier on in Workforce Advisory Council a couple
years ago, identified in the health sciences you can have a specialty and have great
medical expertise, rtise but not necessarilyknow how to run the business and so by bringing
some of that p pp
business expertise to support our existing businesses, but also to help
i in that area the are looking to expand that option to this campus as well.
train y
Sullivan: And
that would be for all of their allied health. I mean I'm married to one of
who doesn't quite understand business, so I personally experience this
those clinicians
ular basis. Their idea is to provide that MBA type program early on to the
onareg
pharmacy pro but to and it to all their allied health programs and we -- and it's
gram expand
a very good point, we look at education across the scope. INW needed veterinary
technicians, which is a hard asset to find in the valley, it's a hard asset to find, actually,
nationally we g
and of our Core members together to try to solve the problem in the
Core. We couldn't in the time frame that was necessary for our Core member, so we
get this resolved.
outside the Core to a still regional local community college to
went g
That taught our Core members in the educational component something about speed to
g
market and that was helpful for them I think and we solved the problems for the Core
member, which was ultimate) what was important. So, we look at this educational
comp again, just onent ain, like capital education for the students and the people who are
coming out of specialized workforce development programs, all the way up
c g p to CEOs
and,you know, entrepreneurs like the innovative workshop. So, we want to provide that
access to education throughout the process.
De Weerd: Just an excellent forum to support the businesses that are here today and
work tog ive value as well as to be an attractive place to bring your business. Well,
thanks, Earl. We appreciate you being here.
Sullivan: Thank you. And I, too, appreciate your leadership.
Sullivan: Thank you.
,,.�,� De Weerd: Thank you. Thanks, Brenda.
Meridian City Council Workshop Meeting
March 8, 2011
Page 12 of 60
C. Finance nancp
e De artment: Fiscal Year 2010 Annual Audit Report
Presentation and Acceptance with Eide Bailly
De Weerd. Okay
• . Our next item under 6-C, I'm sure we will have a riveting report on
our audit.
Kilche
nmann: Well, I noticed the huge audience we have. Before I --
Bird: You didn't do such a good job. We have an audience.
Kilchenmann• Before I introduce Kevin I wanted to give thanks to an employee of mine
.
__ credit for the audit, but she's really the audit captain, the audit
that's I d like to take
pilot. She hates publicg
recognition, so it's with special joy that I brought her here today.
But Rita ur employee Y
Cunningham,ham to ee -- or our controller has really taken ahold of the
e guides the whole audit process, she understands how to create the
audit. She sh g p
f masterminds all of our assignments throughout the audit period, and
reports, she kind o g
because she also -- we don't have an administrative assistant type person she also has
to format and type the audit includingall messy stuff where I transferred graphs and
Y
k requirements for the fund has to be just right and dashes have to be just
the very picky re q .
ra so I real) wanted to recognize her, because the city does owe her a big
right, et cetera, y g
thanks --
De Weerd: Yes, we do.
Kilchenmann: -- for the work she does.
De Weerd: Thank you, Rita.
Bird: Yeah. I'm lad you said that. But, you know, she -- her and Kevin I think are
B g
bl the two that started this audit down its way in 1999 1 think was our first audit --
proba y
' when I come on board and of it going and I think those two have been heading it
or 98 g
up
and I know Kevin don't as much anymore and Rita does more, but we do appreciate
it Rita whatY ou do. I have always appreciated what you do, young lady. Thank you.
'I henmann: I'd real) like to introduce Kevin Smith. He's our audit partner from Eide
Ki c y .
ill and we real) appreciate his staff, who make us sweat in the most kind and
Bay Y pp
professional way. So, without any further discussion I -will turn it over to Kevin.
De Weerd: Thank you, Kevin, for being here tonight.
Smith: That'sq uite an introduction. I have never had one of those. I am happy to be
here tonight and I was kind of thinking about, you know, going back in history a little bit
g
and you know, some of the process and, hopefully, you guys will recognize some of the
Y �
improvements that have been made and that is, you know, contribution of those
two
ladies that sit behind us today that -- you know, that put this together. You know,
severalg
ears ago there wasn't anyone who could come close to putting the document
Y
Meridian City Council Workshop Meeting
March 8, 2011
Page 13 of 60
ther, you know, one of the things I do want to point out is that we have --
toge now -- y we.
we call our past adjustments, which are amounts that we come up with
have what p j .. ,
audit process that are not of a significant nature, so we dont actually make
during the
for those and in this year there were two and they are closely related --
journal entry Y
the are both related to capitalization of copy machines, so, you know, they come in as
Y p
operating leases and the really should be capitalized and those two amounts -- or one
p g Y
is about 17 000 dollars and one of them is 28,000 dollars. When you put that n
of them i
y
perspective
of our financial statements with net assets of -- in excess of 300,000
dollars, hopefully that gives you some assurance that, you know, in any given
million d p y g Y
month, you
know, your financial statements of 300 million dollars may be off by 17,000
dollars. So you know, hopefully, that kind of helps you see, you know, the big picture
dolla , y.
when you're making decisions, you know, in this meeting that you're making it on
and y g
accurate
financial information. We did issue an unqualified or clean opinion again this
year and
as I have mentioned before there are other types of opinions that can be
rendered and we do issue other types of opinions and, you know, the most common is a
d opinion, if we had some variation from the unqualified or clean opinion, and
qualifie
that just means that, you know, maybe something is not -- we are not able to audit it as
common practice, it may be fixed assets that haven't been -- you know, just hasn't had
the records or kept track of them over years and so we would say everything is okay
except, you know, fixed assets, which we were not able to. So, you know, in this city --
of this nature we are able to audit everything and we do, we are pretty thorough, we ask
a lot ofq uestions we ask for a lot of documentation of the amounts and -- and they
provide them in a very timely and efficient manner, which helps us to get through our
p ry
required, you know, documentation in a timely manner also, so we appreciate that. We
also issue a report -- two other reports this year which is a little bit different than prior
ears because of the federal money. The federal grants that come this year were
Y
approximately roximatel 800,000 dollars. Anytime you receive over 500,000 dollars in federal
moneyyou're required to have additional procedures done related to federal grants and
Y
so we had some additionalp rocedures and you will see some additional reports on the
back of the financial statements. One of them is related to internal controls and we
internal control and we do process on internal controls, but we don't issue an
assess a n int
opinion on internal controls, but I can tell you in our procedures it's very very clean. We
p
look at the processes and procedures and what is outlined in the manuals and, then, we
dop rocedures to see that they have followed those processes and procedures and
that's,you know, who handled the documents. When an invoice comes in the door, you
know, who handles that, who records it, who approves it, who signs the checks and,
then on receipts the same thing and when money leaves, you know, how is that -- how
is that handled. And so we kind of flow chart that and make sure that there is proper
segregation of duties, that it's being handled in a proper manner. And we also issue a
report in the back. It's a compliance report. And this one we do give an opinion,
because it's related to the federal money and that everything was complied with in a --
in a reasonable -- reasonable manner. With the -- with the federal money it also
requires additional audit procedures and so we -- we select samples of that federal
q
money they have specific guidelines of what needs to be followed called compliance
documents and so we assess those compliant documents and go through additional
procedures related specific to that federal money, making sure that it's spent the way
Meridian City Council Workshop Meeting
March 8, 2011
Page 14 of 60
theg rant was written and in the way that it should be -- it should be spent. There was a
newp ronouncement that come out this year related to governmental accounting that
was number 51 that's related to intangibles and so all the easements, right of ways,
those type of assets that are just, you know, easements and, of course, it's being, you
know, the rights to some property and so that had never been recorded -- it was never
required to be recorded in the past, but this year with this new pronouncement it was
required to add that to your balance sheet and so across all funds that equaled about
seven million dollars, approximately, and with that seven million dollars we didn't have
tog o back and add that one, but it was just added this year and, then, you know,
forwarded as new easements or right of ways are purchased and that will be -- will be
added on. And, you know, with -- with that those in the accounting department had to
come up with, you know, formulas on how to, you know, go back and calculate that. It
was everything from 1980 on and so they went back and found all those easements,
ry g
everything that had been recorded and, then, you know, assigned a value to those, a
market value to those, and come up with that seven million dollar amount and, then, we
audited that amount. Once again as in prior years we have no management comments,
which means that, you know, there is just no comments that we felt were material or
significant deficiencies that we -- was necessary to bring up and, you know, those would
be if we -- if we saw something in -- especially in the control structure that we felt was
deficient we would bring it to your attention. And as I mentioned we didn't have any
adjustments to the trial balance that we were provided when we started the audit and so
all the numbers that we started with is what ended up in this document. There were just
,,...� a couple of items I wanted to kind of highlight in the financial statements and the easiest
part of reading the financial statements is the management discussion analysis and in
this, you know, they put some great graphs and some pictures and I'd just like to go
through just a couple of those. First of all, on page three it talks about the financial
highlights and in there they describe that fund balance for the governmental activities
increased by approximately four million dollars, a little bit less than what it had in the
prior year, but there was some -- there was some spending -- you know, some reasons
for that that are explained later. And, then, in the business type activities, that
increased about 13 million -- almost 14 million dollars. A part of that was because of
some rate increases that took place in the water and the sewer funds and that was
planned for about the past three years, so those have gone up, and so we expected that
to happen. Moving a little bit forward on page nine, ten and 11, show some -- I think
some great graphs of some history that can show -- you know, compared to the prior
year on page nine and as you look at these graphs on some of the personnel expenses
and, then, on the operating expenses and the explanations are on page eight of, you
know, each one of those and, you know, why they went up or why they decreased and
very good explanations. On page ten is where we look at the Enterprise Fund or water
and sewer funds and there is where you can see, you know, those increases and the
revenue going up, but also, you know, understanding that those -- you know, there was
a purpose for that and it's for, you know, a future maintenance and replace of some of
that, you know, equipment and things that it takes to operate those two funds. On page
11, this picture, you know, really is a -- I think a very good picture of, you know, what --
what we are seeing in the economy and I know we blame a lot of things on the
economy, but this is a great picture of what happened, you know, when you had that
Meridian City Council Workshop Meeting
March 8, 2011
Page 15 of 60
spike in those connection fees and water and sewer when, you know, housing was
booming and, you know, commercial was booming and people moving in and you had
all these connections, but, then, you can see it going back down and we are just almost
the exact samep lace where it was ten years ago. The last thing I wanted to kind of
p on pg
point out page 16 -- as we did the audit procedures, you know, we not only looked at
the actual,Y ou know, what happened, you know, actual expenditures and revenue, we
also looked at the budget, because we know the budget is really what drives a lot of
g
those because that's what -- that's what the plan was and one of the things that I noted
on both of thesera hs as we look at personnel expenditures and governmental and
g p
also the operating expenditures and you notice that they are under budget, so there was
p
really some, you know, efforts to control the spending and, you know, part of that control
--you know, that's why your net assets in your fund balance increases each year is, you
know, the revenue, you know, is from specific sources and some of that you can't
control and that's -- you know, that's just -- that's going to come in in property tax or, you
know, whatever the nature of that may be. But the expenditures is where you can
control it and over the years, you know, we have seen, you know, the fiscal
responsibility of, you know, the Council and of management to really control those
expenditures and that's why, you know, fund balance is where it is and that's why net
assets is where it is and the Enterprise Fund and so you are prepared for, you know,
what's to come in the future and, you know, we don't know what that is yet, but, you
know, there could be some big projects, some things come up where, you know, having
that -- having that money or that fund balance set side is -- you know, is going to be to
your benefit. But encourage you to continue to -- you know, as you find those projects,
-- for those
continue to earmark those fund balances and those those net assets o
specific projects, which, you know, you have done some of that, but there is still, you
know, some that's available -- you know, unrestricted that's available, you know, for
general operations, but, you know, continue to earmark those as those projects come
up. And with that we could -- we could keep going page by page, but we will stop there
and that's enough of the numbers. But, you know, I concur with everything that Stacy
talked about, you know, that that group does a phenomenal job, you know, in where we
have come over the last few years you know is results of this document and they put
this document together, which is very rare. You know, as we go around and audit there
is just a handful of entities that actually, you know, put this whole document together
themselves and, then, we actually audit that. You know, we are still preparing this
document in a lot of entities. So, you know, I concur with Stacy with, you know, her
comments and, you know, her included, that they do a great job and, you know,
hopefully as Council members that you're comfortable with the numbers that you see.
Any questions or comments that I can answer?
De Weerd: Council, any questions?
Bird: Madam Mayor, I don't have any questions, I just got a comment.
De Weerd: Do you have your mike on?
Meridian City Council Workshop Meeting
March 8, 2011
Page 16 of 60
Bird: Oh,yeah, it is on. Again, another nice job by our staff, by your staff, both. Kevin,
.
we appreciate the work you do. It's very nice. Very readable for a dumb person like
pp
me.
Smith: Thank you.
De Weerd: Thank you, Mr. Bird. Any other comments or questions?
Rountree: Just a big thank you to everybody involved, particularly Rita and Stacy, and
good job. Getting ready for next year.
Hoaglun: Madam Mayor?
De Weerd: Mr. Hoaglun.
Hoaglun: Just want to comment, again, the finance department does a wonderful job in
making sure everything is done correctly and reported correctly and it's great. Now they
just need to dust off the crystal ball and predict what's coming down the pike we will
really be in good shape.
De Weerd: They have already dusted it off and are working on that.
Bird: And the revenue is down.
De Weerd: Thank you, Kevin. We appreciate you joining us.
Smith: Thank you.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I think it's appropriate --
De Weerd: Can you pull your mike a little closer?
Bird: I think it's appropriate to approve the -- the audit for the year of -- fiscal year of
2010, so that it is public record and the public is welcome to come look at it. I will make
that motion.
Rountree: Second.
De Weerd: Okay. I have a motion and a second to approve the audit that's in front of
you. If there is no discussion, Madam Clerk, will you call roll.
Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
Meridian City Council Workshop Meeting
March 8, 2011
Page 17 of 60
De Weerd: All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Bird: Madam Mayor?
De Weerd: Yes.
Bird: Before we leave that, let's -- we also need to give credit to each one of our
departments. As you have seen in the graph they all come in under budget, under their
actual, it's down under budget, which shows that they realize how important it is to stay
within a budget and even come back and give some money and I don't think -- I don't
think we took any money from them for doing that, nor would we ever do that. So, I just
want to thank all of the employees and all the departments for turning in something like
this. It -- it shows the confidence they have in the city and it should show our taxpayers
that we really have their dollars at our heart. Thank you.
D. Mayor's Office and Planning Department Joint Report:
Welcome to Meridian Signs
De Weerd: Thank you for pointing that out, Mr. Bird. Okay. Item 6-D is a report on
Welcome to Meridian signs. It's very timely. I just got a comment today at Coffee with
the Mayor on were we going to update the population on our signs.
Hood: That is very timely. Madam Mayor, Members of the Council, I will be tag -
teaming this presentation this evening with Robert Simison. I'll start off the
presentation, obviously. I'll let Robert explain the -- the neon Las Vegas sign that was
the reason for us coming up with new signs for Meridian. I think you will see some
similarities between that sign and what we are proposing this evening. But these signs
are just some -- some samples of what other communities have done throughout the
United States. What we have currently in Meridian, aside from the main sign there at
Main, Meridian, and Waltman, are the green welcome signs and, seriously, what really
brought this on was that those signs are not only outdated with the population number
that's on there, it's 56,152 or something like that. So, that's very tough to keep up with
and keep accurate. We hopefully -- I think later this week should see census -- official
census numbers, but that's one reason. And, then, the other reason and the reason for
the slide is the location of those. It's not Meridian. Ada County Highway District, we
thank them for putting them up, but they have them on our area of impact boundary for
the most part and not where our city limits are. So, that's kind of two of the main
reasons for a proposal to put some new signs, some branding out there, and at
locations that are consistent with our city limits. So, at the staff level we came up with a
concept to try to design three different signs. This is all certainly up for discussion at
your discretion, but we thought it would be a good idea to have -- to replace, essentially,
the green welcome signs with a two foot by three foot welcome sign. That's, basically,
the biggest sign that we can get on a single break away metal pole. So, it needs to not
Meridian City Council Workshop Meeting
March 8, 2011
Page 18 of 60
,,---•, be a safety
hazard if someone were to veer off the road, they hit that, the sign breaks
you o an bigger than that you need a dual post and, then, you're dealing
away, and y g y gg
f way and private property owners to plant those things in the ground. So,
with right o y p p p Y
another slide I will show you the locations, but to just kind of keep the progression
have a
-- then a small monument sign, which we are just kind of in infancy stages, I
moving g .
think, is probably the right way to define that, with what these signs may look like and,
t p Y g Y
then, something a little more grandiose. Maybe not this sculpture there on
Meridian -Main -Waltman, but something larger certainly at -- at major intersections or at
r corridors when you come into Meridian. State highway off ramps from 1-84, those
major
types of laces where you et large volumes of people and you expect a lot of people to
Yp p Y g
be entering your communityvia those corridors. So, some of the lesser corridors, like a
McMillan say, we would do a smaller sign, maybe a small monument, or just a two -by -
three sign. But the larger sign would be on the larger volume corridors. So, that's kind
g
of the hierarchy of the sign structure that we will be working in or talking to you about
tonight. The sign locations -- and I realize this map is going to be hard to read, so I did
g g
print off a copy. It's a little bit better. But I'll hand that out for you here. So, in addition
to the three types of signs that we have kind of kicked around, we have this initial phase
is kind of what we are proposing to you this evening where we would -- where we are
proposing to install about 27 signs at the -- at or near city limits. What you got in front of
p g
you now is the map that you see on the screen, as well as a descriptor for those signs.
So, most of them to the west and south of our current city limits will eventually move to
our build out city limit lines, so you will see a temp or an ultimate description for the
signs and the will say what side, generally, an intersection they are on. So, that's kind
�-. g Y Y
of the -- the make-up of our proposal this evening as, again, 26 or 7 signs that
correspond with current city limits. We would propose to move those back roughly
annually. So, we will take an inventory of all of the annexation ordinances that have
Y
gone into effect and notify ACHD, hey, we need to move this sign back a quarter of a
mile, because we annexed that property and we do that again probably annually is what
we are thinking. If we have the boom time that we did, you know, 2004, '51 '6, we may
look at semi-annually, but I think annually will probably be enough for right now. We
have talked -- I will let you know we have an agreement that we are looking at entering
into with ACHD, if we do get your blessing this evening for these signs. It's just a
license agreement, essentially. They are looking with a finer tooth comb at the locations
that we have identified, essentially the same thing that's in front of you now, to make
sure that they don't conflict with regulatory signs, like speed limit signs or stop signs,
those types of things. We can't place a sign on in front of those. Also that they aren't
conflicting with any pedestrian movements or any other movements that they need to --
to watch out for. So, we are in the process with the highway district. Same with ITD.
We have got some standards from ITD. I sent them our -- the sign that Robert will show
with you, they have commented back, we are still working with them -- not quite as far
along with ITD as we are with ACHD, but I am prepared to work with them further,
again, if the Council decides that's the direction you want to go. So, this is the initial
phase. Again, this would be the immediate phase of -- or as soon as the Council is
comfortable moving forward. Now, the last slide that I have this evening is the build -out
,...� slide and what I would highlight a little bit more in this one is the small and the large
monument, because those are the permanent locations for all signs in Meridian, what
Meridian City Council Workshop Meeting
March 8, 2011
Page 19 of 60
-- failed to mention in the initial phase is we would put all of these two -by -three
,.�I think I fa
even where we may show an ultimate or a -- excuse me -- a small or a large
signs -- e Y . .
he future or the initial phase you have, we would propose to at least initially start
sign int p
with all these locations having-- excuse me. When I say all these locations I'm talking
about all the yellow locations. So, for example, on the on-off -- or off ramps from 1-84
Eagle Road we would still propose to put up a smaller two -by -three sign initially
onto Eag p p
e we design and have acquired the larger sign we would, then, replace that with
and one g q Y
a
a that
n
larger g er monument sign 's et to be designed and constructed, so -- but, again, the
build out would be as the city limits get to our periphery we install these signs. I will let
you know that some of the signs at the staff level we envision working with private
owners on maybe partnering with us to give us a key intersection to maybe put
property Y
a lar larger is monument sign, but most of these are in the ITD or ACHD right of way is what
g . try we are trying to do t to keep them in -- in the right of way where possible. We do
have some ability, too -- as we see new applications come in for annexation that are at
Y
a location where this ultimate build out map shows a sign, we can make that part of our
recommendations to the Council on -- for a development agreement provision that says
we needou to install or assign somewhere on your frontage a welcome to Meridian
Y
type sign. So, just want to throw that out there, too, that this is something that the
g
Council likes. We can work up some development agreement provisions and I will let
you know we already have one currently in effect -- one development agreement that
requires that. So, it would be at the northwest corner of Chinden and Linder, the Knight
q
Sky development, there is a development agreement provision and they offered to
construct that sign, so just after you cross over the river and come to the intersection
there they put up a nice welcome to Meridian sign. So, I think that's probably enough
from my end, so I will tag Robert, unless there are any questions for me at this time.
De Weerd: Council, any questions?
Bird: Not at this time.
De Weerd: Okay. Mr. Zaremba?
Zaremba: Madam Mayor? Just a question. I think at one time ACHD offered to install
them at no charge, but if we are going to start moving them every six months, do we
think they will still do that for no charge?
Hood: Madam Mayor, Councilman Zaremba, yes, I have talked to the district about
installation and they will do that. I can't remember exactly what Terry Little's e-mail
said, but they will move them back on a -- for us. If we ask them every month to do that
we'd probably be -- you know, I don't know that they would put up with that for too
terribly long. I think annually, though, or something in that time frame where they are
fairly accurate to city limits, I think they will accommodate that for us. But that's one of
the details we haven't quite worked out with them, but they are willing to move them
back over time for us.
Meridian City Council Workshop Meeting
March 8, 2011
Page 20 of 60
Zaremba: Great. Thanks. And, Madam Mayor, just another observation. On signs that
areoin to show the population, we might want to have numbers on wheels, sort of
g g
like an odometer that we can just get them up --
Hood: I'll let Robert cover that.
Simison: Madam Mayor, Members of the Council. Thank you, Caleb, for passing on
thatq uestion. But I would say as Caleb kind of alluded to, one of the things that we --
you will see in our proposal -- we are actually going to propose not to put any population
numbers on the signs that are in Meridian. They will still be on the interstate as part of
g
the interstate part so when you're driving down the interstate, but that's really the people
that don't know Meridian that are traveling to -- that are primarily going to see it. A lot of
the people that are coming into our community, they know what Meridian is, because
they are traveling from Kuna, Eagle, Boise, Nampa, in and around our community. So,
pp probably robably isn't as important we felt as a group on -- at that level, just to kind of
give you some -- a little bit of point. But part of the reasons also why we felt that these
signs were important is a lot of people dont necessarily know when they are traveling in
on these arterial roads when they are entering into Meridian and these really will give
that community identifier to people that are traveling in. But to the -- we created -- at the
Mayor's recommendation, a task force and we -- the people that have gotten on the task
force -- we have a couple members of the Arts Commission who have been involved,
obviously Caleb and myself, and, really, what we did is we looked at the locations where
signs were and that's what Caleb kind of showed you to say here is where we think
.�, g
signs should go. And part of this process we thought, well, maybe we will want to
engage the arts community in doing something a little bit more than just the green signs,
as well as, you know, the monument signs. Wanted to look at what this might cost and
finding opportunities and, then, obviously, propose recommendations to City Council
and that's why we are here tonight, at least on phase one. You know, we are not here
to give you everything, but just a little bit. So, in our first meeting what we were trying to
come up with -- what would be a good Welcome to Meridian sign. We were sitting
around and we thought we had a great idea and one of our members looked out the
window and saw the Meridian flag flying on the flag pole and said how about that? And
it actually caught all -- everybody's attention in the room and said that's a pretty good
idea personally. So, all we did was we added the word welcome or welcome to on that
flag and we thought that that would be a good community identifier for us. And, Caleb,
can I just get you to help. I will be Vanna. You don't have to be Vanna. But this is the
actual size what the sign would be. As Caleb kind of pointed out, that -- that is the size
at which ACHD and others will allow us. Just to give you some perspective about what
it might be. Thanks. Caleb kind of covered that and as he mentioned initially we have
proposed up to 27 signs for placement and perhaps a few extra for replacement, just so
we don't have to go back out if one is damaged or otherwise. And at this point in time
with ACHD covering the installation, the cost for the sign and the post would be about
125 dollars per sign to have these installed and at this point in time we have identified a
funding location and if Council's desire is to move forward on this, we would bring that
out back as a budget amendment for you from existing funds from this year that
probably won't be expended. What we just did -- and this was something that -- just to
Meridian City Council Workshop Meeting
March 8, 2011
Page 21 of 60
..give you some ideas. And we really haven't talked about this at the task force that we
haveg otten to yet, but just want to give you a couple of ideas that came to Brian in the
Planning Department artment during his spare time. I would hate to see what he could do if he
really put some thought into this. But he just said, hey, here is a couple of ideas. He
has some experience in doing this for subdivisions and others and these are -- these
are definitely different than what you saw on the first slide. You know, the traditional
welcome to signs that a lot of communities have are typically wider in an area -- I think
that you're probably familiar with the ones in Eagle and Emmett that they have on a
corner that take up that corner space. It is more difficult, probably, for our community,
at least on the part that's already developed, to try to go in and ask someone to do
something or change their layout or something that is more vertical perhaps, would be
easier to do in existing right of way or right there along the edge of their property. So,
he just proposed a couple of these that we just wanted to share with you. They are
pretty much the same type of design, but you get the flavor and this is something that
we just wanted to throw out to you and get any -- any feedback that you might have,
either on that concept or any ideas that you might want us to take a look at. So, with
that, the only other thing I would comment on is at least on these monument examples,
you notice we aren't using the Meridian logo. It is really kind of the star and swoosh and
that is kind of something similar that the parks department has been looking at on their
signage for pathways recently as well. So, that might be one of the community
identifiers that we incorporate, if not in this type of sign, in any type of sign that we look
at. So, with that I would conclude and stand for any comments or questions.
De Weerd: Thank you, Robert. Council, questions?
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: Robert, Caleb indicated that -- that you had been in contact with both ITD
and ACRD. I'm not sure, given what I saw about the two -by -three sign, that you will get
an agreement on the part of at least ITD's case to post that kind of a sign on their right
of way. I believe they have to comply with the uniform signage code and -- and maybe
you have got that worked out. And, hopefully, you do.
Hood: Madam Mayor, Councilman Rountree, at first -- and, basically, ACHD and ITD
had the same thoughts going into this, that the MUTCD would control these types of
signs. It looked a little bit further into the details and said, well, these are kind of a
different type of sign. I was concerned about the blue background and what that means
and, again, with ITD they haven't given the thumbs up yet, but I have talked to Pam
Golden and she's going to talk to Dave Jones and run -- run our concept by him. But
everything else that she sent me as far as standards go I think we have got a pretty
good shot at getting these to go down. She had -- there is also some distances away
after you get off an interchange, it can't be on the interstate system, those types of
�-... things. So, locations will probably need to shift a little bit. But she didn't really give any
indications that that Y
n won't work. I definite) want to have a -- you know, a yes, this
Meridian City Council Workshop Meeting
March 8, 2011
Page 22 of 60
..�-... is ago from them before we purchase these signs, but this -- this has been a couple
weeks -- couple three weeks ago now that she said let me talk with Dave and I will get
back withY ou. So, I will follow up with her. But all indications are they aren't subject to
MUTCD rule book for signs.
Rountree: Great.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: Just a comment on the monument signs. Those designs are very attractive.
on out, I would suggest that we n the ones where the swoosh kind of hangs I would -- g
think about both safety and vandalism. Those parts are likely to either get broken off or
-- if they are not way overhead it would be a safety issue for people that might run into
them and I -- while the design is attractive, I would suggest containing them in a way
that no parts hang off the side of it. Just a thought.
Simison: And Councilman Zaremba, Madam Mayor, Members of Council, the one
question I would also ask for feedback on is whether you like these or whether you tell
us, you know what, we really like the welcome to Eagle signs that they have or we like
the statue. If there is a particular type of thing that, you know, gets Councils attention,
you know, there is, obviously, a funding issue and the larger you go the more expensive
it is and we will always want to keep that in mind, but, you know, this -- we do plan on
going oin back and start working with the Arts Commission on what something else might
look like and sin committee, but we appreciate any feedback that you might have, if
g
you have a particular type of welcome sign that Council would think would work for our
community.
De Weerd: Mr. Hoaglun.
Hoa lun: Madam Mayor. I want to follow u, Robert. You said something at the end
g
about the look that we want to have and when I think of our pathways, you know, we
have the Bud Porter sign and that was one of the first ones, but as we go around the
community and look at segments that might be named after prominent Meridian citizens
and whatnot, will that type of sign work, a monument sign, when we are naming names
on there or are we going to go to a different type of sign that has similar elements,
although may be a wider two post, as opposed to something like this. I -- what -- how
far did you guys go into that discussion, if very much?
Simison: We really haven't gone into the discussion that much, other than to talk about
the design elements, but -- with the recent park signs that showed the star and the
swoosh as their kind of identifier and I don't know if that's the parks -- I assume that's
the parks department's direction to go more towards the signage, but we have talked
about incorporating whatever we end up doing in a monument sign if we can with the
park signs and even with signs that might identify the Core or downtown, you know,
Meridian City Council Workshop Meeting
March 8, 2011
Page 23 of 60
what would be that unifying component and that's how we realized the monument sign
discussion is going to be large g r and longer and we didn't want to try to hold up the
our community at this point in time while we try to work
rectangular signs going up in o tY p .
g � the community might be for
what unifies as much as we can signs throughout Y g
through
parks or downtown, etcetera.
Hoaglun: Okay. I just want to be sure Madam Mayor and Robert, that -- not binding it
to this style, but dust to
make sure the theme of the elements are within that sign and,
then, they
can make it how it fits for what they need it for, so -- okay. Thank you.
De Weerd: Additional questions? Comments?
Bird: I have none.
Rountree: Madam Ma I just -- to Robert's comment about what do we think about
this, m I'full confident that the subcommittee can come up with some design
y
recommendations and I real) don't want to comment on that at this point in time. But I
would suggest that you do keep into consideration things like maintenance,
gg
r laceabilit safety, as Councilman Zaremba mentioned, and those kinds of practical
ep y' y' � •
thins because as we et potentially a large number of these, you're going to be
g g
replacing letters you're going to be replacing foundation pieces and whatnot. So, that
p g �Y g g
needs to be considered in the entire concept and ultimately the cost factor is going to
have to be considered.
De Weerd: And Ig uess tonight -- and giving direction to that committee is do you like
the idea of extracting the star and swoosh and using that in it or do you want to use the
logo that is also on that slide with the Meridian, Idaho, and, et cetera? That would be
helpful direction I think for anything the sign committee would do from this point forward,
p
but also it lends to the same discussion of the sign we brought to you about a month
regarding ago of -- the Diane and Winston Moore Pathway. We used the star and the
g
swoosh in that. So, any feedback on that as an additional identifier.
Rountree: Madam Mayor, from what I see the smaller monument example here seems
practical. The other one with the swoosh hanging out, it appears to me like that's just
asking for somebody to hang something on that.
De Weerd: Uh-huh.
Rountree: So --
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: I'm agreeing with Councilman Rountree as well, but while I like our logo and I
think it's attractive and it's a good thing on the smaller signs that are going to be on a
Meridian City Council Workshop Meeting
March 8, 2011
Page 24 of 60
post, if we tell the committee it's got to be the logo, then, thatrett well establishes the
p Y
shape of it. These -- the taller, slender monument aren't the shape of our loso I
p go,
would rather not hamstring them. I do like the swoosh. I do think it needs to be
contained and not hanging off, so --
De Weerd: Okay. Well, I think that provides some direction. The can use either/or in
Y
how you want to bring something back. At least leave the creativityto -- to full explore
all options.
Y p
Simison: Assuming that these signs are okayed by ITD, was thereg eneral consensus
on those -- on those signs if we want to move forward with those? And you will
.
obviously see a budget amendment for those before we were to move forward with
them, but should Caleb continue to hound ITD to find out if they acceptable table or not?
p
Bird: Madam Mayor?
De Weerd: Hound? Be diligent. Mr. Bird.
Bird: I think they -- I think they look nice, but they are three by g twos; right? Three wide,
two tall?
Simison: Roughly. Yes.
Bird: Yeah. Yeah. I think they look nice. I don't know howg g You're going to stick
something that big on one post, but good luck.
Zaremba: Madam Mayor?
De Weerd: I know that ACRD has -- had really examined what we werero osin and
p p g
they, too, want it to be practical they came back with a thumbs up. Mr. Zaremba.
Zaremba: Well, along with what Councilman Bird said, the two by three is the largest
g
that they will allow on a single post. The signs that are currently out there are smaller
than that, I believe, and they are certainly noticeable and I would consider the same
shape and format, but they could be a little bit smaller than that and satisfy me.
Simison: They are a little bit tall. They are 18 -- 18 by 24. So, it's not -- it is -- they are
a little bit larger. Not much larger, though.
Zaremba: I would be happy with 18 by 24 with the same design that you got here. Just
one opinion.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Meridian City Council Workshop Meeting
March 8, 2011
Page 25 of 60
. Bird: Are they understanding that we are going to be three foot wide and not two foot
wide? Because you look at your deal -- this is always first, though. You're showing two
foot by three foot, which means two foot wide, three foot tall.
De Weerd: They did see the --
Bird: They seen the actual?
De Weerd: Uh-huh. Correct.
Bird: Okay, Robert. I -- I think it looks nice and if it will stand on one -- you know, with
just one post, no problem. And they accept it. I think it's really -- I think it looks real
nice, to be truthful with you. But I'm not an art critique, so --
De Weerd: When you come --
Bird: I'm like -- I'm like Mr. Rountree, I think our committee can pick out a much nicer
sign than I can.
De Weerd: When you come back with a budget amendment after all the approvals, you
might bring an example of the size that was noted and show both and give a cost to
both. Would that be possible?
Simison: Uh-huh.
De Wee rd : Okay.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I fear with this one -- and I really like this one -- is if you don't go three foot wide
you're not going to get the details of our -- of that sign in there. Two foot -- or 18 inches
you're going to squash it so close that it isn't going to look right.
Rountree: Pretty small.
Simison: And that was one of our considerations, once we -- once the flag shape was
determined, we knew the two actually accommodate the detail on it. We'd have to go
as large as we possibly could and we were looking at four by six, but we were told that
that was too big, so --
De Weerd: Aim high. Well, Council, are you good with the two by three?
,� Bird: I am very good with it.
Meridian City Council Workshop Meeting
March 8, 2011
Page 26 of 60
/00"*-. De Weerd: Or the three -by -two or --
Bird: I think it's a very very nice sign.
E. Planning Department and Legal Department: Consider
Rescinding Various Development Agreements
De Weerd: Okay. Thank you. Okay. Our next item is Item 6-E and I'll turn this over to
Bill or Anna.
Nary: Madam Mayor, Members of the Council, I think we can start with a little bit of the
process and I think Mrs. Canning -- we helped craft a letter. If you recall last year, just
to introduce this, we had brought to you a situation where we had a number of parcels --
or properties that had been approved for annexation with a development agreement and
the development agreements had not been signed. So, the direction from the Council
was is to notify a number of these parcels and Mrs. Canning can explain, you know,
which ones we did, and let them know that unless we hear from them, unless they have
some legitimate reason that the Council could consider, that we would be looking to,
essentially, rescind that approval of that development agreement. Again, these
properties -- almost all of them, except maybe one, have not been annexed yet. So, all
that's basically done is a commitment and approval by the city to annex their parcel
contingent upon them signing the development agreement and so we helped craft a
.� letter with Mrs. Canning, Mrs. Canning sent it out about two months ago and I'll let her
take it from there.
Canning: Madam Mayor -- just a second. I'm finding the Powerpoint presentation. For
some reason I thought Stacy and Tom were going before me, I was already to wait for a
long time. Madam, Mayor, Members of the Council, I did send out a letter and -- to
each of the properties that I will go through with you and the letter was -- although it was
somewhat generic, it was tailored to their property and designed to kind of let them
know where we thought they were in the process. So, quickly going through them, this
is the Benelli Springs property, which may look familiar to Tom at this point. There is
probably not much need for a development agreement on this property. We do feel that
we know at least some owners can't -- can't enter into a contract who purchased a
portion of this property, so you can't enter into a DA with yourself, so we do believe that
it's probably appropriate to rescind this DA. The residential development that was on
here, obviously, can't move forward at this point. This is the Grau Subdivision and there
was a preliminary plat, obviously, that's expired and an annexation application. Mr.
Grau has contacted us. At the end of this presentation I will show you a little
spreadsheet that says -- has everybody's name on it and who has contacted us. I
should say Mr. Grau contacted us, but to my knowledge he has not provided a letter to
Council stating that he's interested in continuing the DA. Shaylee Estates -- the owner
actually formally dropped the project. So, it would be appropriate to drop -- or rescind
this DA as well. So, he has not contacted us since the letter went out. Matador
:.. Subdivision. We have not heard from this one either since we sent the letter out. It's
located up there off of McMillan and Locust Grove. This is the Villas at Lochsa Falls.
Meridian City Council Workshop Meeting
March 8, 2011
Page 27 of 60
Doug Campbell did contact us and the property owner contacted us as well, but to my
knowledge they have not provided a letter saying that they want the DA continued.
Sgroi has contacted us and has provided a letter -- Mrs. Holman just made copies of
that and passed it out to you or has copies available I believe and I believe Mr.
Whitworth is here today to represent Mrs. Sgroi. This is the Goff property and this
shows three properties, but it's just one, actually. It's this one that's not annexed yet.
And they have contacted me and I believe she's sitting in the back. Yes. It's been a
number of years, but -- so, she's prepared and they are interested in keeping the DA
alive. Both of those folks that are in the audience may request modifications to the DA.
We're not sure. Fignut Subdivision, a Van Auker subdivision, there was a number of
conditions that were placed on this subdivision, so I think they are not interested in
pursuing it. They have not contacted us one way or the other since we sent the letter.
And that's all of them. So, the next thing I'll bring up is just a little Excel sheet that
summarizes what's going on. So, again, Ten Mile development -- I didn't mention that
one. This is one where we are sure that they don't want to move forward. This is now
owned either by Dennis Baker as part of Pinebridge or really Scentsy owns almost all of
what was in this past development. Ten Mile Christian Church, they did a
miscellaneous application for a DA modification. They never signed the DA, but they
have done all the conditions of approval. So, there is really no need for the DA mod at
this point. And, then, the others I went over with you. So, again, the only two that we
have heard from and that are in the -- or that we have got letters from and are actually
in the audience are Sgroi and Goff. With that I will answer any questions. I can fill this
. out as we go along, if Council would like me to, so we can keep things straight and I
could answer any questions you may have at this point.
De Weerd: Thank you, Anna.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: I may have misunderstood the original purpose. I was under the impression
that the choices were come in and sign the DA or drop the annexation. I didn't think we
were offering a choice -- you can keep the DA unsigned indefinitely.
Canning: And I'm sure that that is an option. I just -- we weren't quite sure where
Council might want to go tonight once you hear from folks or -- yeah. Mr. Nary and I
weren't quite sure where you wanted to go from here. So, what we have told folks is
that they can come and talk to you tonight, but we are not sure if -- if there is an ability
to extend it or not or if it's just sign now. So, they are aware that this is not a given, but
there are a couple folks here to talk to you.
Nary: Madam Mayor?
De Weerd: Mr. Nary.
Meridian City Council Workshop Meeting
March 8, 2011
Page 28 of 60
.eoo"� Nary: Madam Mayor, to maybe make it a little murky, in the past we have not really
held any -- any real dagger over any development project. Now, five years ago this
didn't happen much. Most people tended to come in, develop, get approval, get a plat
signed, get their DA signed, get their annexation going, and it tended to move fairly
quickly and this rarely happened where you had something that sat out there for six,
eight, ten months or more. Occasionally we had a few that went well beyond a year, but
yet we never really had any concerns either way as a city on whether that would have
any impact on surrounding neighbors or anyone else. Basically, no one could develop a
property except for the development agreement that been approved, so if they wanted
to move forward they either needed to do that -- once in a great while we would get
people that wanted to make some changes. If you would recall you probably -- you may
recall an occasion where we would have one where they would sign a development
agreement with an immediate application to modify that development agreement, so
that they could come in and do something differently. But we couldn't allow them to
modify until after they signed it. So, even though we have had a provision in the UDC
that says you have to sign it within a year of its approval and that was within two years
of its approval. If you didn't there is no penalty. Well, what we found is that there are a
number of times where property owners are sort of in limbo as to what do they want to
do or not do and we felt there might be some value and that was our discussion a year
ago or ten months, should we put people on notice that if you don't find this and this
time period has elapsed, we are really just back at ground zero. And if nothing else to
get some contact or some conversation with those property owners to see what are they
going to do with those properties and when. Because it does seem to sort of leave
things landing out there in limbo. It's an interesting sort of nitch in the code, because
they are annexed, so deannexation is not an option. They haven't signed an
agreement, so they are not in default of it, but they are in -- they are in violation of our
ordinance that required that they sign this agreement within an certain period of time
and they are, essentially, subject to your authority to simply rescind your agreement,
because all you have committed, as I said early is you have committed to annex their
property conditioned upon them signing this agreement. Their lack of signing it subjects
those property owners to your rescission of that approval and they, essentially, start
over. Some of these projects are going to have to start over regardless, because their
plats have lapsed that there is no other way for them to develop at all, they are just not
annexed. Even in the discussion in my office we had a hard time figuring out under the
code what exactly we need to do to rescind that, because there is no notice really
required, they are not within the city limits because they haven't been annexed and
there is no one that has an entitlement on that property any longer and certainly the
neighbors don't have any entitlement to notice, so it's our belief if your direction is to
bring forward recission orders for some of these properties, that your agenda notice is
adequate, we have already notified the property owner, there is nothing to record, and
we would simply bring in front of you a resolution to rescind your earlier action outlined
in the clauses of the resolution what actions had been taken and what action you're
doing now. And we feel that's adequate notice, because, again, nothing's recorded
against these properties today, other than whatever due diligence they would do if they
�--` were in a sale or if they were transferring ownership to someone to figure out what they
can or can't do. But, essentially, they are a county parcel, haven't been annexed, and
Meridian City Council Workshop Meeting
March 8, 2011
Page 29 of 60
.100� you have a pending agreement that's just hanging out there. If you choose to do
nothing, nothing bad is going to happen, but the problem has been on rare occasions
people have signed these agreements sometimes two or three years later and suddenly
they are trying to develop something that now doesn't necessarily fit the character of the
neighborhood much anymore, because other properties may have developed around it.
With the slow down it hasn't been as significant, but that's one of the reasons or
concerns that we had is you'd have somebody that came in and that you had an
approval in 2007 and the surrounding changes to it may not fit the same neighborhood
as it was before and now you're going to have conflict. It may not violate our code, but
you're going to have conflict. So, anyway, that's the long lawyerly version of why we are
here, but you have got a number that we have sent notices to. I know we got at least
one back, because I think my legal assistant told me today we got one return to sender
that was not deliverable or forwardable, but, otherwise, most of these folks we haven't
received anything back, so as far as I know they have received it at the only address we
have for them and they haven't made any contact with us, so --
De Weerd: Okay. Council, questions?
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: Bill, in your explanation -- and, obviously, we don't have a procedure for
extending the DA, based on our ordinance, lacking a procedure can we make one for
convenience at this point in time, because we have a couple instances where folks are
still interested and it seems to me that we probably ought to at some point in time
modify our ordinance to include something with respect to DAs as we have with
subdivision extensions.
Nary: Madam Mayor, Members of the Council, we have discussed this internally a few
times over the last few years. Our ordinance as I said, requires to sign the DA now
within two years. There is no penalty provision if you don't. So, the position we have
taken in the legal department is unless we proactively choose to do something or to
take this action to rescind our action, it's really no harm or no foul. I mean, basically,
again, we have always agreed is to enter into a contractual relationship and part of the
condition of that contract is we will annex their property if they will agree to that contract.
I think it's probably wise that if we go forward we will probably be doing this at least
once a year that we can craft an ordinance that says what happens, but, again, one of
the problems -- and this is more of a legal issue, is it's always problematic to create an
ordinance that only binds us to do something and in this situation it really binds only the
-- the only party to -- the developer, if they don't sign it they are subject to your ability to
change your mind. If they sign it within the year or they take it beyond a year, but you
haven't made a decision to rescind your decision, they could still go forward. Sort of like
deannexation. In our DAs they all say if you breach this DA you are subject to being
,r-.. deannexed, but it's not automatic. We have allowed people to go beyond some of their
conditions in their development agreement, as long as you are in agreement with it,
Meridian City Council Workshop Meeting
March 8, 2011
Page 30 of 60
because, again, this city's the party and we have allowed them to do that without
enforcing the -- the breach clause of the agreement, so it's the same. Ifour decision
y is
on the two that are in front of you, then, it requests an extension for us to not take action
ct on
today, we dont have to, nothing changes and we can take action on the others and
that's perfectly fine and nothing really changes either way.
Y
De Weerd: Any other questions? Any other questions?
Hoaglun: Madam Mayor?
De Weerd: Mr. Hoaglun.
Hoaglun: Just to go through that spreadsheet again, the Villas at Lochsa Falls, alls, they did
contact you, however, you just didn't receive a letter, but they want to retain their
DA.
They haven't signed it, of course, but did I hear that correctly?
Y
Canning: Madam Mayor, Members of the Council when folks called us, Council
Member Hoaglun, what we said was Council may consider allowing you to sign your
DA, even though the time has expired, but you need to be re
. Y prepared to commit to
meeting those obligations on the DA and I think that that's whyalthough -- g some folks
contacted us, not everybody sent a letter and is requesting that the still be
. q g y allowed to
sign the DA. I think that some of them just can't commit to signing the DA. F
g g or some of
i
them they have a -- there s a monetary obligation to hook u to
g p sewer and water, so
that overrides their desire to continue the DA.
Hoaglun: So, Madam Mayor and Anna -- so, there may be some h '
y hesitation thinking if
they sent the letter they were, then, committed to that course of action, which, yes, they
still want to pursue that project as outlined in the DA but there is some o e reluctance on
their part to -- to incur a financial obligation at thisp oint in time?
Canning: Exactly. And it's generally tied to sewer and water. So they would rather dust
redo the annexation application for 1,200 dollars, rather than paying the --
p y g e fees for to
hook up to sewer and water.
Hoaglun: All right. Thank you.
Canning: Madam Mayor, Members of the Council, we do allow time extensions as --
as
a DA mod. So, the code was clarified for that and, then we extended
the one year to
two years. So, I was going to show you the code, but it still one s sa
y year, so I'm
looking for the other one and I'm almost there.
Hoaglun: Madam Mayor, just a comment. It was interestingwhen I
asked Mr. Sullivan
about access to capital for health and technology corporations and he said it's still tight
and I didn't realize that would kind of play into this, but I can see where some of these
projects -- a because these are -- you know, banks are takingdifferent look at things
now and anything with risk associated, they pretty much want everything risk free. ry g e. Well,
Meridian City Council Workshop Meeting
March 8, 2011
Page 31 of 60
if you're trying to start up something that's very very difficult to do. So, it kind of puts us
in a situation there is no way out, that we have a process, but at the same time we have
no path forward, as Councilman Rountree pointed out, how do we -- if we want to
extend it, how do we do that and at the same time some of these letters that come in,
can see the situation that they are in, where the ability to move a project forward
depending on outside capital could be very difficult to obtain right now. So, it's kind of
stuck.
Canning: Madam Mayor, Members of the Council, we did -- I have put the code up. It
hasn't been codified yet, but it reads: A modification to the development agreement my
be initiated prior to signature on the agreement by all parties and/or maybe requested to
extend the time allowed for the agreement to be signed and returned to the city, if filed
prior to the ending of the two year approval period. So, we made that -- it was actually
two different UDC text modifications that we have made one. Was to allow the time
extension and one -- then came back and modified it to move it from one year to two
years.
De Weerd: Additional questions or comments? I think that the letters in front of you,
Council, speak for themselves, unless there is additional comment. What is your
pleasure?
Rountree: Madam Mayor, another question for Anna. Given what you just outlined to
.Po� us in the ordinance, there is a provision to extend the DA and I understand if it's
requested before, but we could still require that if we were looking at these and trying to
figure out how to keep some still on the books by requiring a request to extend the DAs
to make sure that the DA are consistent with what's going on.
Canning: Yes. I believe that you could allow them to -- to file a DA mod, if that's what
you would like to do.
Rountree: And for my information, as well as theirs, what's the cost of that?
Canning: I didn't come prepared to answer that question. I think it's -- I think it's close
to 600 dollars.
Rountree: That's what I thought.
Canning: I have our web page up. I can look. Five hundred and two dollars, sir.
Rountree: Thank you.
Hoaglun: Madam Mayor, a question for Anna. These letters, though, do not constitute
a request for an extension of DA or do they?
Canning: Madam Mayor, Members of the Council, Council Member Hoaglun, we --
again -- and I hate to be what Mr. Nary called me, murky, but we weren't quite sure what
Meridian City Council Workshop Meeting
March 8, 2011
Page 32 of 60
Council would want to do. We weren't sure what kind of reaction we would have to the
letters, we didn't know how many folks would come forward. What we told them was
that they would have an opportunity to at least let you know that they were interested in
still signing their DA.
Hoag lun: Okay. Madam Mayor. And I see on the Whitworth letter that it is a request
for extension and reading this other letter from Hemrick it sounds like they are
interested in continuing it and doing what -- continuing the DA. So, in my mind I guess
these -- both letters would -- are requesting an extension of the DA. And one last
question, Anna. Well, I shouldn't saw last question. Who knows. Is there a process,
then, if -- do they have to come back, then? Is there a process they would have to go
through with your department to -- to get this one done to bring it forward?
Canning: If the desire of Council is to have them do a DA mod, which is what the code
says now. It didn't when they went through the process, but what the code says now is
they can do a DA mod. If that is the desire of Council, then, yes, we have a process for
that that includes the neighborhood meeting and posting and notice. But it comes
directly to Council, it doesn't go through the Planning and Zoning Commission.
Hoaglun: Thank you, Anna. That was not murky at all.
Canning: Thank you, sir.
De Weerd: Well, now that everything is clear, what is the direction?
Rountree: Madam Mayor, I'll just throw this out. On your matrix I would say that we
rescind those DAs for -- already decided for the first three. So, number five, number six,
number seven and number 11 and though we did not receive a letter from Villas, we did
receive a contact. For the remaining three, just for consideration and for some
discussion, allow those DAs to stay in effect for six months, at which point they will be
rescinded unless the applicant has submitted a DA modification request.
Canning: Clarification, Mr. Rountree. Mr. Grau also contacted us, but didn't provide a
letter. Did you want to extend that same six months?
Rountree: I was under the understanding that that was one that had been resolved, but
if that's the case, yes.
Canning: Okay.
Bird: Was that a motion, Mr. Rountree?
Rountree: I just opened for discussion. I -- and the reason I say that is that we are
murky and we can maybe work through the murkiness in six months, as well as the
applicants in terms of their financing and willingness to move forward with the projects.
Meridian City Council Workshop Meeting
March 8, 2011
Page 33 of 60
At that time, hopefully, they will be in a situation where they can decide one way or
another and we can either get them on our books or take them off our books.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: Either I missed it or clarify -- the ones that we would act on tonight, that
would be we would rescind tonight?
Rountree: We would rescind tonight.
Zaremba: Thank you.
Hoag lun: Madam Mayor, just. my sense of it, I think that's a good action to take for
tonight.
Canning: Madam Mayor, Members of the Council, I'm just going to briefly show you a
copy of the letter I sent. This is the one in Mr. Sgroi and it, basically, say the City of
Meridian will consider rescinding the approval of this project tonight. Please feel free to
contact my office if you would like the Council to consider action other than recission of
this property.
De Weerd: So, in essence, the six months is to allow staff time to clarify our processes
or -- what do you want in six months?
Rountree: Well, I'm just saying we have six months to clarify the murkiness in our
ordinance to either put a penalty in for not doing it and also allow the folks who are
under the understanding that this thing could go beyond two years without any penalty,
when, in fact, our ordinance says you have only got two years -- give them six months
to figure out if, in fact, they really want to go forward with this and if they want to, then,
request an extension, they can request an extension. If the owners and/or applicants
and users have come to a conclusion that they are not going to move forward, then,
they would know that the DA would be rescinded and they would start over, so --
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I go along with Mr. Rountree's thoughts. I would -- given the economy and the
problems with getting financing and stuff, I would -- wouldn't mind seeing that go from
six months to a year. While I know that's a little longer, I could -- I could certainly accept
a year and that gives both -- not only our staff, but also the people a little bit more time
to see if they can get financing or if it's -- if it's a viable project to go ahead with -- you
know, I think sometimes in these times it's pretty hard to get anything done within six
Meridian City Council Workshop Meeting
March 8, 2011
Page 34 of 60
months when you're g
u're trying to et financing or something. At the scale that they are
�
going to be asking for.
Hoaglun• Madam Mayor Ijust want to -- the six months, my understanding, was that
.
re tonight that the are interested in an extension and they would
we have two letters he g Y
have up to six months to decide if that is what they wanted to do for certain and, then,
they could file for that extension through our process. And the other two -- and I'm
interested in allowing them the same thing, because I want to be sure they understood
what this was about a pp and what could happen to them. They contacted the staff and I
want to make certain that the want to continue with what they have on the books now
opportunity and again, that gives them
that they have that opp y � up to six months to decide g .
going to do. And if the decide not to, then, its withdrawn and they are
what they are g g Y
back to square one. But I mean if we want to go a year, great. I think six months is an
time, because then, that extension, as I understand it, Anna -- and,
adequate amount oft � • .
' wrong on that -- that is for an additional two years, is that correct?
please, tell me if I m g
Or is it one?
: There is -- we didn't put a time limit on them. They are a contract. They are
Canning
-- it's difficult -- and that's why these aren't as clear as code usually is, because this is a
�t s d Y
contract you
enter with the owner and we try not to put too many sideboards on that
use the take all different shapes, sizes, and forms. So, you could
contract, because y
decide, you know, that it's somethingyou may want to let live for five years, if that's your
desire. Or you may want to give it a shorter time frame, because you want to
y
encourage
them to move forward more quickly. So, we didn't put any- specific time
frames on it.
Hoa lun: So Madam Mayor, we are being intentionally murky on some things, so --
g Y
okay. Got you.
Canning: Don't tell the attorney that, but yes.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: I have been one that was on the side of saying that the original DA needed to
be signed within six months and it keeps getting extended and extended and, then,
. Like an contract it's not penalty. If you don't sign it it's just void. And that's
ignored y
ive it's justs-- it didn't happen. I don't want to call �t a penalty,
not punct pp I want to say if
you haven't sig isigned it in six months -- or in two years now, apparently, s what we are
doing, it's void. But I also would agree that perhaps we should have a system like we
v time extensions for plats that the director can kind approve a year extension and,
have
n if there needs to be a second one Council has to approve it.
the But, like I say, I don't1
consider it a penalty, enalt , I just -- it dies after two years if it hasn't been signed.
Nary: Madam Mayor?
Meridian City Council Workshop Meeting
March 8, 2011
Page 35 of 60
De Weerd: Mr. Nary.
rs of the Council, just so I'm clear, the ones yo
Nary: Madam Mayor, Members u're talking.
• additional period is Grau Villas at Lochsa Falls, Sgroi, and Goff
about giving an additional time pe ,� . • .
' Member Hoa lun, itsjust an additional time period for them
and if I understood Council g
• h development agreement, or bring you -- bring to planning
to either go forward, sign the p g ..
' extension and we are going to, essentially, extend the ability that's
an application for an exte g g
in the code currently t y
• that, basically, all we are doing is allowing them to use the
process that currently y apply exists for an to a I before their time period has expired to
allow them to request an additional extension. These other ones -- and if I understand
but some of these ones as you can see, like the Ten Mile development,
the discussion, b
that's seven years old. So it's not like it's -- like they are waiting around for financing,
think some of theseare ones that the all have lapsed for a reason. Some of them, like
Y
I said, we got back a notice that wasn't deliverable any longer. So, I don't know who --
who is even available. But I mean if that's -- if that's your direction we could certainly --
certain) manage that and, then, if Mrs. Canning feels like we need to look at
we could y g
amending
the UDC to allow that to at least put in there that the Council can extend that
of the code to anyone. We could certainly look at doing something like that. I
provision Y .
' always cautious about getting to sort of undefined when we grant this sort of
just--Ima y g g
thing. But here because it is such an odd duck, rather than just sitting out there, we just
felt it was necessary to clean these up and this is a way to get that done.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: M comments were actually directed at clarifying or modifying the UDC. I
Za y
support Mr. Rountree's suggestion for tonight. What we do tonight I agree with what he
pp gg
suggested, but I'm -- in a long-term revision of the UDC I would to see it be pass -fail,
with a possibility of a time extension like we do with plats.
y
De .
Weerd: Oka I think that gives direction as far as moving forward and what would
happen further down the road, buys time for four to -- four of these items to come back
Y
and let us know how they would like to proceed within the six months period, so --
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: I move that we rescind the DA for those elements in the matrix before us,
Ten Mile development, Ten Mile church, Benelli Springs, Shaylee Estates, Matador Sub
p
and Fig nut and that the remaining four, Grau, Matador, Villas -- no. Excuse me. Yeah.
Bird: Not Matador.
Meridian City Council Workshop Meeting
March 8, 2011
Page 36 of 60
Rountree: Grau, Villas, Sgroi and Goff be notified that they have six months for
consideration of applying for an extension of the DA and if they choose not to, then
their DAs will be rescinded at that point in time.
Zaremba: Second.
De Weerd: Okay. I have a motion and a second. Any discussion? Madam Clerk will
you call roll.
Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun,Y ea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Canning: Madam Mayor, I'm sorry, can I ask for a clarification, just so we are clear. So
they don't -- if they dust want to sign the DA tomorrow that's not an option, they need to
p
bring in and file for a DA mod for an extension of time?
Rountree: They have six months to sign the DA.
Canning: Okay. So, they also have six months to sign the DA?
Rountree: Sure.
Canning: Okay. And just for staffs direction, if we could -- if I could et a feel from
. g
Council on the director time extension, the initial one. Is that something Council as a
whole wants? I didn't hear much discussion on that.
Rountree: I would say make it similar to what we have with subs and you have the
.
discretion for one year --
Canning: Okay.
Rountree: And I agree with what Mr. Zaremba said, to clarify language about the two
years for the DA, that it -- at two years it's done if it's not signed. That way it doesn't
• .. y
have to come back to Council and you dont have to make a decision. The decision has
been made for them.
Canning: Yeah. Okay.
Rountree: If they request an extension within that two year window, then, You have got
the discretion for a year and after that it comes back to Council.
�--�.. Canning: Okay.
Meridian City Council Workshop Meeting
March 8, 2011
Page 37 of 60
Hoaglun: Madam Mayor, Anna, you have on that -- '
.. Y it says under item two for owner to
file a D.A. modification application -- doou mean a D '
Y A extension application?
Canning: The code says that the extension is a modification.
Hoaglun: Okay. Thank you.
F. Parks and Recreation Department: Discussion on Tully Park
Snow Cone Stand Proposal
De Weerd: Very good. Thank you. Okay. Item 6-F. I'll turn this over '
Y er to Mr. Siddoway.
Siddoway: Thank you, Madam Mayor, Members of the Council. We are'
here tonight to
engage the Council in discussion about an idea to add a snow cone shack in Tully Park
and seek your feedback before moving forward. We see this as aoten
p tial revenue
source, but, more importantly, it's an amenity that a lot ofeo le are interested in.
p p We
currently have -- most people know the snow cone shack that exists in Store Park '
Storey . Its
not actually owned or managed by the city, it actual) sits adjacent to the -- to
Y 1 the
swimming pool there and is owned or operated by -- under contract with WARD but a
of of people that go to that park like having that amenity there. We do have o
. Y our own
concession stand that sells snow cones in Settlers Park. It's verypopular. And soon
p p
we will have one in Kleiner Park as well. We took this discussion to the commission last
i
. month, discussed t with them, they were very interested in it asked us to move it
forward and based on another location that we had taken them the asked ed us to
consider some alternative locations, which we have done and I'll let Colin address that.
You have a handout that Colin has prepared. Colin's been coordinatingwith
vendors for
our department at Settlers Park, for movie night and related things. He's had some
interest expressed to him in this and brought it to me and, like I sa we took it to the
y,
commission, now up to you for some discussion. If you like it we will move forward. So
with that as an introduction I'd like to turn the time over to Colin Moss toresent the
idea.
p
Moss: Thank you. Madam Mayor, Members of the Council as Steve said,
proposal stems from, you know, other people contacting me interested in this location
particularly because, you know, after Settlers and after Storey Park Tully Park is really
our most popular park. We have the skate park there, we have twop icnic shelters that
are booked pretty regularly and, then, we have two softball fields that are used for
league games Monday through Thursday and Fridays a lot of times as well as weekend
n ed
tournaments every once in awhile and so there is no doubt that there is some desire
from independent contractors to utilize this facilityand you know, I want to start so Y rt o ut
by saying that we have -- we have no doubt that we will have takers for this -- for this
location and that we will -- we will get several bids to operate it. And as Steve also said
we originally had a different location proposed. The original location -- and hopefully
g
this works -- was -- okay. So, the original location was -- no. It's not working.
9
Canning: Let me help you.
Meridian City Council Workshop Meeting
March 8, 2011
Page 38 of 60
Moss: Well, the original location was, basically, u ' p and to the right from where it
i
currently s, facing the pathway. So, in between the playground '
p yg and the sidewalk. Our
commission had some input on that we -- that the did not want as people
• � Y p p e are standing
in line to receive their snow cones, didn't want to be blocking the
. g pathway and so myself
and Steve and Elroy Huff and Mike Barton met at Tull Park and
Tully talked about this new
location and so, you know, the proposed concrete ad there would
. p uld be ten feet by 12
feet, which would accommodate a building that the contractor would bring in themselves
and that -- to put in that concrete pad, as well as bring electrical to that site we estimate
that would be about a thousanddollars. That would not require a budget get enhancement.
We would be able to do that with current funds and, then I did some research on how
much we can get from a lease for a snow cone shack in otherlaces around the e valley,
get anywhere between 100 to 300 dollars a month, depending on location and so you
p g ,
know, using some conservative estimates we think we can et 200 dollars per
g p month for
this site. We also think a conservative estimate for ower usage is 50 dollars a mon
. p g month
and so using those estimates we would recoup the cost of construction within two years
and, then, after that, of course, it would just be all profit for the city, albeit not a lot but it
would be profit, as well as, like Steve said, it would be a great benefit to the ark we
• g p
think. So, the dates of operation tentatively would be May 15th to September 15th the
beginning date being when its kind of starting to et nice and, then the ending date
. g g
would be, basically -- basically aligned with the end of the adult softball season the
second week of September. There are, obviously, other elements that would go into the
process besides what's just laid out on this proposal. In going out with an RFP we
would -- we would have certain specifications from bidders that would require, you
know, a certain look to the building. We want it to be esthetically p g leasin for the park.
We also require that the building be removed from the park at the end of the summer, it
its not just sitting out there all year long and so, you know, between September 15th
p
and May 15th there wouldn't be a building there at all and then -- so with that that's
about all I have. I would want to just open it up for comments or questions at this point
. q
to -- to find out what you think about the idea.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: First, before I ask Colin a question, Bill, can we enter into over one year contracts
with -- like awarding contracts for services for over a year?
Nary: Madam Mayor, Members of the Council, Council Member Bird, it depends how
we craft it. Yes, we can.
Bird: I mean we can craft a way out, but we can do that.
Nary: Yes.
Meridian City Council Workshop Meeting
March 8, 2011
Page 39 of 60
Bird: Colin, my idea on this is I think it'sreat but I
g don't know why we don't put an
RFP out and let whoever is successful do the concrete themselves, bring the power in,
put a meter on it, so we don't have to worry about collecting an of '
just rY g y hat, that s all out on
them, and get a monthly fee. And I don't know if they remove --
I know they remove
the stand at Storey, but I know that -- they don't remove that during winter?
Moss: No.
Bird: You're right. It is still sitting there. Yeah. And I don't know why we would want to
remove -- that's kind of like having some kind of a stand that isn'toin to be blown
g g over
or something, you know, if it gets a high wind. So, it would be attached. But I would like
to see an RFP out. I'm sure you have lots of interested people that would apply
. p p pp y to it and
let them do �t. Let's just take whatever you think is a fair month) deal
y -- we have no
costs, we have got revenue. You have specifications, don'tet me wrong. You specify
g g p fY
how the concrete is, you know, and you specifywhat kind of building, what it's like, g, and
that way we don't have to do anything but collect the rent. That would
be my
suggestion.
Moss: Madam Mayor, Members of the Council, Councilman Bird I I uess m , -- g Y -- m Y
first question to that -- because they are putting so much money u front -- I mean
just y p as
you asked Mr. Nary about a long-term contract, we would be lookin about ou
.g ,y
know, five years or so.
Bird: Three to five years. They are going to recoup -- they are going to recoup their
cost in at least one year, probably, because snow cone has a very very good ood p rofit
margin and if it takes two years -- I can give them a five year contract, as Ion as there
• g
is ops out. I dont know what they do at the other place. I know the one that a friend of
ours have got on Cherry Lane there, theirs is not a year toyear, it's based with the
owner of the --
Moss: A couple thoughts I had was just if we are asking them to make the initial
investment it might be difficult to also ask them to do a monthly payment to us on top of
that. Or, you know, they might want that reduced, because of that. We --
Bird: I disagree with you. If they want to be in business -- everybody that goes into
business has got an initial start-up cost.
Moss: Uh-huh.
Bird: And, you know, I can guarantee you that you go do a TI in a building, the don't --
g Y
they dont deduct your rent for the first six months or anything else if they have done
that. I think -- Steve, I think -- I think you will have quite a few takers on something like
this that would be happy -- I mean, you know, what's a thousand dollars -- and maybe
lets say 1,500, plus the price of a building, which most of them's one of anywaythat's
g
going to be doing it or have -- it's going to be a deal they are going to come in and set it
Meridian City Council Workshop Meeting
March 8, 2011
Page 40 of 60
down and they are going to have tout a meter in bring g electrical in and pour a pad.
And you know --
Hoaglun: Madam Mayor, just touestion that -- and I don't on t know if you know the
answer, that is if we are going to put a requirement thatou have to
y pour the pad, pull
the electrical, and do that, are we goingto have only one or two '
y o people interested in it,
as opposed to if we do that pad and the electrical and the just come in and '. Y set up their
stand and operate, are we going to get five or six people to bid? And m
. p p y question, then,
is what -- what's the criteria for determining bidder -- for the bidder? Is it how much rent
they will pay or is it revenue sharing, what -- if we were to our the '
. p e pad, what's the
criteria to determine who gets the bid for this?
Moss: Madam Mayor, Members of the Council, Councilman Hoaglun, I --
g think the the
proposed lease rate would be a large portion of it, but, then, also we would base a
lot on
experience in doing it in other areas, as well as references that the able to
y are provide
us with. Yeah. And, you know, we would definite) want to have a look at the building
Y uilding
that they would propose putting there. Those would be the main -- the main
factors.
Hoaglun: Okay.
Siddoway: We would probably propose more of a rent type situation than just yp straight
revenue sharing, dust for simplicity sake, so we don't have to gather monthly receipts
and calculate percentages. If we just do a flat month) rate then we know w
expect.
Y hat to
Hoaglun: Okay.
Siddoway: One thing I was going to say is what we current) do with the contract t that
we have with the vendor in Settlers Park is it's written to where it's annual but it has the
ability to be extended almost automatically if he performs to our satisfaction. it's
. Y p action. So, --
is that correct, Colin? It's an annual lease with us, but it's -- has a removal clause as
part of that contract.
Bird: You have to do that. I agree a hundred percent. I --you don't want an art of
Y Yp
that revenue sharing, because snow cones is 99 and 9/10sp ercent cash and there isn't
always a receipt.
De Weerd: I guess I would be concerned with the building itself, having it sit out there.
At Storey Park there are eyes on it year around with the chain of buildings there. In
Tully not necessarily. It is in someone's back yard somewhat in particular in that
location, but I would be concerned having an unoccupied building or whatever there
through the winter months and so I'm not really sure if it's something that should be
there year around.
Siddoway: Yeah. That's why our initial proposal is to have it removed. If we start
talking with these vendors and that's a significant problem for them I suppose we can
Meridian City Council Workshop Meeting
March 8, 2011
Page 41 of 60
discuss that, but, you know, if it needs to beermanen
p tly affixed, but with the Tully
skate park there and over -- you know, it would basically be v '
. y scant for, what, six to eight
months -- five months -- or seven months of the year and just having
. Y ng it vacant that many
months I think would make it prone to vandalism. So our first inclination �'
s to have it
removed during the off season.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: Question for Bill. Having a buildingbuilt on site or brought '
ught in on site by the
vendor and the pad and everything done by the vendor, does that increase, decrease
our liability exposure, as opposed to the cityrovidin the ad and th
p g p e power and,
essentially, leasing that space to an individual for a fee?
Nary: Well, Madam Mayor, Members of the Council I mean --
Council Member
Rountree, yeah, it certainly is a little bit of a mixed ba when 're --
g you're they are going to
want some coverage for their investment or we are going to want -- versus right
. g g g t now, at
least the way the industry appears to me, is these are either portable
. p or semi-portable
buildings that are placed on private property, like parking lots that are sturdy enough
not to blow over, but can be removed if necessary and I would imagine Fred
• • • rY g Meyer or
Maverick get a release of liability from the owner. So if something happens to that
building they are not responsible for it. That seemsr
p etty easy to do. This one is a little
different if we are going to have them build a ad and construct a ad there p p ere and, then,
release any liability for it in our park if we have toet an easement -- its '
g sounds -- it's a
little -- I hate to use the murky again -- it sounds a little more challenging g g and I guess we
need to talk through that. We could certainly -- I mean to follow u Council
p on Member
Bird's idea, I mean there is certainly nothing that says we couldn't put ou
. Y p tan RFP and
see what is out there in the marketplace and like Council Member Hoa lun raised, ed, you
get one or two and they dont seem to be very viable or it doesn't seem like a
very
practical way, we could always reject those bids and o back to this proposal
. it's
g p p al of
constructing at least the basics, since its our park -- you know, I mean we are really just
one step different that Settlers here is what's being proposed, because Settlers there
was already an existing building, we just put a vendor in it to operate. Here we are
e
actually asking the vendor to bring the building to operate. The other thin -- and I
' g
guess I m not clear -- we had a brief discussion this afternoon about this but I think this
is going to -- because it's not our building and we are asking for this temporary
. g p ary use
building, I'm not sure how our parks code and temporary ordinance requirements
. p rY q s are
going to interplay with that. But I really haven't thought that and whether that'soin to
g g
matter whether or not they provide the building or they provide the infrastructure and the
building, whether or not that's going to make an difference. I think our intent i
•' Y t sifa
vendor has got a proposal really its from about June fish to about September 10th'ish
we want someone to operate this facility in the park and we could probably work
throughp y
a majority of those issues, but I mean you raise a great question. I real) don't
g q y
,.. know at the moment if -- how much someone is going to be willing to either release
.. g g g e ease
liability or want some assurance from us about securityand thins like that on
g their
Meridian City Council Workshop Meeting
March 8, 2011
Page 42 of 60
.� building. We certainly get vandalism in Tull Park
now and this is dust another attractive
thing to get vandalism for. So, that'y s certainly a risk.
De Weerd: Thank you for making more it murky.
y
Nary: You're welcome.
r�
Bird: Madam Mayor?
De Weerd: Yes.
Bird: Well, regardless of whether we did, but theads an •
p d the electrical or what we did,
whoever is going to operate it is goingto give a certificate g you e of insurance and they are
going to have to have the health department insurance which you'd
. y d want, whether you
put it up or you dont. I dust felt that -- I felt that, you know, we could --
. Y d we could put up a
revenue income which -- without having to put out an cost and you know, that Y , y at would
be pretty nice -- sounds pretty nice to me. And if we think
we can do it fora 1,000,
private can probably do it for 700.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: I certainly like the idea. I'm kind of partial to the '
. p e original proposal that we
build the pad and they remove it -- the put the building Y p g ou t and they remove it during
the winter. The only thing I would ask is are we thinking big enough. I mean do we
want to -- what else besides snow cones can we sell there and do we need a bigger pad
if somebody says, gee, we could -- I mean Irobabl
p y would not want cooked food
prepared there, but there certainly are a lot of other thins that they y supply besides
snow cones if -- if the pad and the building were big enough.
Moss: Madam Mayor, Members of the Council Councilman
Zaremba, in doing my
research the snow cone stand that's over at Store Park the actual) s
. Y � Y y ell bottled water,
pop, ice cream sandwiches, several different things. I mean whatever you can store in
a freezer or fridge.
I mean they have -- they have that there and so it's a possibility.
. p bility.
They are certainly not limited to snow cones and you know, essentially,
. , Y ssentially, that is a --
that's a discussion we would want to have with the -- with the winner bidder or, you
know, that we would want included in the bidrocess to where they y would -- our bidders
would tell us what they want their menu to be and we would use the menu also as a
deciding factor, because we would also be interested in having'
a large variety of
products offered. Yeah. We could certainly have more than snow cones.
De Weerd: Well, while we are working at making this more complicated, Gated, when you
mentioned all these additional ideas, the idea of power came to mind and what they
.,�--..additionally plug in. Is there a way to individually meter their power,
so the power
Meridian City Council Workshop Meeting
March 8, 2011
Page 43 of 60
wouldn't be part of the lease, it would be more their responsibility in addition to what
their lease was? See, just another --
Moss: Madam Mayor, Members of the Council I -- there is a way to do that and I -- I
know that at Storey Park that is the case right now. Western ern Ada Recreation District
does not pay for power at that snow cone shack it is -- it is in
the name -- you know, in
the name of the occupant of the snow cone shack and so that's -- that's certainly an
option and so I suppose we would have to decideou know, if
y we wanted to go that
way would be -- would we have the occupantsa for it as Mr. -- Mr. Bi
p Y � rd suggested or
would we put the meter in there and then -- Iguess my only -- m first thought is that if
we do our lease on an annual basis that we are changing th
g g over e name on that -- on
that power on -- you know, depending on -- because right now
g the one at Storey Park,
it's been the same occupant for years and ears and ears and I '
Y Y dont think they even
go out for a new, you know, bid process at all. If we decided to do
that we would, you
know, change occupants. regular -- quite regularly if there is different people bidding
different amounts. But I think -- that's aossibilit .
p Y
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: There is a power line that runs just to the south of that back c of the houses that go
,.� down there, if I remember right. There is a transformer on -- on
one of those poles. All
i
you have to do s bring that in, individual) put a thin on it and to '
Y p g change it over you
make one phone call and I'll guarantee to theerson that don't have '
p e it that's given the
bill will make the phone call to say somebody else has of -- res '
. Y g responsible on it. I dust --
think that we are -- we are providing a location for somebodyto have ave a very nice small
business. Why should we put out a bunch of expense to start it up? Let's see e if an RFP
-- let them,put the expense out. The less we have to do with it --
we just take in rent
every month, great, Steve. And make sure they do it to our specifications.
Siddoway: I would just say, you know, theower is even simpler pier than what you
suggest, because we -- when the park was actual) designed and built ears a
.. Y g y go it was
actually anticipated there might be a pay phone there at one time. It never
actually went
in. But power was run to this area with the idea that somethingmight g be there and so
right next to this pad site there is power underground available to be tapped
g pp into.
Bird: But that power comes off of our box and we don't want an a
y part of that. That
power comes through our meter. We want -- we want their own meter.
Siddoway: Yeah. And so whether -- we would have to look into whether it could be
metered separately directly from that location or whether it would have to be run from
the -- run from the pole separately.
Bird: Well, you know what,
Meridian City Council Workshop Meeting
March 8, 2011
Page 44 of 60
,.. Siddoway: We can find that out.
De Weerd: Ig uess if -- we can put this back on. There is a couple more information
items that need to come back and -- and maybe we can put this on in a week or two,
however long it is you need to figure some of those details out.
Bird: Madam Mayor?
De Weerd : Yes.
Bird: I could offer a suggestion. I think the idea is great. I don't think anybody don't
think it's. reatWhy can't you guys get with your liaison and get an RFP -- some kind of
g Y
a draft RFP put out --
Rountree: Hey.
and bring it back to us.
Rountree: Glad to do it.
Bird: You have got all this source --
,�� Rountree: Yeah.
Bird: --to look at.
Rountree: Yeah.
Bird: --within your means.
Siddoway: So, you're saying go ahead and move forward with the RFP and, then, bring
-- see what results we would get --
Bird: That would be my suggestion. I don't know about the other --
Siddoway: -- based on construction.
Bird: -- four, but I -- that would be -- that would be mine. Let's get it going, because we
want it up and running.
Siddoway: That's whywe are here now, because they are chomping at the bit for this
spring.
Bird: Let's get it going.
Meridian City Council Workshop Meeting
March 8, 2011
Page 45 of 60
110010- . Rountree: Madam Mayor, I would suggest that we sit down and do an RFP and bring
the highlights back to Council for consideration and get it out the door and it look
something similar to what Mr. Bird is talking about for the initial go and see what kind of
response we get. Have it out for -- Bill, I think the minimum is two weeks? But its going
to take some -- it's going to take some getting specs together, doing some design in
terms of the pad and the electrical, but other than that I can't imagine what -- what more
you need and -- do you need a drain? Do you need a sewer hookup? I don't know.
De Weerd: Not if it's a mobile.
Rountree: It's mobile, so I think it's all self contained, so --
Siddoway: I think it's self contained.
Rountree: We will work it out.
Siddoway: Yeah. We can get together and work it out and -- so, my question is are you
saying you want to see the draft before it goes out or -- I think based on the
Y g
conversation if want us to do it we can work with Charlie, we can get it out --
Rountree: Unless something gums up the works and if it makes it more murky than it
already is, we will -- we will move forward with it. We can do it.
Siddoway: Okay. We will put it out for the vendor to construct and see what kind of a
Y
response we get. Okay.
Rountree: This is a design, build, operate, and move contract.
Bird: May 15th -- Central District Health inspection.
De Weerd: We look forward to seeing what comes back.
Siddoway: Thank you.
Bird: People buying snow cones.
Rountree: Could be a mini C store.
G. Public Works: Water and Sewer Rates Discussion
De Weerd: Okay. Item No. 6-G. I'll turn this over Mr. Barry. I know they are trying to
pull up a Powerpoint.
Barry: Thank you, Madam Mayor, Members of the Council. We have good news for
you this evening with regard to water rates and sewer rates. We were able to get our
Meridian City Council Workshop Meeting
March 8, 2011
Page 46 of 60
jam.p resentation down to 67 slides. So, thought we would just let know. We are really
excited about that. We just wanted to make sure --
Bird: I was told right in there that we wouldn't be back listening to this crap.
Barry: Mr. Bird, with all due respect --
Bird: Now, Tom, you told me that.
Barry: We wanted to make sure we weren't murky this evening, so -- no. Actually, we
do have somei
b
reat news and I think we can keep this ref. The finance director and
g
myself are going to co -present to you the recommendation this evening. Let me go
ahead and firstg et started by letting you know kind of what's on the agenda tonight. We
areoin to first talk about the fund status. That will be Ms. Kilchenmann and, then, we
g g
will talk about the current model projection, what -- how we model, what the
just assum tions, were, to get you back familiar with how we developed the model. We
p
will do a little bit of fund reflection, looking back three years and also looking forward to
the next five,p rovide our formal recommendations and, then, finally Stacy will follow up
with future considerations for the Enterprise Fund and, then, we can have open
discussion from that. So, without further adieu I will turn it over to Stacy to discuss the
status of the Enterprise Fund.
Kilchenmann: I'm just going to go over a couple graphs and I'm sure you all read your
audit
so , re ortyou have seen these graphs, so I will just, basically, review them. The
p
first one is, again, directly taken from the audit report that we always show you and it
shows utility sales versus operating expenses. So, our goal for this graph is to have the
revenue exceed the expenses, which we haven't had for a few years, but we are
leased that this year we actually are showing a trend. So, for FY -'9 it's -- it started and
p Y
in FY -10 we did have a positive revenue effect there. So, the next graph, again, is the
one thatou see every month when you look at your financial statements and it's the
Y
unrestricted net -- or the net assets compared to unrestricted fund balance. So, it
mirrors the
rapid growth in the Enterprise Fund and our efforts of putting infrastructure in
p
place and, then, it also looks at the funds that we have available to do all the things we
have talked about, the depreciation fund, unrestricted balance and operating fund and
emergency fund and we can show how we started to go down in unrestricted fund
g Y
balance and now the fund balance is stabilized.
Barry: Great. Thank you, Stacy. We will jump right into the model. As you know we
have been using for the last three years a rate projection model that we developed in
house had certified with some folks out of Denver, both the finance staff and the Public
Works staff have worked closely together for the last several months updating this
model and makingsure that it's calibrated and whatnot and so we will just go through
some of the inputs here that we included in the model for this year. We upgraded -- or,
excuse me, updated our operating reserve to reflect what the Council had decided for
us last budget cycle and those are the numbers that appear on the screen. We made
some reductions in the capital transfer and water. We found that we didn't need quite
Meridian City Council Workshop Meeting
March 8, 2011
Page 47 of 60
as much capital revenue based to upcoming capital projects for the five year period.
...�. t p g
t water was modified slightly with regard to the capital transfer. We continue to use
Wase g Y . .
n straight line calculations. The water depreciation amount was 1.7 million
depreciatio g , .
he five year model run and, then, 2.1 million by the end of the model
at the start oft y
period of 2016.
Wastewater is 2.6 million at the start of the water -- or start of the model
year period and, nd then 3.2 b the end of the five year period. I have talked to you before
regulatory reserves and the Councils decided the last two times I brought this up
about reg ry
not to includeregulatory a re ulato reserve. I am going to make the recommendation again this
year regulatory r to include a re ulato reserve and I will show you a little bit more about that as we
go. Whether we formalize that reserve or not, the money would still be available in the
ending fund Y a
balance so it's not real) bigdeal. We just wanted to earmark it so that
we kind of set it aside and we can do that informally, you know, just on paper internally.
what we did run in the model was a two year accumulating reserve for the
n any event,
wastewater fund component of the model so that at the end of the five year period we
had ten regulatory million in a re ulato sort of earmark or reserve account and, then, again, at
of Cit Council we developed a five million dollar emergency reserve for
the directiony p
the entire p
fund. So those were the inputs. The assumptions that we used to run the
I pretty typical or similar to last year's. The population growth factor was
mode are p y yp .
nominal at 25 percent. The growth factor for the personnel is mostly related
essentially, no p
to the PERS
E increases labor, merit increases, those kinds of things. So, we reflected
r e percent each year in the five year model period. Construction costs inflator
that at the p Y .
n the five year E&R average, 3.4 percent included, and, then, we aligned our
based o y g
p
operating expenses with our historical execution rates, which is really key in making the
model run this year. We had not done that in the last two years and I'll touch on that in
little more detail later in the presentation. The approach that we used this year is
a p .
to last ear's and the ears prior. We utilized the leverage capital financing
similary Y
strategy. We p
We attempt to anticipate our current revenue needs based on future
operationalp p
capital, depreciation, and now regulatory requirement needs and we
approached the model b trying to avoid this scheduled rate increase. So, let me go
ahead and just share the results of the model run with you. The nondesignated fund
balance, which is real) what we are most interested in, is plotted here on this graph for
it shows that -- again, we separate the Enterprise Fund for -- internally. It is
you and g p
one fund, but g Y
we have managed it internal) as two separate funds, again, on paper and
the undesignated or nondesignated fund balance for water begins in 2011 on this model
run at about four million and takes a di in 2013 and, then, ends up at around three and
a half million o
' r so. Wastewater starts around ten and a half million at the beginning of
the mode period eriod and then, decreases slightly and ends the five year period at about
,
7.8 or 7.9
million. So the total what we call undesignated or nondesignated fund
the five year model period at about 14 and a half million and ends at
balance begins y
about 11 and a half million and that's the yellow line on the very top of the two other
lines that you see there. So what's important about this is -- can be detailed in the next
slide. You will see four lines here. The dark blue and the dark green lines, which are
above the g g g
green light and the light blue line, depict the difference between last year's
model run a y
and this ear's model run. Now, you may recall back in 2008 when we first
g,
started this
modeling, we had this sort of reverse J curve and it was pretty steep and it
Y out right around the 2012 time period and what we are seeing here is that
bottomed g
Meridian City Council Workshop Meeting
March 8, 2011
Page 48 of 60
and from that articular point in time we have reached what we categorize
moving forty p p
as a stable period for the Enterprise Fund, given the impacts and the assumptions that
we have used ed in the model and that's important, because that's where we want to be
and indefinitely. We'd like to have smaller rises and falls in both
going forty expenditures y .
revenues and not have to o through a mayor increase scenario again. Anyway,
and rev g
what this graph again also shows is that we have performed better than we expected
between last year's administration of the Enterprise Fund and this year's administration
of the fund any
d that was not b chance. I wanted to remind you by taking a quick look
back at some of the things we set out to do in 2008 and give you a status as to how we
performed to
date and whythat performance is allowing us to, essentially, not need this
third rate increase. You may recall that more than three years or so ago our Public
Warks Department,responsibly in res onsibl forecasting its revenues and expenditures, realized
that many adjustments were needed in the administration of the Enterprise Fund.
Internally we audited the enterprise fund, both the finance department staff and my staff,
came up with h about a dozen and a half recommendations, almost all of which have
been incorporated or implemented. Many of the recommendations appear on your
p
screen. Some
of the important ones were for strengthening the fund reporting and
reconciliation of all Enterprise Fund activities, utilizing our cash position for solvency,
is how the model is generated and run. Improving our project estimating.
which
a Public Works gatekeeper, anticipating better and quantifying capital needs
Identifying g p
and developing g
longer term and more robust capital improvement plans, as well as
facility and master plans. The list goes on, but it's there memorialized on your screen
.
n et this to you, if you're interested, in the detail as well. There were other
� and we ca g y � Y
improvements that I think are also noteworthy, however. We developed financial tools
and strategies. This model is a great example of one of those -- to improve our
g
accountability
and performance of the fund. We also modified the rates, which was
tough,especially Y eciall in our economic climate, but it was important and necessary. But we
' stop in just trying to increase our revenues, we took aggressive steps to tracking
didn't p ry g g p
and trending performance data and using the results of that data to guide improvements
he delivery of rams, plans, projects, and services throughout the entire
int ry our programs, g
Public p p
Works operation. We developed a myriad of SOPs and strategies and
technologies, p
hnolo ies incorporated those into our overall operating system, which has helped us
reduce costs over that threeY ear period. We also reduced personnel costs by delaying
the hiring and in some cases freezing positions. Incorporated energy efficiency into our
and operations, savings us hundreds of thousands of dollars over the past several
plans p g
years and then, instituting significant cost reduction strategies and techniques across
department. So what does that real)
the entire dep Y mean and what does that transfer into
as
it relates to our recommendation? I will get to that in a minute. I forgot this last
component, which really you have seen in our strategic plan -- conceptualizes our data
driven decision making process where we collect data to gain knowledge and improve
our understandingof processes, which allows us insight to visualize and ultimately
incorporate improvements known as continuous process improvements or total quality
� p p
management into our da function. So, like I say, what does that mean? Well,
g every Y
with
regard to performance of the fund I'm pleased to report that we have been able to
g
reduce our capital construction costs over this three year period by 3.3 million.
Operationally we have been able to show a 1.8 million dollar reduction in this last three
p Y
Meridian City Council Workshop Meeting
March 8, 2011
Page 49 of 60
,�---r year period. Personne
(wise we have reduced our personnel costs over the last three
years by 2.4 million by hog
holding onto positions, as I mentioned. And grants -- although
sive about -- more
we have been aggressive aggressive than we have in the past about
pursuing grants and other sources of external funding, we haven't been as successful in
' ' have only received about 300,000 in the last three years. One
receiving those. We ha y ,
other important note to
make -- and I credit the finance department for this also and I m
not saying something you don't know, but our actual revenue projections over this last
r our actuals which is a great spot to be in. So, we were able to
three years were under
pick up an additional 3.1 million dollars over the last three years in addition to our cost
savings or cost reductio,
n efforts for a total change of around 11 million dollars. So,
those improvements, working orkin hard over the last three years, having an increase in
revenue, having the economygive us some time to postpone some projects, taking
different strategy and pp Y Y
different approach b studying what we do and being methodical
about implementing p
'n the improvement, has allowed us, as I mentioned, an 11 million
ion over a three year period, which, essentially, offsets, for the most part,
dollar reduction Y
the need for this third increase. So, we are really proud of that and I wanted to share
that with you. Lookingforward, I wanted to give you a picture of what the Enterprise
will look like on ayear-by-year basis from 2012 to 2016 and what you see here is
Fund
five categories. category ries. The lower blue cate o is just the undesignated fund balance and
what you
can see is this black line that I have put on the screen represents exactly what
del results I showed to you earlier shows. If you bracket that line with the line
the mo
abovejust , it that I have addedyou can see that that chunk there between the two lines
is really our reserve. Those are the reserves that Council authorized Public Works to
� e y
et aside and what you will see is that the reserves fairly closely mirror the trajectory
s Y
line of the undesignatedg ending fund balance. Now, this upper portion here, the very
topp
or tips of the columns that are light light blue, turquoise, whatever that might be on
your screen here highlighted in the shaded area, is what I'm recommending as a
regulatory reserve and I want to point out that while it is true we don't yet know all of the
reg ry
details about what's going to have to happen under our new National Pollution
g g
DischargeY Elimination System permit, NPDES permit as you might all be familiar with,
we know that we are going to have to do something and there has been enough
g g
information collected that we know that the EPA is pretty -- pretty set on requiring this
region to meet a 70 microgram per liter limit for phosphorus. And so we feel it's prudent
g g
to begin just setting money aside for that, because we know we are going to have to
g g Y
comply .g
I with itAgain, if we didn't model the regulatory reserve in this particular model
run all of the money that you see here in that shaded area, would have to be added to
Y .
the endingfund balance, so you would see that increase your ending fund balance. So,
Y
it's not really critical one way or the other, but I Just wanted to let you know that that's
our interest is to begin still that separate financing for regulatory requirement. One
other thin that I want to mention to you is that looking forward -- you know, we have
g J
this model which projects five years out, but we are going to try to start seeing if we
can'tJro'ect even farther. Now, it may not be to the detail that this five year model has,
p
but we know we want to look a little further down the road and so I asked staff -- the
engineering staff and others to put together the next five year capital program list that
g g .. .
goes from 2017 to 2022. And there is some stark realities that we are going to need to
g re
beg prepare in to are for. If you look at the capital plan that we presented and are revising
Meridian City Council Workshop Meeting
March 8, 2011
Page 50 of 60
for you again for this year ear from 2012 to 2016, we have 41 million dollars in projected
.--�..
that five year period. That period again 2012 to 2016. If you look at
expenditures over y
2017 to 2022, we have an additional 78 million dollars during that next five year period
in to have to come u with money to upgrade our system. Largely you
that we are going p
majority of that money comes from wastewater treatment plant
can see the m j y Y
improvements, largely driven again, by more stringent regulatory requirements. So,
this is a 90 percent increase in expenses between the period of 2012 and 2016 to the
period 2017 and 2022. 1 don't want to scare anybody, but what's important about that is
,
that as long as
we know that we have now essentially ten years to begin to make
modifications, instead of three four, or five or in the past one, because we were doing
,
things on an annual
basis. So there is this concept that we are working through and
y p
the finance staff has
-- the will be art of this overall concept and the concept kind of
a p
works like this -- concept and it's a t that's used quite a bit by a lot of facilities around the
you want to have our revenues slightly ahead of your costs to build
country and that is y Y
'all if you're in apay-as-you-go kind of financial policy as we are. So,
up funds, especially y
t the area here where our revenues are above your costs is money that you save
that Y
pocket and then you use that money to offset the times where your costs are
and po ,
greater than your revenues. So, Y iyou take that safe money and you apply t to the spend
you're and make
and what able to do from a rate standpoint is level ou
section there
benign e of revenue modifications going forward. So, this is going to be an
more be an t g y type
added comp just onent to what we will want to look at as we go forward. So, I wanted to
stop
there and share that little bit of information and let you know that we are thinking a
longer term although we are only modeling for the five year period. So, finally, the
little long g Y
recommendation is that there be no increase this year, the third year of the scheduled
r ases and that we modify the current ordinance that reflected an automatic increase
ince fY
in this third year as it did eve prior. That's going to need to be modified. I talked
Nary about the need to do that. We have until April the 20th to modify that. I
with M r. N ry y
guess
five days before that, because the ordinance takes -- needs to take effect five
days after the ordinance passed. So, we have plenty of time to modify the ordinance,
y
if the Council concurs with this recommendation not to increase the rates for this
but
year, there would need to be a change in the existing ordinance, so -- f that was
then, i
the case, this is what the rates look like. I mean this is what they currently are and what
we could Id be in -- or what we would also suggest they be, since they are not changing in
r to base and usage for water and sewer rates. So, you can see total monthly bills
regard g
well as average family water use and average family sewer use of 8,000 and 5,000
as e g Y
gallons res'teresting about our demographics s that about 75
respectively. What's ini
percent of all the accounts in utility billing use less than 8,000 gallons of water and,
therefore, an associated 5,000 gallons or so of sewer or less. So, I'm going to turn this
the
back over to Stacy who will finish up with the future considerations for the Enterprise
Fund.
'I henmann: I'm just going to touch briefly on the projects that the finance team and
Kic g g
the Public Works team are going to be working on over the next year. I guess it's
rapidly dwindling to a close. But I just -- I think we have developed a system of working
p Y g
together and when you have engineers and accountants in the same room can you
imagine how exciting? I mean if anybody wants an invitation we will be glad to send
g g
Meridian City Council Workshop Meeting
March 8, 2011
Page 51 of 60
he items we are going to look at -- one is kind of an old pet peeve of mine
�. you one. So, t g g
is looking at the actual composition of the rate structure and our rate structure
and that g .
its of the base which, in theory, our costs that are fixed. Well, usage in theory are
consists �
costs that are variable. And in cases -- well, we know in water that really most of our --
our expenses are fixed. So that's whywe see that the usage can vary from practically
nothing to high and it doesn't real) change our cost. And so that's something that
have worked with with Brad or we had talked about and it has to do a lot of it where we
ion et cetera. So that is something that we are going to address again
move depreciation,
and look at is that rate structure. We have a goal, of course, of preventing unplanned
fluctuations in the fund balance and we have a goal that we don't want to do drastic fee
increases again. inSo this process that we have started in the last couple years will be
something that we will go through on an annual basis, you know, with presentations at
g
Council and this p Y
kind of in-depth analysis, so that we avoid that. It's not that we won't
fluctuate the fund
balance because as Tom showed you sometimes we will save and
sometimes we p g
will end. Same thin we have done with the General Fund. But I think
this planning process we will know what we are going to do in the future. Some of the
we are going to be looking at this year that we need to get done before the
things that g g g
he ear, the Fund Balance policy that you need to formally adopt, so we will be
end oft y p Y
t how much are we going to put in depreciation, how are we going to decide
looking a g g
,
when we spend depreciation, what kind of reserve do we want to keep. I'm sure you all
p p
read the budget policy, ud et olic because that's in there, how we are going to determine some of
those reserve balances. What we need to develop a policy for where we maintain fund
,00� balances,like at X percent of revenue, et cetera. I won't go into all that, but that's
something that we will be working together to do before the end of the year. We will be
g g �
kin at growth. We will be trying to predict assessment revenue. That's a big
looking g
unknown for us. As well as regulation, a big unknown for us. But I think we have a lot
ofprocesses in lace that will put us a big distance ahead of where we were three years
p
ago, so --
De Weerd: Thank you, Stacy.
Barry: Think that draws our presentation jointly to an end, so if you have questions or
comments both of us would be happy to address those.
De Weerd: Thank you. Council, any questions?
Bird: I have none, Mayor.
Rountree: Good news.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: I do think that's excellent news. That's wonderful. Just so long as you're
comfortable with some of the capital projects that were put off are still going to be able
Meridian City Council Workshop Meeting
March 8, 2011
Page 52 of 60
to happen by spreading ,
din them out I -- I don't recall that anything was just flat cancelled,
some things we y so as g
re delayed, Ion as we are going to be able to cover those costs
when they come, I think this is excellent.
Barry: Mr. Zaremba, yes, we are able to do just you have described and we have put
projects off and rescheduled the prioritization of others and in some cases
some p � '
eliminated some projects that we didn't need, because they were either combined or
p �
elements of them were no longer needed. But, yes, we don't see any mayor issues with
carrying in forward the capital plan as we have described it.
Zaremba: Cool.
Hoaglun: Madam Mayor?
De Weerd: Mr. Hoaglun.
Hoaglun. yor
• Madam Ma I just want to commend Tom and his staff for the work that
did on this. The put a lot of effort into finding ways to -- to avoid that 30 year
they y p .
e. The understand the economics out there, what people are going through,
increase. y .
real) went through things with a fine tooth comb and we appreciate that and
and they y g g
everything you have done, Tom. Thank you.
Barry: Thank you.
pp
De
Weerd: Yes. And we appreciate that you and finance are on the same page. Love
to see t
his dual presentation as well. Yes, I'd like to reiterate the message to your staff
for working diligently at seeing how we could avoid that 30 year increase and balancing
o g g Y .g .
the need of the system and finding those cost savings.
Barry: Thank you all. We appreciate --
De Weerd: Good. We quieted Councilman Bird this time.
Nary: Madam Mayor? Madam Mayor, Members of the Council, just to follow up on
ry y
something Tom said. The fee increases were done by resolution, so all we need to
bring to you is a resolution to rescind that provision of that resolution you passed in
2009 that required it automatically be done on April 20th. So, we could bring that back
a y couple to y p you within a le weeks and you could take action and, then, they could hold off,
essentially changing it from April 20th, so --
Rountree: That would be good.
Bird: That would be very very good.
,,� Zaremba: Go for it.
Meridian City Council Workshop Meeting
March 8, 2011
Page 53 of 60
1.10 ! De Weerd: Thank you.
Barry: Thank you all. Appreciate it.
H. City Council: Air Quality Board Update
De Weerd: Okay. And the last two items are Councilman Zaremba, so Item 6-H. I will
turn this over to him.
Zaremba: Thank you, Madam Mayor. And I will try to be brief. The first item is
regarding the Air Quality Board, which is the local vehicle emissions testing group here.
Asma ou recall several months ago now, the Treasure Valley Air Quality Council,
Y Y
which is a different group with a much more expanded roll than our group, sent a letter
to the city asking that the city ask the Air Quality Board to contribute to the Treasure
Valley Air Quality Council a sizeable chunk of money to fund a comprehensive
education program about air quality. The air quality board has now discussed that
request. We have -- or the Air Quality Board in the past has spent or contributed
between 12,000 and 15,000 dollars a year either on in-house education programs or
education programs run by Valley Regional Transit or COMPASS or DEQ -- whether we
did it ourselves or contributed to it. And that has been our contribution to education
about vehicle testing. Just as a side issue, some of what we discussed at the last Air
QualityBoard meeting, man of us that have been on the board for years have at
g Y
different times wanted to make suggestions about general comprehensive air quality
and are consistently reminded we are the vehicle testing program, nobody wants our
opinion on anything else. It grates a little bit to be asked to fund the comprehensive
education program when we have been told we are not the comprehensive issue. That
aside, the request was to increase our contribution by over ten percent -- over ten times
what the contribution has been. Now, for one thing the Air Quality Board runs a very
lean program and beginning January a year ago when we changed our program to
testing vehicles every other year and not testing the first four years, as opposed to
testing every year, the Air Quality Board and our individual station owners immediately
lost 54 percent of their business. In order to pay for the Air Quality Board to have a
small staff and an office and phones, we had to raise what we charge the owners per
test from an original 2.50 to now I think it's 3.75 in order just to cover the administrative
costs of having a program. This would require an additional -- I think we figured out
1.75 or something like that to be taken from the station owners in order to increase our
-- our contribution by ten times. So, the discussion was before we even considered that
kind of a change we needed to know more about what the program was going to be. If
g
we are going to contribute we need to know the funding and many suggestions were
made about other groups that are doing things for air quality. Meridian has a number of
air quality measures. Not idling cars. Not smoking in the parks is an air quality issue.
Covered loads is an air quality issue. Meridian has a number of those things to help
improve air quality. A number of the other jurisdictions do as well have things. There
are also commercial entities that are doing their own air quality. So, the upshot of the
discussion was that in the end we, the Air Quality Board, sent a letter back to the
Treasure Valley Air Quality Council saying that we have received your request and to
Meridian City Council Workshop Meeting
March 8, 2011
Page 54 of 60
help us consider how much we would contribute we need to know what their plan is for
this educationalp rocess and who else is contributing to it. So, that's a long story, but
that's where we stand.
De Weerd: Council, any questions?
Hoa lun: Real quick, Councilman Zaremba. Did -- in your budget is -- do you still have
g
budgeted the original 12 to 15 thousand dollars that you contributed in the past?
g g
Zaremba: Yes. And we can see -- it would be a small issue to increase that to maybe
even 20,000 dollars and we would be happy to give it all to the Treasure Valley Air
Quality Council to help run their program. The issue is where do we get 150,000
dollars? But, yes, we would -- we would immediately contribute what we have already
been budgeting. We need more information before we discuss going farther.
Bird: Understand.
De Weerd: Okay.
I. City Council: Public Transportation Discussion
Zaremba: All right. Thank you. The next issue is kind of a pet project. I am spurred on
by how highly public transportation ranked in people's answers to the city survey.
Valley Regional ional Transit, of course, is putting together some very excellent regional
plans that will be dust wonderful, if there is ever regional funding. Spurred on by the
response, I have been thinking about what kind of a system could Meridian have to
serve our Meridian customers and since I have been in the bus business for about 40
years I have actually gone out and estimated some routes and done a little bit of
discussion about what it would take to put together a public transportation system. The
question is how does it get funded. My estimation is if you add together all of the
elements that would go into a public transportation system, including our annual dues to
to VRT, our current contribution to the inter -county routes, a proposal that VRT is going
to come to us with in the near future asking for increased contribution to some new
inter -county routes on high priority corridors and add to that having what appears to me
good service within the city with three routes, the total cost of that is about 1.3 million
dollars. If that were to go on the property tax assessment it would cost about 32 dollars
a year for each 100,000 of homeowner value. As the first exemption, which for next
year is 94,000, 1 originally started thinking, okay, this would compete with
enhancements from the department. If the city took the three percent increase, then,
we'd still have to ask all the departments to cut maybe a half percent out of their budget
in order to make this happen. It, then, occurred to me that that's probably not the right
wayto do it. The right thin to do is to ask the voters how seriously they want public
g g
transportation and to put this on the ballot in November. The issue there is to get it on
the ballot requires a resolution of the City Council that has to occur -- the deadline is in
September. The county would like it sooner than that. So, the question that I am
bringing forward is I am volunteering to put -- use my expertise to put a plan together, to
g g
Meridian City Council Workshop Meeting
March 8, 2011
Page 55 of 60
gather together stakeholders to make improvements to whatever plan I put up, and my
�
question is would this Council, after I make a plan, be willing to consider the plan and
consider a resolution to put it on the ballot for the public to vote on or would this Council
staydrop dead we are never going to do that? I'm willing to put considerable time into it
p
et a steering committee together. From time to time the involvement of city staff
and g g g
might be occasional) to answer questions, finance and legal might have a little bit more
g Y
involvement than that writing the final proposal and writing the actual language for the
ballot might require some legal time, refining the actual numbers would require some
g q
finance time. But other than that I'm volunteering to do the footwork and to organize the
committees and et this going. So, my question is should I bother -- if I can bring back
c g g g
a decentp Ian would you listen to it and consider putting it on the ballot or are you
against putting it on the ballot no matter what I do? There is the question.
g
De Weerd: Council, any comments? Questions?
Hoa lun: Question, Madam Mayor and Councilman Zaremba. One of the components
g � i
whenever Y p Y you put anything on the ballot for public vote nature is an educational
nal
component, whether it's a candidate or an issue --
Zaremba: Absolutely.
very Hoa lun: It's a ve large undertaking that's organized and there is strategy, different
g g
things. What do you foresee for an education component so residents have an
understanding when they go to the booth to vote what --
Zaremba: If I'mg iven the go ahead I will go pick the brains of Shirl Boyce, who was
involved in the CWI ballot as to what is needed. I will use a steering committee to
actually accomplish whatever it is we think we ought to be doing, but I absolutely agree.
p
Between the time that the Council would need to do the resolution to put it on the ballot
and the time of the ballot, which would be two or three months, there would need to be
ag reat deal of voter education. And to put it in perspective, the 32 dollars per hundred, if the buses can take -- depending on the time of day between five and 45 cars off the
road eveneo le who never ride the bus are likely to get a couple more green lights
p p
when they go or out et through a red light in one cycle as opposed to two or three. If
g g
that saved them ag
allon of as a week, 52 gallons a year at current rate of three dollars
9
and something, that's 150 bucks a year they would be saving. So, to be costing them
32er hundred is actual) a savings. That's for people who never ride the bus. So, I
p Y
mean whenp
ou add u the people who do ride the bus they would get greater savings.
Y
So that would be -- off the top of my head that would be part of the education process.
But the stakeholders that I would engage in putting the program together with people
would be theeo le who did the CWI program successfully and anyone else that
p p
wanted help.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Meridian City Council Workshop Meeting
March 8, 2011
Page 56 of 60
Bird: Councilman Zaremba, I9 of a question, too. Who is going to finance this
education? CWI spent thousands -- hundreds of thousands of dollars -- or I should say
taxpayers -- on it. Who is going to finance the education --
De Weerd: Are you turned on?
Bird: Yeah.
De Weerd: Okay.
Bird: I need to talk into it, Ig uess. I'm trying to be quiet. Who is going to pay for all this
education financing, because --
Zaremba: You're right. To run such a campaign is going to take some money and I
g
wouldput that to the stakeholders and the steering committee as to how we could raise
that. It would be my intention to rase it independently, not from city budget.
Bird: I can seriously tell you that being a family of the survey, the transportation
question was never -- there was never anything asked would you be in favor of
financing it.
Zaremba: That's correct. And that's why I made the decision --
Bird: It's like everything else. Yeah, I think it's great to do something if I don't have to
rY g
pay for it.
Zaremba: Well -- and -- and that's why it occurred to me this should be on the ballot
instead of beinga budget decision that's made by the City Council and -- and whatever
eventually happens at the legislative level, if some day perhaps we get a local option
sales tax for transportation approved, that would have to go on the ballot as well and I
absolutely agree ree with the fact that the voters, the taxpayers, should be the ones that
make the decision and it would be up to me and the steering committee to make the
case that wouldpp
et them to approve it. The one piece of good news is if they vote it
g
down, then, I will be quiet forever.
Bird: I don't think so.
Zaremba: Well, I will be quiet for a couple weeks.
De Weerd: Well, Iuess, Councilman Zaremba, as we looked at -- and we still want to
g
have further discussion on the transportation element at the senior management level,
we can find that the firstuestion in the survey, the single most important issue -- traffic
q
congestion was listed as number two, road expansion upkeep number five, and only two
out of the 132 people that listed traffic or roads even mentioned public transportation. I
think some of the savings that you can capture can also be captured in eliminating four
Meridian City Council Workshop Meeting
March 8, 2011
Page 57 of 60
way stop sin intersections and timing with the lights, so that you stop the idling cars
at the traffic lights. I think our approach is the right approach, I do not think it's
sifting g Y
the rig
ht timing.Right now we have so many expansion or improvements for the traffic
g
em alone in moving traffic -- same traffic that bus would be sitting in, I just don't
system g
want to put the cart in front of the horse. I do agree with you this would be up to the
i izens and an task forces that you would put together to -- to answer those questions.
citizens y Y .
I just don't want to o out and ask the question before we have the right infrastructure to
g
layout campaign. a successful cam ai n. So, how you have laid it out I believe really is the right
approach. M question more is it the right timing for it, not just the economy aspect, but
o . y
even the roads and the system that we would be putting that -- that on.
a: Madam Mayor, I guess m only response to that is that if we wait until all of
Zaremb y g Y
those improvements are made we will continue to be the largest city in Idaho with no
public transportation for perhaps another ten years, twenty years, and I feel we need to
pu p p p
do something sooner than that. Personal opinion.
De Weerd: Mr. Rountree.
Rountree: Madam Mayor, I -- obviously public transportation is an integral part of the
transportation system and I, too, read the survey, but I didn't come away with the same
p Y
resounding support for public transportation, but other transportation related issues.
Having said that, I think whatever you do, seeing what's going on downtown right now
on something like this is its -- it's dead on arrival. I don't -- I don't think there is enough
support to justifythe ex enditure of the money that might go into the education at this
pp p
point. I would like to see that money -- and there is talk of an initiative as it relates to
the ability of the citizens to fund public transportation or some other infrastructure that
they might ht choose through an initiative process. If, in fact, the support that appears to
be showing some possibility of happening this year in the legislature to support local
p Y
option's ability to tax for such things as transportation. So, to me the timing -- I agree
with the gjust Mayor, the timing simply is not right, unless you want to bring the subject
Y
up and I believe get the answer that I think I already know you're going to get with
people le aren't -- people will perceive this as an increase in taxes, not asking
p -- people p
whether or not they want a public transportation system, and without a horrendous
expenditure in education I do not believe you're going to overcome that perception of
the voters. I'm sorry, but I think that's -- you have seen it in several things in the past
fewY ears as it relates to anything that potentially could result in increase in property tax
is not favored b the electorate and when you look at it and when you pay it you can
Y g
understand why. I agree that the public ought to be telling us whether or not they want
public transportation, but I would rather spend the money on education at some point
when it appears that you might have some chance of getting some general. support for
pp Y g
it, much as CWI did, on an area -wide initiative, whether it be VRT's two county area or
some other area, whether it be north Idaho communities transportation or Lewiston's or
Bonneville county or Pocatello's or whom ever. But I just -- I just don't think -- I would
not favor,g iven the mood of -- of all of us -- I mean none of us want to see any
increases. And it may be tough to talk about when we have to talk about it.
Meridian City Council Workshop Meeting
March 8, 2011
Page 58 of 60
,�.Hoaglun: Madam Mayor?
De Weerd: Yes, Mr. Hoaglun.
• You know, being on the Cit Council and discussing city issues and you try to
Hoaglun. o g Y
r fin the pulse of the community and know what's going on and what are
keep you finger on g
on peoples minds and -- and that's whyin some ways I hesitate to kind of say, well, this
is what they think because, well, let them take the vote and they can tell us what they
I have to agree with Councilman Rountree, I don't think there is an appetite
think. But g .
for an increase in property taxes. The one exception might be in some education areas,
p. p y
' even i in the atmosphere today and that's one that I know the Joint School
but that's iffy p
District No. 2 has always had strong support, but even I think they would be hesitant to
0 out there today for something to increase property taxes and it is something when
g y g
look at Ion term what are we going to do public transportation in a bus system and
you g g g
as itertains into a long-term plan for congestion and traffic flow, but do you do damage
p g
if you do it now and it's a resounding no, is the damage done for such a long time that
there is nothingviable unless it comes from another source or a regional type of deal, or
do we wait and engage when a campaign should be waged and have a chance. Like I
said I hesitate to speak for the people, because, like I say, you try to have your finger
on the
, ulsebut you can always be wrong. But I just -- my thinking is its not the right
p
time too out there and say, hey, just 32 dollars per year per 100,000 dollars -- folks,
g
mean you look at what happened on our sewer and water rate increases that we did.
And that was minuscule for something that everyone receives and we got touted on that
and -- I don't know. I mean it's something that if folks really feel strongly about and you
-- I would come back and say if felt strongly about this and y
say Y you you had
stakeholders that felt strongly about this, show me the plan -- say, okay, go for it. But,
remember, if this fails and it fails big it's done for a very very long time and I hesitate to
risk failure of that level, when it would have repercussions down the road when we
really need something like that. That's my thoughts on that.
De Weerd: Well, I guess I go to Councilman Rountree's -- when I looked at the survey,
too I didn'tget quite that same. I know the public transportation was rated as the
lowest city service, but we don't have it. So, that was kind of a no brainer. When asked
the open ended question of what would you like the city to do better, traffic still was 27
p
percent of those responses. Public transit was four percent. So, again, dust going off of
p p
the survey, I don't know what the public's appetite for -- for this particular question as in
Y
maybe we need to do some survey monkeys, get some more -- seek more additional
information, but I do know the publics appetite for taxes period are not -- its -- there is
no appetite.
Zaremba: Not that I want to keep arguing the point, but we apparently did read it
differently. I saw 68 percent rated it as very high in their priorities. Either the top priority
or their second priority. So, I will have to find that again. But, at any rate, I think I'm
getting ettin the answer that I was asking for and that is that even with a good plan you don't
feel this would be the time to put it on the ballot. Is that a consensus?
Meridian City Council Workshop Meeting
March 8, 2011
Page 59 of 60
.� Bird: Madam Mayor?
Rountree: It would be mine.
De Weerd: Mr. Bird.
Bird: That would definitely be mine. I could not support it at this point.
Zaremba: Thankg
Y. ouI'm lad I asked the question and I appreciate all your thinking
on it.
Rountree: But ifou want to develop a plan and put it in your hip pocket, that might be
Y
something that VRT can look at as they develop their regional plan for Meridian.
Zaremba: I would be happy to do that.
Hoa lun: And, Madam Mayor, Councilman Rountree -- I think what Councilman
g .
Rountree just suggested is good advice, because, you know, there is not an appetite for
gg
taxes and
are eo le going to be hit by higher pump prices, gasoline, and now you have
p p
a conflict,ou know, I'm paying more, what can I do about it and there might become a
Y
time where they go, you know, transportation -- public transportation --
,A0"111N Zaremba: Get out of the car and get in the bus.
Hoag lun: Get out of the car and -- and, then, we might be behind the curve if we don't
have ap Ian on moving something forward. So, being proactive from that standpoint is
probably worth the effort to go through that exercise and prepare something and, then,
when that iron is hot that's when you strike. So, something to consider.
Zaremba: Thank you all.
Item 7: Future Meeting Topics
De Weerd: ThankY ou. Okay. Item 7, future meeting topics. Anything in particular
Council would like to see down the road? Very well. If you think of any we will have this
on our agenda again next week.
Bird: I move we adjourn.
Rountree: Second.
De Weerd: All those in favor say aye. All ayes. Motion carries.
MOTION CARRIED: ALL AYES.
Meridian City Council Workshop Meeting
March 8, 2011
Page 60 of 60
MEETING ADJOURNED AT 9:17 P.M.
(AUDIO RECORDING ON FILE OF THESE PROCEEDINGS)
3 c201
MAYO
MY De WEERDZ DATE APPROVED
ATTEST:
JA EE OLMAN, CITE`"C
jolt
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SEAL
tea.
®^.'SN
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�4
Meridian City Council Meeting
DATE: March 8,2011
--ITEM NUMBERmN 4A
PROJECT NUMBER:
ITEM TITLE:
Approve Minutes of February 22, 2011 City Council Regular Meeting
MEETING NOTES
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
O ES
INITIALS
Meridian City Council Meeting
DATE: March 8, 2011 ITEM NUMBER• 46
PROJECT NUMBER:
ITEM TITLE:
Approve Minutes of March 1, 2011 City Council Special Meetin
g
MEETING NOTES
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
Meridian City Council Meeting
DATE: March 8,2011 ITEM NUMBER: 4C
PROJECT NUMBER:
ITEM TITLE:
Approve Minutes of March 1, 2011 City Council Regular Meeting
MEETING NOTES
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
Meridian City Council Meeting
DATE: March 8,2011
ITEM NUMBER0S 4D
PROJECT NUMBER:
ITEM TITLE:
Beer and Wine License Renewal for Kahootz Put & Eatery dba Kahootz Steak &
Alehouse - 1603 N. Main Street
MEETING NOTES
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
Meridian City Council Meeting
DATE: March 8, 2011 ITEM NUMBER0S 4E
PROJECT NUMBER:
ITEM TITLE:
Acceptance Agreement for Display of Artwork of Marcella Gillenwater in Initial Point
Gallery July 15 to August 19, 2011
MEETING NOTES
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
pr�q mo�1 Shcx�.e -
4o �-4,
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,. ACCEPTANCE AGREEMENT:
DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL
This ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK. IN INITIAL, POINT
GALLERY, MERIDIAN CITY HALL("Agreement') •« is made on the � da of
2011 (Effective Date" by be y
), y between the City of Meridian a municipal
under the laws of the("City'),�corporation organized
State of Idaho and Marcella Gillenwater, an individual dividual person whose
address is 3889 E. Presidential, Meridian Idahoe6Artistll).� •
• (City and Artist may hereinafter be
collectively referred to as "Parties.")
WHEREAS, the City desires that public art will be a component •
ip ponent of Meridian City Hall and to
that end, the Meridian Arts Commission issued the Call
to Artists attached hereto as Exhibit A, seeking
proposals for the display of artwork in Initial
p Y Point Gallery, an art gallery on the third floor of Meridian
City Hall, the address of which is 33 E. Broadway Ave. Meridian, Idaho ("Initial Point Gallery');
WHEREAS, in response to the Call to Artists, Artist did submit ar
p oposal, comprised of the
materials attached hereto as Exhibit B ("Proposal"),for the dis la of ' ' • display artwork in Initial Point Gallery;
WHEREAS, on November 4, 2010, the Meridian Arts Commission"C
( ommission') reviewed
the responses to the Call to Artists, selected Artist's work for displayb ed
as on the Proposal, and
recommended to the Meridian City Council that Artist's artwork as depicted in the
� p Proposal, be
displayed in Initial Point Gallery;
WHEREAS, at its regular meeting on December 21, 2010, b the passage of Resolution
, Y p g ution no.
10-762, the Meridian City Council adopted such recommendation and directed the Commission ommission to
work with Artist to establish a display of Artist's artwork in Initial Point Gallery; and
WHEREAS, the Parties acknowledge that Meridian City Hall is primarily a place ofpublic
business, that Initial Point Gallery is a public place, and that while the Ci seeks to enc '
, City encourage artistic
expression and public dialogue, the City must simultaneously ensure that Meridian City tY Hall place
is a
where citizens, employees, and visitors of diverse ages and perspectives feel welcome and comfortable,
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
p y
which is hereby acknowledged and agreed, and in consideration of the mutualp romises and covenants
herein contained, the Parties agree as follows:
I. SCOPE OF SERVICES.
Artist shall personally deliver to Initial Point Gallery, on July 15, 2011, at 9:00 a.m., or at such time
and date as is mutually agreed-upon by the Artist and the Gallery Curator, approximately fifteen
pp Y
(15) paintings, and approximately eight sculptures, which pieces shall substantially conform to the
description of such artwork set forth in Exhibit B hereto. Artist shall be responsible for installing
g
such artwork on July 15, 2011 at the direction of the Gallery Curator; shall allow the dis la of
p Y
such work in Initial Point Gallery from July 15, 2011 to August 19, 2011, in accordance with the
terms of this Agreement; and shall be responsible for removal of such artwork on August 19 2011
at 9:00 a.m., or at such time and date as is mutually agreed upon by the Artist and the Gallery
Curator.
ACCEPTANCE AGREEMENT
INITIAL POINT GALLERY DISPLAY PAGE 1
II. COMPENSATION AND SALE OF AR
?0"4N TWORK.
A. No compensation. Artist shall display her artwork in Initial Point Gallery at the pleasure of the
Meridian City Council. City shall not provide compensation to Artist for services, work, and/or
any activity undertaken pursuant to or related to this Agreement.
B. Sale of artwork. Artist may, at the direction •
Y on of and in the manner established b the Gallery
Curator, passivelyoffer the artwork • • Y '�'
on display in Initial Point Gallery for sale. No rice shall
be displayed on or be p all
proximate to any piece on display in Initial Point Gallery.
' ' City personnel
shall not facilitate in any way the sale of Artist's work; any transaction related to the sale of
artwork shall be handled solely by Artist. Artist acknowledges•
the Commission's request that
Artist voluntarily donate to the Commission twenty percen t of proceeds from any
artwork sold due to its display in Initial Point Gallery. Upon the
. , • i'y p sale of a piece of artwork on
display in Initial Point Gallery, Artist may remove such •
. Y artwork from the Gallery, provided that
Artist replaces the removed piece with another piece of artwork '
p within twenty-four (24) hours
of such removal. Artist shall coordinate the removal replacement, p cement, and/or substitution of any
and all artwork with the Gallery Curator prior to such activity,
. p ty
III. TIME OF PERFORMANCE.
Artist shall provide services described in this Agreement in a timely manner, '
. �' y r, as described herein.
Artist acknowledges and agrees that time is strictly of the essence with respect to this Agreement,
110� and that the failure to timely perform any of the obligations hereunder shall constitute
g a default of
this Agreement.
IV. INSTALLATION.
A. Coordination with Curator. Prior to the installation, removal replacement, and/or
d/or
substitution of the display in Initial Point Gallery or any portion or component thereof, Artist
st
shall coordinate any and all such activity with the Gallery Curator.
B. Inspection of display. Prior to or after installation, the Gallery Curator and/or the
. rY City may
inspect and/or review the artwork proposed by Artist for display in Initial Point Gallery to
ensure compliance with all criteria set forth in the Call to Artists attached hereto as Exhibit A
and the Application and Acknowledgements Form attached hereto in Exhibit B as well as to
ensure that such artwork may be safely and appropriately displayed in Initial Point Gallery. If
Y rY
the Gallery Curator or the City concludes that the display or any portion or component thereof
does not meet the criteria set forth in Exhibits A and B, does not reflect artwork as described
and depicted in the Proposal set forth in Exhibit B, or cannot be safely and/or appropriately
displayed in Initial Point Gallery, the Gallery Curator or the City may require the immediate
Y
removal of such artwork from Initial Point Gallery. Further, the Gallery Curator or the Ci
. ry �'
may require the immediate removal of such artwork from Initial Point Gallerywhere such
rem
oval serves the best interest of the City.
ACCEPTANCE AGREEMENT
INITIAL POINT GALLERY DISPLAY
PAGE 2
V. DISPLAY.
A. Original artwork. Artist warrants that any and all artwork provided by Artist for displayi
Initial Point Gallery shall be, and is original n
g al work conceived and created y
b Artist.
B. Photographs of artwork. City may photograph the artwork displayed in Initial Poi
nt
Gallery,as City may desire for purposes of advertising, marketing, and public Information.
Where
practicable and to the extent of City's authority,Artist
shall be acknowledged on each such
photograph to be the creator of the original subject •
g � ct thereof, provided that photographic
reproductions of artwork shall not be identified as or re •
presented to be the finished artwork.
C. Use of Artist's name. Artist herebyto Ci •
conveys y City permission to use Artist's name for
purposes of advertising, marketing, and public information without ' •
. violation of Artist's rights
of privacy or any other rights Artist may possess under this Y p s Agreement, provided that City shall
not use Artist's logo, if any, for any purpose without the express, written •
p tten permission of Artist.
D. Use of City's name. City hereby conveys to Artist permission '
Y p n to use City's name for purposes
of advertising, marketing, and public information without violation'
of City's rights of privacy
or any other rights City may possess under this Agreement, provided that Artist g � p shall not use
City's logo for any purpose without the express, written permission of the '
. p e Mayor s Executive
Assistant.
E. Removal of artwork by City. City shall have the right to remove Artist's artwork from public
display at any time and for any reason. Such removal may be temporary or permanent in
nature. Where such artwork is or is intended to be removed from public display for longer than
forty-eight (48) hours, City shall notify Artist in the manner set forth herein. While it is
intended that Artist's artwork will be displayed in Initial Point Gallery for the period set forth
herein, this period may be shortened by City for any reason, without notice to the Artist.
F. Removal of artwork by Artist. Artist shall coordinate with the Gallery Curator the removal,
replacement, and/or substitution of any and all artwork prior to such activity, whether such
activity is necessary due to the sale of a piece or for any other reason.
G. Simultaneous display. City may elect to display the work of more than one Artist or
Organization in Initial Point Gallery at any time, at the City's sole discretion. The manner and
arrangement of the display(s) in Initial Point Gallery shall be determined by the Gallery
Curator,
VT. INDEMNIFICATION, WAIVER, AND INSURANCE.
A. Indemnification. Artist shall, and hereby does, indemnify, save, and hold harmless the City
and any and all of its employees, agents, volunteers, and/or elected officials from any and all
losses, claims, and judgments for damages or injury to persons orproperty,and from any
and
100. all losses and expenses caused or incurred by Artist, her servants, agents, employees,u t
g � guests,
s,
and/or business invitees.
ACCEPTANCE AGREEMENT
INITIAL POINT GALLERY DISPLAY
PAGE 3
BeWaiver. Artist shall, and hereby d •
,,� • y oes, waive any and all claims and recourse against Ci
including the right of contribution for 1 g �''
oss and damage to persons or property arisingfrom
growing out of or in an �'
y way connected with or incident to Artist'serformance of thi
p s
Agreement, whether such loss
or damage may be attributable to known or unknown• •
except for liabilityarising conditions,
g out of the tortious conduct of Ci or its officers
employees.�' ,agents or
C. Insurance is Artist's responsibili Ci s '
ty ty hall not provide insurance to cover loss theft or
damage Of artwork displayed in Initial Point Gall '
Gallery or to cover any activity undertaken by
Artist in the fiirtherance of Artists' rights or obligations described herein. Insurance of the
artwork; of the Artist's person, property, or interests • and/or f '
�3' o the Artist's employees oragents
shall be the sole responsibility of Anti
p ty Artist. Artist shall obtain all necessary insurance as ma be
required in order to protect Artist's in Y
• p insurable interests for its rights and obligations described
within this Agreement, including, but not limited to liabilityinsurance, surance, automobile insurance,
workers compensation insurance, and/or insurance of the artwork. .
to be displayed in Initial
Point Gallery. Artist shall bear any and all risks of and actual loss ss of, theft of, and/or damage
to the artwork prepared for, transported to, transported from installed ed or hung in, and/or
displayed in Initial Point Gallery.
VII. TERMINATION.
A. Termination for cause. If City determines that Artist has failed to comply 0000%.,. p y with any term or
condition of this Agreement, violated any of the covenants agreements, and/or '
. � gr' stipulations of
this Agreement, falsified any record or document required to be prepared under this Agreement,
engaged in fraud, dishonesty, or any other act of misconduct in theerformance of
p this
Agreement; or if either Party willfully or negligently defaults in or fails to fulfill, '
. g Y � 11, its material
obligations under this Agreement; the other P shall have the right to term'
� g mate the
Agreement by giving written notice to the defaulting of its intent to terminate,
. g p� ate, and shall
specify the grounds for termination. The defaulting p��Y shall have twenty-four
(24) hours
after receipt of such notice to cure the default. If the default is not cured within
such period,
this Agreement shall be terminated upon mailingof written notice of such termination ation by the
terminating party.
B. Termination without cause. City may immediately terminate this Agreement for any reason at
any time without prior notice to Artist.
C. Termination upon death or incapacity of Artist. This Agreement shall automatically
terminate upon the death or incapacity of Artist.
D. Non -waiver. A waiver of any breach or default of an provision of this Agreement shall n
Y p gr of be
construed as a waiver of a breach of the same or any other provision hereof.
ACCEPTANCE AGREEMENT
INITIAL POINT GALLERY DISPLAY
PAGE 4
.�. VIII. GENERAL PROVISIONS.
A. Relationship of Parties. Itis the express intention of Parties that Artist is an independent party
and not an employee, agent, joint venturer, or partner of City. Nothing in this Agreement shall
be interpreted or construed as creating or establishing the relationship of employer and
employee between Artist and City or between Artist and any official, agent, or employee of
City. Both parties acknowledge that Artist is not an employee of City. Artist shall retain the
right to perform services for others during the term of this Agreement.
B. Compliance with law. Throughout the course of this Agreement,
Artist shall comply with any
and all applicable federal, state, and local laws.
C. Non -Discrimination. In fulfilling or exercising any right or obligation under
this Agreement,
Artist shall not discriminate against any person as to race, creed religion, sex age, � gnational
origin, sexual orientation or any physical, mental, or sensory disability,
D. Entire agreement. This Agreement constitutes the entire understandingbetween the e Parties.
This Agreement supersedes any and all statements,romises, or inducements made b either
p y r e
party, or agents of either party, whether oral or written, and whether previous to the execution
hereof or contemporaneous herewith. The' terms of this Agreement may not be enlarged,
modified or altered except upon written agreement signed by bothp arties hereto.
E. Agreement governed by Idaho law. The laws of the State of Idahoh '
s all govern the validity,
interpretation, performance and enforcement of this Agreement. Venue shall be in the courts
�' of
Ada County, Idaho.
F. Cumulative rights and remedies. All rights and remedies herein enumerated shall be
cumulative and none shall exclude any other right or remedy allowed by law. Likewise the
exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of
any other remedy.
G. jurisdiction
Severability. If any provision of this Agreement is found by a court of com etent
ip
to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected.
H. Successors and assigns. Artist shall not subcontract or assign any of Artist's obligations under
this Agreement that require or that may require her artistic talent or expertise. Artist may
subcontract or assign obligations that do not require her artistic talent or expertise. All of the
terms, provisions, covenants and conditions of this Agreement shall inure to the benefit of and
shall be binding upon, each party and their successors, assigns, legal representatives, heirs,
executors, and administrators.
I. Notice. Any and all notice required to be provided by the Parties hereto, unless otherwise stated
in this Agreement, shall be in writing and shall be deemed communicated upon mailing b
p g Y
United States Mail, addressed as follows:
ACCEPTANCE AGREEMENT
INITIAL POINT GALLERY DISPLAY PAGE 5
Artist:
Marcella Gillenwater
3889 E. Presidential
Meridian, Idaho 83 642
(208) 884-5235
m@marcellatheartist.com
Gallery Curator:
Dwight Williams
Meridian Arts Commission
33 E. Broadway Ave.
Meridian, Idaho 83642
(208) 887-6473
dwight5332@q•com
C
Emily Kane, Deputy City Attorney
City of Meridian
33 E. Broadway Ave.
Meridian, Idaho 83642
(208) 898-5506
ekane@meridiancity.org
Any party may change its respective address for the purpose of this paragraph by giving written
notice of such change in the manner herein provided.
J. City Council approval required. The validity of this Agreement shall be expressly
conditioned upon City Council action approving the Agreement. Execution of this Agreement
by the persons referenced below prior to such ratification or approval shall not be construed as
proof of validity in the absence of Meridian City Council approval.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this � day
of , 2011.
ARTIST:
Marcella Gillenwater
CITY OF MERIDIAN:
BY: `woo
%
Tammy d erd, Mayor
Attest:
Jaycee IUman, City Clerk
ACCEPTANCE AGREEMENT
INITIAL POINT GALLERY DISPLAY
PAGE 6
Exhibit A
'06� Meridian Commission
Call for Artists.* 2011 INITIAL POINT GALLERY SERIES
OVERVIEW:
The Meridian Arts Commission (MAC) seeks proposals for the display •
artwork as art of the 2011 Initial P Y of two-dimensional and/or three-dimensional
P itial Point Gallery Series, a series of one-month exhibitions in Initial P ' • •
Point Gallery is located on the third floor of .Meridian Cit Hall Dint Gallery. Initial
the public during Cit working • • Y (33 E. Broadway Avenue, Meridian, Idaho), and is open to
• P g y hours. Initial Point Gallery provides 120 feet of total walls ace
dimensional artwork, and four enclosed display cases for P for hanging two-
dimensional
donate P y three-dimensional artwork. MAC requests that artists
Y to MAC 20% of proceeds from sales of art displayed in Initial Point Gallery,
ELIGIBILITY:
Two-dimensional works displayed in Initial Point Gallery must be comprised of rofe '
original art; artwork on paper must be under P , P ssional-quality, ready -to -hang,
P P e glass or acrylic. Selectees must fill all or half of the gallery. Three-
dimensional works may be of any medium, but must fit within the four supplied i ry
displayed which: cannot be safety� PP display cases. No artwork will be
hung or displayed using the gallery's equipment; requires unusual maintenance
handling, or security; or is disruptive or likely to offend the sensibilities of the '
general
displayed will be evaluated for its compliance g l public. Each piece to be
c pliance with these general requirements. Setectees will be asked to enter into
an Acceptance Agreement with the City setting forth specific conditions of display. Selecte •
es may reapply biennially.
PROPOSAL REQUIREMENTS:
Artists or organizations • wishing to display work in the 2011 Initial Point GallerySeries must provide
materials and information to MAC in order to p o ide the following
be considered for selection.
• Completed, signed Application Et Acknowledgements form;
Biography of the artist or informational statement regarding organization;
_etter of intent;
Five (5) digital images representational of the works proposed for display,
must be of a different artist's work • and P Y'
• $35 gallery maintenance fee (nonrefundable).
D•
on a CD (for organizations, each image
eta us and forms are available at the City's website, http://www.meridiancity.org or upon request. Limited producing digital images may be available upon request. Materials submitted
cannot be returned.
DEADLINE:
All proposals must be received by MAC by 5:00 p.m, on Friday, October 29, 2010.
SELECTION PROCESS:
The selection of art for the 2011 Initial Point Gallery Series will be made by MAC. MAC will notifyselec
sent U.S. Mail. In evaluatingeligible proposals, the tees by letter
g p p following factors will be considered:
• Quality of work;
• Appropriateness of subject and concept for a functioning government workplace;
• Consistency with City policy and community values; and
• Contribution to aesthetic and cultural atmosphere of Meridian City Hall,
RESOURCES PROVIDED UPON SELECTION:
The City of Meridian will provide selected artists/organizations with the following resources:
• Volunteers to assist artist/organization with installing and removing each piece of artwork;
• Track system for hanging 2D art, using wires that are attached to hooks;
• Four enclosed pedestals for 3D art, each approximately 24 inches square;
• Space for artist information and/or an information board; and
• Publicity of the exhibit through City contacts, local media, and other informational forums.
CONTACT MAC: By mail:
By e-mail:
Meridian Arts Commission
Attn: 2011 Initial Point Gallery Series
33 East Broadway Avenue
Meridian ID 83642
mac@meridiancity.org
Exhibit B
loop
MeridialnCommission
Application Ft Acknowledgments: 2011 INITIAL P01
NT GALLERY SERIES
ARTIST/ORGAHRER CONTACT INFORIb1A71pN:
Check one: I � submitting this form as an individual artist_
Artist/Or+$. Name:
Organizer name:
E-mail address:
Mailing Address;
Physical Address:
Phone numbers:
APPLICATION OVERVIEW: -
Check all that apply: ❑ i/We propoSiee to fill one half of initiali
Po nt Gallery with two-cliimensional artwork.
A '/we propose to fitt the entire Initial Point � Gall with I/we propose to fill these display cases with 3D�two-dimensional artwork.
artwork:
W 24"Wx24 Dx42 H A 24'1W4"Dx36"H 1024"VW4"Dx30"H
Number of 2D pieces: — Average IN 24 Wx24"Dx24 H
Number of 3D pieces: size of 2D pieces:
-- -%IF Average me of 3D pneces:
APPUCA'iION MA'T'ERIALS:
8 Completed, signed Application gr Acknowledgements Form
Q Biography of artist or informational statement regarding organization, "
no larger than one 8y4 x 11 page;
A letter of intent, describi
a. Artist/Organization's vision for and/or theme of the proposed display;
b. Ntxnber, dirner�sions, prices., and m �°
P� ediurn or media utilized in the works to be displayed;
c. Any publicity that the Artist/Organization
. � undertake if selected; and/or
d. Any atypical issues or challenges regarding hangingor display of
19► Up to five digital Imagesof work PAY � .works proposed for may,
representational of the artist's/organization's work on a CD, resolution of 300 dpi
at a minimum size of 5x7", in , jpg format, Please name each Imagefate with
name and the title of the work e..: artist"s � name or organization
g nanw.title. jpgj. Materials submitted will not be . Da or
compliant CDs and/or images will not be considered. Imageswill not Damaged non
17 $35 gallery maintenance fee check made payable to the �' �eP� via e-mail.
Meridian Arts Commission. This fee is nonrefundable,
DISPLAY INFORMATION:
Initial Point Gallery is equipped with a track for two-dimensional will be hung f ��'� h8 �°'� l artwork. Artwork displayed in the
gallery g rom cables using hooks, and therefore must be equipped with ane D ring the
or two D rings on the side rails on the back of the frame � on back of the frame,
as illustrated below. The D -rings should be atel a
quarter o distance of the total frame height from the top of the frame in order to
Y
wall. Wines avoid slant�r� away from the
, and clip frames may not be used for hanging, and are not allowed, Initial Point
Gal
provides four display cases, each with different di for levy also
displaying three-dimensional artwork.
ACKNOWLEpGMENTs;
4
selected for display at loitial Point Ga�� acknowledge the following stipulatia�s and agree that ff this pr+oposa! is
well as subject to other �, such display shall occur subject to these general terms and conditions, as
specific terms and conditions that shall beset forth in a separate, written Acceptance
Agreement between myself and the City of Meridian. I specifically acknowledge that:
A• Before my work will be displayed in MeridianInitial, Paint Gallery, I will be required to enter into an qu
ishi
ParticAgreemenuwithlar die C� � �� ng the eptance
specific tern" and conditions of the display of the
displayed,
Be If my work is selected for display in Initial Point Gallery, the C of Meridian and
exercise pr+�f�q�l care in handling and securing all artwork dpi � agents
will
cannot and will not assume liability for � �Y� in Initial Point Gallery, but
�Y any loss or damage.
Co MY insurance of the artwork displayed in Initial Point Gallery shall be the sole responsibility of the
artist. The City of AAeridian shall not provide insurance to cover toss, theft, or damage of artwork
displayed in Initial Point Gallery.
�2 D. While artwork displayed in Initial Point Gallery may be Passively offered for sale by means of an
informational table, board, or handout as provided or allowed by the City of Meridian., no piece
displayed in Initial Point Gallery may have a visible price tag.
��. E. While it is intended that each exhibit in Initial Point Gallery will be displayed for sone- to two-month
Period, this period may be shortened by the City of Meridian for any reason, without notice to the
artist or organization.
F. The City may display the work of more than one artist or
time, at the City's she discretion,
Go
Initial Point Gallery at any
G. Artwork submitted for display in Initial Point Galt must be original w
by the artist or artist . �Y � works conceived and created
by members of the organization) submitting this application.
H. Meridian City Hall is primarily a place of public business and Initial Point
City s1eks to encourageartistic r Gallery ' �s a pylic place. The
H expression and public dialogue, but must simultaneously ensure that
City all is a place , employees, and visitors of diverse a and perspectives
welcome and comfortable. To this end onlyartists � feet
and artwork meeting the eligibility standardsdescribed in the Call for Artists and following the terms set forth in the ,Acceptance Agreement shalt be
displayed in Initial Point Gallery.
I do acknowledge and understand each and all of the foregoing stiPubt and do
general termand
conditions.
Signature` Print name:
Date:
To propose an exhibition in Initial Point Gallery, please submit this form completed _
materials and fee, via U.S. mail to: P in full, with the required
Meridian Arts Commission
Attn: Initial Point Gallery
33 East Broadway Avenue
Meridian ID 83642
Thank you for your Interest!
"Royalty and their Amenities"
I would love to fill the entire space ranging from huge to mid sized paintings
and 3-d works to display. 'Ihe theme of this show is "Royalty YaltY and Their Amenities"
this show will push the viewer's thoughts into another dimension to view a new
world and perhaps introduce a few imaginative elements. I want new work that
has never been displayed before coupled with a few f amilure pieces in m line of
„ P Y
"Capricious". The 3-d work attached to this will be done in torn pieces of paper
form' P P P
ung 3 dimension ranging from boots to puppets. I have had this vision for
sometime now and have been looking for the perfect venue to present it.
In a day of economic hardship I believe its important to promote good feelings
and creative license to every viewer. I love the idea ofl'° � s" new possibilities
of thinking about art and what it can encompass. the bright colors lure the
everyday viewer into an idea of accepting abstract art and yet while they still
connect with colors they are familure with they can also connect with humans
and landscapes that are ever present in this display. I find establishing a base
of familiarity people aren't as afraid to open and accept new things .
Depending on the time of year and the completeion if the line Capricious
cannot fill the entire space I will place an alternate line "Portraits by Marcella" to
occupy the other half of the Gallerylhis line consists of brushed realistic human
figures. "These are all done in oil and pastel, ranging from posed models to fashion
models. Either way the space will be filled and if I use this portrait line it has a nice
flow of showing how realistic Portraits can flow into abstract expression.
h
Marcella Gillenwater
mazcellatheartist.com
208-884-5235
m@marcellatheartist.com
BIO: Marcella Gillenwater
Marcella has had a love for art as far back as she can remember. She was read fairy
tales as a child and coupled with beautifully illustrated depictions these sunk deep
into her love for the creative worlds. Her work encompasses a range of styles in which
she produces seperate lines. Her "Drew" line depicts imaginary surroundings with
expressive humans playing the parts in fairy tales or fables. The "Drew" line is created
in pastel and specs of colored pencil. 'These take much planning and long hours of
precise contemplation to implement.
Another line which sits on the contemporary ab "Capricious"
stract fence calledalso taps
into a bitP �
of story telling. In "Capricious" she allows the canvas to evolve and change as
the painting gets deeper in the process. Her goal i •
� P g s to evoke wisps of expression that
knock on the doors of our senses to stimulate a different side of the world that isn't
always remembered. To look at the world in sections of color, shapes and hues will take
the viewer into another option to think of how our current world can also be depicted.
In all her lines of work she has one common theme to
promote hopeful, bright and
auspicious feelings toward life.
Marcella grew up in the lower parts of Idaho andreceiv
ed a degree at Utah State University.
She then moved to New York Ci for four ears soaking i •
City y g n the artistic surroundings in which
that big city has to offer. She worked and displayed for •
.�. NY Moves various companies including
Magazine to working most of her time with.Crew headquarters.
JAlthough, her
true love is Idaho where the dirt draws flowers and the sun mixes new colors. She has shown
her work in New York, Florida, Maryland, Kentucky, ary , Tex as, Idaho, Nevada, Utah, UK and other
international venues from magazines to gallery shows. Participating in l
p g lectures and hosting
painting classes she loves sharing with people from children to adults who ho are always looking
for new knowledge in the arts. She has extensive stud in the Human figure y gur and always takes
an opportunity learning from fellow artists when the time permits. She creates a '
art depicting from P wide range of
p g backdrops, murals , amination, portraits andaintin . Marcella's
P � shows have
taken her from outdoor showings in NYC with the El Segundo Club to Art and Roses in Boise's
beautiful Ann Morison Park. She is currentlyshowing in
g Idaho at Framed Gallery as well as Asthetica
Magazine (international), The figurative expo with Infinity •
Landdisplays
p ty art Gallery, Crary Gallery in Maryland,
y Art Center in West Palm Beach Florida Binh •
Binghamton NY. As well as private collectors
m Las Vegas to NYC. She has a current site which she mainti •
ons www.marcella the artist .com
on Etsy. Her love and learningwill continue to •
expand as time keeps propelling forward.
AdWF—
Marcella Gillenwater
marcellathearrist.com
208-884-5235
m@marcellatheartist.com
Meridian City Council Meeting
DATE: March 8,2011 ITEM NUMBER: 4F
PROJECT NUMBER:
ITEM TITLE:
Acceptance Agreement for Display of Artwork of Meridian Parks and Recreation (MPR)
Community Center Art Group in Initial Point Gallery October 7 to November 4, 2011
MEETING NOTES
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
pr�q 1, -,al -fo hese-COP
ACCEPTANCE AGREEMENT.
•
DISPLAY OF
ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY
HALL
This ACCEPTANCE AGREEMENT:
DISPLAY OF ARTWORK I
GALLERY, MERIDIAN CI N INITIAL POINT
TY HALL ("Agreement" is made on
2411("Effective) the � da of
Date'), by and between they
City of Meridian, a municipal corporation '
under the laws of the State of Idaho("City'),p � n organized
and Brian Schreiner("Organizer'), •11055 Wa1n whose address is
Wampum Drive, Boise, Idaho, on behalf of the •
. MPR Community Center Art Group, an
organization informally organized under the laws o("Organization").p'
f the State of Idaho
WHEREAS, the City desires that public •
• p art will be a component of Meridian Ci Hall and t
that end, the Meridian Arts Commission �' °
on issued the Call to Artists attached hereto as Exhibit '
proposals for the display of artwork i Initial A, seeking
p Y n Initial Point Gallery, an art galleryon the third fl '
City Hall, the address of which ' floor of Meridian
is 33 E. Broadway Ave., Meridian, Idahooint "Initial Point
(
WHEREAS, in response to the Call to Artists Organizer did submit a proposal, comprised of
.the materials attached hereto as Exhibit B"Pro • •
( posal ), for the display of artwork in Initial Point
Gallery;
WHEREAS, on November 4, 2010, the Meridian Arts Commission ("Commission') reviewed
the responses to the Call to Artists, selected Organization's '
g ion s work for display based on the Proposal, and
recommended to the Meridian City Council that artwork as depicted p ted in the Proposal, be displayed in
,,r -k%, Initial Point Gallery;
WHEREAS, at its regular meeting on December 21 2010, by the passage of Resolution no.
10-762, the Meridian City Council adopted such recommendation dation and directed the Commission to
work with Artists to establish a display of Artists' artwork in' ' .
Initial Point Gallery, and
WHEREAS, the Parties acknowledge h
g that Meridian City Hall is primarily a place ofublic
business, that Initial Point Galleryis p
a public place, and that while the City seeks to encourage artistic
public dialogue, g t c
expression and
p gu , the City must simultaneously ensure that Meridian City Hall is a place
where citizens, employees, and visitors of diverse ages andperspectives feel welcome and comfortable;
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged and agreed, and in consideration•
of the mutual promises and covenants
herein contained, the Parties agree as follows:
I. SCOPE OF SERVICES. -
Organizer shall personally deliver to Initial Point Gallery, on •
. ry, October 7, 201 1, at 9.00 a.m., or at
such time and date as is mutually agreed-upon b the Artists an
. p y d the Gallery Curator,
approximately twenty (20) paintings, which pieces shall substantially conform to the description of
such artwork set forth in Exhibit B hereto. responsible
Or anizer shall be
Organizer for hanging such artwork
on October 7, 2011 at the direction of the Gallery Curator; shall allow •
.. ry w the display of such work in
Initial Point Gallery from October 7, 2011 to November 4 2011 i
� n accordance with the terms of
this Agreement, and shall be responsible for removal of such
artwork on November 4, 2011, at 9.00
a.m., or at such time and date as is mutually agreed upon b the Organizer p y g and the Gallery Curator,
ACCEPTANCE AGREEMENT
INITIAL POINT GALLERY DISPLAY
PAGE 1
II. COMPENSATION AND SALE OF ARTWORK,
A. No compensation. Organizer •
• g zer shall display the work of the m
("Artiste) in Initial P ember artists of Organization
Point Gallery at the 1 •
rY pleasure of the Meridian Ci Council. Ci
Provide compensation to �' City shall not
p Organizer, Artists, or Organization f
activityundertaken g or services, work, and/or an
n pursuant to or related to thisY
Agreement.
B. Sale of artwork, Organizer or •
g Artists may, at the direction of and in the •
the Gallery Curator, passively off manner established by
p y er the artwork on display in Initial Point Gallery
price shall be displayed a lery for sale. No
on or be proximate to any piece on display in Initial •
personnel shall facilitate p Y Initial Point Gallery. City
p not facilitate in any way the sale of artwork; .
of artwork shall � any transaction related to the sale
be handled solely by Organizer or Artists '
Commission's request that Artists voluntarilydonate to '
he Commission twenty percent(20%)of proceeds from an artwork ••
y sold due to its display in Initial Point Galle
• • ry. Upon the sale of a
piece of artwork on display in Initial Point Gallery, Organizer may �' g y r emove such artwork from
the Gallery, provided that Organizer replaces the removediece with th another piece of artwork
within
twenty-four (24) hours of such removal. Organizer shallcoordinate the removal,replacement, and/or substitution of
any and all artwork with the•
Gallery Curator prior to such
activity,
III. TIME OF PERFORMANCE.
Organizer shall coordinate and/or provide the services •
p , es described in this Agreement in a timely
manner, as described herein. Organizer acknowledges y
. g edges and agrees that time is strictly of the essence
with respect to this Agreement, and that Y
' t the failure to timely perform any of the obligations
this Agreement
hereunder shall constitute a default of g
.
We INSTALLATION.
A. Coordination with Curator. Prior to the installation, removal, replacementand/or
or an ,
substitution of the display in Initial Point Galleryy portion or component thereof,
Organizer shall coordinate any and all such activity with the Gallery Curator,
B. Inspection of display. Prior to or after installation, Gallery Curator and/or the i
City may
inspect and/or review the artwork proposedInitialy
• • p p by Organizer for display in Point Gallery to
ensure compliance with all criteria set f �
forth in the Call to Artists attached hereto as Exhibit A
and the Application and Acknowledgements Form attached hereto in Exhibit B, _as well as to
ensure that such artwork may be safely and appropriately dis la ' ' T
p yed in Initial Point Gallery. If
the Gallery Curator or the City concludes that the display p y or any portion or component thereof
does not meet the criteria set forth in Exhibits A and B , not reflect artwork as described
and depicted in the Proposal set forth in Exhibit B or cannot be safely and/or appropriately
displayed in Initial Point Gallery, the GalleryCurator or the •
e City may require the immediate
removal of such artwork from Initial Point Gallery. Further, the G •
ry Gallery Curator or the City
may require the immediate removal of such work from Initial Point
Gallery where such
removal serves the best- interest of the City.
ACCEPTANCE AGREEMENT
INITIAL POINT GALLERY DISPLAY
PAGE 2
V. DISPLAY,
A. Original artwork, Organizer and Ai
sts warrant that all artworkr •
and ' p ovided for display in Initial
Point Gallery shall be
is, original work conceived and created b Artists.
fists.
Be Photographs of a
rtwork. City may photograph the artw • • •
as Ci mork displayed in Initial Point Gallery,
City may desire for purposes of advertising, �''
• g, marketing, and public information. where
practicable and to the extent of Ci 's authority, •
ty ority, the artist shall be acknowledged
photograph to be the creator of theoriginal g on each such
original subj ect thereof, provided thathoto a
reproductions of artwork shallp � phic
not be identified as or represented to- b
p e the finished artwork.
C. Use of Artists' name. Organizer hereby y conveys to City permission to use Organization's
Artists' names for purposes of advertising,g and
perp marketing, and public information without '
of Organization's or Artists' rights� ut violation
of privacy or any other rights Organization
possess under this gor Artists may
Agreement, provided that Ci shall not use Organization's
. tY or Artists
logo(s), if any, for any purpose without the express, written permission of Organizer or Artists.
D. Use of City's name. City hereby conveys to Organizer and Artists permission on to use City's
name for purposes of advertise �
• p ng, marketing, and public information, without violate
City's rights of rev on of
tY g privacy or any other rights Ci may possess under •
• City Y p r thes Agreement, provided
that neither Organizer nor Artists shall use City's 1 •
. ty logo for any purpose without the express,
written permission of the Mayor's Executive Assistant.
E. Removal of artwork by City. City shall have the right to remove artwork from public display
at any time and for any reason. Such removal may be temporary or permanent in nature.
Where such artwork is or is intended to be removed from public display for longer than forty-
eight (48) hours, City shall notify Organizer in the manner set forth herein. While it is intended
that Organization's artwork will be displayed in Initial Point Gallery for the period set forth
herein, this period may be shortened by City for any reason without notice.
F. Removal of artwork by Organization. Organizerwith the Gallery Curator
the removal, replacement, and/or substitution of an •
y and all artwork prior to such activity,
whether such activity is necessary due to the sale of apiece ce or for any other reason.
G. Simultaneous display. City may elect to display the work of more than one artist or
organization in Initial Point Gallery at any time, at the City's sole discretion. The manner and
arrangement of the display(s) in Initial Point Gallery shall be determined by the Gallery
Curator. --
VI. INDEMNIFICATION. WAIVER. AND INSURANCE.
A. Indemnification. Organizer and Artists shall and hereby o '
� y d , indemnify, save, and hold
harmless the City and any and all of its employees,agents,
volunteers, and/or elected officials
from any and all losses, claims, andJ 'ud ents for damn '
ges or inJury to persons or property,
and from any and all losses and expenses caused or incurred
by Organizer or Artists, their
servants, agents, employees, guests, and/or business invitees.
ACCEPTANCE AGREEMENT
INITIAL POINT GALLERY DISPLAY
PAGE 3
10_0� Be Waiver. Organizer and Artists shall, and hereby do, waive an and •
against Ci includin Y all claims and recourse
ty, g the right of contribution for loss and damage to persons or property
arising from, growingout of, orin any way connected with
or incident to•
Organizer s Or Artists'
performance of this Agreement) whether such loss or damage may be a
unknown conditions • • .. g Y attributable to known or
except for liability arising out of the tortious •
officers agents conduct of City or its
g or employees.
C. Insurance is Artists' responsibility, P ty City shall not provide insurance to cover los
• • s, theft, or
damage of artwork displayed
in Initial Point Gallery or to cover any activity undertaken by
Artists in the furtherance of Artists' respective rights or obligations described
of the artwork;� g cribed herein. Insurance
of the Artists persons,property,or intere •
interests; and/or of the Artists employees or
agents shall be the sole responsibilityof Amis
Artists. Artists shall obtain all necessary insurance
may be required in order to protect ' ' � �
p Artists insurable interests for their rights and obligations
described� g ons
within this Agreement, including, but not 1' liability •
.' g, united to, liability insurance, automobile
insurance, workers compensation insurance, and/or insurance of •
.. the artwork to be displayed in
Initial Point Gallery. Artists shall bear any and all risks of, and actual, loss of, theft of, and/or
damage to the artworkprepared for, transported to p ,transported from, installed or hung in,
and/or displayed in Initial Point Gallery,
VII. TERMINATION.
A. Termination for cause. If City determines that Organizer or Artists have failed to comply with
any term or condition of this Agreement, violated an of the covenants agreements, greements, and/or
stipulations of this Agreement, falsified any or record document required to be prepared under
this Agreement, engaged in fraud, dishonesty,or an other '
y r act of misconduct in the
performance of this Agreement; or if an P willful/ or negligently •
• Y � y gligently defaults in, or fails to
fulfill, its material obligations under this Agreement; the o •
gr' other Party shall have the right to
terminate the Agreement by giving written notice to the defaulting •
ting party of intent to terminate,
and shall specify the grounds for termination. The defaulting party shall have twenty-four (24)
hours after receipt of such notice to cure the default. If the•
default is not cured within such
period, this Agreement shall be terminated upon mailing of •
p g written notice of such termination
by the terminating party.
Be Termination without cause. City may immediate) terminate Y y nate this Agreement for any reason at
any time without prior notice to Organizer or Artists.
C. Termination due to death or incapacity. This Agreement shall automatically terminate upon
the death or incapacity of Organizer.
D. Non -waiver. A waiver of any breach or default of anprovision y of this Agreement shall not be
construed as a waiver of a breach of the same or any other provision hereof.
ACCEPTANCE AGREEMENT
INITIAL POINT GALLERY DISPLAY
PAGE 4
VIII• GENERAL PROVISIONS.
A. Relationship of Parties. It is the express Intention of Parties that the organization and
parties and no g the
Artists are independent
p t employees, agents, joint venturers or '
Nothing in this Agreement shall bei � partners of City.
interpreted or construed as creating or establishing
er and employee the
relationship of employer p yee between Organizer or Artists and Ci or
Organizer or Artists and an City between
y official, agent, or employee of City. Both
that neither Or tY parties acknowledge
• Organizer nor Artists are employees of City. Organizer and •
right �' g Artists shall retain the
g to perform services for others during the term rm of this Agreement.
B. Compliance with law. Throughout the •
gh course of this Agreement Organizer
comply with an � g and Artists shall
p Y y and all applicable federal, state, and local laws.
C. Non-discrimination. In fulfillingor exercising •
ng any right or obligation under this Agreement
neither Organizer nor Artists shall discriminate'
against any person as to race, creed, religion,
sex, age, national origin, sexual orientation or an physical, m • •
y p y ental, or sensory disability.
D. Entire agreement. This Agreement constitutes
the entire understanding between the Parties.
This Agreement supersedes any and all statements, or Inducements made by either
party, or agents of either party, whether oral or written and whether•
previous to the execution
hereof or contemporaneous herewith. The terms of
this Agreement may not be enlarged,
modified or altered except upon written agreement signed gr gn by both parties hereto.
E. Agreement governed by Idaho law. The laws of the•
State of Idaho shall govern the validity,
interpretation performance �
p and enforcement of this Agreement. Venue shall be in the
Ada County, Idaho, courts of
F. Cumulative rights and remedies. All rights and remedies herein enumerated shall be
cumulative and none shall exclude any other right or remedy allowed by law. Likewise, the
exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of
any other remedy.
G. Severability. If any provision of this Agreement is found d by a court of competent jurisdiction
to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected.
H. Successors and assigns. Artists shall not subcontract or •
assign any of Artists obligations
under this Agreement that .require or that may require their artistic •
- Y q t c talent or expertise. Artists.
may subcontract or assign obligations that do not require their artistic '
• • q talent or expertise. All of
the terms, provisions, covenants and conditions of this Agreement gr ement shall inure to the benefit of,
and shall be binding upon, each party and their successors assigns, legal representatives, heirs,
executors, and administrators.
I. Notice. Any and all notice required to be provided b the Parti •
. . • p y es hereto, unless otherwise stated
in this Agreement, shall be in writing and shall be deemed comm • •
.,�.. communicated upon mailing by
United States Mail, addressed as follows:
ACCEPTANCE AGREEMENT
INITIAL POINT GALLERY DISPLAY
PAGE 5
Organizer. Galle •
ry Curator. C1 •
� Brian Schreiner
Dwight Williams Emil Kane, ane, Deputy City Attorney
MPR Comm. Center Art Group Meridian Arts Commission Ci of '
Wampum D • City Meridian
11055 Wam
p rive 3 3 E. Broadway Ave. 33 E. Br
Boise, Idaho 83713 Broadway Ave.
Meridian, Idaho 83642 Meridian
(208) 3 77-23 98 � Idaho 83 642
(208) 887-6473(208)898-
brianschr ' 5506
einerartist@gtnail.com dwlght5332@q•com ek •
ane@merldiancxty, org
Any party may change its respective address for the purpose of this paragraph by giving written
notice of such change in the manner herein provided.
J. Warranty of authority. Organizer expressly warrants that, to the extent set forth herein, he is
duly authorized to act as the representative and agent of Organization and all of its member
Artists and principals. Organizer further warrants that he is authorized to bind Organization
and its member Artists and principals to the obligations set forth herein, and to accept the
liabilities as established herein on behalf of Organization and its member Artists and principals.
K. City Council approval required. The validity of this Agreement shall be expressly
conditioned upon City Council action approving the Agreement. Execution of this Agreement
by the persons referenced below prior to such ratification or approval shall not be construed as
proof of validity in the absence of Meridian City Council approval.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this Vj d `
of , 2011. Y
MPR C UNITY CENTER ART GROUP:
4
Bric�an'�iner
CITY OF MERIDIAN:
01
o
'K
BY. '�, '
Tammy de Mayor
Fo
rd, Ma _
SEAL
Attest: o
'�`� O
-L,A-
Jaycee H an, City Clerk "% O �� `�
ACCEPTANCE AGREEMENT
INITIAL POINT GALLERY DISPLAY
PAGE 6
Exhibit A
_Z 4__
Meridian Commission
Co(( for Artists: 2011 INITIAL POINT GALLERY SERIES
OVERVIEW:
The Meridian Arts Commission (MAC) seeks proposals for the display -
artwork as art of the 201 Initial p play of two-dimensional and/or three-dimensional
part 1 Initial Point Gallery Series, a series of one-month exhibitions in Initial • •
Pont Gallery �s located on the third .floor of Meridian Ci teat Pont Gallery. In�t�al
the public Burin Cit City Hall (33 E. Broadway Avenue, Meridian, Idaho), and iso en to
P g y working hours. Initial Point Gallery provides 120 feet of total walls p
dimensional artwork, and four enclosed display cases for pace for hanging two-
voluntaril donate to p Y three-dimensional artwork. MAC requests that artists
Y MAC 20% of proceeds from sales of art displayed in Initial Point Gallery.
ELIGIBILITY:
Two-dimensional works displayed in Initial Point Gallerymust be comprised -
original art; artwork on paper m p sed of• professional -quality, ready -to -hang,
p p must be under glass or acrylic. Selectees must fill all or half of the gallery. -
dimensional works may be of any medium, but must fit within the g rY• Three
displayed which: cannot be four suppled display cases. No artwork will be
• safely hung or displayed using the gallery's equipment; requires unusual
handling, or security, or is disruptive or likely to offend the sensibilitiesq maintenance,
displayed wilt be evaluated of the general public. Each piece to be
for its compliance with these general requirements. Selectees will be -
an Acceptance Agreement with the City settingforth specific • • .asked to enter into
cond�t�ons of display. Selectees may reapply bienniall .
Y
PROPOSAL REQUIREMENTS:
Artists or organizations wishing to display work in the 2011 Initial Point Gallery-
r Series must provide the following
materials and information to MAC in
order to be considered for selection.
• Completed, signed Application Ft Acknowledgements form;
• Biography of the Artists or informational statement regarding organization; of intent;
Five (5) digital images representational of the works proposed for display,on a CD -
must be of a different Artists' work • and (for organizations, each image
• $35 gallery maintenance fee (nonrefundable).
Details and forms are available at the City's website, http://www.meridiancity.org -
assistance producing digital images may be available upon Y g•or upon request. Limited
Y p n request. Materials submitted cannot be returned.
DEADLINE:
All proposals must be received by MAC by 5:00 p.m, on Friday, October 29 2010
,
SELECTION PROCESS:
The selection of art for the 2011 Initial Point Gallery Series will be made b MAC. MAC '
sent U.S. Mail. in evaluatingeligible proposals, y vintl notify selectees by letter
g p p sats, the following factors will be considered:
• Quality of work;
• Appropriateness of subject and concept for a functioning government workplace;
• Consistency with Cit •
. cY y policy and community values; and
• Contribution to aesthetic and cultural atmosphere of Meridian City Hall.
RESOURCES PROVIDED UPON SELECTION:. _
The City of Meridian will provide selected artists/organizations with the followingresources:
• Volunteers to assist Artists/or /organization with ins
g installing and removing each piece of artwork;
• Track system for hanging 2D art, using wires that are attached to hooks;
• Four enclosed pedestals for 3D art, each approximately 24 inches square;
• Space for Artists information and/or an information board; and
• Publicity of the exhibit through City contacts, local media, and other informational forums.
CONTACT MAC: By mail: Meridian Arts Commission
Attn: 2011 Initial Point Gallery Series
33 East Broadway Avenue
Meridian ID 83642
By a -mail: mac@meridiancity.org
l�
Exhibit B
Meridian Commission
Application Ft Acknowledgments: 2011 INITIAL POINT GALLERY SERIES
ARTIST/ORGANIZER CONTACT INFORMATION:
Check one: )K am submitting this form as an individual artist.
❑ I am submitting this form on behalf of an organizati
Artist/Org. Name: I,o.N GH C.%OM/��1UN
Organizer name: 1 G Q �
E-mail address: 1 � 2,G .n
aCi
Mailin
g Address: WA. ip, �
Physical Address: o A/V�. VnPIN.
Phone numbers: Day:!ffZ' L10-6 Evening '7T+ Cell: ,.,p
APPLICATION OVERVIEW•
Check at( that apply:X--we propose to fit( one half of Initial Point Gallerywith '
/we propose to fill the two-dimensional artwork.
P po a entire Initial Point Gallery with two-dimensional artwork.
0 I/we propose to fill these display cases with 3D artwork:
0 24 VVx24"Dx42"H 0 24 "Wx24"Dx36"H C] 24 "Wx24"Dx30"H 0 24 "W "
Number of ZD pieces: �Z- 4Cx24 Dx24 H
----.0 -- ���TD Average size of 2D pieces: 7C o
Number of 3D pieces: �.t �o �.r+ rte, g P - �
Average size of 3D pieces: '
APPLICATION MATERIALS: -
0 Completed, signed Application ft Acknowledgements Form
Q Biography of artist or informational statement regarding organization no longer than one 8/z x 1page;0 A letter of intent, describing:
a. Artist/ Organization's vision for and/or theme
of the proposed display;
b. Number, dimensions, prices, and medium or media utilized in the works to•
be displayed,
c. Any publicity that the Artist/ Organization plans to undertake if selected' and/or
d. Any atypical issues or challenges regarding hanging or display of the works proposed for display.D Up to five digital images of work representational of the artist's/organization's
work on a CD, resolution of 300 d i
at a minimum size of 5x7fl, in , jpg format. Please name each ima a file with artist's las n P
name and the title of the work e.. g t name or organization
( g.• name. jpg). Materials submitted will not be returned. Damaged or non-
compliant CDs and/or images wilt not be considered. Images will not be accepted g
D $35 gallery maintenance fee, check made payable to P via a -mai(.
P y the Meridian Arts Commission. This fee is nonrefundable.
DISPLAY INFORMATION:
Initial Point Gallery is equipped with a track system for hangingtwo-dimensional a
gallery will be hung from cables usinghooks and �o�• Artwork displayed in the
or two D rings � therefore must be equipped with one D ring on the back of the frame
g on the side rails on the back of the frame, as illustrated below. The D -rings s should
quarter of the distance of the total frame height from the g be approximately a
wall. Wires, a ehooks and g top of the frame in order to avoid slanting away from the
Y clip frames may no be used for hanging, and are not allowed. Initial Point Gallery
provides four display cases, each with different dimensionsdisplaying three-dimensional artworkfor also
.
ACKNOWLEDGMENTS:
�P' A^J �C449e;41*'J''�; hereby acknowledge the following stipulations and agree that if this proposal is
selected for display at Initial Point Gallery, such display shall occur subject to these general terms and conditions, as
well as subject to other specific terms and conditions that shall be set forth in a separate, written Acceptance
Agreement between myself and the City of Meridian. I specifically acknowledge that:
1�0� A. Before my work will be displayed in Initial Point Gallery, I will be required to enter into an Acceptance
IN"MAgreement with the City of Meridian establishing the specific terms and conditions of the display of the
particular works displayed.
YJ01* B.
ice" If my work is selected for display in initial Point Gallery, the i
City of Meridian and its agents will
exercise professional care in handling and securing all artwork displayed in Initial Point Gallery, but
cannot and will not assume liability for any loss or damage.
C. Any insurance of the artwork displayed in initial Point Gallery shall be the sole responsibility of the
artist. The City of Meridian shall not provide insurance to cover loss, theft, or damage of artwork
displayed in Initial Point Gallery.
)F -2P e? D. White a artwork displayed in Initial Point Gallery may be passively offered for sale by means of an
informational table, board, or handout as provided or allowed by the City of Meridian, no piece
displayed in Initial Point Gallery may have a visible price tag.
LW* E. While it is intended that each exhibit in Initial Point Gallery will be displayed for a one- to two-month
IRMTperiod, this period may be shortened by the City of Meridian for any reason, without notice to the
artist or organization.
9W;� F. The Citylmrw� may display the work of more than one artist or organization in Initial Point Gallery at any
1�,, time, at the City's sole discretion.
60�G. '.. Artwork submitted itted for display in Initial Point Gallery must be original works conceived and created
by the artist (or by artist members of the organization) submitting this application.
OV'�
INUML ReMeridian City Hall is primarily a place of public business and Initial Point Gallery is a public place. The
City seeks to encourage artistic expression and public dialogue, but must simultaneously ensure that
City Hall is a place where citizens, employees, and visitors of diverse ages and perspectives feel
welcome and comfortable. To this end, only artists and artwork meeting the eligibility standards
described in the Cali for Artists and following the terms set forth in the Acceptance Agreement shall be
displayed in Initial Point Gallery.
do acknowledge aVT"40
taand all of the foregoing stipulations and do agree to these general terms and
conditions.
Signature: vz�. _ � r�� Print name: E5F-1A*,J 4SG4-f �
Date:
� � 2 �J / �i� l O
To propose an exhibition in Initial Point Gallery, please submit this form, completed in full, with- the required
materials and fee, via U.S. mail, to:
Meridian Arts Commission
Attn: Initial Point Gallery
33 East Broadway Avenue
Meridian ID 83642
Thank you for your interest!
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Meridian City Council Meeting
DATE: March 8,2011 ITEM NUMBER: 4G
PROJECT NUMBER:
ITEM TITLE:
Access Control Contracts for Water and Wastewater
Ape_X jn"r,�CA SCCUY l�de�de�n-4- �on�rock�� Se�r��ces Agreremen +SC�
- L
MEETING NOTES
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
3/�i
%/
✓
� �Qlnal s Ca� 4-a Shy-e.e, - Co
AAV or
AGREEMENT FOR INDEPENDENT CONTRACTOR SERVICES
Access Control System at Wastewater Treatment Plant
PROJECT #10228
THIS AGREEMENT FOR
PROFESSIONAL SERVICES is made this 8th day of
February, 2010, 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
p
"CITY", 33 East Broadway Avenue, Meridian, Idaho 83642, and Apex Integrated
Security Systems, hereinafter referred to as "CONTRACTOR", whose business address
is 109 South 4 Street Boise I D 83702 and whose Public Works Contractor License #
is ELE-SC-31669.
INTRODUCTION
Whereas, the City has a need for services involving Access Control
System and Installation; and
WHEREAS, the Contractor is specially trained, experienced and
competent to perform and has agreed to provide such services;
.P* `. NOW, THEREFORE, in consideration of the mutual promises, covenants,
terms and conditions hereinafter contained, the parties agree as follows:
TERMS AND CONDITIONS
1. Scope of Work:
1.1 CONTRACTOR shall perform and furnish to the City upon execution of
this Agreement and receipt of the City's written notice to proceed, all services
and work, and comply in all respects, as specified in the document titled
"Scope of Work" a copy of which is attached hereto as Attachment "A" and
incorporated herein by this reference, together with any amendments that
may be agreed to in writing by the parties.
1.2 All documents, drawings and written work product prepared or
produced by the Contractor 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
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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 co ri ht the same, except that, as to any work which is copyrighted by
the Contractor, the City reserves a royalty -free, non-exclusive, and
irrevocable license to reproduce, publish and use such work, or any part
thereof, and to authorize others to do so.
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 art of the work performed by the Contractor under this Agreement,
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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 $99,070.55.
2.2 The Contractor shall provide the City with a monthly statement, as the
work warrants, of fees earned and costs incurred for services provided during
the billing period, which the City will pay within 30 days of receipt of a correct
invoice and approval by the City. The City will not withhold any Federal or
State income taxes or Social Security Tax from any payment made by City to
Contractor under the terms and conditions of this Agreement. Payment of all
taxes and other assessments on such sums is the sole responsibility of
Contractor.
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2.3 Except as expressly provided in this Agreement, Contractor shall not
be entitled to receive from the City any additional consideration,
compensation, salary, wages, or other type of remuneration for services
rendered under this Agreement including, but not limited to, meals, lodging,
transportation, drawings, renderings or mockups. Specifically, Contractor
shall not be entitled by virtue of this Agreement to consideration in the form
of overtime, health insurance benefits, retirement benefits, paid holidays or
other paid leaves of absence of any type or kind whatsoever.
3. Term:
3.1 This agreement shall become effective upon execution by both
parties, and shall expire upon (a) completion of the agreed upon work, (b)
September 30, 2011 or (c) unless sooner terminated as provided below or
unless some other method or time of termination is listed in Attachment A.
3.2 Should Contractor default in the performance of this Agreement or
materially breach any of its provisions, City, at City's option, may terminate
this Agreement by giving written notification to Contractor.
3.3 Should City fail to pay Contractor all or any part of the compensation
set forth in Attachment B of this Agreement on the date due, Contractor, at
the Contractor's option, may terminate this Agreement if the failure is not
remedied by the City within thirty (30) days from the date payment is due.
3.4 This Agreement shall terminate automatically on the occurrence of
any of the following events:
a. Bankruptcy of insolvency of either party;
b. Sale of Contractor's business; or
C. Death of Contractor
3.5 TIME FOR EXECUTING CONTRACT AND LIQUIDATED
DAMAGES
Upon receipt of a Notice to Proceed, the Contractor shall begin work no
later than June 6, 2011 and shall have until September 6, 2011 to
complete the project. Contractor shall be liable to the City for any delay
beyond this date in the amount of eve hundred dollars ($500.00) per
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1
calendar day. Such payment shall be construed to be liquidated
damages by the Contractor in lieu of any claim or damage because of
such delay and not be construed as a penalty. These liquidated
damages shall not apply to days affected by conditions beyond the
reasonable control of the contractor.
Termination:
If, through any cause, CONTRACTOR, its officers, employees, or agents
fails to fulfill in a timely and proper manner its obligations under this
Agreement, violates any of the covenants, agreements, or stipulations of this
Agreement, falsifies any record or document required to be prepared under
this agreement, engages in fraud, dishonesty, or any other act of misconduct
in the performance of this contract, or if the City Council determines that
termination of this Agreement is in the best interest of CITY, the CITY shall
thereupon have the right to terminate this Agreement by giving written notice
to CONTRACTOR of such termination and specifying the effective date
thereof at least fifteen (15) days before the effective date of such
termination. CONTRACTOR may terminate this agreement at any time by
giving at least sixty (60) days notice to CITY.
.�.. In the event of any termination of this Agreement, all finished or unfinished
documents, data, and reports prepared by CONTRACTOR under this
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 CIN for damages sustained by the CIN by virtue of any breach of this
Agreement by CONTRACTOR, and the CIN may withhold any payments to
CONTRACTOR for the purposes of set-off until such time as the exact
amount of damages due the CIN 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:
5.1 In all matters pertaining to this agreement, CONTRACTOR shall be
acting as an independent contractor, and neither CONTRACTOR nor any
officer, employee or agent of CONTRACTOR will be deemed an employee of
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CIN. 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. CIN.
5.2 Contractor, its agents, officers, and employees are and at all times
during the term of this Agreement shall represent and conduct themselves as
independent contractors and not as employees of the City.
5.3 Contractor shall determine the method, details and means of
pg
erformin 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.
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.
CONTRACTOR 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 amounts as follow:
General Liability One Million Dollars ($1,000,000) per incident or occurrence,
Automobile Liability Insurance One Million Dollars ($1,000,000) per incident
or occurrence and Workers' Compensation Insurance, in the statutory limits
as required by law.. The limits of insurance shall not be deemed a limitation
of the covenants to indemnify and save and hold harmless CITY; and if CITY
becomes liable for an amount in excess of the insurance limits, herein
provided, CONTRACTOR covenants and agrees to indemnify and save and
hold harmless CITY from and for all such losses, claims, actions, or
judgments for damages or injury to persons or property and other costs,
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including litigation costs and attorneys' fees, arising out of, resultingfrom , or
i
n connection with the performance of this Agreement by the Contractor or
Contractor's officers, employs, agents, representatives or subcontractors and
resulting in or attributable to personal injury, death, or damage or destruction
to tangible or intangible property, including use of. CONTRACTOR shall
provide CITY with a Certificate of Insurance, or other proof of insurance
evidencing CONTRACTOR'S compliance with the requirements of this
paragraph and file such proof of insurance with the CITY at least ten (10)
days prior to the date Contractor begins performance of it's obligations under
this Agreement. In the event the insurance minimums are changed,
CONTRACTOR shall immediately submit proof of compliance with the
changed limits. Evidence of all insurance shall be submitted to the City
Purchasing Agent with a copy to Meridian City Accounting, 33 East
Broadway Avenue, Meridian, Idaho 83642.
6.2 Any deductibles, self-insured retention, or named insureds must
be declared in writing and approved by the City. At the option of the City,
either: the insurer shall reduce or eliminate such deductibles, self-insured
retentions or named insureds; or the Contractor shallp rovide a bond cash or
letter of credit guaranteeing payment of losses and related investigations,
claim administration and defense expenses.
6.3 To the extent of the indemnity in this contract, Contractor's Insurance
coverage shall be primary insurance regarding the City's elected officers,
officials, employees and volunteers. Any insurance or self-insurance
maintained by the City or the City's elected officers, officials, employees and
volunteers shall be excess of the Contractor's insurance and shall not
contribute with Contractor's insurance except as to the extent of City's
negligence.
6.4 The Contractor's insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect to the
limits of the insurer's liability.
6.5 All insurance coverages for subcontractors shall be subject to all of
the insurance and indemnity requirements stated herein.
6.6 The limits of insurance described herein shall not limit the liability of
the Contractor and Contractor's agents, representatives, employees or
subcontractors.
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7. Bonds: Payment and Performance Bonds are required on all Public Works
Improvement Projects.
8. Notices: Any and all notices required to be given b either of the parties
Y
hereto, unless otherwise stated in this agreement, shall be in writing and be
deemed communicated when mailed in the United States mall, certified
return receipt requested, addressed as follows:
City of Meridian
Purchasing Agent
33 E. Broadway Avenue
Meridian, Idaho 83642
Apex I nteg rated Secu ritySystems
Attn: John Elliott
109 South 4 Street
Boise, ID 83702
Ph. (208) -
Idaho Public Works License #: ELE-SC-31669
Either party may change their address for the purpose of thisparagraph b
.. p p Y
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.
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• • In performing the Work required herein,
12. Discrimination Prohibited. p , g . .
ull discriminate in violation of any federal,
CONTRACTOR shall not unlawfully
regulation against any person on the basis of race,
state or local law, rule or reg g
sex national origin or ancestry, age or disability.
color, religion, g
13. Reports and Information:
13.1 At such times and in such forms as the CIN may require, there shall
be furnished to the CIN such statements, records, reports, data and
information as the CIN 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)ears from the termination or completion of this or
y
Agreement. This includes an handwriting, typewriting, printing, photo static,
every photographic
and eve other means of recording upon any tangible thing,
any form of communication or representation including letters, words,
pictures, sounds symbols or any combination thereof.
p � ors y .
and Inspections: At an time during normal business hours and as
14. Audits a p Y .
he CITY may deem necessary, there shall be made available to the
often as t y .
r examination all of CONTRACTOR'S records with respect to all
� CITY for m atte rs covered g
overed b this Agreement. CONTRACTOR shall permit the CITY to
audit, examine, and make excerpts or transcripts from such records, and to
make audits
of all contracts invoices, materials, payrolls, records of
personnel,employment conditions of em to ment and other data relating to all matters
covered by this Agreement.
ion Reproduction and Use of Material: No material produced in
15. Publication, p p g
whole or in art under this Agreement shall be subject to copyright in the
United Statesy or in an other country. The CITY shall have unrestricted
authority to publish, disclose and otherwise use, in whole or in part, any
a tY
reports, data or other materials prepared under this Agreement.
• performing the scope of work required
16. Compliance with Laws. In pe g p
hereunder, CONTRACTOR shall comply with all applicable laws, ordinances,
and codes of Federal, State, and local governments.
The CITY may, from time to time, request changes in the Scope
17. Changes:Y .
of Work to be performed hereunder. Such changes, including any Increase
or decrease in the amount of CONTRACTORS compensation, which are
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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.
Waiver of default b
19. Waiver of Default:Y either party to this Agreement shall
Y
not be deemed to
be waiver of an subsequent default. Waiver or breach of
of this Agreement shall not be deemed to be a waiver of any
any provision g
other or subsequent ,
bse uent breach and shall not be construed to be a modification
of the terms og
f this Agreement unless this Agreement is modified as provided
above.
Advice of Attorney: Each a warrants and represents that in executing
20. Advo y party
this Agreement. It has received independent legal advice from its attorney's
g
or the opportunity to seek such advice.
21. Entire g g
Agreement: This Agreement contains the entire agreement of the
parties a p an
and supersedes and all other agreements or understandings, oral
Y
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.
23. 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.
24. Approval Required: This Agreement shall not become effective or binding
until approved by the City of Meridian.
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%o, fY OF MERIDIAN
BY:
TAMMY d EERD, MAYO
Dated:
;o% of Mf
PORq;
Attest: Fo
1 �
I
AL
JAYCEE HOLMAN, CITY CLb 50
Approved b Council: '� SUNT`(
e y >��►,r ����`��
►rrr���
Approved as to Content
BY:
KEIT AS, PURCHASING MANAGER
Dated: 3/ 4 l
Apex - Access Control @ VWVTP - kw
Dated: 11100e7l
Department Approval
BY: X za
NAME: Rich Dees
TITLE: _Deputy+Director. Public Works
Dated:V/0-61
Approved as to Form
CITY ATTORNEY
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Exhibit A
SCOPE OF WORK
Provide and Install access control for nine (9) building described in Exhibit B below. Price
includes all required software for integration into the City's existing Lenel system.
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110�,
Exhibit B
MILESTONE / PAYMENT SCHEDULE
A. Total and complete compensation for this Agreement shall not exceed
$99,070.55.
TASK
DESCRIPTION
DATE
AMOUNT
A.
Lenel License per proposal dated 1/5/11.
$12,675.00
B.
Admin Bldg Access Control for 2 Doors
$5,540.00
C.
Generator Bldg. Access Control for 2 Doors incl.
Conduit & Fittin s.
$8,365.00
D.
Booster Station Access Control for 4 Doors incl.
Conduit & Fittings.
$16,930.00
E.
Maintenance Building Access Control for 1 Door incl.
Conduit & Fittings.
$5,530.00
F.
Operations Building Access Control for 4 Doors.
$14,125.00
G.
Lab Building Access Control for 4 Doors
$10,920.00
H.
Post Air Blower Building Access Control for 3 Doors
incl. Conduit & Fittings.
$$,$60.00
UV Building Access Control for 1 Door incl. Conduit 8
Fittings.
$6,965.00
J.
BRO Building Access Control for 1 Door incl. Conduit &
Fittings.
$6,275.00
Payment & Performance Bonds (3%)
$2,885.55
Prices include all incidentals required in performing
the above work.
TOTAL
$99,070.55
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/00"� a p e
Integrated Security Solutions
FACSIMILE TRANSMITTAL SHEET
TO: FROM:
Keith Watts Dalelyn Allen—Office Manager
(208) 378-965
COMPANY: DATE:
City of Meridian
FAX NUMBER:
(:zo8) 887-4813
3/i/zou
FAX NUMBER:
(208) 37$-9
RE: TOTAL NO. OF PAGES INCLUDING COVER:
Signed Contracts 13
❑ URGENT ❑ FOR REVIEW ❑ PLEASE COMMENT ❑ PLEASE REPLY ❑ PLEASE RECYCLE
100 ` NO
Please let me know if you have any questions.
Sincerely,
Da e PAIlen
Office Manager
da��.exboise.com
208.378.9650
208.378.966o fax
Ir. C�� oe C -A
log SOUTH 4TH STREET
BOISE, ID 83702
PHONE: (208) 378-9650 / FAX: (208) 378-966o
03/01/2011 16:27 FAX 2083789660 APEX INTEGRATED SECURITY
TRANSMISSION OK
TX/RX NO
RECIPIENT ADDRESS
DESTINATION ID
ST. TIME
TIME USE
PAGES SENT
RESULT
* TX REPORT
1789
8874813
03/01 16:25
01'56
13
OK
Q001
AGREEMENT FOR INDEPENDENT CONTRACTOR SERVICES
Access Control System at Water Division
PROJECT #10235
THIS AGREEMENT FOR PROFESSIONAL SERVICES is made this 8th day of
February, 2010, 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 Apex Integrated
Securitv S stems, hereinafter referred to as "CONTRACTOR", whose business address
is 109 South 4 nStreet, Boise, ID 83702, and whose Public Works Contractor License #
is ELE-SC-31669.
INTRODUCTION
Whereas, the City has a need for services involving Access Control
System and Installation; and
WHEREAS, the Contractor is specially trained, experienced and
competent to perform and has agreed to provide such services;
100� NOW, THEREFORE, in consideration of the mutual promises, covenants,
terms and conditions hereinafter contained, the parties agree as follows:
TERMS AND CONDITIONS
1. Scope of Work:
1.1 CONTRACTOR shall perform and furnish to the City upon execution of
this Agreement and receipt of the City's written notice to proceed, all services
and work, and comply in all respects, as specified in the document titled
"Scope of Work" a copy of which is attached hereto as Attachment "A" and
incorporated herein by this reference, together with any amendments that
may be agreed to in writing by the parties.
1.2 All documents, drawings and written work product prepared or
produced by the Contractor 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
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authorize others to do so. If any such work is copyrightable, the Contractor
may copyright co ri ht the same, except that, as to any work which is copyrighted by
the Contractor, the City reserves a royalty -free, non-exclusive, and
irrevocable license to reproduce, publish and use such work, or any part
thereof, and to authorize others to do so.
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
withg enerally 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
p .
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 $23,329.50.
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. Payment of all
taxes and other assessments on such sums is the sole responsibility of
Contractor.
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2.3 Y
as Except expressly provided in this Agreement, Contractor shall not
p
be entitled to receive from the City any additional consideration,
compensation, salary, es, or other type of remuneration for services
p rY, wages,
rendered under this Agreement including, but not limited to, meals, lodging,
g
transportation,g drawings, renderings or mockups. Specifically, Contractor
shall not be entitled by virtue of this Agreement to consideration in the form
of overtime, health insurance benefits, retirement benefits, paid holidays or
other paid leaves of absence of any type or kind whatsoever.
3. Term:
3.1 This agreement shall become effective upon execution by both
parties, and shall expire upon (a) completion of the agreed upon work, (b)
September 30, 2011 or (c) unless sooner terminated as provided below or
unless some other method or time of termination is listed in Attachment A.
3.2 Should Contractor default in the performance of this Agreement or
materially breach any of its provisions, City, at City's option, may terminate
this Agreement by giving written notification to Contractor.
3.3 Should City fail to pay Contractor all or any part of the compensation
.-� set forth in Attachment B of this Agreement on the date due, Contractor, at
the Contractor's option, may terminate this Agreement if the failure is not
remedied by the City within thirty (30) days from the date payment is due.
3.4 This Agreement shall terminate automatically on the occurrence of
any of the following events:
a. Bankruptcy of insolvency of either party;
b. Sale of Contractor's business; or
C. Death of Contractor
3.5 TIME FOR EXECUTING CONTRACT AND LIQUIDATED
DAMAGES
Upon receipt of a Notice to Proceed, the Contractor shall begin work no
later than May 2, 2011 and shall have until May 31, 2011 to complete
the project. Contractor shall be liable to the City for any delay
beyond this date in the amount of five hundred dollars ($500.00) per
calendar day. Such payment shall be construed to be liquidated
damages by the Contractor in lieu of any claim or damage because of
such delay and not be construed as a penalty. These liquidated
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damages shall not apply to days affected by conditions beyond the
reasonable control of the contractor.
Termination:
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
g
Agreement, falsifies any record or document required to be prepared under
this agreement, engages in fraud, dishonesty, or any other act of misconduct
in the performance of this contract, or if the City Council determines that
termination of this Agreement is in the best interest of CITY, the CITY shall
thereupon have the right to terminate this Agreement by giving written notice
to CONTRACTOR of such termination and specifying the effective date
thereof at least fifteen (15) days before the effective date of such
termination. CONTRACTOR may terminate this agreement at any time by
giving at least sixty (60) days notice to CITY.
In the event of any termination of this Agreement, all finished or unfinished
documents, data, and reports prepared by CONTRACTOR under this
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 CIN 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 CIN for damages.
4. Independent Contractor:
5.1 In all matters pertaining to this agreement, CONTRACTOR shall be
acting as an independent contractor, and neither CONTRACTOR nor any
officer, employee or agent of CONTRACTOR will be deemed an employee of
CIN. 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
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City. The selection and designation of the personnel of the CIN in the
performance of this agreement shall be made by the CIN.
5.2 Contractor, its agents, officers, and employees are and at all times
duringthe term of this Agreement shall represent and conduct themselves as
g
independent contractors and not as employees of the City.
5.3 Contractor shall determine the method, details and means of
performing the work and services to be provided by Contractor under this
p g
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
g
physical sical action or activities of Contractor in fulfillment of this Agreement. If in
thep erformance 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.
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.
CONTRACTOR shall maintain and sr)ecifically agrees that it will maintain
throughout the term of this Agreement liability insurance in which the CITY
shall be named an additional insured in the minimum amounts as follow:
General Liability One Million Dollars ($1,000,000) per incident or occurrence,
Automobile Liability Insurance One Million Dollars ($1,000,000) per incident
or occurrence and Workers' Compensation Insurance, in the statutory limits
as required by law.. The limits of insurance shall not be deemed a limitation
of the covenants to indemnify and save and hold harmless CITY; and if CITY
becomes liable for an amount in excess of the insurance limits, herein
provided, CONTRACTOR covenants and agrees to indemnify and save and
g
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
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to tangible or intangible property, including use of. CONTRACTOR shall
provide CITY with a Certificate of Insurance, or other proof of insurance
evidencing CONTRACTOR'S compliance with the requirements of this
paragraph and file such proof of insurance with the CITY at least ten (10)
days prior to the date Contractor begins performance of it's obligations under
this Agreement. In the event the insurance minimums are changed,
CONTRACTOR shall immediately submit proof of compliance with the
changed limits. Evidence of all insurance shall be submitted to the City
Purchasing Agent with a copy to Meridian City Accounting, 33 East
Broadway Avenue, Meridian, Idaho 83642.
6.2 Any deductibles, self-insured retention, or named insureds must
be declared in writing and approved by the City. At the option of the City,
either: the insurer shall reduce or eliminate such deductibles, self-insured
retentions or named insureds; or the Contractor shall provide a bond, cash or
letter of credit guaranteeing payment of losses and related investigations,
claim administration and defense expenses.
6.3 To the extent of the indemnity in this contract, Contractor's Insurance
coverage shall be primary insurance regarding the City's elected officers,
officials, employees and volunteers. Any insurance or self-insurance
maintained by the City or the City's elected officers, officials, employees and
volunteers shall be excess of the Contractor's insurance and shall not
contribute with Contractor's insurance except as to the extent of City's
negligence.
6.4 The Contractor's insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect to the
limits of the insurer's liability.
6.5 All insurance coverages for subcontractors shall be subject to all of
the insurance and indemnity requirements stated herein.
6.6 The limits of insurance described herein shall not limit the liability of
the Contractor and Contractor's agents, representatives, employees or
subcontractors.
7. Bonds: Payment and Performance Bonds are required on all Public Works
Improvement Projects.
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
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certified,
deemed communicated when mailed in the United States mail, cert ,
return receipt requested, addressed as follows:
City of Meridian.
Purchasing Agent
33 E. Broadway Avenue
Meridian, Idaho 83642
Apex I ntgg rated Security Svstems
Attn: John Elliott
109 South 4,n Street
Boise, ID 83702
Ph. 208) 378-9650
Idaho Public Works License #: ELE-SC-31669
EitherrtY may change their address for the purpose of this paragraph by
p Y
giving ivin 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
andp rovision 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 g 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.
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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
p
often as the CITY may deem necessary, there shall be made available to the
CITY for examination all of CONTRACTOR'S records with respect to all
matters covered by this Agreement. CONTRACTOR shall permit the CITY to
audit, examine, and make excerpts or transcripts from such records, and to
make audits of all contracts, invoices, materials, payrolls, records of
personnel, conditions of employment and other data relating to all matters
covered by this Agreement.
15. Publication, Reproduction and Use of Material: No material produced in
whole or inart under this Agreement shall be subject to copyright in the
p
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
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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.
23. 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.
24. Approval Required: This Agreement shall not become effective or binding
until approved by the City of Meridian.
epo*%% Apex - Access Control @ WTR -10235 - kw
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'� APEX INTEGRATED SECU TY SOLUTIONS
,TY OF MERIDIAN
(�7
r,
�......� on KAAV(1R B
YG
TAMMWEE
Y ,
Dated:
\00 OF
Attest:40
F�
0
ALM.
XyCE . HOLMAN, CITY CLQ
0
"f�
S l `
��c���►r�trro •APProved b Council: 11N -T`4
fil"
0����
Approved as to Content
6
KEITH WATTS, PU RASING ANAGER
Dated: 3,/;1 / I I.,
Apex - Access Control c@ WTR -10235- kw
Dated:
Departure t Approval
BY:
NAME: Rich Dees
TITLE: D@putv Director. Public Works
Dated:
Approved as to Form
CITY ATTORNEY
page 10 of 12
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Exhibit A
SCOPE OF WORK
Provide and Install access control for nine (9) access points listed below. Price includes all
equipment required to utilize existing Lenel OnGuard software running on existing City
server.
1. Vehicle Gate
2. Main Entry
3. West Exterior Entry
4. Maintenance Exterior Double Door
5. Shop Exterior Entrance
6. Shop to Office Door
7. SCADA Room
8,, Comm. Room
9. Riser Room
Equipment and Services Includes but limited to the following:
9 Lenel Mult-technology Card Readers
5 HES Heavy Duty Electric Strike with Latch Bolt Monitor
1 HES Heavy Duty Surface Mount Strike with Latch Bolt Monitor
1 Schlage Electronic Handle Set
7 Detection Ststems DS150i Request to Exit Motion
3 Overhead Door Contacts
1 Cable — Access Control Cable
1 Misc. Materials and Supplies required to complete installation
1 Labor: Installation, Programming and Testing required to complete installation.
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A. Total and
$22,650.00.
Exhibit B
MILESTONE / PAYMENT SCHEDULE
tete compensation on for this Agreement reement shall not exceed
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a p e
Integrated Security Solutions
FACSIMILE TRANSMITTAL SHEET
FROM:
To: Dalelyn Allen—Office Manager
Keith Watts (208) 378-9650
DATE:
COMPANY:
City of Meridian 3/1/2011
FAX NUMBER: FAX NUMBER:
(208) 887-4813 (208) 378-9
TOTAL NO. OF PAGES INCLUDING COVER:
RE:
Signed Contracts 13
El URGENT ❑FOR REVIEW ❑PLEASE COMMENT ❑PLEASE REPLY ❑PLEASE RECYCLE
�.� NOTES/COMMENTS:
Please let me know if you have any questions.
Sincerely,
Dalelyn Allen
Office Manager
dale(&anexoise.com
208.378.9650
208.378.966o fax
io9 SOUTH 4T" STREET
BOISE, ID 83702
PHONE: (208) 378-9650 / FAX: (208) 378-966o
03/01/2O11 16:24 FAX 2083789660
APEX INTEGRATED SECURITY [7]001
I
TRANSNISSION OR
TX/RX NO
RECIPIENT ADDRESS
DESTINATION ID
ST. TIME
TIME USE
PAGES SENT
RESULT
TX REPORT **
1788
8874813
03/01 16:22
01'57
13
OK
Meridian City Council Meeting
DATE: March 8, 2011 ITEM NUMBER: 4H
PROJECT NUMBER:
ITEM TITLE:
g
Sanitary
Sewer Easement Agreement with Meridian Friends Church
MEETING NOTES
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
Cz E IDIAN�-
IDAHO
Pub lic
Works Department
TO: Mayor Tammy de Weerd
Members of the City Council
FROM: Roxanne Holland, EIT
Staff Engineer
Mayor Tammy de Weerd
Chip Council Member::
Keith Bird
Brad Hoaglun
Charles Rountree
David Zaremba
DATE: February 17, 2011
SUBJECT.
SANITARY SEWER EASEMENT AGREEMENT WITH MERIDIAN
FRIENDS CHURCH
(NEXT AVAILABLE CONSENT AGENDA)
I. RECOMMENDED ACTION
A. Move to:
1.
Approve the Sanitary Sewer Easement Agreement with Meridian Friends
Church; and
2. Authorize the Mayor to sign the easement.
II. DEPARTMENT CONTACT PERSONS
Roxanne Holland, Staff Engineer (Project Manager) 489-0347
Clint Dolsby, Assistant City Engineer 489-0341
Warren Stewart, Engineering Manager 489-0350
Tom Barry, Director of Public Works 489-0372
Page 1 of 2
III. DESCRIPTION
A. Backaround
agreement,a sanitary sewer main was installed on a parcel owned
As part of a developer
by Meridian
Friends Church. The installation of this sewer main will allow Public Works
to abandon the Tremont Lift Station.
B. Proposed Proiect
The proposed ro osed easement will allow the City to take ownership of the newly installed sewer main and decommission the Tremont Lift Station.
IV. TIME CONSTRAINTS
Council's approval of the easement will allow for abandonment of the lift station and save
operation costs associated with running and maintaining the lift station.
V. LIST OF ATTACHMENTS
A. Sanitary Sewer Easement Agreement
B. Sewer Easement Desc 'ption
Approved for Council Agenda:
Dat
Page 2 of 2
ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 �
BOISE IDAHO 03/09111 11:10 AM
DEPUTY Vicki Allen III ('ll'lllll'll'II'IIII'I'III�I) (�I)
RECORDED -REQUEST OF 111020582
City of Meridian
SANITARY SEWER LASE�NT
INDEN'T'URE made this S da of Q 20 I between , Meridian Friends Church. Inc.,
TI-�s y ...�..
thep arties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada
County, Idaho, the party of the second part, and hereinafter called the Grantee;
WITNESSETH:
WHEREAS, the Grantors desire to provide a sanitary sewer right-of-way across the premises
and property hereinafter particularly bounded and described; and
WHEREAS, the sanitary sewer is to be provided for through an underground pipeline to be
constructed by others; and
WHEREAS, it will be necessary to maintain and service said pipeline from time to time by
the Grantee;
NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and
other good and valuable consideration, the Grantors do hereby give, grant and convey unto
the Grantee the right-of-way for an easement for the operation and maintenance of a sewer
line over and across the following described property:
(SEE ATTACHED EXHIBIT A and B)
The easement hereby granted is for the purpose of construction and operation of a sanitary
sewer line and their allied facilities, together with their maintenance, repair and replacement
at the convenience of the Grantee, with the free right of access to such facilities at any and all
times.
TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's
successors and assigns forever.
IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto,
t after making repairs or performing other maintenance, Grantee shall restore the area of
that g ep �� g
the easement and adjacent property to that existent prior to undertaking such repairs and
maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring
anything placed within the area described in this easement that was placed there in violation
of this easement.
THE GRANTORS hereby covenant and agree that they will not place or allow to be placed
any permanent structures, trees, brush, or pial shrubs or flowers within the area
Sewer Main Easement
EASMT.SWR.doc
?'64`'• described for this easement, which would interfere with the use of said easement, for the
purposes stated herein.
THE GRANTORS hereby covenant and agree with the Grantee that should any part of the
right-of-way and easement hereby granted shall become part of, or lie within the boundaries
of any public street, then, to such extent, such right-of-way and easement hereby granted
which lies within such boundary thereof or which is a part thereof, shall cease and become
null and void and of no further effect and shall be completely relinquished.
THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and
possessed of the aforementioned and described tract of land, and that they have a good and
lawful right to convey said easement, and that they will warrant and forever defend the title
and quiet possession thereof against the lawful claims of all persons whomsoever.
IN WTTNESS WHEREOF, the said parties of the first part have hereunto subscribed their
signatures the day and year first herein above written.
L
Address
Secretary
STATE OF IDAHO )
ss
County of Ada
i 41
On this day of Gt ! 20.1L before me, the undersl ed, a Notary
Public in and for said State, personally app6red
known or identified to me to be the
uecrewy, respectively, of the corporation that executed the within instrument, and
acknowledged to me that such corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year fist abov����
(SEAL)
wee. �; a •'• , '�! `
ON
� Pe
Sewer Main Easement
J
NOTARY PUBL FO�IDAH
Residing at: q, I'm
Commission Expires:
EASMT.SWR.doc
GRANTEE: CITY OF MERIDIAN
Of
Tammy eerd, Mayor �F
AL
Attest b aycee L. Holman, Cityxl
'r �S
0 Q• `�•
Approved By City Council On:
//1i�fl 1111
STATE OF IDAHO
ss
County of Ada
On this day of 20 E. �, , before me, the undersigned, a Notary
Public in and for said State, personally appeared TAMMY DE WEERD and JAYCEE L.
HOLMAN, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian,
Idaho, and who executed the within instrument, and acknowledged to me that the City of
Meridian executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year
first above written.
NO ARY P� AHO
Residing at:
Commission Expires: n 9
Sewer Main Easement EASMT.SWR.doc
L&M.1 Descri tion
City of Meridian Sanitary Sewer Easement
ExhibitA
An easement being located in the SW % of Section 12, Township 3 North, Range 1 West, Boise
Meridian, Ada County, Idaho, and more particularly described as follows:
Commencing at a brass cap monument marking the northeast comer of said SW %4;
Thence N 89°28056 W along the northerly boundary of said SW % a distance of 894.47 feet to a
point;
Thence leaving said northerly boundary S 0033'38" W along the easterly boundary and the
prolongation thereof of the Amended Rockcreek Subdivision, as shown in Book 95 of Plats, on
Page 11582, records of Ada County, Idaho, a distance of 543.60 feet to the POINT OF
BEGINNING;
Thence leaving said easterly boundary S 8502846" E a distance of 240.65 feet to a point on the
westerly boundary of Tremont Place Subdivision, as shown in Book 81 of Plats, on Page 8849,
records of Ada County, Idaho;
Thence S 0034'02" W along said westerly boundary a distance of 20.05 feet to a point;
Thence leaving said westerly boundary N 85028'46" W a distance of 240.65 feet to a point on
the easterly boundary of said Amended Rockcreek Subdivision;
Thence N 0033'38" E along said easterly boundary 20.05 feet to the POINT OF BEGINNING;
This parcel contains 4,814 square feet and is subject to any other easements existing or in use.
Clinton W. Hansen, PLS 014PL LA Np
Land Solutions, PC y5T
November 16, 2010
a 11118 ;0
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Land, �lutlons Pine Ave Sewer Ease
land g and C„w„" Job No. 10-70
CITY OF MERIDIAN,, SANITARY SEWER EASEMENT
EXHIBIT B
11
o LOCATED IN THE SW 1/4 OF SECTION 12,
� T3N8, R 1 W, BM, ADA COUNTY, IDAHO
w
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Z BASIS OF BEARING, Wo PONE AVE C 1/4
2 S 89" 28'56 88*
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1/4
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PARCQ N0.
3 I 89322500510 I
i 1021 W. PINE AVE. I
5 �O
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POINT OF
f BEGINNING I
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240.85' a
20.05'
N 0'33'38" E 2439,RIO'* N85""" -r --s. �� o
NNNEA�IItE DRAIN O
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I PARCEL NO. I
f 89322500650 I
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RUTLEDGE LATERAL
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12
E!n ?lUtions
Landreying and Consulting
231 E STH 5T STE. A
MERIDWV, ID 83642
1208► 288.2040 (208) 28B-2557 fax
wwwAarbsokitiora.6iz
Meridian Planning Zoning Commission Meeting
DATE: March 8,20110ITEM NUMBER41
PROJECT NUMBER: PP 1 0-003
ITEM TITLE: Waverly Place
Findings of Fact and Conclusions of Law for A roval- Preliminary pp eliminary Plat approval of 24
residential building lots and 4 common lots on 4.9 acres of land in a proposed R-8
zoning district by Robert Mortensen, Mountain West Entrust IRA
/FB4 -
2510 E. Magic
View Drive
MEETING NOTES
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
Meridian Planning Zoning Commission Meeting
DATE: March 8,2011 ITEM NUMBER: 4J
PROJECT NUMBER: RZ 1 0-004
ITEM TITLE: Waverly Place
Findings of Fact and Conclusions of Law for Approval -Rezone of 5.17 acres of land
from L -O (Limited Office) to R-8 (Medium Density Residential) zone by Robert Mortensen,
Mountain West Entrust IRA / FBO - 2510 E. Magic View Drive
MEETING NOTES
{1p.prov2a, i•� �1 P I o -�3 �, le,
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
Meridian Planning Zoning Commission Meeting
DATE: March 8,2011 ITEM NUMBER: 4K
PROJECT NUMBER: CPAM 1 0-001
ITEM TITLE: Waverly Place
Resolution No. �� �i� Amendment to the Comp Plan Future Land Use Map to
change the land use designation on 4.9 acres of land use from Office to Medium
Density Residential by Robert Mortensen, Mountain West Entrust IRA / FBO - 2510 E.
Magic View Drive
MEETING NOTES
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 3
BOISE IDAHO 03/09/11 11:10 AM
DEPUTY Vicki Allen III IIII'll'll'IIIII'IIII'IIIIIII (I III
RECORDED -REQUEST OF 111020��3
City of Meridian
CITY OF MERIDIAN RESOLUTION NO.
BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA
A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF
MERIDIAN TO AMEND THE FUTURE LAND USE MAP OF THE 2002
COMPREHENSIVE PLAN FOR 4.9 ACRES KNOWN AS THE WAVERLY PLACE
PROPERTY LOCATED AT 2510 E. MAGIC VIEW DRIVE, MERIDIAN, IDAHO • AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Mayor and Council have the authority pursuant to Idaho Code § 50-302
to establish resolutions not inconsistent with the laws of the state of Idaho as may e expedient, in
addition to the special powers therein granted, to maintain the peace,
ood government and welfare
g
of the corporation and its trade, commerce and industry; and
WHEREAS, the City of Meridian Comprehensive Plan was adopted in August in 2002 as
resolution 02-382; and
WHEREAS, the Mayor and Council have deemed it appropriate to amend the future land
use map of the 2002 Comprehensive Plan for approximately 4.9 acres known as the Waverly Place
located at 2510 E. Magic View Drive, Meridian, Idaho from Office to Medium Density
Residential; and
WHEREAS, the Mayor and City Council have provided all the requisite notices held the
necessary hearings, and received the required information necessary to make a final decision as
required by the Idaho Local Land Use Planning Act to amend the adopted
comprehensive plan.
p
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF
THE CITY OF MERIDIAN, IDAHO AS FOLLOWS:
SECTION 1. Pursuant to Idaho Code §67-6509, the Mayor and City Council hereby
amend the City of Meridian Comprehensive Plan and Land Use Map, a copy of which is attached
hereto incorporated herein by reference. A copy of this Resolution and the attached amendment
shall be held on file in the office of the City Clerk.
COMPREHENSIVE PLAN AMENDMENT FOR FUTURE LAND USE MAP - WAVERLY PLACE CPAM 10-001— Page 1 of 2
SECTION 2. EFFECTIVE DATE. This Resolution shall be in full force and effect
immediately upon its adoption and approval.
ADOPTED by the City Council of the City of Meridian, Idaho, this V*day of
JA2A.6� 2011.
APPROVED by the Mayor of the City of Meridian, Idaho, this A day of
2011.
APPROVED:
` ; , 0 W , , , , , ,Mayor T y de Weerd
ATTEST: O
AIS �.
By: 4im
JL..y
h�
Jaycee olman, City Clerk
COMPREHENSIVE PLAN AMENDMENT FOR FUTURE LAND USE MAP - WAVERLY PLACE CPAM 10-001— Pag e 2 of 2
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Meridian City Council Meeting
DATE: March 8, 2011 ITEM NUMBER: 6A
PROJECT NUMBER:
ITEM TITLE: Department Reports
Mayor's Office - Resolution No. 11-"775: A Resolution of the Mayor and the City Council
of the Cit of Meridian, appointing Matthew J. Stoll to Seat 7 of the Parks and Recreation
Commission and providing an effective date
MEETING NOTES
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
11 --775
CITY OF MERIDIAN RESOLUTION NOI
BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA
A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF
MERIDIAN, APPOINTING MATTHEW J. STOLL TO SEAT 7 OF THE PARKS AND
RECREATION COMMISSION, AND PROVIDING AN EFFECTIVE DATE,
WHEREAS, Meridian City Code Title 2, Chapter 2 establishes the Meridian Parks and
Recreation Commission, its members and terms of their appointments;
WHEREAS, the remaining term of Seat 7 of the Commission will expire October 31,
2012; and
WHEREAS, the City Council of the City of Meridian deems the appointment of
Matthew J. Stoll to Seat 7 to be in the best interest of the Commission and of the City of
Meridian;
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO:
Section 1. That, pursuant to Meridian City Code § 2-2-3(A)(2), Matthew J. Stoll is
hereby appointed to Seat 7 of the Meridian Parks and Recreation Commission, for a term to
expire on October 31, 2012.
Section 2. That this Resolution shall be in full force and effect immediately upon its
adoption and approval.
ADOPTED by the City Council of the City of Meridian, Idaho, this day of
2011.
APPROVED by the Mayor of the City of Meridian, Idaho, this u day of
2011.
APPROVED:
of- MFj� j /?4ayor Tamy e Weerd
ATTEST: C3' ,
� � r
w-
•r.
By.
Jaycee . Holman, City Cle
APPOINTING MATT
RESOLUTION�� �`��
MERIDIAN PARKS AND RECREATIONQ r f �` Page 1 of 1
Jan, -21 11 09:38p Compass 208*855#2559 p.2
January 21, 2011
The Honorable Tammy de Weerd
Mayor
Meridian City Hall
33 E. Broadway Avenue
Meridian, ID 83642
Re: City of..Mer ian Parks. & Recreation Co mission Vacancy
Dear Mayor De Weerd,
I have enclosed my application and resume for your consideration in filling the vacant position on the
Meridian Parks & Recreation Commission.
I have resided with my family at our current address since February 2043. At that time, my wife and
decided the best community to raise our daughters was the City of Meridian. I have greatly appreciated
,e*"N the friendships we have developed and opportunities availed to us in this wonderful community. I want
to further give back to this community as a citizen in my personal life and believe that a seat on the
Parks & Recreation Commission is the best fit at this time. My background and skills should help the City
in the development and implementation of parks and recreation facilities and programs to meet the
needs of its citizens and families.
If you have any questions regarding my application for the vacant position on the Parks & Recreation
Commission, please do not hesitate to call me at (208)284-1832. 1 am excited about the possibilities
with the Commission position and look forward to hearing from you.
Sincerely,
1X4LQ
Matthew J. Stoll
2278 E. Comisky St.
Meridian, ID 83646
(208)284-1832
Jan 21 11 09:38p Compass 208#855#2559 p.3
EDiAN"00I ...Application to be Considered for
.. . City -Appointed or Volunteer Positions
Position Applying for: f1'P'arks & Recreation Commission 0 Planning & Zoning Commission
Q Meridian Arts Commission Q Historical Preservation Commission O Traffic Safety Commission
Transportation Task Force 0 Impact Fee Committee O Solid waste Advisory Committee
Q Meridian
O General Volunteer Position on Special Projects or Events as Needed (appointment not required)
Name.
�{
Home Address:�,� �i c�S � • eoml;544-1 &.1r,�Iofl'�'! . 1�7) EXA YLv
Telephone:
�-qv-
E-Mail Address: �5 ms-�-bt 1 Q �1@
Occupation: �EXPl'lz-t��2
Are you a resident of the City of Meridian? MI"O'Yes O No
If not, do you live in Meridian's area of impact? Q Yes 0 No
,,. Why do you want to become involved? _
-. 7 f / M / _ I I I w I- . JV w JA _ 4A , mow_ w _ // 4 / J� J .,,a el ♦ // /{-/"1111.
' l �iA /.. .o l - 17X -- l la.r - !w. • I _ 0.1' w . , / ..JU, / )i,�" _I/1 a &P 11
.
local service clubs or other organizations? Yes Q No
Do you participate �n any g
If so, please list:
000�6, 6�T ...T
ok
What areas of city government are of most interest to you
Have you participated in an level of volunteer government service in the past? C3 Yes 0'�No
a Y p P Y 8
If so, please list:
Do you understand the ti,md commitment required to attend meetings and review/research data to make
recommendations? Yes Q No
Signature Date 1
Please return your completed application, resume, and letter of interest to:
City Clerk's Office, City of Meridian, 33 E. Broadway Avenue, Meridian, ID 83642
Phone; (208) 888-4433 Fax: (208) 888-4218
Jan 21 11 09:39p Compass 208#1855#2559 p.4
MATTHEW JOHNSON STOLL
2278 East Cornisky Street
Meridian, Idaho 83546
(208)284-1832
smsto1192@gmail.com
PROFESSIOArAL EXPERIENCE
Executive Director 2004 - present
Community Planning Association of Southwest Idaho, Meridian, Idaho
• Serve as a metropolitan planning organization's chief executive officer for a rapidly urbanizing two county area
• Responsible for a $5.1 million annual Unified Planning Work Program and Budget with 20 full-time equivalent
positions
a Direct a state and federal legislative advocacy program to leverage additional funds and influence transportation
related policies
• Responsible for development of the first regional long range transportation plan for a six county area
• implement new strategic planning process and outreach programs to ensure agency effectiveness in meeting
community and membership needs
Deputy Executive Director 2004
Community Planning Association of Southwest Idaho, Meridian, Idaho
• Administered metropolitan planning organization's daily functions in accordance with the agency's mission
• Developed and recommended a $5.2 million annual Unified Planning Work Prograrn and Budget with 19.7 full-
time equivalent positions
• Evaluated and recommended organizational system and process improvements
• Coordinated with federal, state, and local agencies to plan, supervise, and organize the comprehensive
transportation planning process within Ada and Canyon Counties
• Served as liaison with federal and state elected officials, staff, and lobbyists to maximize federal, state, and
local funding for transportation projects
• Worked with elected officials, member agency staff, citizens, and local media on transportation planning and air
quality issues
Director of Transportation and Air Quality 2002-2004
Community Planning Association of Southwest Idaho, Meridian, Idaho
• Planned and directed short- and long -tern transportation planning for Ada and Canyon Counties
Directed identification of solutions to air quality problems in support of transportation program objectives
• Developed the budget for transportation planning and air quality program implementation
• Interacted daily with elected officials, transportation officials, and citizens on transportation and air quality
issues
• Provided formal presentations on regional transportation and air quality issues to elected officials
• Managed six full-time equivalent positions
Regional Airshed Manager 2001-2002
Idaho Department of Environmental Quality, Boise, Idaho
• Planned and directed all aspects of regional air qualityprogram, including transportation conformity, airshed
planning, community outreach, monitoring, permitting, compliance inspections, enforcement action resolution,
complaint response, and implernentationlmaintenance plan development
• Developed and managed a $1.9 million budget for 18.2 full-time equivalent positions with associated
performance measures
• Identified solutions to environmental problems for citizens, elected officials, and industry
• Interacted daily with elected officials, transportation officials, and industrial representatives on air quality issues
• Provided formal presentations on regional air quality issues to elected officials
0 Participated in negotiated rulemaking for air qua] ity issues impacting region
Jars 21 11 09:39p Compass
208*855*2559 p.5
Air Quality Monitoring & Emissions Manager 1999-2001
Idaho Department of Environmental Quality, Boise, Idaho
• Planned and directed statewide air quality monitoring, modeling, emission inventory, and air quality
index/advisory programs
• Developed and tracked a S2.0 million statewide budget for 20 full-time equivalent positions with associated
performance measures
• Communicated daily with elected officials, transportation officials, and industrial representatives on emission
inventory and monitoring issues
• Provided air quality briefings to elected officials as needed
• Participated in negotiated rulemaking for air quality issues impacting program
Air Quality Sciences Manager 1997-1999
Idaho Division of Environmental Quality, Boise, Idaho
• Coordinated air quality monitoring, modeling, emission inventory, and air quality indextadvisory programs
• Communicated daily with elected officials, transportation officials, and industrial representatives on modeling,
emission inventory, and monitoring issues
• Supervised seven full-time equivalent positions
Air Quality Monitoring Analyst 1993-1997
Idaho Division of Environmental Quality, Boise, Idaho
• Designed, coordinated, and evaluated statewide ambient air quality monitoring network
• Coordinated quality assurance for statewide ambient air quality monitoring program
• Served as lead forecaster for air quality index/advisory programs
EDUCATION
Post -Master's degree course work, Arizona State University and University of Idaho, 1991. 1994.
Master of Arts in geography, Arizona State University, 1990. Thesis: Analysts of Land Use Effects on Surface to
Air Temperature Relationships in an Urban Environment. A.J. Brazel and R.C. Balling, Jr., Committee Co -Chairs.
Bachelor of Arts in geography, Cum Laude, State University of New York, College at Geneseo, 1988.
PROFESSIONAL AND COMMUNITY SERVICE
Representative, Executive Directors Council, National Association of Regional Councils
Member, Policy Committee, Association of Metropolitan Planning Organizations
Assistant Coach, Soccer, Meridian PALS
Board Member, Community Transportation Association of Idaho
Member, Management Committee, Urban Land Institute -- Idaho District Council
Board Member, fire -Ida Council, Boy Scouts of America
Member at Large, Executive Committee, Urban Land Institute — Idaho District Council
Member, Ada County Citizens for Better Transportation
Mentor, Big BrothemBig Sisters of Southwest Idaho
Member, Forum on Transportation investment
Volunteer, CASI Foundation for Children
Fundraiser and Fundraising Mentor, Team -In -Training Program,
Leukemia Society of America
REFERENCES
Available upon request
2006 — present
2009 - present
2009 - present
2010 — present
2010 - present
2004-2010
2009
2008
1995-2007
2004-2006
2001- 2004
1998-1999
Meridian City Council Meeting
DATE: March 8,2011 ITEM NUMBER: 6B
PROJECT NUMBER:
ITEM TITLE: Department Reports
Economic Update -CORE update with Earl Sullivan; Chairman, The CORE
MEETING NOTES
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
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Meridian City Council Meeting
DATE: March 8,2011 ITEM NUMBER: 6C
PROJECT NUMBER:
ITEM TITLE: Department Reports
Finance Department: Fiscal Year 2010 Annual Audit Report Presentation anon and
Acceptance with Eide Bailly
MEETING NOTES
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
February 23, 2011
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 each major fund of the Ci of Meridian Idaho (the
City ( e City) for the year ended
September 30, 2010. Professional standards require that we provide you with information about our
responsibilities under generally accepted auditing standards and Government Auditing 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 August 4, 2010. Professional standards also require that
we communicate to you the following information related to our audit.
Significant Audit Findings
Qualitative Aspects ofAccounting 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. As described in Note 1 to
the financial statements, the City changed accounting policies related to intangible assets by adopting Statement
of Governmental Accounting Standards (GASB Statement) No. 51, Accounting and Financial Reporting for
p g
Intangible Assets, in 2010. There is no cumulative effect of the accounting change. 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.
Certain financial statement disclosures are particularly sensitive because of their significance to financial
statement users.
Difficulties Encountered in Performing the Audit
We encountered no significant difficulties in dealing with management in performing and completing our audit.
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
www.eideboilly.com
877 W. Main St., Ste. 800 1 Boise, ID 83702-5858 1 T 208.344.7150 1 F 208.344.7435 1 EOE
their effects are immaterial, both individually and in the aggregate, to the financial al 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
cial
accounting, reporting, or auditing matter, whether or not resolved to our satisfaction, that could be ort significant to
the financial statements or the auditor's report. We are leased to re that p p at 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 23, 2011.
g p
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.
-10� 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.
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,
A ,, SGT
�,
Boise, Idaho
,ems ,
N
..POO ' Government Wide
Capital Projects Fund
,,,....,4 Effect Debit (Credit) of misstatements and classification errors on:
Net
Description Asset Liability Revenue Expense Income Equity
Reversed prior year misstatements
To adjust AIP to agree to the AIP
Aging Detail at YE - - - 19170 1,170 (1,170)
Current year misstatements
None
Total - - - 19170 1,170 (19170)
1,170
Cumulative Misstatement Errors -
3
Effect Debit (Credit) of misstatements and classification errors on:
Description
Asset Liability Revenue Expense
Net
Income
Equity
q y
Reversed prior year misstatements
To record the depreciation related to the
substantial completion of CIP
To capitalize copier leases treated as
- - - (1239561)
(1239561)
1239561
operating leases
- - - (319907)
(31,907)
81,894
Current year misstatements
To capitalize copier leases treated as
operating leases
329123 - - (749096)
(749096)
419973
Total
329123 - - (2299564)
(229,564)
2479428
(229,564)
Cumulative Misstatement
Errors
17,864
Capital Projects Fund
,,,....,4 Effect Debit (Credit) of misstatements and classification errors on:
Net
Description Asset Liability Revenue Expense Income Equity
Reversed prior year misstatements
To adjust AIP to agree to the AIP
Aging Detail at YE - - - 19170 1,170 (1,170)
Current year misstatements
None
Total - - - 19170 1,170 (19170)
1,170
Cumulative Misstatement Errors -
3
XOO"�
Proprietary Fund
4
Effect Debit (Credit) of misstatements and classification errors on:
Description
Net
Asset Liability Revenue Expense Income
Equity
Reversed prior year misstatements
To capitalize copier leases treated as
operating leases
- - - (8,558) (89558)
149710
Current year misstatements
To capitalize copier leases treated as
operating leases
14,711 (369776) - 89391 8,391
135674
Total
145711 (36,776) -(167) (167)
289384
(167)
Cumulative Misstatement Errors
28,217
4
Meridian City Council Meeting
DATE: March 8,2011 ITEM NUMBER: 6D
PROJECT NUMBER:
ITEM TITLE: Department Reports
Mayor's office and Planning Department Joint Report: Welcome come to Meridian Signs
MEETING NOTES
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
:::: ... :::::. :::::::.
.. .;:.. ..:.. .
Location .......................
..............
........ ,.
TemD or Ultimate
Temp at swc Chinden/McDermott
Temp - Ultimate at Chinden/Can Ada
*swc Locust Grove/Chinden - 1
Ultimate
Temp at swc McMillan/McDermott
Temp - Ultimate at McMillan/Can Ada
north side McMillan - Edinburgh common lot - 1
Ultimate
sec Ustick/McDermott - 1
Ultimate
north of eagle, near allys ave
Ultimate
*sec Cherry/McDermott -1
Ultimate
Fairview, near venture st
Ultimate
Temp at sec Franklin/Black Cat
Temp - Ultimate at Franklin/McDermott
Franklin, 1/4 mile east of Eagle - Van Auker -1
Ultimate
I-84 EB off ramp at Ten Mile - 1
Ultimate
I-84 WB off ramp at Ten Mile - 1
Ultimate
I-84 EB off ramp at Meridian - 1
Ultimate
I-84 EB off ramp at Eagle - 1
Ultimate
I-84 WB off ramp at Eagle - 1
Ultimate
north side Overland near Rolling Hills
Ultimate*
nec Victory near San Ramon Drive
Ultimate
Temp at swc Amity/Meridian
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Meridian City Council Meeting
DATE: March 8,2011
ITEM NUMBER: 6E
PROJECT NUMBER:
ITEM TITLE: Department Reports
Planning Department and Legal Department: Consider Rescinding Various
Development Agreements
� v,rr�,
7
MEETING NOTES
t5oyv-,,,.� 0 P�'�
CLERKS OFFICE MNAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTE S
INITIALS
E IDIA
IDAHO
January 25, 2011
Ten Mile Development
4309 Rio Robles Drive
Austin, TX 78746
RE: Ten Mile Development RZ 04-017
Mayor Tammy de Weerd
City Council Members:
Keith Bird
Brad Hoaglun
Charles Rountree
David Zaremba
The City Council of the City of Meridian approved the project entitled Ten Mile Development on
April 26, 2005. This letter is in regard to both the rezone and the development agreement
approved with that application.
The Unified Development Code of the City of Meridian and Idaho Code § 65-6711A provides the
City the authority to require property owners to enter into a Development Agreement with the
City of Meridian concurrent with an annexation or rezone application. UDC 11 -5B -3D2 requires
the development agreement be signed by the property owner and returned to the city within one
year of the city council granting annexation and/or rezone.
We understand that you no longer own the property. Given that the approval period has expired,
the City of Meridian would like to leave a clear public record and officially rescind the rezone
and development agreement approval. Therefore, the City of Meridian will consider rescinding
the approval of this project at the March 8, 2011 City Council meeting.
Please feel free to contact my office at (208) 884-5533 if you would like the Council to consider
action other rescission of this project by February 25, 2011.
Sincere ,
Anna Borchers Canning, AICP
City of Meridian Planning Director
ABC: me
cc: Glenn Walker, Hansen Rice
1717 E. Chisholm
Nampa, ID 83 687
William L. M. Nary, City Attorney
Jaycee Holman, City Clerk
Planning Department . 33 E. Broadway Avenue, Meridian, ID 83642
Phone 208-884-5533. Fax 208-888-6854 . www.meridiancity.org
E IDIA
IDAHO
January 25, 2011
Ten Mile Christian Church
3500 W. Franklin Rd.
Meridian, ID 83 642
RE: Cherry Lane Christian Church MI 06-007
Mayor Tammy de Weerd
City Council Members:
Keith Bird
Brad Hoaglun
Charles Rountree
David Zaremba
The City Council of the City of Meridian approved the Development Agreement Modification for
Cherry Lane Christian Church on September 19, 2006 to remove the requirement for detailed
Conditional Use Permit/Planned Development approval north of Ten Mile Creek. This letter is in
regard to both the development agreement approved with that application.
The Unified Development Code of the City of Meridian and Idaho Code § 65-6711A provides the
City the authority to require property owners to enter into a Development Agreement with the
City of Meridian concurrent with an annexation or rezone application.. UDC 11 -5B -3D2 requires
the development agreement be signed by the property owner and returned to the city within one
year of the city council granting approval of such modification.
The Development Agreement Modification has never been signed and/or recorded. However,
Cherry Lane Christian church now Ten Mile Christian Church has fulfilled all the conditions
that the City required in the development agreement. Therefore, the City would like to leave a
clear public record and rescind the requirement that your church enter into a development
agreement with the City. The City of Meridian will consider rescinding the approval of the
Development Agreement Modification at the March 8, 2011 City Council meeting. Please feel
free to contact my office at (208) 884-5533 if you would like the Council to consider action other
than rescission of this requirement by February 25, 2011.
Sincerely,
Anna Borchers Canning, AIC
City of Meridian Planning Director
ABC: me
cc: Steve Pardew, BRS Architects
1010 S Allante Ave Ste 100
Boise, ID 83709
William L. M. Nary, City Attorney
Jaycee Holman, City Clerk
Planning Department 33 E. Broadway Avenue, Meridian, ID 83642
Phone 208-884-5533 Fax 208-888-6854 . www.meridiancity.org
E IDIA
IDAHO
January 25, 2011
Susan Howard
3420 S. Locust Grove Road
Meridian, ID 83 642
RE: Benelli Springs Subdivision AZ 06-033
Mayor Tammy de Weerd
City Council Members:
Keith Bird
Brad Hoaglun
Charles Rountree
David Zaremba
The City Council of the City of Meridian approved the project entitled Benelli Springs
Subdivision on September 12, 2006. This letter is in regard to both the annexation and the
development agreement approved with that application.
The Unified Development Code of the City of Meridian and Idaho Code § 65-6711A provides the
City the authority to require property owners to enter into a Development Agreement with the
City of Meridian that may require written commitment for all future uses. UDC 11 -5B -3D2
requires the development agreement be signed by the property owner and returned to the city
�`` within one year of the city council granting annexation and/or rezone.
We understand that a portion of the property has changed ownership and you are no longer
pursuing a residential subdivision on the property. Given that the approval period has expired, the
City of Meridian would like to leave a clear public record and officially rescind the prior
annexation and development agreement approval. The City of Meridian will consider rescinding
the approval of this project at the March 8, 2011 City Council meeting. Please feel free to contact
my office at (208) 884-5533 if you would like the Council to consider action other rescission of
this project by February 25, 2011.
Sincere ,
Anna Bo chers Canning, AICP
City of Meridian Planning Director
ABC: me
cc: Rob Goodsill
24779 Lansing Lane
Middleton, ID 83 644
William L. M. Nary, City Attorney
Jaycee Holman, City Clerk
Planning Department • 33 E. Broadway Avenue, Meridian, ID 83642
Phone 208-884-5533. Fax 208-888-6854 . www.meridiancity.org
E IDIA
IDAHO
January 25, 2011
Bill Grau
413 5 West Cherry Lane
Meridian, ID 83642
RE: Grau Subdivision AZ 07-003
Mayor Tammy de Weerd
City Council Members:
Keith Bird
Brad Hoaglun
Charles Rountree
David Zaremba
The City Council of the City of Meridian approved the project entitled Grau Subdivision on May
1, 2007. This letter is in regard to both the annexation and the development agreement approved
with that application.
The Unified Development Code of the City of Meridian and Idaho Code § 65-6711A provides the
City the authority to require property owners to enter into a Development Agreement with the
City of Meridian that may require written commitment for all future uses. UDC 11 -5B -3D2
requires the development agreement be signed by the property owner and returned to the city
within one year of the city council granting annexation and/or rezone.
We understand that you are no longer pursuing a residential subdivision on the property. Given
that the approval period has expired, the City of Meridian would like to leave a clear public
record and officially rescind the prior annexation and development agreement approval. The City
of Meridian will consider rescinding the approval of this project at the March 8, 2011 City
Council meeting. Please feel free to contact my office at (208) 884-5533 if you would like the
Council to consider action other rescission of this project by February 25, 2011.
Sincerely
Anna Borchers Canning, AICP
City of Meridian Planning Director
ABC: me
cc: Stanley Consultants
1940 South Bonito Way, Suite 140
Meridian, ID 83 642
William L. M. Nary, City Attorney
Jaycee Holman, City Clerk
Planning Department . 33 E. Broadway Avenue, Meridian, ID 83642
Phone 208-884-5533. Fax 208-888-6854 . www.meridiancity.org
E IDIA
IDAHO
January 25, 2011
Marc Johnson
1402 N. Meridian Road
Meridian, ID 83642
RE: Shaylee Estates RZ 07-011
MayorTammy de Weerd
City Council Members:
Keith Bird
Brad Hoaglun
Charles Rountree
David Zaremba
The City Council of the City of Meridian approved the project entitled Shaylee Estates on
September 4, 2007. This letter is in regard to both the rezone and the development agreement
approved with that application.
The Unified Development Code of the City of Meridian and Idaho Code § 65-6711A provides the
City the authority to require property owners to enter into a Development Agreement with the
City of Meridian that may require written commitment for all future uses. UDC 11 -5B -3D2
requires the development agreement be signed by the property owner and returned to the city
•'�`'` within one year of the city council granting annexation and/or rezone.
We understand that you are no longer pursuing development of the property at this time. Given
that the approval period has expired, the City of Meridian would like to leave a clear public
record and officially rescind the prior annexation and development agreement approval. The City
of Meridian will consider rescinding the approval of this project at the March 8, 2011 City
Council meeting. Please feel free to contact my office at (208) 884-5533 if you would like the
Council to consider action other rescission of this project by February 25, 2011.
Sincerely,
Anna Borchers Canning, AICP
City of Meridian Planning Director
ABC: me
cc: Donna Dodson
Tealey's Land Surveying
187 E. 50t' Street
Garden City, ID 83 714
William L. M. Nary, City Attorney
Jaycee Holman, City Clerk
Planning Department 33 E. Broadway Avenue, Meridian, ID 83642
Phone 208-884-5533. Fax 208-888-6854 . www.meridiancity.org
E IDIA
IDAHO
January 25, 2011
Vince Covino
13965 W. Chinden Blvd:, Suite 109
Boise, ID 83 713
RE: Matador Subdivision AZ 07-013
Mayor Tammy de Weerd
City Council Members:
Keith Bird
Brad Hoaglun
Charles Rountree
David Zaremba
The City Council of the City of Meridian approved the project entitled Matador Subdivision on
March 4, 2008. This letter is in regard to both the annexation and the development agreement
approved with that application.
The Unified Development Code of the City of Meridian and Idaho Code § 65-6711A provides the
City the authority to require property owners to enter into a Development Agreement with the
City :of Meridian that may require written commitment for all future uses. UDC 11 -5B -3D2
requires -the development agreement be signed by the property owner and returned to the city
within one year of the city council granting annexation and/or rezone.
We understand that you are no longer pursuing development of the property. Given that the
approval period has expired, the City of Meridian would like to leave a clear public record and
officially rescind the prior annexation and development agreement approval. The City of
Meridian- will consider rescinding the approval of this project at the March 8, 2011 City Council
meeting. Please feel free to contact my office at (208) 884-5533 if you would like the Council to
consider action other rescission of this project by February 25, 2011.
Sincerely,
Anna Borchers Canning, AICP
City of Meridian Planning Director
ABC: me
cc: Equity Development
13965 W. Chinden Blvd., Suite 109
Boise, ID 83713
William L. M. Nary, City Attorney
Jaycee Holman, City Clerk
Planning Department . 33 E. Broadway Avenue, Meridian, ID 83642
Phone 208-884-5533. Fax 208-888-6854 . www.meridiancity.org
CE IDIAN
IDAHO
January 25, 2011
Catherine Nelson
5555 N. Linder Road
Meridian, ID 83 642
RE: Villas @ Lochsa Falls AZ 08-002
Mayor Tammy de Weerd
City Council Members:
Keith Bird
Brad Hoaglun
Charles Rountree
David Zaremba
The City Council of the City of Meridian approved the project entitled Villas @ Lochsa Falls on
April 15, 2008. This letter is in regard to both the annexation and the development agreement
approved with that application.
The Unified Development Code of the City of Meridian and Idaho Code § 65-6711A provides the
City the authority to require property owners to enter into a Development Agreement with the
City of Meridian that may require written commitment for all future uses. UDC 11 -5B -3D2
• requires the development agreement be signed by the property owner and returned to the city
within one year of the city council granting annexation and/or rezone.
We understand that you are no longer pursuing a residential subdivision on the property. Given
that the approval period has expired, the City of Meridian would like to leave a clear public
record and officially rescind the prior annexation and development agreement approval. The City
of Meridian will consider rescinding the approval of this project at the March 8, 2011 City
Council meeting. Please feel free to contact my office at (208) 8 84-5 53 3 if you would like the
Council to consider action other rescission of this project by February 25, 2011.
Sincerely,
i
Anna Borchers Canning, AICP
City of Meridian Planning Director
cc: D.T. Campbell Investments
3313 W. Cherry Lane
Meridian, ID 83 642
William L. M. Nary, City Attorney
Jaycee Holman, City Clerk
Planning Department 33 E. Broadway Avenue, Meridian, ID 83642
Phone 208-884-5533 Fax 208-888-6854 . www.meridiancity.org
((E IDIAN
IDAHO
January 25, 2011
Nunzio Sgroi
4405 E. Ustick Road
Meridian, ID 83646
RE: Sgroi AZ 08-011
Mayor Tammy de Weerd
City Council Members:
Keith Bird
Brad Hoaglun
Charles Rountree
David Zaremba
The City Council of the City of Meridian approved the project entitled Sgroi on October 28,
2008. This letter is in regard to both the annexation and the development agreement approved
with that application.
The Unified Development Code of the City of Meridian and Idaho Code § 65-6711A provides the
City the authority to require property owners to enter into a Development Agreement with the
City of Meridian that may require written commitment for all future uses. UDC 11 -5B -3D2
requires the development agreement be signed by the property owner and returned to the city
within one year of the city council granting annexation and/or rezone.
We understand that you are no longer pursuing a residential subdivision on the property. Given
that the approval period has expired, the City of Meridian would like to leave a clear public
record and officially rescind the prior annexation and development agreement approval. The City
of Meridian will consider rescinding the approval of this project at the March 8, 2011 City
Council meeting. Please feel free to contact my office at (208) 884-5533 if you would like the
Council to consider action other rescission of this project by February 25, 2011.
Sincerel ,
Anna Bo chers Canning, AICP
City of Meridian Planning Director
ABC: me
cc: William L. M. Nary, City Attorney
Jaycee Holman, City Clerk
Planning Department • 33 E. Broadway Avenue, Meridian, ID 83642
Phone 208-884-5533. Fax 208-888-6854 . www.meridiancity.org
IDIAN
IDAHO
January 25, 2011
Virtual Keystokes, LLC
2010 Mumbarto Avenue
Boise, ID 83713
RE: Goff AZ 09-001
Mayor Tammy de Weerd
City Council Members:
Keith Bird
Brad Hoaglun
Charles Rountree
David Zaremba
The City Council of the City of Meridian approved the project entitled Goff on April 7, 2009.
This letter is in regard to both the annexation and the development agreement approved with that
application.
The Unified Development Code of the City of Meridian and Idaho Code § 65-671 1 A provides the
City the authority to require property owners to enter into a Development Agreement with the
City of Meridian that may require written commitment for all future uses. UDC 11 -5B -3D2
requires the development agreement be signed by the property owner and returned to the city
within one year of the city council granting annexation and/or rezone.
We understand that you are no longer pursuing development of the property at this time. Given
that the approval period has expired, the City of Meridian would like to leave a clear public
record and officially rescind the prior annexation and development agreement approval. The City
of Meridian will consider rescinding the approval of this project at the March 8, 2011 City
Council meeting. Please feel free to contact my office at (208) 884-5533 if you would like the
Council to consider action other rescission of this project by February 25, 2011.
Sincerely,
re
Anna Borc ers Canning, AICP
City of Meridian Planning Director
ABC: me
cc: Garland Goff
1725 W. Pine Avenue
Meridian, ID 83 642
William L. M. Nary, City Attorney
Jaycee Holman, City Clerk
Planning Department 33 E. Broadway Avenue, Meridian, ID 83642
Phone 208-884-5533. Fax 208-888-6854 . www.meridiancity.org
�E IDIA
IDAHO
January 25, 2011
Ronald Van Auker
3084 E. Lanark Street
Meridian, ID 83 642
RE: Fignut AZ 08-015
Mayor Tammy de Weerd
City Council Members:
Keith Bird
Brad Hoaglun
Charles Rountree
David Zaremba
The City Council of the City of Meridian approved the project entitled Fignut on July 7, 2009.
This letter is in regard to both the annexation and the development agreement approved with that
application.
The Unified Development Code of the City of Meridian and Idaho Code § 65-6711A provides the
City the authority to require property owners to enter into a Development Agreement with the
City of Meridian that may require written commitment for all future uses. UDC 11 -5B -3D2
requires the development agreement be signed by the property owner and returned to the city
within one year of the city council granting annexation and/or rezone.
Since we have not heard from you in regard to this application, we assume that your plans for the
property have changed. Given that the approval period has expired, the City of Meridian would
like to leave a clear public record and officially rescind the prior annexation and development
agreement approval. The City of Meridian will consider rescinding the approval of this project at
the March 8, 2011 City Council meeting.
If you still have plans to develop the property in accord with the Fignut approval, please let me
know. You may contact me at (208) 884-5533 if you would like the Council to consider action
other rescission of this project by February 25, 2011.
Sincerel ,
Anna Borchers Canning, CP
City of Meridian Planning Director
ABC: me
cc: William L. M. Nary, City Attorney
Jaycee Holman, City Clerk
Planning Department 33 E. Broadway Avenue, Meridian, ID 83642
Phone 208-884-5533 Fax 208-888-6854 . www.meridiancity.org
T. A. W HTWO TH
A K C H T E CT 3 ) 7 0 1-4
?i7) Nort6 Koot-evelt, F
J,% 6 o
March 8, 2011
Mayor Tammy de Weerd & Council
33 E Broadway Avenue, Suite 300
Meridian, Idaho 83642
Re: Development Agreement — Sgroi
AZ 08-011
Mayor Tammy de Weerd & Council
� �J
I TY OF CM�-F- 9QYLV
CITY CLERKS OFFICE
The property owner, Nunzio Sgroi, at 4405 East Usti ck Road, is requesting a extension
of the Development Agreement allowing the property to remain a R8 (Medium Density
Residential District).
Thank you for your consideration.
Sincerely,
Thomas A. Whitworth
T. A. Whitworth, Architect
www'tawk 1twortk-nrck Stec t. Com
March 4, 2011
The Hon. Tammy de Weerd, Mayor
Members of the Meridian City Council
RE: Goff Az 09-001
About two (2) years ago, we were granted a re-zon-mgof our parcel located at 1725 West
Pine Avenue from Residential to Neighborhood Co:iercial District (C -N) -- the
culmination of 12 months of effort at an expense of approximately $10,000. Over the last
2 years, we have failed to obtain financing that is both equitable and possessing favorable
terms for the proposed project due to the economic calamity confronting the nation and
particularly this community.
Please be assured that we continue to strive for development of this Meridian city project
site for a Learn -to -Swim facility, but we find ourselves having to ask for more time to
find the funds to bring our dream to a reality. Consequently, we urge the City Council to
let us retain our re -zoning designation. We anticipate that wig the next 5 years we will
acquire the necessary financing to bring this project to its conclusion.
It is also pertinent to point out that the parcel already has connections to both City water
and sewer.
Presently, we have rental tenants in the dwelling currently existing on the property that
assists in defraying the expenses associated with the property mortgage and Meridian
City taxes. We ask that we be allowed to continue the rental tenancy of this dwelling
until the development of the property.
Sincerely,
Shannon Hamrick
Project Name
File Number
Contacted
Staff?
Owner
Sent Letter?
DA Mod
Requested?
Ten Mile Development
RZ-04-017
NO
Ten Mile Christian Church
MI -06-007
NO
Benelli Springs Sub
AZ -06-033
NO*
Grau Sub
AZ -07-003
YES
Sha lee Estates
RZ-07-011
NO
Matador Sub
AZ -07-013
NO
Villas @ Lochsa Falls
AZ -08-002
YES
S roi
AZ -08-011
YES
YES
Goff
AZ -09-001
YES
YES
Fi nut
AZ -08-015
NO
Meridian City Council Meeting
DATE: March 8,2011 ITEM NUMBER: -6F
PROJECT NUMBER:
ITEM TITLE: Department Reports
Parks and Recreation Department: Discussion on Tull Park Snow ow Conse Stand Proposal
MEETING NOTES
6�
J
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTE S
INITIALS
TullyPark MAR 08 2011 c1TY0FC'F
►a►�s�o
Proposed Snow Cone Stand CITY CLERKS OFFICE
Tully Park has been identified as a possible site for a snow cone stand due to the
large number of people that consistently visit the park for adult softball games,
shelter reservations, riding at the skatepark, etc. To construct a 10'x 12' concrete
pad and to bring electrical to the site, we've estimated the costs to be
approximately $1,000. After researching other snow cone stands, we've found that
space is typically leased for between $100-$300 per month depending on the
location. Estimating a $200 per month lease and accounting for a conservative
cost estimate of power consumption ($50 per month), the construction costs would
be recouped within two years. Dates of operation would be approximately May
15th — September 15th depending on weather and the lessee would remove their
P g
stand from the park during the off-season. Not only will a snow cone stand be a
source of revenue in the future, but it will also be a welcome addition to the park.
Meridian City Council Meeting
DATE: March 8,2011 ITEM NUMBER: 6G
PROJECT NUMBER:
ITEM TITLE: Department Reports
Public Works: Water and Sewer Rates Discussion
MEETING NOTES
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
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Meridian City Council Meeting
DATE: March 8,2011 ITEM NUMBER: 6H
PROJECT NUMBER:
ITEM TITLE: Department Reports
City Council: Air Quality Board Update
MEETING NOTES
3r,00���
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
Meridian City Council Meeting
DATE: March 8, 2011 ITEM NUMBER: 61
PROJECT NUMBER:
ITEM TITLE: Department Reports
City Council: Public Transportation Discussion
MEETING NOTES
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
Meridian City Council Meeting
DATE: March 8,2011 ITEM NUMBER: 7
ITEM TITLE:
Future Meeting Topics:
PROJECT NUMBER:
MEETING NOTES
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS