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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 y g 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 e p pp 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 .-�. 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 int g 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 p a 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 p I 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 p 1 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 � c gY 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 p g 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 YY 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 p SEAL tea. ®^.'SN S �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, 9�1 ,. 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! 1,010 2t�'�-�/VZN4r2w., /\A 0 D� S e:::70 AAnnl5S I C) or t a A/\ ,d. �P,—�l 1"ej TV � ren � �,-. Y .dam N l -r i ac. Parti -r /2xr / e:E2 johnnow* s4s-�-4 ["I"I 4N, ftr-7 1=) r, --J R\ tre.—I D I God rn rv-� � N i -�-7 C�F.�✓- f- � /"!� ro--40 G1 (z n u p r2 t'.j .&P -of z Y' � y�-5 -(� � e -r l�I- I �hhwwhhhwj -�-v r2s/II"n rte, rtes Pr-�o�i-c�rz�,J.-+7 0� �rza sh F) �p &A p'i� i?�1 GYM -� �! r� r -n.( A&r [2t t� Itiaiw/j �F�if �i- 4 ���as(shownwhow � s�--tow n^ ,-.2 Ah-,� -rV o�GtC�N I � -�'NI S I r✓ /.�, dac�a�� �r-1 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 Apex - Access Control a@ WWTP - kw page 1 of 12 C:\Documents and Settingslelliott\Local Settings\Temporary Internet Files\OLK1 C4\Apex Agreement - Access Control a@ WWTP - kw.doc 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, p 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. Apex - Access Control @ WWTP - kw page 2 of 12 C:\Documents and Settingsyelliott\Local Settings\Temporary Internet Files\OLK1 C4\Apex Agreement - Access Control a@ WWTP - kw.doc 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 Apex - Access Control @ WWTP - kw page 3 of 12 C:\Documents and Settings\ elliott\Local Settings\Temporary Internet Files\OLK1 C4\Apex Agreement - Access Control @ WWTP - kw.doc 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 Apex - Access Control @ WWTP - kw page 4 of 12 C:\Documents and Settings\ elliott\Local Settings\Temporary Internet Files\OLK1 C4\Apex Agreement - Access Control @ WWTP - kw.doc 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, Apex - Access Control @ WWTP - kw page 5 of 12 C:\Documents and Settings\ elliott\Local Settings\Temporary Internet Files\OLK1 C4\Apex Agreement - Access Control @ WWTP - kw.doc 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. Apex - Access Control @ WWTP - kw page 6 of 12 C:\Documents and Settings�elliott\Local Settings\Temporary Internet Files\OLK1 C4\Apex Agreement - Access Control @ WWTP - kw.doc 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. Apex - Access Control @ WWTP - kw page 7 of 12 C:\Documents and Settin s elliott\Local Settin s\Tem or g y g p ary Internet Files\OLK1 C4\Apex Agreement -Access Control @ WWTP - kw.doc • • 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 Apex - Access Control c@ WWTP - kw page -8 of 12 C:\Documents and Settings\ elliott\Local Settings\Temporary Internet Files\OLK1 C4Wpex Agreement - Access Control @ WWTP - kw.doc 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. Apex - Access Control @ WWTP - kw page 9 of 12 C:\Documents and Settings elliottkLocal Settings\Temporary Internet Files\OLK1 C4\Apex Agreement - Access Control c@ WWTP - kw.doc %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 page 10 of 12 C:\Documents and Settings\ elliott\Local Settings\Temporary Internet Files\OLK1 C4\Apex Agreement - Access Control c@ WWTP - kw.doc 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. Apex - Access Control @ WWTP - kw page 11 of 12 C:\Documents and Settingsyelliott\Local Settings\Temporary Internet Files10LK1 C4\Apex Agreement - Access Control @ WWTP - kw.doc 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 $99,070.55 Apex - Access Control a@ WWTP - kw page 12 of 12 C:\Documents and Settings) elliott\Local Settings\Temporary Internet Files\OLK1 C4%pex Agreement - Access Control a@ WWTP - kw.doc /00"� a p e Integrated Security Solutions FACSIMILE TRANSMITTAL SHEET TO: FROM: Keith Watts Dalelyn Allen—Office Manager (208) 378-965 COMPANY: DATE: City of Meridian FAX NUMBER: (:zo8) 887-4813 3/i/zou FAX NUMBER: (208) 37$-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 Apex - Access Control @ WTR -10235 - kw page 1 of 12 C:\Documents and Settings elliott\Local Settings\Temporary Internet Files\OLK1 C4\Apex Agreement - Access Control @ WTR - kw (2).doc 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. Apex - Access Control @ WTR -10235 - kw page 2 of 12 C:\Documents and Settingslelliott\Local Settings\Temporary Internet Files\OLK1 C4\Apex Agreement - Access Control @ WTR - kw (2).doc 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 Apex - Access Control @ WTR -10235 - kw page 3 of 12 C:\Documents and Settingsyelliott\Local Settings\Temporary Internet Files\OLK1 C4\Apex Agreement - Access Control a@ WTR - kw (2).doc 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 Apex - Access Control a@ WTR -10235 - kw page 4 of 12 C:\Documents and Settingslelliott\Local Settings\Temporary Internet Files\OLK1 C4\Apex Agreement - Access Control @ WTR - kw (2).doc 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 Apex - Access Control c WTR -10235 - kw page 5 of 12 C:\Documents and Settingsyelliott\Local Settings\Temporary Internet Files\OLK1 C4\Apex Agreement - Access Control a@ WTR - kw (2).doc 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 Apex - Access Control @ WTR -10235 - kw page 6 of 12 C:\Documents and Settingsyelliott\Local Settings\Temporary Internet Files\OLK1 C4\Apex Agreement - Access Control @ WTR - kw (2).doc 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. Apex - Access Control @ WTR -10235 - kw page 7 of 12 C:\Documents and Settings\jelliott\Local Settings\Temporary Internet Files\OLK1 C4\Apex Agreement - Access Control a@ WTR - kw (2).doc 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 Apex - Access Control @ WTR -10235 - kw page 8 of 12 C:\Documents and Settings\ elliott\Local Settings\Temporary Internet Files\OLK1C4\Apex Agreement - Access Control a@ WTR - kw (2).doc 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 page 9 of 12 C:1Documents and Settings elliottiLocal Settings\Temporary Internet Files10LK1 C4\Apex Agreement - Access Control @ WTR - kw (2).doc '� 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 C:\Documents and Settings\jelliott\Local Settings\Temporary Internet Files\OLK1 C4\Apex Agreement - Access Control a@ WTR - kw (2).doc 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. Apex - Access Control @ WTR -10235 - kw page 11 of 12 C:\Documents and Settingsyelliott\Local Settings\Temporary Internet Files\OLK1 C4\Apex Agreement - Access Control @ WTR - kw (2).doc A. Total and $22,650.00. Exhibit B MILESTONE / PAYMENT SCHEDULE tete compensation on for this Agreement reement shall not exceed Apex - Access Control @ WTR -10235 - kw page 12 of 12 C:\Documents and Settin s\'elliott\Local Settings\Temporary Internet Files\OLK1 C4\Apex Agreement - Access . g 1 Control a@ WTR - kw (2).doc 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 (P 0 ;�. 0 F yr�N W HPC 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 0 z =1 Z BASIS OF BEARING, Wo PONE AVE C 1/4 2 S 89" 28'56 88* 158.42' — —�-- — "'.�.` Ymoo IUSEC. 1/4 I • . I . i . I PARCQ N0. 3 I 89322500510 I i 1021 W. PINE AVE. I 5 �O f s POINT OF f BEGINNING I •I 240.85' a 20.05' N 0'33'38" E 2439,RIO'* N85""" -r --s. �� o NNNEA�IItE DRAIN O I� I I I PARCEL NO. I f 89322500650 I I i f I RUTLEDGE LATERAL /�►1.1.A &Z �`4� Ste( iA 4 1 1118' ow A1/jf010 ��2 OF f �o �. o too zoo 400 0N yy,HP 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 *da a00.- 'SN3n l AVM Ad0>1DIH S � S LULL. 1 11 9213 Hld3M S k.- � z S�131N1 may, 110 a 0 0 M N N O H 1 S_` .•�/l�f,,.____.�- '�'' 01 1 II E V 3 �i-.............. L i �. y ! t 1 i. i € ! fir" ! Z . 3 Z� _..Y-�i-•�,_, _. �%/�g� s// �h ��� ui l jo Al /,---R', T`t E i 0NIN01 f . 4 i _ gm l ISM iNvommul NOW _-� I '-.. -. sn.�.: *da a00.- 'SN3n l AVM Ad0>1DIH S � S LULL. 1 11 9213 Hld3M S k.- � z S�131N1 may, 110 a 0 0 M N N O H 1 S_` .•�/l�f,,.____.�- '�'' I � ` fir% .t `. ` `�. �� � � • :,� lei.'` r '•LL II E ' _` V/'� � : I i �. y ! t 1 i. i € . 3 p ui l jo Al /,---R', T`t E 0NIN01 _. i _ W '-.. -. sn.�.: _ !' aIf_ 3AOlJ9._,LisnDoi s 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 C1 W� 00 • sm c fD01c COO � n O C � sm c fD01c COO d CD C fD O ci 0 P CD COD 0 cn C4 CD CD CD CD (wD CD CA CD a CD CD rZ CD P CD CD C5� CSD � � O OMA 0 CD O CD � d CD C fD O ci 0 n O (IM -� _ C -D '� CD 0 w►� W 00 CD CD O 1771 ►�. Cr CD CSD w CD CD p �. CD CDCD. CD � O � �D CD \ CD n CD O � O �h CD CEOO n O (IM 0 01 CD n O �l CD Q O 0n O -z OS W41. zzn O cn T ��> V \ V \\ \ r (Drn O Wit R D ` it, rn I Tr -i '. Ali - `� � ``\ �.\\ \ :�\ .moi ::. �� � � \ � � ■ ■ 0 CD Nub- o_ \IJIMM O —h a � �\ as x ,_A ���`— z mi - „� MiA- �- Ft0 r W ---------------- ,, D* 4 OW \\ \ MUST; -it -v vJ Alt3 MM IXa a` cn �\a \ Oft- Vlk r ib \a? -z OS W41. zzn O cn T ��> V \ V \\ \ r (Drn O Wit R D ` it, rn I Tr -i '. Ali - `� � ``\ �.\\ \ :�\ .moi ::. �� � � \ � � ■ ■ 0 CD Nub- o_ \IJIMM O —h a � �\ as x ,_A ���`— z mi - „� MiA- �- Ft0 r W < � cp v Q CD c. CDo � m 0 o'0 q CL) 0 c� a. CD CD U) CD 0 CD rn3 0 m �. 0 rm4w r=4 - CD m o o� ,-Im o X3 0 �m � ov I mmi G) 0 < 0 � --1 O CQ r-4- 0 73 CD 0 0 cr (n 0 0 :3 3 0 m �CD CD (0 o0 n ,�. 0 (n � �� m =3 0 DO o � �l CD f=mfw o -�3 0 CD (n o' v 0 i 900 � - m mw 0 - m �v o� 0 C 0 M�%m n 0 3 m m n 0 �J CD m CD Q 3 C)� CD O 3 (D co co C: mo mo O CD O Ih CD CD 73 mn CD CD M- �o Mol CD (f)CD :3n CD N = CD� cn 0 C: � ou CD cin O° ;U 3 m� 0 c DO 0 0 v:7 0 CD o -� 3 3 0 m 0 > =I < rm4w 0 �m U) (D Q0 0 CD ten. CD oCT 0 CD°� C CD oi 0 :3 �l c mm, CD 0 cn � 1� o W CD o :3 I< CD� � O � CD � O � U) U) n 0 O U) CD O (n :3 CD 73 CD Mol 0 Fn MMI :7 3 ol 0 n. CD CD =013 SOMMEMCD 0 El CD 3 crCD v 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 ....................... .............. ........ ,. 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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. 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