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2013-03-05,f i - ,` Tues ay, arc , 1 a 0 . II® II tten ante ®avid ~aremba Brad Hoaglun Charlie Rountree Keith Bird Mayor Tammy de Weerd . led a f Ile lance and cu Tr rnunit Invc ti®n race rus with the L hurc prve mutes ®f February , 1 i ®uncil reC®uncil satin C. rve mutes f February 013 ity until ul r eel n . ward f i and prval reernent able C®nstructin LLC r " ell flush Line ®Cnstrtin" fr the ®t®1° xcee rnunt .00 cceptance reernen fr Islay rwrk vi ay in Initial int allery rrn arch 1 ® arch , 2013 . utual Fee elver reernent a een the iy f eridi n nd the eri Ian J®int chI istrict . Common/ ther L is n 1 cres of Land in n - onin District I. Final rder f r royal: T C 1- araya y yver eveloen, LLC Locate ouch i e of .Franklin oad, e en lack a oad and .Ten ile oad eques: Two () lie r Time xtnsion to tain the City n ineer' i n ture n the final lat for araya udivision Resolution o. 1-1 utoriin the ity Jerk to entry Certain emi- ermanent and Te orary ecors the eridian olic eprtent. . Meridian City Council Meeting Agenda -Tuesday, March 05, 2013 Page 2 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. omunity Btem/ resent Lions u it a ort y evin it with ie silly airy ays v nt and arse iscussin It ms Quad From Consent ends ction Items . ontinue from eruary 1 013: 1 0 outhrid a y The Land roup Located oath of . verlan oad a een . Ten ile oad an .Linder Road eu st: u lic eating: odification to the evelopent ~4reemen r apartment eports Meridian City Council Meeting Agenda -Tuesday, March 05, 2013 Page 3 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Joint apart ant a ort: ettlers ar arin ccess to stick oad iscus ion ~ ,.~~~i ~ . 6~~~~r v t r iv r 10. ®rdinances rinance o. 1 -1 : 1 - i n Code Text men ment y iy o eridian o unity evelo m nt tannin ivision equest: Amend actions of the City's arrant tan r for ins v 11. uture eetin Topics ur . Meridian City Council Meeting Agenda -Tuesday, March 05, 2013 Page 4 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Meridian City Council March , 2013 A meeting of the Meridian City Council was called to order at 7:00 p.m., Tuesday, March 5, 2013, by Mayor De Weerd. Members Present: Mayor Tammy de Weerd, Brad Hoaglun, David Zaremba, Keith Bird and Charlie Rountree. Others Present: Bill Nary, Jaycee Holman, Bruce Chatterton, Clint Dolsby, Tracy Basterrechea, Mark Niemeyer, Mike Barton, Stacy Kilchenmann and Dean Willis. Item 1: oll-call Attendance: Roll call. X David Zaremba X Brad Hoaglun X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd De Weerd: Okay. We will go ahead and start tonight's meeting. Thank you all for joining us. For the record it's Tuesday, March 5th. It's 7:03. We will start with roll call attendance. Oh, we are not on. Sorry, Madam Clerk. I don't need to start over again, right? Okay. Roll call attendance, Madam Clerk. Item ledge of Allegiance and by Scout Troop 285 De Weerd: Item No. 2 is our Pledge of Allegiance and we are going to be led in the Pledge of Allegiance by William Fitzgerald and he is with Troop 285. If you will all rise and join us in the pledge to our flag. (Pledge of Allegiance recited.) De Weerd: And, William, if I could ask you to come up. I do have a City of Meridian pin for you. Item 3: Community Invocation by race arfuss with the L Church De Weerd: Item No. 3 is our community invocation. Tonight we will be led by Bruce Barfuss with the LDS church. If you will all join us in the community invocation or take this as an opportunity for a moment of reflection. And if you will come up to the microphone. Thank you for being here. Barfuss: Our Father in Heaven, we are indeed thankful this opportunity that we have to meet in this City Council meeting for the City of Meridian this evening. Grateful for Mayor de Weerd and Council Members Zaremba, Bird, Hoaglun and Rountree, for the service and the efforts that they put into the development and the administrative needs of this great city. We are grateful for them and their service. We are grateful for those Meridian City Council March 5, 2012 Page 2 of 39 who are in attendance this evening to present ideas and thoughts and plans as to projects that are being worked on in the community and planned for. We pray that thou wilt bless them with -- with the ability to communicate their plans and ideas effectively and efficiently and that a spirit of understanding and cooperation and peace may be present this evening in this meeting. We are, indeed, thankful for our leaders of our state and country and for the leaders of the world. We ask thee to bless them with inspiration and divine guidance in managing the affairs of government throughout this area and the world, that blessings of peace may increase in our community and throughout the world. We are grateful for the blessings of this area, for the great community that we have friend, the friendships, the families that live here, and for the support that we offer one another. We pray for thy divine guidance in all our of activities, discussions, and presentations this evening and this is our prayer in the name of Jesus Christ, amen. De Weerd: I'd like to offer you a City of Meridian pin as well for joining us this evening. Item Adoption of the Agenda De Weerd: Item No. 4 is adoption of the agenda. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: A couple items for tonight. Under the Consent Agenda, 5-H is -- we need that to read Findings of Fact, Conclusions of Law for approval and strike the final order for approval on preliminary plat 12-016. 5-J is Resolution No. 13-912. 5-K is Resolution No. 13-913. 5-L is Resolution No. 13-914. 5-M is Resolution No. 13-915. Under Action Items, Item B will be -- there is a request to continue until March 19th and we can handle that at the appropriate time. And under Item 10, Ordinances, 10-A is Ordinance No. 13-1546. So, with that, Madam Mayor, I move adoption of the agenda as amended. Rountree: Second. De Weerd: I have a motion and a second to adopt the agenda as amended. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item Consent Agenda pprove inutes February 19, 2013 City Council eulr Meeting Approve inutes ebruary 6, 2013 City Council reouncil Meeting Meridian City Council March 5, 2012 Page 3 of 39 C. Approve inutes of February 26, 2013 City Council Regular Meeting ward of Bid and Approval of Agreement to Dahle Construction LLC for "Well 2 Flush Line -Construction" for the Not-To-Exceed Amount of $49,254.00 ccetance Agreement for Display of Artwork of David .Day in Initial oint Gallery from March 1 to arch 29, 2013 F. utual Fee fiver Agreement Between the City of eridian and the Meridian Joint chool District No. 2 I. Final rder for Approval: TE 13-001 Baraya by Dyver eveloment, LLC Located South fide of .Franklin Road, Between lack Cat Road and N. Ten file Road Request: Two () Year Time xtension o Obtain the City ngineer's Signature on the Final lat for Baraya Subdivision Resolution o. 13-913: C 12-006 Larkspur est y atooth Land Surveying, LLC Located 105 E. Edmonds Court Meridian City Council March 5, 2012 Page 4 of 39 equest: Amendment to the Comprehensive Plan to Change the Future Land Use ap Designation on 4.51 Acres o Land from Low Density esidential to ®ffice (1.01 Acres) and Medium Density Residential (3.50 Acres) esolution No. 13-915: Authorizing the City Clerk to Destroy Certain Semi-Permanent and Temporary ecords of the eridin Police epartment. De Weerd: Item 5 is our Consent Agenda. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: As noted 5-H will read Findings of Fact, Conclusions of Law, for approval, striking final order for approval. 5-J is Resolution No. 13-912. 5-K is Resolution No. 13- 913. 5-L is Resolution No. 13-914 and 5-M is Resolution No. 13-915. With that I move approval of the Consent Agenda and the Mayor to sign and Clerk to attest. Rountree: Second. De Weerd: I have a motion and a second to approve the Consent Agenda. 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 6: Community Items/ resentations Audit Report by Kevin ith with ide ailly De Weerd: Item 6-A is our audit report and, Stacy, I will turn this over to you. Kilchenmann: Thank you, Madam Mayor. I'd like to introduce Kevin Smith. He is our audit partner for Eide Bailly and he's going to give our audit report. And everyone here Meridian City Council March 5, 2012 Page 5 of 39 is just in for a big treat that they came on audit report night. So, I will turn it over to Kevin. De Weerd: I think sometimes only our finance director thinks numbers are interesting. Even though we do, too. But -- hi, Kevin. Smith: Hello. That was a good introduction. Thank you for the opportunity to be here, Madam Mayor and Members of the Council. I'm privileged to report on your audit results for the fiscal year ended September 30th, 2012, and I believe you have the report in front of you. There is a few pages that we will -- that we will go through, but I will be brief. First of all, we issued an unqualified or a clean opinion on the financial statement. Management and all those who worked with us were very helpful and responsive to our requests, as they always are. We issued a -- also a separate letter, a governance letter which describes and talks about our procedures and some of our requirements and our required communications and specifically related to the federal funds that you received and the internal control letter and a letter of compliance that followed and, of course, the back of the financial statement. Also one note that I did kind of a highlight as far as the federal funds, I noted that in the -- the current year federal money that come through the city was about 1.4 million dollars and in the prior year that was about 700,000. So, that is, you know, a significant increase in the federal dollars and a lot of that is, you know, because of the -- of the IRRA funds that were available and, you know, it's good that that money is available and you can spend it, but it does cause a few more audit requirements, you know, to follow and a little bit more time to get through, you know, some of those -- those funds that had -- you know, specifically earmarked by the federal government. De Weerd: We are reminded about that often. Smith: Right. Yeah. There are more compliance requirements for everyone. But it's still, you know, money that's available and can be used on projects and so it's great that you take advantage of that money and, you know, hopefully, you will continue to, you know, apply for additional grants and assistance from the federal government. Just a couple of highlights and I want to spend, you know, the time tonight in the management discussion analysis, because it gives a good synopsis of what occurred during the year. One of the things, obviously, that occurred and that has increased your balance sheet significantly was the -- you know, the donation of the park and that was about 25 million. So, your balance sheet, you know, it showed it as an asset and also on your income statement as a revenue, as a contribution, you know, so it kind of boosted both -- you know, both the balance sheet and the income statement in a positive manner and, then, on page -- page five I noted just the -- kind of the change in the -- as you look at that, you know, it's kind of a summary of your governmental activities and business-type activity that's just a snapshot of your -- really, you know, what's the balance sheet, you know, the assets and liabilities and equity and you can see, you know, that park, the effect and the capital assets, you know, that increased from 86 -- from 62 million to about 86 million and most of that is that park and, then, again at the very bottom your total net asset is you go from 86 million to 114 million, again, is, you know, the Meridian City Council March 5, 2012 Page 6 of 39 contribution of that park. On page -- on page six, as you look down comparing specifically the governmental activities, you know, 2012 to 2011, you know, again, you know, that park obviously jumps out at 26 million dollars and, then, the expenses and the administration, of course, you know, some legal expenses that went through 2011 that kind of skewed that number and about three million dollar change. Page -- page nine (thought -- there is a highlight there that I wanted to point out and I'd like to compare, you know, over the past few years and what's occurred at the City of Meridian and in the note kind of on the -- in the margin on the left-hand it states in fiscal year 2011 the capital assets and depreciation totaled 53.8 million dollars. In 2012 that same line item totaled 186 million. You know, that just kind of demonstrates the growth over the last -- the last ten years. You know, very very positive. And, then, you look at the graph and you can see, you know, those capital additions in your proprietary funds. On page 11 you can see in the proprietary funds, you know, some of the decrease in the -- in total expenditures of one percent, you know, which I think is great, because that means that you're paying attention, you know, to -- to the operations of the city and so, you know, to see, you know, the growth still happening and, you know, it's noted in here about, you know, some constant growth and continued growth and it's picking up a little bit and we can see that, but your operating expenses, you know, have held -- have held true and held very consistent. On page 14 and 15 there is -- there is some graphs that I wanted to highlight and these are on 14 you're talking about the residential building permits and, then, on 15 with the commercial building permits and you note, you know, for fiscal year 2012 you will see that both of those have increased, which, you know, is a good sign and that's a sign of good growth and good -- you know, I think some good steady growth that's going to -- we are going to see in the future. Maybe not quite, you know, the way we thought a few years ago. But, you know, some good constant growth. So, that was -- that was good news. And, then, on page 16, finally, we get to the budget and, you know, again, you know, you set the budget and, obviously, you pay attention to that budget, because, you know, your end result is, you know, three percent under budget and your personnel expenses and, then, a four percent decrease or -- under budget in your operating expenditures. So, that -- you know, that shows, you know, fiscal responsibility and these are the, you know, costs that can be controlled. You know, in government a lot of the revenue you just kind of get what -- what's given to you and, you know, if people move in you have some building permits and other residential things from growth and your revenue base will go up, but the -- the cost side, the expense side is where you have some control and you can -- you can reduce those, increase them, and have more control than you do on the revenue side. So, I commend you for coming in, you know, less than budget, because that means you pay attention to that and i know that you do, because I -- you know, Stacy keeps me informed of that during the year. But with that I would open it up to any questions that you may have of me relating to the audit and procedures or to the financial statements themselves. De Weerd: Council, any questions? Bird: Madam Mayor? De Weerd: Mr. Bird. Meridian City Council March 5, 2012 Page 7 of 39 Bird: I have no questions, just another nice audit, Kevin. We appreciate the work you and your staff do down there and we appreciate what our finance department does, too. Stacy and her staff does a great job and I appreciate the audits we get and I'm proud of the results we get. Thank you. Smith: Thank you. And you should be -- should be proud, it is a -- it's, you know, a great picture that's painted in the financial statements of where you guys have come and it's been, you know, a long road, but it's been a good one, because, you know, the results show that and, you know, I concur with the -- you know, the comments you make about Stacy and all those that we work with, they are great and they take it very serious and, you know, I know they ask you guys questions and during the year guys ask them also and so, you know, they take it very serious and so we appreciate that, because that means controls are in place. De Weerd: Mr. Rountree. Rountree: I -- just a thank you and, again, I'm quite pleased with the results and Stacy and staff and the rest of the departments in the city that take -- take a look at operating costs and their budgets and hold fast to them and try to come in under. I think audits, again, is demonstration that we have done that and I don't know that we could ask far anything more, except maybe some more revenue. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I want to thank you for your work that you put into this as well. Meridian, of course, stays pretty stable because Stacy helps us stay very stable. She's a driving force behind reminding us where we need to be with budgets and when anything comes up that may be an audit issue we talk about that as well, but I appreciate her work and I appreciate your work and your validations that what she is doing is excellent. In relation to that I may put you on a little -- on the spot a little bit. I'm sure you do audits for other cities and Ijust -- how do we compare to other cities? Are we doing well or are cities doing as well or -- that may not be within your purview to give that opinion, but I'm just curious if you can. Smith: Yeah. I can -- I can give you a comparison without saying names, but you guys are -- in my opinion are at the top and your financial results show it. I just -- from the ones that we are involved with and, you know, that includes just some counties, cities, and school districts, I don't think there is a comparison. Zaremba: Very nice to hear. Thank you. Hoaglun: Madam Mayor? Meridian City Council March 5, 2012 Page 8 of 39 De Weerd: Mr. Hoaglun. Hoaglun: Not that they want to keep the contract, though, Councilman Zaremba. Nothing to do with -- no. Kevin, I just had a question. I know you -- our finance department looks at this and you guys stay on top of it, but are there anymore federal requirements coming down the pike, .whether from GATB or somebody else that we kind of should be looking out for that might get finalized or anything or are things fairly stable out there right now? Smith: It's pretty stable and, you know, we do watch that pretty close and there are -- I mean there is always new pronouncements coming out, but, you know, nothing's that really had -- that will have a direct effect on you, you know, in the next year. Hoaglun: Okay. Smith: I mean that's kind of, you know, what we look out, you know, for the next year and we would, obviously, you know, let Stacy know if there were. You know, the biggest change that we will see is actually audit standards and we have some new what they call clarity standards that supposedly clarify some of the things that we do, which that's not -- hasn't been the case and those started at 12/31, so we are actually auditing under those new standards now, but, you know, mostly from an audit standpoint than it is, you know, a pronouncement standpoint. Hoaglun: Okay. Thank you. De Weerd: Well, I think, Kevin, we have appreciated our relationship with you and your company. I know that Stacy and you talk throughout the year and you keep her apprised as to anything that is coming down the pike. I would love to have your crystal ball to know that there is no changes over the next year, but I hope you're right on that. We do have a solid finance team and certainly appreciate our CFO and she is an excellent gatekeeper that keeps us all on the straight and narrow whether it's through our grants or through our budget processes. So, we appreciate you coming here tonight and presenting the audit. I also appreciate you sharing about our park donation, because that was one of the questions I did have. So, thank you for doing that. Smith: You bet. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Could I say something? Kevin, I got to give you a lot of credit for the way we are -- the way our audits and stuff go, because in '98 when we hired you the first time we didn't have very good bookkeeping in the City of Meridian and we was getting hit pretty hard and fast and you come in and at least give us to outline of how to do it and you Meridian City Council March 5, 2012 Page 9 of 39 have been with us ever since '98. Smith: Yeah. Bird: And I certainly have appreciated everything you have done for the city -- Smith: Thank you. Bird: -- and the way it is and you have helped us do the right things. Thank you. Smith: Thank you. Yeah. The first year was a little difficult, wasn't it? Bird: That was before Stacy. De Weerd: Well, thank you again. Smith: Thank you. airy ays vent and rade ®iscussion De Weerd: Okay. Item 6-B is the Dairy Days event and parade discussion. I know the board is here. I'd invite you to come forward. Hans, we appreciate you being here. Bruijn: Madam Mayor, Gentlemen of the City Council, my name is Hans Bruijn and I am part of the dairy board and I have been organizing the Dairy Days parade longer than I care to remember. We -- just the other day I had a lady that worked for me at the Western Idaho Fair and she went through some paperwork and she was the Meridian High School Marching Band mom and she found a little note that said call Hans Bruijn for questions about the parade. That daughter, who was in high school, is now 36. This parade has gone downtown Meridian for the past 80 plus years, has kind of become a victim of its own success. We estimate there is about 15 to 20 thousand people come into town. One of the ways we know about it is the United Dairymen of Idaho hands out milk. I think last year they handed out close to 20,000 bottles of milk. So, that's a good way to see how many people are there. But regardless of the size, you know, safety is always our first concern and we have had a great working relationship with the Meridian Police Department and we sure appreciate that. We knew this year with the construction on Meridian Road that it will create a whole new set of problems and I was notified earlier -- or basically last fall by ACHD and they recommended very strongly to find an alternate route, so we spend -- you know, as the dairy board we spent a lot of time looking and driving and looking at maps and we just could not find a route that seemed viable and so we considered canceling the parade. Feedback was almost immediately. I got a lot of e-mails, Facebook, opposed to cancelling the parade. Got a lot of moms that said, you know, this is the only parade we take our kids to, it's, you know, in the evening, it's a nice temperature, it's not early in the morning and cold. Obviously, ACHD got a few calls, too, because I received a call from Bruce Wong, the director of ACHD, who contacted me to let me know that if the Mayor and City Council Meridian City Council March 5, 2012 Page 10 of 39 would agree on shutting down Main Street for about three hours on that Friday they would honor that decision. Our current dairy princess and her 4-H Club, they went and did a survey of all the businesses along the parade route. There was about ten of them that were closed, but the result even surprised us. There was 54 businesses that signed the questionnaire, 52 in favor of shutting down Main Street, one had no opinion, and one was opposed to it. Last week Marty Hill, one of the other board members, and I, we met with a representative of the Mayor and with the Meridian Police Department. They also suggest two alternate routes. We looked at those. The first one was just too short for any consideration. The second one is using the current staging area, which is Water Tower and Stratford, and, then, take Franklin, 3rd Street, Pine and, then, Locust Grove back to Water Tower. So, we -- you know, after the meeting we looked at that. We, you know, took a serious look at it. However, I do -- we do have some very serious concerns with that route. The parking for one, streets -- 3rd Street is a fairly narrow street, finding, you know, that amount of place for people to sit, parking. And, then, the other thing I'm kind of worried about is how many complaints police, I, you will get for shutting down Locust Grove, which is an important north-south route over the freeway. I think you may get more problems than -- shutting down Locust Grove than you would Main Street. The other thing is that that route will take the public away from downtown Meridian. Something, obviously, the businesses make very clear they do not want us to do and I'm sure with all the construction this year and all the potential customers avoiding Meridian altogether, this would be another setback for those businesses. The other thing it takes the parade -- the parade there would take it away from the dairy grounds and Storey Park. This year after the trouble we had last year with our carnival, we got a brand new carnival coming, it looks very good, we got a lot of activity planned for Storey Park and we really want to explore those businesses that come out and by taking it basically away from that area I think that will be negatively impacted. So, it's, basically, the dairy board's position that we really prefer to use the regular route or, otherwise, we will probably be better off canceling this year's parade. Do you have any questions, comments? De Weerd: Well, I guess I do, Hans. What do you see the alternative routes of the traffic coming off the highway that want to go north? How do you see them going? And certainly -- and meeting with our police department and I don't know if our fire department was there and certainly I would ask the chief -- we have no way of moving our emergency personnel north-south without going to Locust Grove or to Linder and if it's central to our community where -- where do we move our emergency personnel? And I think that's the basis of it. I understand tradition and the importance of this parade. We get hundreds, if -- thousands of people that come to your Dairy Day parade. It's kind of a staple in our community for sure. But our first priority is emergency response and I think that's what the concern of ACRD was when they shared their opinion and it certainly has to be our number one priority as well. So, had you talked about how we would move emergency personnel and how we would move the people coming off the freeway through our community? Bruijn: Well, ACRD has done a great job in the past by signing and letting the public know to basically avoid that area if you're coming home, you know, to and from work. I Meridian City Council March 5, 2012 Page 11 of 39 know in the past -- and, of course, I can't speak for -- you know, for the Meridian police and the fire department, they have had emergencies as they were, you know, in the parade, they did a good job getting around to -- around it, but I cannot speak for the police and fire department. De Weerd: So, that was a part of the discussion that you had last week? Bruijn: Fire wasn't there, no. Huh-uh. So -- and I'm sure -- I know John's here, he -- De Weerd: Okay. We will save that for them. Council, do you have any questions for Hans? Bird: Madam Mayor, I don't have a question, but -- De Weerd: If you will, please, speak in -- Bird: I don't have any questions, but I have to divulge that I am a member of the Meridian Dairy Show board. De Weerd: We will not hold that against you. Bird: I know. Bruijn: We might. De Weerd: No questions from Council? Rountree: Madam Mayor? De Weerd: Yes. Rountree: Just to clarify what it is you're asking and that's a blessing from the city to maintain the route on Main Street? Bruijn: Correct. Rountree: From what point to what point? Bruijn: It's basically like last year, they come in from Franklin to Water Tower, Stratford, Franklin, to Fairview, back on 2 1/2 Street and, then, the little zigzag to 3rd Street, back onto Franklin. The other thing we have to remember is that we do need a complete circle around. We need to be able to -- we can't just start at one end of town and finish at the other end of town, because several of the entries -- especially with a lot of kids, they need to have a way back to the staging area. De Weerd: You know, Hans, as I looked at it several weeks ago we looked at Meridian City Council March 5, 2012 Page 12 of 39 maintaining the staging area in the park and the speedway and using the -- kind of the neighborhood area between Main and 3rd clear up to the railroad tracks as a great staging area, but -- because I know you need quite a bit of staging area. Bruijn: We need at least a mile. De Weerd: Now as far as the route itself to go from the park down to Baltic -- so, down Franklin To Baltic and from Baltic to Water Tower, back to the speedway, which gives about a mile and a half of parade route and that's just a guestimate. I didn't go and do a map on it, but that's a mile and a half where Main has been the only route, although we use 3rd Street to return, so you're adding a half a mile that people can participate and watch the parade. It has business access to it with good parking, with people getting there early enough. It has sidewalks that people can watch the parade on. It doesn't have shade, but did you consider that route? Bruijn: No, we did not. We didn't think it was long enough. If we do include -- because we have to remember, you know, the parade is an hour and a half long, so we have to have a certain mileage to make sure that, you know, the beginning of the parade doesn't interfere with the middle or end of the parade. De Weerd: And I would imagine if you stage it right the ones coming out as new -- are the ones -- the ones are returning, you wouldn't have that conflict and, you know, I know the length was a concern, but there is at least a third of a mile or three-fourths of a mile to Baltic, then, you have, I don't know, less than a quarter of a mile to Baltic to get to the police department and, then, back to the speedway, there is another three-quarters of a mile, so -- and that would all be available parade route and, again, it's just an opinion, but -- Bruijn: Right. De Weerd: -- I don't want to see you cancel it, but I do know there is a concern to that core area and how we can get traffic and safety personnel through it, maintaining the safety of our community. Bruijn: Correct. Yeah. But we -- and we -- we also want to support the businesses downtown. So, that is one -- strong suggestion as why we want to keep it on Main Street, because they made it very clear to us they did not want to see us move the parade out of Main Street and I think with all the trouble they have gone through I don't think two and a half, three hours to shut it down is too much to ask and I -- like I said, I cannot talk for fire or police -- for the police department, but that would be their -- their opinion, so -- Rountree: Madam Mayor. Hans, if I understood you correctly, then, there has been no consideration given to reducing the number of entries? So, is it no holds barred that a mile not be -- might not be -- Meridian City Council March 5, 2012 Page 13 of 39 Bruijn: No. We already have a limit and if we -- we have maybe the option to go to maybe 75, but it will still make it an hour or better -- an hour to an hour and 15 minutes and at this point we are at a hundred entries, which is an hour and a half, which is the time length that KTVB give us. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: Question, Hans. You had mentioned parking on one of the alternate routes the police department had mentioned. For either route there is no designated parking for the parade, people pretty much park where ever they -- Bruijn: Correct. Yeah. Hoaglun: Okay. So, it's just parking for the staging area, of course, where people come to drop off staging -- Bruijn: Right. Hoaglun: -- everyone else who is watching the parade, they just -- Bruijn: They are on their own, so -- Hoaglun: Okay. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: On that -- on that same subject you mentioned that the one alternate route that you did consider -- one of the things that you didn't like about it was that there wasn't spectator parking and stuff. I realize this is a unique situation this year, but I'm sure you have looked at what's possible -- what's going on on Meridian Road. There is only one way across Meridian Road at the moment, which is Pine. So, all of the people who would traditionally come and line up on Main Street to watch the parade that come from the west, are not going to be able to come -- park on Meridian Road or park back in those neighbors and cross Meridian Road -- there are big ditches across Meridian Road. So, the only way across Meridian Road is Pine Street. Everybody that comes to the parade would have to come across Pine Street and, then, the route spread out along Main Street. So, I don't see that as a better solution. To me it's very important to have the parade. I don't want to see it canceled. This is an extraordinary situation and I really would like to see more consideration given to alternate routes. I'm not convinced that business as usual is going to work under this circumstance. So, I understand the need of having a lot of staging area. I understand the need of having a parade route that makes a loop. I might suggest if you would reconsider using the staging areas that Meridian City Council March 5, 2012 Page 14 of 39 you traditionally have and I think you described coming up Pine -- I mean coming up 3rd, going east on Pine and, then, south on Locust Grove to Water Tower, if you need a longer parade you could actually go down to the street that the -- the school district is on, which I think is Central and, then, come back up Stratford, that would add another maybe quarter of a mile to the thing. But Ijust -- it's -- I realize that a parade is a thing that has momentum and even though it's been going for many years, if you cancel it for one year, it's awful tough to get it started again. Somebody mentioned to me the word that parades are fragile, which they are, and even all the organization isn't -- I'm not very much in just plain favor of any of them, but I really would like to encourage some consideration of an alternate route. I just -- to me this is the wrong year to close Main and have all the people trying to find their way to get onto Main, if they were to come watch it. We do, by the way, have representatives of ACHD here who would be glad to discuss the impact on alternate routes and we still have not heard from police and fire, but Ijust -- I don't want to see it canceled, but I would strongly urge you to look again at the alternates. None of them are going to be perfect. Using Main Street isn't perfect, even when Meridian Road is available. But with Meridian Road closed and our responsibility for public safety, that's a difficult one for me, so -- Bruijn: And one of the reasons why -- before we met with the -- last week we didn't consider Locust Grove because we didn't think we'd ever get permission to shut it. De Weerd: Yeah. Zaremba: I personally don't have any problem with that. Of course ACRD is the final word on the permit, but I wouldn't have any problem recommending trying it. And then -- and I'm not saying forever. The next year it comes back. Bruijn: Oh. Oh. Right. Right. I know next year we will be back. De Weerd: And I think closing Locust Grove is just like closing Main Street without Meridian Road, is you are taking out a major arterial and a major north-south that our emergency personnel, again, would be very disadvantaged with that closed. Zaremba: Except that Main would still be open. De Weerd: Yeah. But -- Zaremba: If you go up 3rd and across Pine, then, Main Street's available. De Weerd: The railroad just provides a huge obstacle with -- and limits our north-south opportunities. So, then, you have Main Street open, but from Main to Eagle nothing, which, again, poses another problem and I am not the public safety expert, so I am going to ask for our two public guys to -- Basterrechea: I think one of the huge issues we would have if we closed Locust Grove at anywhere is you're going to create a huge traffic issue with the cars coming off of Meridian City Council March 5, 2012 Page 15 of 39 Eagle Road and now we are having to redirect them north or if they belong in the neighborhood there on Woodbridge we have just blocked them from entering their own house and now we are redirecting all this traffic that we are going to have to stop or at least sign and contact at one of the busiest intersections in the state at Franklin and Eagle Road. Niemeyer: And I think, Madam Mayor, Members of the Council, I would actually agree with my colleague from the police department. As far as Locust Grove we have actually been using Locust Grove -- Basterrechea: Write that down, please. De Weerd: It's noted. Niemeyer: Yeah. With some of our Station One responses we have been using Locust Grove a lot heavier due to congestion that we would find here at the interchange of Franklin, Meridian and Main. As far as the parade route itself down Main Street, about three years ago we changed our deployment while during the parade. We pre-staged Engine 32 at Meridian Middle School, so they cover the east side -- or the west side. Sorry. We have Engine 31 at Fire Station One, so they cover the west side. We also developed. And we also developed an agreement with Ada County Paramedics. We put at least four ATVs and a Gater with Medics and EMTs on them to cover the parade route. In this situation with Meridian Road essentially shut down and no access to it, we may increase that to six ATVs to the parade route, regardless of where it goes. So, we have staff on the parade route in case something does happen. It's proven very beneficial. Really, our struggle is on the west side of Meridian Road. We have deployed -- pre-deployed some hose lines already as part of our construction planning, so if we do have to deploy hoses we have got some there already hooked to hydrants. So, I think we can make anything work, whatever you guys come up with, but Locust Grove I have a little bit of fear using that as a parade route, because that is a main northwest thoroughfare for Station One. Basterrechea: And we will discuss -- we could stage some officers as well south of the freeway. But, again, it goes back to Meridian Road as our concern with people coming from the west and you all -- we all know not everybody is going to go down Pine or park on Pine to cross and I am very concerned about pedestrian -- pedestrian traffic then trying to cross through that construction there and any injuries that could occur at that point. De Weerd: Well, I would ask in a moment for ACHD to make comment, but I do -- I did hear a report that in 30 days they should know a little better as to where we might be at the time of the parade and construction. We have the cross-over that will be going from Main Street to Meridian Road and what construction phase that will be in. So, I will ask ACRD to make comment on that. Mr. Bird. Bird: Trace, how many -- how many motorcycle officers and bicycle police officers do Meridian City Council March 5, 2012 Page 16 of 39 we have down here during the parade? Basterrechea: I will have to defer to Sergeant Gonzales. He kind of runs that traffic -- Bird: I know you got enough to get after me when I throw candy. De Weerd: Yeah. There is no throwing candy, Mr. Bird. Bird: You're just as guilty. De Weerd: Sergeant. Gonzales: Good evening, Mayor and Council. We typically have between six to eight motor officers that we invite from other agencies to come assist us with the parade. Along with that we use our bicycle team. In the past we have used two -- I think last year we were able to use four and we were hoping this year to be able to use six. But we do use about -- altogether probably close to 30 officers to man traffic and to be able to manage -- this is just traffic control, because the reality is we are leaving the crowd control to our motor officers and our bike officers to be able to handle that and this is the discussion we are having now, because we need to start putting more officers on the parade route, because of some of the safety concerns that we were starting to see. And so this is all coming at a time where these are things that are under discussion currently. Bird: One follow up, please. De Weerd: Uh-huh. Bird: When -- when you say the -- the parade starts at 7:00. Gonzales: Uh-huh. Bird: When do you shut -- actually shut down Franklin Road and Main Street coming down and is -- there is always a way to turn west on Main -- turn west all the time? And would you say that 75 to 80 percent of the spectators are already in place by 7:00 o'clock while those streets are open and everything? Gonzales: Yes. We start shutting down the main area leading into downtown about an hour before the parade starts. We start shutting down Franklin, as an example about a half hour before the parade and, then, at 15 minutes until everything is completely locked down where no cars are allowed in. The way people can come in if they are late to the parade is they have to come through say 3rd or the back way and, then, kind of park at a distance and, then, walk towards the parade route. Bird: Follow up, Madam Mayor. But we never shut down Franklin to the west of Main; right? You can always go to Linder to go north and south. Meridian City Council March 5, 2012 Page 17 of 39 Gonzales: Yes. Yes. Bird: Am I not right? Gonzales: Yes. Correct. Bird: Okay. And we shut down Main Street an hour before the parade? Gonzales: Yes, sir. Bird: Is there any way we could back that off to a half hour before the parade and be safe? You're the expert. I'm not. Gonzales: Our concern is, really, is that's when people start staking out their spots for the parade and we are starting to see more foot traffic and so at that time is when we start increasing the amount of officers in the area, our volunteers that man the parade route are starting to take their areas to start help do a traffic control, make sure it's safe down in the parade route. Bird: And I -- I believe in the past. Most of our west -- coming from the west, the parking has been more from Meridian Road west down on the streets there and, then, they walk after the first 15 minutes parking is taken up and I do have a concern with -- I don't remember whether it was Councilman Rountree or Zaremba that -- getting pedestrians across the construction area part of the road. So, I hope things can be worked out. I hope we can stay the same route, as long as we can be safe. As long as our emergency personnel can respond and -- because I firmly believe that if we lose our parade it won't come back. Gonzales: Well, we all know that the parade is a staple for Meridian, like the Mayor talked about earlier. One of the things as we saw the construction and knowing that it would affect the parade, I met with -- like spoke on the phone with the project manager and talked about this issue. The project manager for the construction on the -- on Meridian Road and Jeff tells me that due to weather and not knowing, since we really are in the winter phase, he could have some bad weather days and it could set him behind, so he really wanted to wait a month before he could tell us exactly where that construction would be at the time of the parade and what he would be able to provide for us as far as -- as far as how we would be able to use Main Street. So, to a certain degree until we hear more firmly of how the road is going to be, it's difficult for us to really give an endorsement of what we should do, aside from start to look for alternative routes. When we start looking at the construction, how we know it will be in general terms, we still have the same issues that we see currently on Meridian Road, on the north side of -- at Main Street and Fairview, the road is going to be what effectively call the north curb that's going to be torn up and we potentially could have a temporary road there to assist the parade to go through there. The challenge is also going to be -- but we don't know that, because of weather and other issues. The other challenge is going Meridian City Council March 5, 2012 Page 18 of 39 to be on the south end on King and Ada where the cross-over occurs. That's going to be in heavy construction at the time and spectators cannot be in that area. So, that whole west side of the road is completely closed off to spectators. My challenge is going to be how we are going to keep people out of there and how we are going to address those issues and what type of manpower it would take to be able to keep people safe in those areas. De Weerd: Well, you think Main and Fairview or Cherry Lane and Meridian are ugly now, just wait. I'm just giving them Director Wong's phone number. Gonzales: If I may add something else as I have been hearing the discussion. We know that Locust Grove is not the best option and there is probably this whole discussion. All of you have touched on different things that we have talked about and Locust Grove is not the best option out there. But when we look at alternatives, we -- I guess we have to pick our poison and if we are going to do this what we need to do to make it happen. So, that's been my perspective. De Weerd: Pick your poison. Basterrechea: Sorry, Madam Mayor. One of the other things that we will need to discuss with the dairy board is depending on the option that we look at, we may require them to hire a private traffic company as well to assist us with those traffic control issues and things like that. There are companies that specialize in that, that work traffic control, directing traffic and things like that, and we may have to multiply our manpower by utilizing them. De Weerd: Okay. Could we perhaps get some comments from Ada County Highway District. Did you draw the short straw, Adam? Zaragoza: It seems to be a lot recently. But for the record, Madam Mayor, Members of the Council, Adam Zaragoza, ACHD project manager. I'd just like to echo what Sergeant Gonzales said about how the construction is going. I do work weekly with Jeff and what he said. But in regards to the Main and Fairview being, under construction, there is a very high probability that come June that will be under construction and, again, with across-over area come June. As the plan is right now, pending weather and other issues we are having, that is also in the works to be under construction at the same time. So, as far as your question earlier, I hope that answers as far as sequencing. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Adam, what -- what would be the cost to make some safe pedestrian cross-overs over the construction, if any, at that point in June over Meridian Road from the west? Meridian City Council March 5, 2012 Page 19 of 39 Zaragoza: Madam Mayor, Councilman Bird, Idon't -- I can't give you a good answer on that at this point. We haven't even considered putting in a paving area to get to that. Bird: I don't mean -- maybe a little wooden bridge or something that they could walk over or something. Is that possible? Zaragoza: Anything's possible, I just can't give you a number. Bird: I understand. Call Central Paving. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: Adam, by chance do you know what the traffic count is on -- on Main Street right now with the construction going on or maybe you have numbers from pre- construction. I was just kind of curious. We talk about diverting traffic, losing traffic, and I'm really not sure how many cars we are talking about, besides a lot, so -- Zaragoza: Sure. Our pre-construction numbers we have for Main Street was about 17 to 20 thousand in there and just to give you a perspective, on Fairview it's 30,000 and we figured about 60 percent or two-thirds of those have been displaced. So, we are in the ballpark of 10,000 now using Fairview, so you take those other 20,000, put them on a parallel route to Franklin and Pine. That's a lot of traffic to be coming east-west through there on those -- on particularly Pine on a two lane roadway. De Weerd: I know. I waited ten red lights to get to Main Street. Hoaglun: And follow up on -- Adam, by chance any numbers on Locust Grove? Zaragoza: You know, I don't have those on me, but I could certainly follow up with the Council on what the exact numbers are for Maple Grove -- or excuse me -- Hoaglun: Locust Grove. Zaragoza: Yeah. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Adam, it was mentioned that -- and you mentioned again that Main and Fairview could very well be still under heavy construction activity. That's one end. On the other end could very well be the King and Ada area where there is going to be a split under heavy construction and maybe even heavier construction. I got to tell you, if I was planning a parade I don't know that I would want to plan a parade knowing that I Meridian City Council March 5, 2012 Page 20 of 39 could be driving floats into rather major holes on either end of my parade route and we have no -- we have no way of controlling that and you have no way of controlling that. It's at the contractor's discretion and scheduling. I'm struggling with a solution. I'd like to see it stay there, but we could all raise our hands and say, yeah, put it there and they could plan a parade and the week of the parade you might not be able to get vehicles down the corridor. So, I think the alternative route is something that we all need to put our heads to and see if there isn't a solution that at least if it's a go ahead and it's a go, we got a route to run the parade over with some degree of knowing that the route is going to be open. Because we all know what happens with construction projects. Zaragoza: Yes, we do. Rountree: Whatever you did not think of. De Weerd: Any other questions for Adam? Zaremba: I guess I would ask if -- Madam Mayor. If you have any concerns about the alternates that have been proposed from ACHD's standpoint. Zaragoza: Madam Mayor, Councilman Zaremba, as far as the alternate goes, you know, we will suppork whatever the Council and the Dairy Days Board decision is on the alternate routes. Certainly I have shared the safety concerns with Main and Fairvew being under construction, as well as the cross-over being under construction in June, but, really, we will support any alternate route that -- for the decision to be made. Zaremba: Thank you. De Weerd: Oh, it's Atkins. Okay. So, I was wrong. It's Atkins Way, not Baltic. So, if you went down Franklin, you have more than three-quarters of a mile, you go down Atkins Way towards the police department and, then, go back west on Water Tower, you know -- and from a police standpoint -- because we -- we have a lot of personnel out on 3rd Street and Main Street, both on the south and west, you have less conflicts with traffic on that, it just -- I'm not a traffic engineer or an expert in any fashion, but that just seems to be a good alternative and I'm not a big fan -- I'm not a supporter of closing Locust Grove at all, so -- thank you, Adam. If we can work with you and the dairy board, as long as the dairy board will consider an alternate, we would love to continue this conversation. I agree if we cancel -- it's ultimately up to the Dairy Show board, but if -- it is hard to get a parade reestablished after canceling it for a year. So, we appreciate you coming and letting us know the status. Zaragoza: Thank you. Bird: Thank you, Adam. Zaremba: Madam Mayor? Meridian City Council March 5, 2012 Page 21 of 39 De Weerd: Mr. Zaremba. Zaremba: I guess my question for the dairy board would be when do we need to make our final recommendation or our final input both to them and to ACHD? Do we need to give it tonight? I know there is a long lead time in putting a parade together you have to get everything organized. But it sounds like we might know more information a month from now. Can you wait a month to -- Bruijn: I think we can. I have got this -- thank goodness for e-mail and computers, but I have got this parade pretty well under control and it wouldn't take me very long to set it up. So, we could wait 30 days. The only problem I just kind of -- you know, it's all part of Dairy Days, our promotions and everything. Zaremba: So, I guess my question is could we maybe give another three weeks, let's say, to have you consider other alternates or come up with more on your own and for us to learn more about what the state of construction would be and have this discussion proceed again three weeks from now, as opposed to dropping the gavel today? De Weerd: Will ACRD know something in three weeks? We really waited until you sat down, Adam. Zaragoza: For the record again Adam Zaragoza, ACHD project manager. You know, every day goes by we are closer to the finish, so will we know more in three weeks? Absolutely. Will it change? I can't tell you either way at this point. But, again, as the schedule lays out this area will be under construction as of this day in June, so -- Bird: Adam -- Madam Mayor? De Weerd: Mr. Bird. Bird: Adam, how are we -- how is the schedule compared to the flow chart right now? Are they ahead? Behind? Zaragoza: As of today we are -- I can give you the standard answer that I give everybody. We are right where we want to be. But, to be honest with you, we are right on schedule. Bird: That's what I heard. Zaragoza: Yeah. That October 3rd date that was originally there, we did lose a couple weeks through the zero temperatures that we had in January, but we have been able to make that week and a half up, so we are back to the October 3rd finish day. Bird: I heard we were down and up. Okay. Thank you. Bruijn: And, like I said, I don't want to rush this either. If we can -- you know, I'd just Meridian City Council March 5, 2012 Page 22 of 39 hate to cancel this parade, because it's going to be really hard to get it established again and I know that even changing the route is going to be a major headache, because you're still going to have 30 to 40 percent of the attendants sitting on Main Street waiting for the parade. We have had that experience before when we moved it from going from Stratford, Franklin, and, then, onto Main Street, we still had a lot of people sitting by Zamzow's and in front of Les Schwab and no matter how much publicity you do you're still going to have several thousand people that are going to be sitting on Main Street waiting for the parade. But, yes, I can wait three weeks if need be. If that answers your question. Zaremba: It does. I'm just questioning everybody. Is it worth waiting three weeks to think more about it? Hoaglun: Well, Madam Mayor, I do want to see the parade continue. There are some serious issues about Main Street, a lot of them are because of Meridian Road construction, the curbs. I mean there is a lot of issues. First responders and the amount of traffic -- you know, an inconvenience in traffic, that's fine, their fun, it's something we do, people don't mind it, but an inconvenience versus a shutdown of all of downtown because there is no longer Meridian Road is -- is a different story, but for one year I think people understand if we have to move it. I think they'd still like to see it and I'd like to see it. So, I wouldn't mind having another look at alternatives and some suggestions and maybe we can -- maybe we can do something here, but let's keep at it. Bruijn: Any question other questions? De Weerd: Any other questions from Council? Bird: I don't at this time. ettlers Park Horseshoe Courts Naming iscussion De Weerd: We appreciate you coming tonight. Is there any other comment? Thank you, Hans. Thank you, Marty. Sorry there is no easy answers on this one. Okay. Item 6-E Settlers Park. Mike. Barton: Good evening, Madam Mayor, Members of the Council. At our last parks and recreation committee meeting -- commission meeting we heard a proposal from the Treasure Valley Horseshoe Club to name the horseshoe courts at Settlers Park the Don Titcomb Memorial Horseshoe Court and the commission voted in favor of this proposal and the department supports the proposal. We have Jerry Smith with the horseshoe pitching club here this evening to go over -- go into a little bit of detail about why they feel this is important to their -- to the courts and to memorialize Don Titcomb. So, with that I'm going to invite Jerry Smith up and he can go over the details. De Weerd: Thank you. I think we have all met Don and known -- know of the role that he played in designing an outstanding facility that we have in Settlers Park. So, thank Meridian City Council March 5, 2012 Page 23 of 39 you, Jerry, for joining us. Smith: Thank you very much, Madam Mayor and Council Members. I appreciate the time. I guess for the political world it's probably not the most important issue we have, but it is to us. You should have in -- before you my proposal and I have some other handouts. So, if you have had a chance to look at them, it's just a little history of Don. I think probably two questions that might come to your mind -- it would be why Don Titcomb and why Meridian and I might be able to shed a little light on that. One of the handouts is the cover of the national magazine, which is the NAPA. They run the -- well, horse pitching, not only north America, it's the world, and they chose to put remembering a legend on there as an indication. I had the pleasure of writing Don's biography and it was entitled the Legendary Don Titcomb. These are just some examples of -- of why it's Don Titcomb. The other -- the first handout -- the bigger handout was an article in the Idaho Statesman written after he died on December 2nd and they interviewed the family and me and went through the books and so forth. It, again, expresses it very well, Don's commitment to horseshoes and since he moved here in late '04 Don's commitment to the horseshoe pitching in this area, particularly at Settlers Park. Don got here and he was past 80 then. He still lived and breathed horseshoes every day of his life and when he got here he got permission to expand some -- portable course at Storey Park and started teaching kids and when we started our league he was instrumental in getting us organized here in the Treasure Valley and started camping out here in the city offices looking for new horseshoe courts and so forth, only to find Settlers Park was planned and I think Don -- with Don's pushing, the -- the courts were brought up to sanctionable national standards and I think the number were increased to 16. It takes 16 to do a tournament and state tournaments, which is now -- Settlers Park is home to the state tournament every three years. It was in '09 and '12 and everybody involved loved the place. So, I think that's kind of where we are at with Don and Meridian, for that matter. I mean he -- like I said, he just -- he promoted horseshoe pitching at Settlers Park. If you have walked by there and even looked at the course and he was talking to you and handing you shoes and want lessons, whatever, and I would say that he pushed the usage of Settlers Park ten fold, which I think with your great attitude about Settlers Park being an all-star kind of sports complex, the horseshoe courts over there are world class. I mean that. They are not as big as some places, but there aren't any nicer ones anywhere and the people who pitch there appreciate that and we are going to miss Don and (think I am -- it's just something that his family and the clubs feel real important and I think he's earned it and I would be glad to answer questions or -- also I'd mention that we are a small club, we don't have a lot of money, but we are willing to raise some money, do whatever we can. We originally talked maybe about a sign on the fence and Mike suggested and I think he's right, we could go a little farther and maybe get something more permanent. Don was a real deal nationally. So, is there anything I could answer? I'd be glad to. De Weerd: Thank you, Jerry. Smith: Okay. Meridian City Council March 5, 2012 Page 24 of 39 De Weerd: Council, any questions? Bird: Madam Mayor? Hoaglun: Madam Mayor, this is for Jerry, but Mike might be the one that has to answer this. You know, I was thinking a sign is certainly appropriate. Someone who wins three world titles -- well, I guess that's okay. You know, he didn't win four, just three, but -- no. That's amazing to do that and to have someone of his caliber associated with our horseshoe pits I think will be impressive to everyone coming to -- to Meridian who knows anything about horseshoes. But I was wondering, besides a sign, is there going to be any informational plaque for people who start pitching shoes to understand who this person was. Mike, was there anything -- any discussions of that, of having something somewhere to kind of give a little more information or just a sign on -- on the court? Barton: Madam Mayor, Councilman Hoaglun, that -- that didn't really come up. I mean it was -- it was first discussed as an aluminum sign hanging on the chain link fence and said, hey, you know, maybe a rock monument or a bronze plaque or something like that and there could be a plaque that had a short narrative or something to that effect put in it. We have offered our support. We offered 300 dollars of our -- of our budget as a contribution, so whatever permanent plaque or rock -- and we think it should be substantial and timeless if we are going to do this, then, it would be up to the horseshoe club to come up with the remainder of the funds. Hoaglun: Okay. That's good. Thank you, Mike. Barton: Keeping in mind the great audit we heard tonight. Hoaglun: Yeah. Barton: But we will do what we can. Appreciate it. De Weerd: Mr. Bird. Bird: I think if we are going to honor the gentleman we need a nice plaque with his accomplishments and I would ask that Mike get a cost on what a nice bronze plaque that we can either put on its own stand -- I hate to see something hanging against the fence. And get back to the liaison with the -- the amount of money and maybe we can get together and raise some money for it. Personally, not the city. Personally. De Weerd: Any other questions for Jerry while we have him up there? Zaremba: Just a comment. I did have the opportunity to meet him once and that was exciting and I know how much energy -- Smith: He was excited about horseshoes, wasn't he. Meridian City Council March 5, 2012 Page 25 of 39 Zaremba: Yeah. I know how much he helped us with this, as well as you yourself, but I think this is a wonderful idea and a fitting thing and I agree, I think a substantial monument with a bronze plaque would be a good idea of we can work that out, so -- I'm in favor of the idea if that's what we are asking. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Just aquestion -- are we asked to take action on this or just give it a head nod that we are in agreement? De Weerd: I think it would be appropriate to take action on the naming of this facility and ask staff to come back with some information on an appropriate -- on appropriate signage. Bird: Yeah. De Weerd: And I would agree with Councilman Hoaglun and if we are going to name it, we need to explain a little bit more about the name that's behind it and certainly it's -- it's certainly worth noting his lifetime accomplishments in horseshoeing. So, with that said I would entertain a motion from Council. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I move that we name the horseshoe pitching courts at Settlers Park to be the Don Titcomb Memorial Horseshoe Courts. Bird: Second. De Weerd: Okay. I have a motion and a second. Any discussion? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Would the maker of the motion also include to have staff work with the horseshoe pitching club and come up with a proposal and a cost for a plaque that does the naming? Zaremba: Yes, I would be happy to make that part of the motion. Bird: Second agrees. Meridian City Council March 5, 2012 Page 26 of 39 De Weerd: Okay. Any further discussion? Madam Clerk, will you call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. MOTION CARRIED: ALL AYES. Smith: Thank you very much. C. Settlers Park Horseshoe Courts ming Discussion De Weerd: Thank you, Jerry. Okay. There were no items moved from the Consent Agenda. Item Action Items Continued from February 1, 2013: A 1 -009 Southridge by The Land Group Located outh of . ®verland Road Between . Ten ile Road and S. Linder Road oquost: ulic Hearing: odification to the evelopment Agreement Approved De Weerd: So, we will move to Item 8 under Action Items and start with 8-A, which is continued from February 19th on MDA 12-009. I will turn this over to staff. Watters: Thank you, Madam Mayor, Members of the Council. The application before you tonight is a development agreement modification for the Southridge Subdivision. This item was before the Council on February 19th. At that time the Council directed staff to work with the applicant on incorporating provisions from the existing development agreement that have already been completed into the proposed amended agreement. Staff met with the applicant's representative Jason Densmer and agreed upon certain items being added back into the amended development agreement for documentation purposes. Other items that staff did not deem necessary to be included are listed in the memo to City Council from staff dated February 27th. A copy of the amended agreement is included with the memo showing the provisions that were added in underlined format. The applicant is proposing modified language to provision number 6.3.8 in regard to the height restrictions for the homes along the southern border shared by Val Vista and Aspen Cove Subdivisions that leaves in the original language, but allows the option to exceed 22 feet in height as long as the height of the homes is lower than the top of the fence at the midpoint of the rear of the lot. No written testimony has been received since the last hearing on the 19th and staff is recommending approval of the proposed changes to the amended agreement as contained in the memo to Council, dated February 27th. Staff will stand for any questions. De Weerd: Council, any questions for staff at this point? Meridian City Council March 5, 2012 Page 27 of 39 Bird: I have none, Mayor. Rountree: None right now. De Weerd: This is a public hearing. I do have a couple of people that have returned and we appreciate you being here tonight. Susan Przybos signed up against and I will just state your -- your comment. If you'd like to provide additional comment I would ask you to come forward. You can't talk from back there. I'm sorry. We can't get you on public record from the back of the room. If you will just state your name and address. Przybos: Susan Przybos. 2530 South Del Rey Lane. De Weerd: Thank you. Przzbos: When staff just read that she didn't say that it's from the most restrictive part of the land, which is what it said in the piece that we got. Not the center of the backyard or whatever, it is the most restrictive measurement of the land, which is how it reads in ours. Because when we clarify that that isn't what was there. De Weerd: Okay. Thank you. Rountree: Madam Mayor, I have a question. De Weerd: Ma'am? Susan? We have a question for you. Mr. Rountree. Rountree: With the clarification are you in agreement with that? Przybos: We want the 22 foot that we originally came and fought until midnight for and, then, they did say that we would allow them to be taller than that, depending on the grade of the land, so long as the roof top is not over the top of the fence. Rountree: Okay. Thank you. Przybos: So, if they dig a really deep hole, they can have taller houses. Rountree: Haven't they already done that? De Weerd: You don't have to answer that. Przybos: But they have filled it back up, so -- thank you. De Weerd: Steven Przybos signed up against. S.Przybos: Steve Przybos. 2530 South Del Rey Lane. I'm in agreement with this -- this proposal as long as they stick with it. I have only one question to ask Jason at this Meridian City Council March 5, 2012 Page 28 of 39 time. De Weerd: You can ask him and -- Rountree: We will get the answer. De Weerd: -- we will get the answer when he comes up here. S.Przybos: Okay. I would like to know the fence -- it drops as the elevation goes down, so it drops several -- at one point it drops several feet down and are they going to go by each elevation of the fence or are they going to take this fence here and go across the high part of the fence. That's what I'd like to know. De Weerd: Thank you. Hoaglun: Steven, I have a question for you real quick. So, you're in agreement with your wife; is that right? You and your wife agree? Just want to make sure. De Weerd: That's a dangerous question. I don't know -- you don't have to answer that. Zaremba: Are you specifying the subject or is that a broad statement? S.Przybos: I'm in agreement with their proposal. Hoaglun: Okay. Okay. S.Przybos: Except for this one question that I have. Hoaglun: Okay. Got it. Thank you. Talking about digging holes tonight. De Weerd: Scott Nichols. Nichols: My name is Scott Nichols. I reside at 2730 West Val Vista Court. I'm in favor of the proposal as proposed. I'd like to add that Jason -- and we talked about this and whatever I said last time about Jason I'd like to redact it. He's been very good to follow up with us. It was good -- poor communication on our part and we should have got together before and resolved that, otherwise we wouldn't be back here today. Anyway, Jason, for the record, thank you for working on that. We did have a resolution before we left the office last week and regardless of the questions about it, it looks good. Thank you. De Weerd: Thank you. Is there anyone else who would like to provide testimony? Jason. Densmer: Madam Mayor, Members of the Council, I'm Jason Densmer, with The Land Group, 462 East Shore Drive. Thank you for letting us come back here two weeks after Meridian City Council March 5, 2012 Page 29 of 39 we met last. I think that the small changes that we needed to make for the development agreement were the right idea and we appreciate you having told us to go back and take a look at those, because their agreement's better for having made the changes. Also it gave us an opportunity to meet with our neighbors and to regain their support, which we have appreciated all the way through this process and look forward to carrying forward into the future. Do you have any questions? Hoaglun: Madam Mayor? Densmer: Before I go there maybe I ought to answer Steve's question. De Weerd: There was the fence question. Densmer: Yeah. So, specifically on the fence -- the language that we talked about after the Council meeting with our neighbors two weeks ago and that was written into the development agreement, said that we are going to -- on a lot-by-lot basis for each of the new lots that's being developed the height of the home is either 22 feet or that can be increased, as long as it's not taller than the top of the fence at the midpoint in the rear of that specific lot. So, we aren't going to go -- we are not going to go cherry pick the highest point of the fence on the entire project and, then, use that to establish the height of all the houses, it's done on a specific lot by lot basis. Hoaglun: Madam Mayor. I want to make sure I heard you right, Jason. So, it's the midpoint of that lot that you determined what the height will be? Is that -- did I get that right? Densmer: Yes, sir. Hoaglun: Okay. Thank you. De Weerd: Mr. Zaremba. Zaremba: I just want to make sure that I'm understanding the goal and that the wording gets us to the goal. The point is that the height -- the top height of the roof is not going to be any higher than it was before. What we are allowing is that the bottom of the building may be deeper than it was before, therefore, making the building taller, but from a lower point on the ground and -- but the end result is that the neighbors are not going to be looking at any higher roofs than they would have under the old way it was written. Is that what we are getting? Densmer: That's correct. Zaremba: Okay. Densmer: It's actually more restrictive than that description, in that the original language in the development agreement was 22 feet tall for all the lots, no matter Meridian City Council March 5, 2012 Page 30 of 39 where. In this case the lots that have been lowered through the gravel operation may be taller, but the roofs of the houses will probably actually be lower even than they would have been at 22 feet. Zaremba: Yeah. Cool. Thank you. De Weerd: Any further questions or comments? Densmer: Thank you. Zaremba: Madam Mayor, just one more. I know it's been said, but the provisions that were being taken out because they have already been satisfied, those are staying in and we just acknowledge they have been satisfied. Densmer: That's correct. Zaremba: Good. Thank you. Densmer: Thank you. De Weerd: Any other comments from staff? Or questions from Council? Bird: I have none, Mayor. De Weerd: Okay. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we close the public hearing on MDA 12-009. Rountree: Second. De Weerd: I have a motion and a second to close the public hearing on Item 8-A. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve MDA 12-009 and include all applicant, staff, and public comments. Meridian City Council March 5, 2012 Page 31 of 39 Rountree: Second. De Weerd: I have a motion and a second to approve Item 8-A. Any discussion by Council? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I think it's really terrific that in spite of the contention last time we met on this that the neighbors and the developer have gotten together and worked out their differences and it's amazing how that happens to work most of the times we get that to happen, with a few exceptions. But thank you all that are left for doing that. Zaremba: Madam Mayor, I would also appreciate the extra effort that staff has put into readjusting how it was written. Thank you. De Weerd: Okay. Madam Clerk. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. De Weerd: Item 8-B was requested to continue to March 19th. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: De Weerd: I move that we continue FP 13-007 until March 19th, 2013. Bird: Second. De Weerd: I have a motion and a second to continue Item 8-B to March 19th. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Meridian City Council March 5, 2012 Page 32 of 39 C. FP 13-008 Karmelle Subdivision by Providence anagement, LLC Located South Side of E. Victory Road, East of S. agle Road Request: Final Plat Consisting of 43 Single-Family Residential Building Lots and Nine (9) Common Lots on Approximately 16.18 Acres of Land in an R-4 Zoning District De Weerd: Item 8-C is FP 13-008. I will ask for staff comments. Watters: Thank you, Madam Mayor, Members of the Council. The next application before you is a final plat request for Karmelle Subdivision. This site consists of 16.18 acres of land. It's zoned R-4 and it's located on the south side of East Victory Road, east of South Eagle Road. The proposed final plat consists of 43 single family residential building lots and nine common and other lots on 16.1 acres of land. The gross density is 2.66 dwelling units per acre. All of the proposed lots comply with the dimensional standards of the R-4 district. Open space consists of street buffers, various parkways, and open grassy areas. A children's play structure and sitting area are proposed as amenities. Staff has reviewed the proposed final plat for consistency with the approved preliminary plat and found it to be in substantial conformance as the number of building lots and open space area is the same. Written testimony was received from Scott Wonders, the applicant's representative, in agreement with the staff report. Staff will stand for any questions at this time. Staff is recommending approval of the final plat. De Weerd: Council, any questions for staff? Bird: I have none, Mayor. Rountree: I have none. De Weerd: Does the applicant have any comments? You don't have to comment. The applicant was in agreement with the staff report as noted and -- Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Mr. -- De Weerd: What's your name. Rountree: Armstrong. De Weerd: I have never called you that. That was another mayor. Rountree: That was another mayor. Madam Mayor, I move that we approve Item 8-C, Meridian City Council March 5, 2012 Page 33 of 39 final plat 13-008. Bird: Second. De Weerd: I have a motion and a second to approve Item 8-C. Any discussion? Madam Clerk. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. De Weerd: Item 8-D is final plat 13-003. I'll ask for staff comments. Watters: Thank you, Madam Mayor, Members of the Council. The next application before you is a final plat request for Canterbury Commons Subdivision. This site consists of 8.46 acres of land and it's zoned R-15 and is located on the south side of West Pine Avenue, east of North Ten Mile Road. The proposed final plat consists of 38 single family residential detached building lots and four common other lots on 8.46 acres of land. This is the first of three phases of Canterbury Commons. The gross density proposed with this phase is 4.49 dwelling units per acre. All of the proposed lots comply with the dimensional standards of the R-15 district. The proposed open space consists of street buffers and open grassy areas. A section of the city's multi-use pathway is proposed along the north side of the Ten Mile sub drain along the southwest boundary of the site. As you can see right here that darker line there. Sidewalk and streetlights along Pine Avenue are shown on the construction drawings and will be constructed with phase one of the development. Staff has reviewed the proposed final plat for consistency with the approved preliminary plat and found it to be in substantial conformance as the number of building lots and open space area is the same. Written testimony was received from Scott Noriyuki, the applicant's representative, in agreement with the staff report. Staff is recommending approval of the final plat with the conditions in the staff report. Staff will stand for any questions. De Weerd: Any questions for staff? Bird: I have none, Mayor. De Weerd: Okay. Any comment from the applicant? Okay. Council? Meridian City Council March 5, 2012 Page 34 of 39 Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve FP 13-003. Zaremba: Second. De Weerd: I have a motion and a second to approve Item 8-D. If there is no discussion, roll call vote. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 9: Department Reports ,A. Joint Department Report: Settlers Park Parking Access to Ustick Road Discussion otion Approved to Grant Waiver De Weerd: Item 9-A is a Joint Department Report. I will turn this over to Mike. Nary: Madam Mayor? De Weerd: Oh. I won't turn it to Mike. I will turn it to Mr. Nary. Nary: Madam Mayor, I was just going to I guess just lead into Mike and what -- the reason this is in front of you -- in our city code it indicates that unless waived by the Council there is some limited access to arterials. So, this is related to the parks project and you do have authority to waive that. There is no other specifics in the city code. A finding you need to make -- it has some recommendations in the UDC as to when access to the arterial shouldn't be granted, but it doesn't prohibit you granting it. So, it -- the project Mike will explain, but I just wanted to explain why it's in front of you and what you -- which action you need to have when you're done. De Weerd: Thank you. Barton: Madam Mayor, Members of the Council, as you remember approximately five weeks ago we brought to you an update on our Settlers Park Village Square phase two project and in that presentation we went over the various amenities and part of that proposal is to add an additional 36 parking places that parallel Ustick Road. In that -- in that proposal we thought it most efficient if we brought that parking through and onto Ustick Road as in this drawing and went forward with the CZC application and during Meridian City Council March 5, 2012 Page 35 of 39 the application process we found out that an additional access to Ustick Road violates UDC 1.1.3A.3. When we found out that that went against our Uniform Development Code we started to explore different alternatives. The first place we went is we went to fire to see exactly what we could do and if a dead end or a hammerhead or a turnaround of some sort would work in there. So, some of these -- some of the proposals that we came up with and because of the turning radiuses that are required to get a fire truck down there and turn around, were -- were not going to work we felt, you know, even if we had the space to give up, this turnaround is in the right of way. So, obviously, a no go. De Weerd: Darn fire trucks. Barton: Yeah. They do that. Basterrechea: We don't have that problem with police cars. Barton: So, it is another option we explored, obviously no better off. You know, it's in the right of way. And the third option -- basically you need 150 feet from the parking lot for access and, you know, if the -- the turnarounds or the hammerhead weren't going to work, then, our effective parking areas were going to get cut down to about 11 spaces. So, with that said I think we can -- you know, we all know that parking is in short supply at Settlers Park and we -- it's our desire to add parking. We can eliminate the parking. We can explore another option, whether it be in that east -- far east overflow parking lot. We felt that, you know, to really service this complex that -- to get people as close as possible that that is the best option. You know, we think that traffic volumes, with a couple of exceptions, are going to be fairly light going out onto Ustick. It is right -- proposed as a right-in, right-out. So, with that I will stand for questions. De Weerd: Thank you, Mike. Council, any questions? Hoaglun: Madam Mayor and Mike, that right-in, right-out curbing will be big enough to deter people from sliding down trying to turn left as they head east, I would assume? Barton: Madam Mayor and Council Hoaglun, it's -- it's proposed as your standard pork chop concrete -- Hoaglun: Okay. Bird: There are no guarantees. Barton: Yeah. Hoaglun: No guarantees. Don't want to make it easy. I have seen some where they just ignore it completely. It's easy to get around it without any problem. Barton: And I think what's proposed is a six to seven foot triangle of concrete, so pretty Meridian City Council March 5, 2012 Page 36 of 39 substantial. Hoaglun: Okay. Thank you. Barton: With spikes. De Weerd: No spikes. Any questions -- any further questions? Zaremba: Madam Mayor? De Weerd: Yes, Mr. Zaremba. Zaremba: I would just comment that I think the driveway is a much better option than any of the turnarounds. You know people are going to park in them. Even with signage on a turnaround people think that doesn't mean them, so -- it only takes one car to park in it and, then, the fire truck can't use it anyhow. Barton: The red curb is covered up and -- Zaremba: Yeah. So, I think the driveway is correct. Are we sure that it's sufficient distance from the next driveway that ACRD is happy with it? Barton: We talked to Mindy at ACHD and her response and a-mail was that if -- if the city is okay with it and waiver is granted, that ACHD will grant approval. Zaremba: Okay. De Weerd: Any other comments? Bird: I have none. Rountree: I think it's a legitimate request. The volumes are minimal. The access there is somewhat restricted. I don't see it becoming a breezeway. Makes the parking a whole lot more useful. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: For procedure purposes do we need a variance request or can we act on it tonight? Nary: Madam Mayor, Members of the Council, you can act on it tonight. The code simply states that you have to waive it. So, a voice vote motion is all you need. Zaremba: Okay. Madam Mayor, I move we waive the section of the UDC regarding Meridian City Council March 5, 2012 Page 37 of 39 this driveway and approve the driveway. Rountree: Second. De Weerd: I have a motion and a second. Any discussion? Bird: I have none. De Weerd: Madam Clerk. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 10: rdinances rdinance No. 13-1546: ®A 1-003 Sign Code Text Amendment by City of eridian Community Development Planning Division Request: Amend Sections of the City's Current Standards for Signs De Weerd: Item 10-A is Ordinance 13-1546. Madam Clerk, will you, please, read this by title only. Holman: Thank you, Madam Mayor. City of Meridian Ordinance No. 13-1546, an ordinance amending Meridian City Code as codified at Title 11, entitled the Unified Development Code of the Meridian City Code, and providing for a waiver of the reading rules and providing an effective date. De Weerd: You have heard this ordinance read by title only. Is there anyone who would like to hear it read in its entirety? Thank you. Seeing none, Mr. Bird. Bird: I move we approve Ordinance 13-1546 with suspension of rules. Rountree: Second. De Weerd: I have a motion and a second to approve Item 10-A. Madam Clerk -- Rountree: Madam Mayor? De Weerd: Yes, Mr. Rountree. Rountree: Just a point of discussion. I don't know how many of you had the opportunity to see the national news this evening. ABC and NBC highlighted the Bay Bridge in San Meridian City Council March 5, 2012 Page 38 of 39 Francisco. That's kind of the step-sister of the Golden Gate Bridge, but it goes across the bay. They have spent several millions of dollars putting LED lights on that bridge. It's a cable stay type bridge. All the cables now have strings of LEDs. They are all computerized. They will do whatever they are told. It's a piece of art. The lights were flashing. They were strobing. They were running up and down cables, they were running across cables, they were doing whatever they programed them to do. Much faster than a second and way faster than eight seconds. So, if you get an opportunity to see that, that bridge probably carries more than about five of -- of the busiest streets put together in any one day and any one evening and apparently that's not going to be a safety issue, at least for them to consider it. Just to consider that. If you get an opportunity, if you can pick that up on national news or on the Internet, it was -- it was quite interesting to watch what they were doing on that bridge. De Weerd: Public art. Rountree: Public art. We couldn't do that in Meridian. De Weerd: No. We don't have a budget for it. Bird: I was going to say we don't have enough money in the city. De Weerd: Madam Clerk. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. MOTION CARRIED: ALL AYES. Item 11: Future eating Topics De Weerd: Item 11, Future Meeting Topics. Council, anything for future meeting agendas? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: This is not actually a topic, but since we have put a city item on the election of May 21st -- May 21st is a Council meeting and we don't generally have Council meetings when there is a city election. Should we discuss moving that meeting to the 22nd? Bird: Yeah. Zaremba: Or does it happen automatically? Meridian City Council March 5, 2012 Page 39 of 39 Bird: It happens automatically. De Weerd: Not automatic. Nary: Madam Mayor. It doesn't happen automatically, because it's specifically in your ordinance for the general election. So, you would need to cancel the meeting on the 21st and schedule the next one for the next day or whatever date you want to. Zaremba: Okay. So, I would have that for a topic next week or -- as an action item. De Weerd: Okay. I don't know if it's agenda worthy. I think we can just do it. Zaremba: If we can waive a wand and do it, we need to waive a wand and do it. De Weerd: Okay. Waive your wand. Zaremba: The meeting will be on May 22nd instead of May 21st. De Weerd: I would entertain a motion to adjourn. Hoaglun: So moved. Rountree: Second. Bird: Second. De Weerd: All those in favor say aye. All ayes. MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 8:43 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) ~~ MAYOR T Y DE WEERD DATE APPROVED ATTEST: EEtUJLMAN, CITY CLERK ~~ ;~72n AU~;I,s ~~~ PI ~9 U~ .~ ~ ,~ Ciry cf Cpl F, 1~I1~N~-- ionHo ~r~, ~~'.dl. `` '~J ~>' Fgof the THE ~S`yb Changes to Agenda: Item #8B Kingsbridge Subdivision No. 3 -Request for continuance to March 19t" Item 8A: Southridge (MDA®12®009) Application(s): Development Agreement Modification Location of Property: This site is located on the south side of Overland Road between Linder and Ten Mile Roads. Update: At the City Council hearing on February 19, 2013, the Council directed staff to work with the applicant on incorporating provisions from the existing Development Agreement (DA) that have been already completed into the proposed amended agreement. Staff met with the applicant's representative, Jason Densmer, and agreed upon certain items being added back into the amended DA for documentation purposes. Other items that staff did not deem necessary to be included are listed in the memo to City Council from staff dated February 27t". A copy of the amended DA is included with the memo showing the provisions that were added in underline format. The applicant is proposing modified language (provision #6.3.8) in regard to the height restrictions for the homes along the southern border shared with Val Vista and Aspen Cove Subdivisions that leaves in the original language but allows the option to exceed 22' in height as long as the height of the home(s) is lower than the top of the fence at the midpoint of the rear of the lot. Written Testimony: No written testimony has been received since the last hearing on Feb. 19t" Staff recommends approval of the proposed changes to the amended DA as contained in the memo to Council dated February 27t". Notes: Item 8C: Karmelle Subdivision (FP®13®008) Application(s): Final Plat Size of property, existing zoning, and location:. This site consists of 16.18 acres, is zoned R-4, and is located on the south side of E. Victory road, east of S. Eagle Road. Summary of Request: The proposed final plat consists of 43 SFR (detached) building lots & 9 common/other lots on 16.18 acres of land. The gross density is 2.66 d.u./acre. All of the proposed lots comply with the dimensional standards for the R-4 district. Open space consists of street buffers, various parkways, and open grassy areas. A children's play structure & sitting area are proposed as amenities. Staff has reviewed the proposed final plat for consistency with the approved preliminary plat & found it to be in substantial conformance as the number of building lots and open space area is the same. Written Testimony: Scott Wonders, Applicant's Representative (in agreement w/staff report) Notes: Item 3D: Canterbury Commons Subdivision (FP®13®003) Application(s): Final Plat Size of property, existing zoning, and location: This site consists of 8.46 acres, is zoned R-15, and is located on the south side of W. Pine Avenue, east of N. Ten Mile Road. Summary of Request: The proposed final plat consists of 38 SFR (detached) building lots & 4 common/other lots on 8.46 acres of land. This is the first of three phases of Canterbury Commons. The gross density proposed with this phase is 4.49 d.u./acre. All of the proposed lots comply with the dimensional standards of the R-15 district. The proposed open space consists of street buffers and open grassy areas; a section of the City's multi-use pathway is proposed along the north side of the Ten Mile Stub Drain along the southwest boundary of the site. The sidewalk & street lights along Pine Avenue are shown on the construction drawings & will be constructed with Phase I. Staff has reviewed the proposed final plat for consistency with the approved preliminary plat and found it to be in substantial conformance as the number of building lots & open space area is the same. lNritten Testimony: Scott Noriyuki, Applicant's Representative (in agreement w/staff report) Notes: L K oFFrc FeNaL cr~N DATE: I E_MSTAFF TO I AGENCY I APPLICANT I NOTES I INITIALS DATE: I E_MSTAFF TO I AGENCY I APPLICANT ( NOTES I INITIALS % % I :March , 2013 CLERKS FF/C F/NL ACTION DATE: I E-MSTAFF TO I AGENCY I APPLICANT I NOTES I INITIALS % % % % :March , 2013 DATE: (E_MSTAFF TO ( AGENCY I APPLICANT I NOTES I INITIALS : Jaycee L. Holman, City Clerk, r :Keith Watts, Purchasing Manager Jacy Jones, Brent Blake ate: 2/26/13 March 5 City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the March 5th City Council Consent Agenda for Council's consideration. Award of Bid and Approval of Agreement to Dahle Construction, LI~C for "Well 24 Flush Line -Construction" for the Not-To-Exceed amount of $49,254.00. This award is the result of formal IFB #PW-13-10334a. Recommended Council Action: Approval of bid award and Agreement to Dahle Construction LLC for the Not-To-Exceed amount of $49,254.00. Thank you for your consideration. Page 1 Mayor Tammy de Weerd 1 ell a err:' Keith Bird Brad Hoaglun Charles Rountree David Zaremba T®: Keith Watts Purchasing Manager ® : Brent Blake Engineering Technician II DATE: 2/15/2013 SUBJECT: Project Information emo; e11 Flush Line (Construction) _ _ ~c~ _____ -- . -- _- v-- -- __ _ -_ - _ ~ - _ __ _ , I. EP T T C TACT SOI~tS Brent Blake, Engineering Technician II 4890340 Kyle Radek, Asst. City Engineer 489-0343 Warren Stewart, PW Engineering Manager 489-0350 11. ESC TIQ A. Back rg ound The current flush line at the Well 24 site consists of a series of gate valves and a discharge pipe. The gate valves are located in a high traffic area along Linder Road and the discharge pipe is located on the bank of Fivemile Creek. Water Department personnel are required to manually activate the valves which, at times, require traffic control. This exposes staff to risk of injury and inconveniences the traveling public. The discharge pipe is situated on the bank of Fivemile Creek such that it does not meet the DEQ requirement stipulating an 1$-inch separation between the bottom of the pipe and the high water level in Fivemile Creek. Therefore, a new flush line is needed that meets current DEQ standards and is located where water department personnel can safely operate the gate valves. B. Proposed Project This project consists of constructing a new flush line associated with Well #24 located near the intersection of Linder and Ustick Roads. Proposed materials used to construct the new flush line are 200-feet of new water class pipe, 2 new manholes, and a series of new gate valves. Page r of 2 III, ACT A, Strategic Impact: This project meets our mission requirements of indentifying and prioritizing work to anticipate, plan and provide public services that support the needs of our growing community and ensure modern reliable facilities while maintaining financial stewardship. B, Service/Delivery Impact: The new flush line will provide adherence to the current DEQ standards and allow water department personnel to safely operate the gate valves without utilizing traffic control devices. C. Fiscallmpacts: Funds to support this project will be provided from the Waterline Extensions account which is dedicated to the building and improvement of the City's water infrastructure, D. Project Costs Contractor Agreement E. Project Funding Waterline Extensions 60-3490-96140 ICI. FIST T' A.TT..~ A. Contractor Approved for Council Age $49,254.00 $49,254.00 .5, Agree t nda: 1, 1"age 2 of 2 ~1 : 1" r i y r_ l ~._~~ __ i ~ _ _. _i ~,. ~..__ ', O M .. N M r O N d' ~' Q OD W LL W F-' W Q W Z O h- !" Z U Z J 2 J LL N J J 2e- Z m Q M M O r M r a GO Z ~• Z c_ G Q M®_ W SC!n$ # ~!1 puo8 p!8 Z wnpuappd !. wnpuapp pauC! O Z 0 0 0 0 0 0 0 0 0 0 0 0 CV ~ d' 'd' O ' I~ N l.(~ N O .- C~ N l.C) N d O I.f) N .~ ~ O C~ r 07 CD I.n O 00 07 00 d' O f~ T ~ L 1 O r~~ .~p~ r ^. td X X X X X X X X X X X X X X x x x x x x x x x x x x x x x x x x x x x x x x x x x 0 U O 0 o U U O " p O V ~ '- ~ O U O ~ N ~ O O ~ U ~ ~ ~ O j fA i O (-~ U °- o n U ~ U o ~ ~ ~ ~ U ~ •~ ~ U Q O Ci~ O Q N H Q H A a~ c a O i C c A X Q AGREEMENT FOR INDEPENDENT CONTRACTOR SERVICES (WELL 24 FLUSH LINE - CONSTRUCTION) PROJECT # 10334a THIS AGREE T FOR INDEPENDENT CONTRACTOR SERVICES is made this .`? day of 13, 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 Dahle Construction LLC, hereinafter referred to as "CONTRACTOR", whose business address is 90 Hwy 93 N, Salmon, ID 83467 and whose Public Works Contractor License # is C -11353 -AA -1. INTRODUCTION Whereas, the City has a need for services involving WELL 24 FLUSH LINE - CONSTRUCTION; and WHEREAS, the Contractor is specially trained, experienced and competent to perform and has agreed to provide such services; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties agree as follows: TERMS AND CONDITIONS Scope of Work; 1.1 CONTRACTOR shall perform and furnish to the City upon execution of this Agreement and receipt of the City's written notice to proceed, all services and work, and comply in all aspects, as specified in the document titled "Scope of Work" a copy of which is attached hereto as Attachment "A" and Incorporated herein by this reference, together with any amendments that may be agreed to in writing by the parties. 1.2 All documents, drawings and written work product prepared or produced by the Contractor under this Agreement, including without limitation electronic data files, are the property of the Contractor; provided, however, the City shall have the right to reproduce, publish and use all such work, or any part thereof, in any manner and for any purposes whatsoever and to authorize others to do so. If any such work is copyrightable, the Contractor may copyright the same, except that, as to any work which is copyrighted by 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. WELL 24 FLUSH LINE - CONSTRUCTION Project 10334a page 1 of 11 September 30, 2013 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 TIME FOR EXECUTING CONTRACT AND LIQUIDATED DAMAGES Upon receipt of a Notice to Proceed, the Contractor shall have 150 (one hundred fifty) calendar days to complete the work as described herein. Contractor shall be liable to the City for any delay beyond this time period in the amount of $250.00 (two hundred fifty dollars) 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. 4. Termination: 4.1 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. 4.2 Notwithstanding the above, CONTRACTOR shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by CONTRACTOR, and the CITY may withhold any payments to CONTRACTOR for the purposes of set-off until such time as the exact amount of damages due the CITY from CONTRACTOR is WELL 24 FLUSH LINE - CONSTRUCTION page 3 of 11 Project 10334a determined. This provision shall survive the termination of this agreement and shall not relieve CONTRACTOR of its liability to the CITY for damages. 5. 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 CITY. Except as expressly provided in Attachment A, Contractor has no authority or responsibility to exercise any rights or power vested in the City and therefore has no authority to bind or incur any obligation on behalf of the City. The selection and designation of the personnel of the CITY in the performance of this agreement shall be made by the CITY. 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 performing the work and services to be provided by Contractor under this Agreement. Contractor shall be responsible to City only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of Contractor in fulfillment of this Agreement. If in the performance of this Agreement any third persons are employed by Contractor, such persons shall be entirely and exclusively under the direction and supervision and control of the Contractor. 6. Indemnification and Insurance: 6.1 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 WELL 24 FLUSH LINE - CONSTRUCTION page 4 of 11 Project 10334a harmless CITY from and for all such losses, claims, actions, or judgments for damages or injury to persons or property and other costs, including litigation costs and attorneys' fees, arising out of, resulting from , or in connection with the performance of this Agreement by the Contractor or Contractor's officers, employs, agents, representatives or subcontractors and resulting in or attributable to personal injury, death, or damage or destruction to tangible or intangible property, including use of. CONTRACTOR shall provide CITYwith 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 per the ISPWC and the City of Meridian Supplemental Specifications & Drawings to the ISPWC, which by this reference are made a part hereof. WELL 24 FLUSH LINE - CONSTRUCTION page 5 of 11 Project 10334a 8. Warranty: Contractor must warrant the project per the ISPWC and the City of Meridian Supplemental Specifications & Drawings to the ISPWC, which by this reference are made a part hereof. 9. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: CITY CONTRACTOR City of Meridian Dahle Construction LLC Purchasing Manager Attn: Chris Fox 33 E Broadway Ave 90 Hwy 93 N Meridian, ID 83642 Salmon, ID 83467 208-888-4433 Phone: 208-756-3241 Email: cfoxdigOaol.com Idaho Public Works License #C -11353 -AA -1 Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. 10. 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. 11. 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. 12. 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. 13. 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. 14. Reports and Information: WELL 24 FLUSH LINE - CONSTRUCTION page 6 of 11 Project 10334a 14.1 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. 14.2 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. 15. Audits and Inspections: At any time during normal business hours and as often as the CITY may deem necessary, there shall be made available to the CITY for examination all of CONTRACTOR'S records with respect to all matters covered by this Agreement. CONTRACTOR shall permit the CITY to 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. 16. Publication, Reproduction and Use of Material: No material produced in whole or in part under this Agreement shall be subject to copyright in the United States or in any other country. The CITY shall have unrestricted authority to publish, disclose and otherwise use, in whole or in part, any reports, data or other materials prepared under this Agreement. 17. 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. 18. Changes: The CITY may, from time to time, request changes in the Scope of Work to be performed hereunder. Such changes, including any increase or decrease in the amount of CONTRACTOR'S compensation, which are mutually agreed upon by and between the CITY and CONTRACTOR, shall be incorporated in written amendments which shall be executed with the same formalities as this Agreement. 19. 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. 20. 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 WELL 24 FLUSH LINE - CONSTRUCTION page 7 of 11 Project 10334a of the terms of this Agreement unless this Agreement is modified as provided above. 21. 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. 22. 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. 23. Order of Precedence: The order or precedence shall be the contract agreement, the Invitation for Bid document, then the winning bidders submitted bid document. 24. Public Records Act: Pursuant to Idaho Code Section 9-335, et seq., information or documents received from the Contractor may be open to public inspection and copying unless exempt from disclosure. The Contractor shall clearly designate individual documents as "exempt" on each page of such documents and shall indicate the basis for such exemption. The CITY will not accept the marking of an entire document as exempt. In addition, the CITY will not accept a legend or statement on one (1) page that all, or substantially all, of the document is exempt from disclosure. The Contractor shall indemnify and defend the CITY against all liability, claims, damages, losses, expenses, actions, attorney fees and suits whatsoever for honoring such a designation or for the Contractor's failure to designate individual documents as exempt. The Contractor's failure to designate as exempt any document or portion of a document that is released by the CITY shall constitute a complete waiver of any and all claims for damages caused by any such release. 25. 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. 26. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. END OF TEXT. SIGNATURES TO FOLLOW ON NEXT PAGE. WELL 24 FLUSH LINE - CONSTRUCTION page 8 of 11 Project 10334a CITY OF MERIDIAN BY:' TAMMY de RD, MAYOR Dated: 315ZI 3 DAHLE CONSTRUCTION LLC ' haA-6 & AOUA � BY: r+ / eviveA Dated:TIS��U�"'� Approved by Council, 0/ O 00.TLD AU�•USrJ Attest: c ,moo w JA E L OLMAN, CITY CLER City °f CAVI E IDIANIDAHO EAL �-- % Purchasing Approval F`�,. S D rt Ap®ron1 raa °r r� rRc A�A BY: Y: KEITH WATTS, Purchasing Manager WA N STE ART, Engineering Manager Dated::—a/? Dated:: WELL 24 FLUSH LINE - CONSTRUCTION page 9 of 11 Project 10334a Attachment A SCOPE OF WORK REFER TO INVITATION TO BID PW -13-10334a ALL ADDENDUMS, ATTACHMENTS, AND EXHIBITS included in the Invitation to Bid Package # PW -13-10334a, are by this reference made a part hereof. WELL 24 FLUSH LINE - CONSTRUCTION page 10 of 11 Project 10334a Attachment B MILESTONE / PAYMENT SCHEDULE A. Total and complete compensation for this Agreement shall not exceed $49,254.00. KY = IVIILI,-ONE DATES/SCHEDULE Final Completion 150 (one hundred fifty) days - >` _ -PRICING SCHE-DUCE - Contract includes furnishing all labor, materials, equipment, and incidentals as required for the WELL 24 FLUSH LINE - CONSTRUCTION per IFB PW -13-10334a CONTRACT TOTAL ....................... 4 254. CONTRACT IS A NOT TO EXCEED AMOUNT. LINE ITEM PRICING BELOW WILL BE USED FOR INVOICE VERIFICATION AND ANY ADDITIONAL INCREASES OR DECREASES IN WORK REQUESTED BY CITY. w -Ag ry — Br;dS.checlufe Item No. Description Quantity Unit Unit Price 307.4.1.E.1. TYPE C SURFACE RESTORATION 21 SY 10.00 307.4.1.G.1. TYPE P SURFACE RESTORATION 43 SY 54.00 401.4.1.A.1. 12" PVC, AWWA C900, DR18, WATER MAIN 100 LF 84.40 402.4.1.A.1`.a. 12" GATE VALVE 6 EA 1,750.00 402.4.1.A.i.b. 12" BY-PASS/FLUSH GATE VALVE 1 EA 1,700.00 601.4.1.A.5. 12" PVC AWWA C900, DR25, WATER CLASS BY- PASS/FLUSH PIPE 119 LF 35.00 706.4.1.G.1. CONCRETE REPAIR 9 SY 60.00 1001.4.2.A.1. STAGING AREA 1 EA 100.00 1003.4.1.G.1. STRAW WATTLE 100 LF 1.75 1006.4.1.C.1. INLET PROTECTION 1 EA 50.00 2010.4.1.A.1. MOBILIZATION 1 LS 2,900.00 SP -1 ABANDON EXISTING WATER MAIN 1 LS 440.00 SP -2a FLUSH LINE MANHOLE #1 1 EA 4,100.00 SP -2b FLUSH LINE MANHOLE #2 1 EA 9,605.00 SP -3 LAWN SOD RESTORATION 938 SF 1.50 SP -4 TRAFFIC CONTROL 1 LS 2,900.00 Travel expenses, if applicable, will be paid at no more than the City of Meridian's Travel and Expense Reimbursement Policy. WELL 24 FLUSH LINE - CONSTRUCTION page 11 of 11 Project 10334a THE AMERICAN INSTITUTE OF ARCHITECTS Bond No. B 0378131 AIA Document A312 Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): Dahle Construction LLC 90 Hwy 93 North Salmon, ID 83467 OWNER (Name and Address): City of Meridian Purchasing Department 33 E. Broadway Avenue, Ste 106 Meridian, ID 83642 SURETY (Name and Principal Place of Business): The Cincinnati Insurance Company P.O. BOX 145496 Cincinnati, OH 45250-5496 CONSTRUCTION CONTRACT Date: Amount: $49,254.00 Forty Nine Thousand Two Hundred Fifty Four Dollars and 001100 Description (Name and Location): Well 24 Flush Line - Construction BOND Date (Not earlier than Construction Contract Date): Amount: $49,254.00 Forty Nine Thousand Two Hundred Fifty Four Dollars and 00/100 Modifications to this Bond: ® None ❑ See Page 3 CONTRACTOR AS PRINCIPAL Company: (Corporate Seal) Dahle Construction LLC Signature:---�-- - -� Name and Title: (Any additional signatures appear on page 3) SURETY Company: (Corporate Seal) The Cincinnati Ins ce Com . ny Signature: Name and Titl . eRa Perry Attor ey-in-Fact (FOR INFORMATION ONLY- Name, Address and Telephone) OWNER'S REPRESENTATIVE (Architect, Engineerorother AGENT or BROKER: parry) The Hartwell Corporation PO Box 51019 Idaho Falls, ID 83405-1019 208-522-5656 AIA DOCUMENT A312 o PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. • AIA 0 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 THIRD PRINTING 9 MARCH 1987 A312.1984 I The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, - successors and assigns to the Owner for the performance (' f the Construction Contract, which is incorporated herein oy reference. 2 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except to participate in conferences as provided in Subparagraph 3.1. 3 if there Is no Owner Default, the Surety's obligation under this Bond shall arise after: 3.1 The Owner has notified the Contractor and the Surety at its address described in Paragraph 10 below that the Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with the Contractor and the Surety to be held not later than fifteen days after receipt of such notice to discuss methods of performing the Construction Contract. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default; and 3:2 The Owner has declared a Contractor Default and formally terminated the Contractor's right to complete the contract. Such Contractor Default shall not be declared earlier than twenty days after the Contractor and the Surety have received notice as provided in Subparagraph 31; and 3.3 The Owner has agreed to pay the Balance of the Contract Price to the Surety In accordance with the terms of the Construction Contract or to a contractor selected to perform the Construction Contract in accordance with the terms of the contract with the Owner, 4 When the Owner has satisfied the conditions of Paragraph 3, the Surety shall promptly and at the Surety's expense take one of the following actions: 4.1 Arrange for the Contractor, with consent of the Owner, to perform and complete the Construction Contract; or 4.2 Undertake to perform and complete the Construction Contract itself, through Its agents or through Independent contractors; or 4.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and the contractor selected With the Owner's concurrence, to be secured With performance and payment bonds executed by a qualified surety equivalent to the bonds Issued on the Construction Contract, and pay to the Owner the amount of damages as described in Paragraph 6 in excess of the Balance of the Contract Price incurred by the Owner resulting from the Contractor's default; or 4.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: .1 After Investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, tender payment therefor to the Owner; or .2 Deny liability in whole or in part and notify the Owner citing reasons therefor. 6 if the Surety does not proceed as provided in Paragraph 4 with reasonable promptness, the Surety shall be deemed to be in default on this Bond fifteen days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the surety proceeds as provided In Subparagraph 4.4, and the Owner refuses the payment tendered or the Surety has denied liability, in whole or In part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. 6 After the Owner has terminated the Contractor's right to complete the Construction Contract, and if the Surety elects to act under Subparagraph 4.1, 4.2, or 4.3 above, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract, To the limit of the amount of this Bond, but subject to commitment by the Owner of the Balance of the Contract Price to mitigation of costs and damages on the Construction Contract, the Surety is obligated without duplication for: 6.1 The responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; 6,2 Additional legal, design professional and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety under Paragraph 4; and 6.3 liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non- performance of the Contractor. 7 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators or successors. 8 The Surety, hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. 9 Any proceeding, legal or equitable, under this Bond may be Instituted in any court of competent jurisdiction in the location in which the work or part of the work Is located AIA DOCUMENT A312, PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED, • AIA THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 24000 A312-1984 THIRD PRINTING. MARCH 1087 and shall be Instituted within two years after Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or falls to perform its obligations under this Bond, whichever occurs first. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 10 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page, 11 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent Is that this Bond shall be construed as a statutory bond and not as a common law bond. 12 DEFINITIONS 12.1 Balance of the Contract Price: The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments MODIFICATIONS TO THiS BOND ARE AS FOLLOWS: have been made, Including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of Insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. 12.2 Construction Contract: The agreement betwen the Owner and the Contractor identified on the signature page, Including all Contract Documents and changes thereto. 12,3 Contractor Default, Failure of the Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Construction Contract. 12.4 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof, (Space is provided below for additional signatures of added parties, other than those appearing on the cover page,) CONTRACTOR AS PRINCIPAL. SURETY, Company: (Corporate Seal) Company: Signature: Name and Title: Address: Signature: Name and Title: Address: AIA DOCUMENTA312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. &AIA THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 THIRD PRINTING . MARCH 1987 (Corporate Seal) A312-1984 THE AMERICAN INSTITUTE OF ARCHITECTS Bond No. B 0378131 AIA Document A312 Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): Dahle Construction LLC 90 Hwy 93 North Salmon, ID 83467 OWNER (Name and Address): City of Meridian Purchasing Department 33 E. Broadway Avenue, Ste 106 SURETY (Name and Principal Place of Business): The Cincinnati Insurance Company RO, BOX 145496 Cincinnati, OH 45250-5496 Meridian, ID 83642 CONSTRUCTION CONTRACT Date: Amount: $49,254.00 Forty Nine Thousand Two Hundred Fifty Four Dollars and 00/100 Description (Name and Location): Well 24 Flush Line - Construction BOND Date (Not earlier than Construction Contract Date): Amount: $49,254.00 Forty Nine Thousand Two Hundred Fifty Four Dollars and 00/100 Modifications to this Bond: ❑ None X❑ See Page 6 CONTRACTOR AS PRINCIPAL Company: Dahle Construction LLC SURETY (Corporate Seal) Company: Signature: -- --"z' � — Name and Title: fr.Q, .1 N� pry, (Any additional signatures appear on page 6) (Corporate Seal) The Cincinnati Insurance Company Signature:w Name and T tle: R Perry Attorney -in -Fact (FOR INFORMATION ONLY- Name, Address and Telephone) OWNER'S REPRESENTATIVE (Architect, Engineerorother AGENT or BROKER: party) The Hartwell Corporation PO Box 51019 Idaho Falls, ID 83405-1019 208-522-5656 AIA DOCUMENT A312 o PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. • AIA 0 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A312-1984 THIRD PRINTING • MARCH 1987 I The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the performance of the Construction Contract, which is Incorporated herein by reference. 2 With respect to the Owner, this obligation shall be null and void if the Contractor: 2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants, and 2.2 Defends, indemnifies and holds harmless the Owner from claims, demands, liens or suits by any person or entity whose claim, demand, lien or suit is for the payment for labor, materials or equipment furnished for use in the performance of the Construction Contract, provided the Owner has promptly notified the Contractor and the Surety (at the address described In Paragraph 12) of any claims, demands, liens or suits and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety, and provided there is no Owner Default, 3 With respect to Claimants, this obligation shall be null and void if the Contractor promptly makes payment, directly or Indirectly, for all sums due. 4. The Surety shall have no obligation to Claimants under this Bond until: 4.1 Claimants who are employed by or have a direct contract with the Contractor have given notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim. 4.2 Claimants who do not have a direct contract with the Contractor: .1 Have furnished written notice to the Contractor and sent a copy, or notice thereof, to the Owner, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials were furnished or supplied or for whom the labor was done or performed; and .2 Have either received a rejection in whole or in part from the Contractor, or not received within 30 days of furnishing the above notice any communication from the Contractor by which the Contractor has Indicated the claim will be paid directly or Indirectly; and .3 Not having been paid within the above 30 days, have sent a written notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim Is being made under this Bond and enclosing a copy of the previous written notice furnished to the Contractor. 5 If a notice required by Paragraph 4 is given by the Owner to the Contractor or to the Surety, that is sufficient compliance. 6 When the Claimant has satisfied the conditions of Paragraph 4, the Surety shall promptly and at the Surety's expense take the following actions: 6.1 Send an answer to the Claimant, With a copy to the Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed. 6.2 Pay or arrange for payment of any undisputed amounts. 7 The Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. 8 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any; under any Construction Performance Bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor In the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and the Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work. 9 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. 11 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the location in which the work or part of the work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by Subparagraph 4.1 or Clause 4.2.3, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of (1) or (2) first occurs. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense In the jurisdiction of the suit shall be applicable. 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page, Actual receipt of notice by Surety, the Owner or the Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND. DECEMBER 1984 ED.. AIA THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A312-1984 THIRD PRINTING • MARCH 1987 conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to - such statutory or other legal requirement shall be deemed ( 1corporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 14 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. 15 DEFINITIONS 15.1 Claimant: An Individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equipment for use in the performance of the Contract. The intent of this Bond shall be to include without limitation In the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: service or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other Items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished, 15.2 Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto. 15.3 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. Paragraph 6 above is deleted in its entirety and the following is substituted in its place: 6. When the Claimant has satisfied the conditions of Paragraph 4, and has submitted all supporting documentation and any proof of claim requested by the Surety, the Surety shall, with reasonable promptness, notify the Claimant of the amounts that are undisputed and the basis for challenging any amounts that are disputed, including, but not limited to, the lack of substantiating documentation to support the claim as to entitlement or amount, and the Surety shall, with reasonable promptness, pay or make arrangements for payment of any undisputed amount; provided, however, that the failure of the Surety to timely discharge Its obligations under this paragraph or to dispute or identify any specific defense to all or any part of claim shall not be deemed to be an admission of liability by the Surety as to such claim or otherwise constitute a waiver of the Jontractor's or Surety's defenses to, or right to dispute, such claim. Rather, the Claimant shall have the immediate right, without further'notice, to bring suit against the Surety to enforce any remedy available to It under this Bond. (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Name and Title: Address: Signature: Name and Title: Address: AIA DOCUMENTA312 . PERFORMANCE BOND AND PAYMENT BOND . DECEMBER 1964 ED.. AiA THE AMERICAN INSTITUTE OFARCHiTECTS,1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A312.1984 THIRD PRINTING • MARCH 1987 THE CINCINNATI INSURANCE COMPANY Fairfield, Ohio POWER OF A'ITORNEY KNOW ALL MEN DY THESE PRESENTS, That THE CINCINNATI, INSURANCE COMPANY, a corporation organized under the laws of the State of Ohio, and having its principal office in the City of Fairfield, Ohio, does hereby constitute and appoint R.M. Hartwell; DeRay Perry; Sally Perry; Todd R, Mary, Angela Rae Miller; Paul R. Borup and/or Staci Matheson of Idaho � Falls, . Idaho its true and lawful Attorneys}in-Fact to sign, execute, seal and deliver on its behalf as Surety, and as its act and deed, any and all bonds, policies, undertakings, or other like instruments, as follows: Any such obligations in the United States, up to Thirty Million and No/100'Dollars ($30,000,000.00). This appointment is made under and by authority of the following resolution passed by the Board of Directors of said Company at a meeting held in the principal office of the Company, a quorum being present and voting, on the Gh day of December, 1958, which resolution is still in effect: "RESOLVED, that the President or any Vice President be hereby authorized, and empowered to appoint Attorneys -in - Fact of the Company to execute any and all bonds, policies, undertakings, or other like instruments on bebalf of the Corporation, and may authorize any officer or any such Attorney -in -Fact to affix the corporate seal; and may with or without cause modify or revoke any such appointment or authority, Any such writings so executed by such Attorneys -in - Fact shall be binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company," This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Hoard of Directors of the Company at a meeting duly called and held on the Th day of December, 1973, "RESOLVED, that the signature of the President or a Vice President and the seal of the Company may be affixed"by facsimile on any power of attorney granted, and the signature of the Secretary or Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any such power of certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Company," IN WITNESS WHEREOF, THE CINCINNATI INSURANCE COMPANY has caused these presents to be sealed with its corporate seal, duly attested by its Vice President this 101h day of October, 2008, Q tntVq TIM CRMCINI COAINSURANCE COMPANY a� RIOATE F SEAL onto Vice Presi on STATE OF OHIO ) ss: COUNTY OF BUTLER ) On this 101h day of October, 2008, before me came the above-named Vice President of THE CINCINNATI INSURANCE COMPANY, to me personally known to be the officer described herein, and acknowledged that the seal affixed to the preceding instrument is the corporate seal of said Company and the corporate seal and the signature of the officer were duly affixed and subscribed to said instrument by the authority anddirectionof said corporation, �r MARK J, H LLER, Attorney at Law NOTARY PUBLIC - STATE OF OHIO My commiselon has no expiration dato, Section 147,03 O.R.C. 1, the undersigned Secretary or Assistant Secretary of TIJE CINCINNATI INSURANCE COMPANY, hereby certify that the above is a true and correct copy of the Original Power of Attorney issued by said Company, and do bereby further certify that the said Power of Attorney is still in full force and effect, this OMEN under my hand and seal of said Company at Fairfield, Ohio. day of .2013 ctd t■�y,�A� e3lARPORATE B jL SEAL onto BN -1005 (10/08) Secretary r1t..,4.9 040,11Z nAHLECON ACORD. CERTIFICATE OF LIABILITY INSURANCE DATE (MMiDDIYYYY) 2/15/2013 THIS CERTIFICATE IS ISSUED ASA MATTER OF INFORMATION ONLY AND CONFERS NO RiGHTS UPON THE CERTIFICATE HOLDER. THIS ''RRTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES OW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER($), AUTHORIZED I,r.PRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Payne Financial Group, Inc. N Te T FA P ��;, ; 208-424.2900 (AIC,No : 208-424-2999 ADD IESS; University Plaza 960 Broadway Avenue, Suite 100 INSURERS AFFORDING COVERAGE NAIL # INSURER A: Cincinnati Insurance Company Boise, ID 83706-3689 INSURED Dahle Construction LLC 90 Hwy 93 N Salmon, ID 83467 INSURER e: Idaho State Insurance Fund INSURER C: INSURER D INSURER E: INSURER P: PERSONAL a ADV INJURY $1,000,000 rnveoer_cc CERTIFICATE NUMBER! REVISION NUMBER: v THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY�PAID �TR TYPE OF INSURANCE INSR y VD POLICY NUMBER MM/LDIDY FF �CLAIMS, MMfODh YYYI LIMITS A GENERAL LIABIUTY X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE ❑X OCCUR X PD Ded:250 *forms attached X X EPP0134646 *GA233(0207) 4/01/2012 04101/2013 EACH OCCURRENCE $1,000,000 ISSn. $100,000 PREM�ENTURe MED EXP (Any one arson $10000 PERSONAL a ADV INJURY $1,000,000 GENERAL AGGREGATE 52,000,000 GEN'LAGGREGATE LIMIT APPLIES PER: POLICY jec El LOC X PRODUCTS - COMP/OP AGG 52,000000 S IUTOMOBILELIABILITY l ANY AUTO ALLOWNED SCHEDULED AUTOHIREDSAUTOS AUTOS X NON OWNED AUTOS rx EPP0134646 4/01/2012 04/01/2013 CeaaddentSINGLELIMIT 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Par accident) $ PROPERTY DAMAGE $ Per. dent $ A X UMBRELLA LIAR EXCESS LIAR X OCCUR CLAIMS -MADE EPP0134646 4/01/2012 04/01/2013 EACH OCCURRENCE $5,000,000 AGGREGATE ---$5,000,000- DED I I RETENTION 5 $ B WORKERS COMPENSATION575902 AND EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNER/EXECUTIVE Y / N OFFICERIMEMBER EXCLUDED? (Mandatory In NH) (ryesdescribe under DESCRIPTION OF OPERATIONS below NIA 4101/2012 041011201 }( WC STATU• OTH- IFR E.L. EACH ACCIDENT $500,000 E.L. DISEASE- EA EMPLOYEE $500,000 E,L. DISEASE -POLICY LIMIT $500,000 DESCRIPTION OF OPERATIONS I LOCATIONS IVEHICLES (Attaoh ACORD 1D1, Additional Remarks Schedule, U more space is roquired) RE: Project #10334A - Well 24 Flush Line Construction Project, located near N. Blue Springs Ave & W. Tumble Creek Dr., Meridian, ID City of Meridian Purchasing Manager ( 33 East Broadway Avenue t` Meridian, ID 83642 ACORD 25 (2010/05) 1 of 1 #S878745/M822873 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE iQme O.Wq✓ ©1988.2010 ACORD CORPORATION. All rights reserved. The ACORD name and loco are registered marks of ACORD M1W THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Endorsement - Table of Contents: Coverage: Begins on Paga: 1. Employee Benefit Liability Coverage.................................................................................................. 2 2. Unintentional Failure to Disclose Hazards.......................................................................................... 7 S. Damage to Premises Rented to You................................................................................................... 8 4. Supplementary Payments................................................................................................................... 9 5. Medical Payments.. ................................................................................................................... 9 6. Voluntary Property Damage (Coverage a.) and Care, Custody or Control LiabilityCoverage (Coverage b.)......................................................................................................... 9 7. 180 Day Coverage for Newly Formed or Acquired Organizations..................................................10 8. Waiver of Subrogation ....... .................................................................................10 9. Automatic Additional Insured - Specified Relationships: ................................................................ 10 Managers or Lessors of Premises; Lessor of Leased Equipment; Vendors; State or Political Subdivisions - Permits Relating to Premises; State or Political Subdivisions - Permits; and Contractors' Operations 10. Broadened Contractual Liability -Work Within 50' of Railroad Property .........................................14 11. Property Damage to Borrowed Equipment.......................................................................................14 12. Employees as Insureds - Specified Health Care Services:............................................................14 Nurses; Emergency Medical Technicians; and Paramedics 13. Broadened Notice of Occurrence......................................................................................................14 B. Limits of insurance: The Commercial General Liability Limits of insurance apply to the insurance provided by this endorse- ment, except as provided below: 1. Employee Benefit Liability Coverage Each Employee Limit: $ 1,000,000 Aggregate Limit: $ 3,000,000 Deductible: $ 1,000 3. Damage to Premises Rented to You The lesser of: a. The Each Occurrence Limit shown In the Declarations; or b. $500,000 unless otherwise stated $ 4. Supplementary Payments a. Bail bonds: $ 1,000 b. Loss of earnings: $ 350 S. Medical Payments Medical Expense Limit: $ 10,000 Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with Its permission. Page 11 of 15 b. Deductible Clause 9. Automatic Additional Insured - Speci- (1) Our obligation to pay damages fied Relationships on your behalf applies only to the amount of damages for each The following is hereby added to SECTION iI - WHO IS AN INSURED: "occurrence" which are in ex- cess of the deductible amount (1) Any person or organization de - stated in Section S. Limits of scribed In Paragraph 9.a.(2) Insurance, 6, Voluntary Prop- below (hereinafter referred to as arty Damage and Care, Cus- additional Insured) whom you tody or Control Liability Cov. are required to add as an add[- erage of this endorsement. The Vona] insured under this Cover - limits of insurance will not be re- age Part by reason of: duced by the application of such deductible amount (a) A written contract or agreement; or (2) Condition 2. Duties in the Event of Occurrence,- Offense, Claim c (b) An oral agreement or con - or Suit, applies to each claim or cer tract where a certificate of Irrespective of the amount Insurance showing that per- (3) We may pay any part or all of the deductible son son or organization as an additional Insured has been amount to effect issued, settlement of any claim or "suit' and, upon notification of the ac- is an insured, provided: tion taken, you shall promptly reimburse us for such part of the (a) The written or oral contract deductible amount as has been or agreement Is: paid by us. 1) Currently in effect or 7. 180 Day Coverape for NewlyFormed or becomes effective during the policy Acquired Organizations pe- riod; and SECTION Ii - WHO IS AN INSURED is amended as follows: 2) Executed prior to an "occurrence" or offense Subparagraph a. of Paragraph 4. is to which this insurance hereby deleted and replaced by the fol- would apply; and lowing: (b) They are not specificaliy a. Insurance under this provision Is of named as an additional in - forded only until the 180th day after sured under any other pro. you acquire or form the organization vision of, or endorsement or the end of the policy period, added to, this Coverage whichever is earlier; Part. /86 Waiver of Subrogation (2) Only the following persons or organizations are additional in - SECTION IV - COMMERCIAL GENERAL sureds under this endorsement, LIABILITY CONDITIONS, 9. Transfer of and insurance coverage pro - Rights of Recovery Against Others to Us is hereby amended by the vided to such additional in - sureds Is limited addition of the following; as provided herein: We waive any right of recovery we may have because of for (a) The manager or lessor of a leased payments we make premises to you with Injury or damage arising out of your on- whom you have agreed per going operations or "your work" done un- Paragraph 9.a.(1) above to der a written contract requiring such waiver with that person or organization provide Insurance but only with respect to liability aris- and included in the "products -completed Ing out of the ownership, operations hazard". However, our rights maintenance or use of that may only be waived prior to the 'occur- part of a premises leased to rence" giving rise to the Injury or damage for which we make payment under this you subject to the following additional exclusions: Coverage Part, The insured must do nothing after a loss to impair our rights. This insurance does not At our request, the Insured will bring "suit' apply to: or transfer those rights to us and help us enforce those rights. 1) Any "occurrence" which takes place after Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission. Page 10 of 16 you cease to be a ten- c) Any physical or ant in that premises. chemical change 2) Structural alterations, In the product made intentionally new construction or demolltlon operations by the vendor; performed by or on be- d) Repackaging, un- half of such additional less unpacked insured. solely for the pur- bj Any person or organization pose of inspection, demonstration, from which you (ease equipment with whom you testing, or the substitution of have agreed per Paragraph parts under In- 9.a.(1) above to provide In- structlons from the surance. Such person(s) or manufacturer, and organizations) are Insureds then repackaged solelyy with respect to their in the original Ilability arising out of the container; maintenance, operation or use by you of equipment e) Any failure to leased to you by such per- make such In- son(s) or organizations(s). spectlons, adjust- However, this insurance ments, tests or does not applyy to any "oc- servicing as the currence" which takes place vendor has after the equipment lease agreed to make or expires, normally under- An person or organization �) � p g takeso to make in the usual course (referred to below as ven- of business, in dor) with whom you have connection with agreed per Paragraph the distribution or 9.a.(1) above to provide rn- surance, but only with re- sale of the prod- ucts; spect to "bodily Injury" or "property damage" ansin f) Demonstration, In- out of "your products" which stallation, serv(c- are distributed or sold in the Ing or repair op- regular course of the ven- eratlons, except dor's business, subject to such operations the following additional ex-performed at the clusions: vendor's premises 1) The Insurance afforded in connection with the sale of the the vendor does not product; apply to: a) Bodily Injury" or 9) after distributs tion or property damage for which the ven- sale by you, have been labeled dor is obligated to or relabeled or used pay damages by reason of the as- as a container, part or Ingredient sumption of Ilabil- ity in a contract or of any other thing or substance by or agreement. This exclusion does not for the vendor. apply to liability for 2) This Insurance does damages that the not apply to any In- vendor would sured person or or- have In the ab- ganizatlon: sence of the con- tract or agree- ment, a) have who qyou u(red such products, or b) Any express war- any ingredient, ranty unauthorized part or container, by you; entering Into, ao- Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission. Page 11 of 15 companying or containing such 2) This insurance does not apply to "bodilyy In - products; or jury", "property Jam- b) When liability in- ciuded within the age" or "personal and advertising injuryarls- "products- Ing out of operations completed o era- dons hazard has has performed for the state or political subdivision. been excluded under this Cover- (f) Any person or organization age Part with re- with which you have agreed per Paragraph 9.a.(1) spect to such products, above to provide insurance, lowing provisions: but only with respect to li- (d) Any state or political subdi- vision with which youhaveadditional ability arising out of "your work" perfogrmed for tha agreed insured b you or above to provide In- surance, subject to the fol- on your behalf. A peron or organizations status as an lowing additional provision: Insured under this provision political subdivision has of this endorsement contin- This insurance applies only ues for only the period of with respect to the following time required by the written hazards for which the state contract or agreement, but or political subdivision has Issued in no event beyond the ex - date a permit in connec- piratlon of this Cover - tion with premises you own, age Part, If there is no rent or control and to which written contract or agree - this insurance applies: ment, or if no period of time 1) The existence, mainte- Is required by the written contract or agreement, a nance, repair, con- strucdon, erection or person or organization's status as an insured under removal of adveiising this endorsement ends signs, awnings, cano- pies, cellar entrances, when your operations for that Insured are completed, coal holes, driveways, manholes, marquees, (3) AnyInsurancevidedi ansu hoist away openings, additional pd designated Hated sidewalk vaults, street under Paragraph gra h 9.a. 2 : banners, or decora- tions and similar expo- (a) Subparagraphs (e) and (fl sures; or does not apply to "bodily injury" or "property damage" 2) The construction, erec- included within the "prod - tion, or removal of ele- ucts-completed operations vators; or hazard"; 3) The ownership, main- (b) Subparagraphs (a), (b), (d), tenance, or use of any (e) and (t7 does not apply to elevators covered by "bodily injur/", "property pand this insurance. damage" or personal (e) Any state or political subdi- advertising Injury" arising out of the sole negligence vision with which you have or willful misconduct of the agreed per Paragraph additional insured or their 9,a.(1) above to provide In- surance, subject to the fol- agents, "employees" or any other representative of the lowing provisions: additional insured; or 1) This Insurance applies (c) Subparagraph (f) does not only with respect to op- apply to 'bodily Injury", eratlons performed by you or on your behalf "property damage" or "per - sonal and advertising injury" for which the state or arising out of: political subdivision has issued apermit, 1) Defects in designfur- nished by or onbehalf Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission. Page 112 of 15 of the additional in- spects any other insurance sured; or policy Issued to the addi- tecturai or engi- available to the addl- 2 The rendering of, or } othe insurance policy shall failure to render, any be excess and / or noncon- professional architec- tributing, whichever applies, tural, engineering or with this insurance. surveying services, in- insurance policy that is cluding: (b) Any insurance provided by primecontraotor-project this endorsement shall be a) The g erovingr o r fail- primary to other Insurance o available to the additional Ing prepare or P P insured except: approve maps, shop drawings, 1 As otherwise rovided ) P opinions, reports, in SECTIONIV - surveys, field or- COMMERCIAL GEN- ders, change or- ERAL LIABILITY ders or drawings CONDITIONS, 5. Other and specifications; Insurance, b. Excess and Insurance; or b) Supervisory, in 2) For any other valid and specdon, archi- collectible insurance tecturai or engi- available to the addl- neering activities. Vona] insured as an !.l ITS OF NSURaCE is amended additional insured by 3 "Your work" for which a } attachment of an en - consolidated (wrap-up) dorsement to another insurance program has insurance policy that is been provided by the written on an excess primecontraotor-project basis. In such case manager or owner of the coverage provided the construction project under this endorse - In which you are in- ment shall also be ex - volved, cess. Only with regard to insurance pro- (2) Condition 11. Conformance to v vided to an additional insured desig- Specific Written Contraot or nated under Paragraph 9.a.(2) Sub- SECTION Agreement is hereby added: paragraph �f) above III - 11. Conformance to Specific !.l ITS OF NSURaCE is amended to Include: Written Contract or The limits applicable to the additional Agreement Insured are those specified in the With respect to additional written contract or agreement or in insureds described in Para - the Declarations of this Coverage g aph 9.a,(2)(f) above only: Part, whichever are less. If no limits are specified in the written contract If a written contract or or agreement, or if there is no written contract or agreement, the limits ap- agreement between you g y and the additional insured plicable to the additional Insured are specifies that coverage for the additional insured; those specified in the Declarations of this Coverage Part The limits of In- a. Be provided b the in- surance are inclusive of and not in surance Services Of - addition to the limits of Insurance fice additional insured shown in the Declarations. form number CG 2010 o. SECTION IV - COMMERCIAL GEN- or CG 20 37 (where edition specified); or ERAL LIABILITY CONDITIONS is hereby amended as follows: b. include coverage for (1) Condition 6. Other Insurance is oompieted operations; amended to include: or /{a) Where required by a written c. Include coverage for "your work"; P contract or agreement, this Insurance is, primary and / and where the limits or cov- or noncontributory as re- erage provided to the add! - Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc,, with Its permission. Page 13 of 15 gone] Insured Is more re- strictive than was specifi- 11. of this endorsement fix the most we will pay in any one "oc- cally required in that written currence" regardless of the (, contract or agreement, the number of: terms of Paragraphs 9.a.(3)(b) or 9.b. (a) Insureds; above, or any combination thereof, shall be interpreted (b) Claims made or "sults" as providing the limits or brought; or coverage required by the terms of the written contract (c) Persons or organizations makinclaims or bring or agreement, but only to"suits"? the extent that such limits or coverage Is included within (2) Deductible Clause the terns of the Coverage Part to which this endorse- a Our obligation pay () l g otion to a dam. ment is attached. If, how- ages o 9 your behalf applies ever, the written contract or only to the amount of dam - agreement specifies the In- ages f excess Services Office are in of the whIcDeductible additional additional insured form amount stated In number CG 20 10 but does Section B. Limits of insur- notsppecify which edition or anoe, 11. of this endorse- mart. The limits insur- specinos an .edition that of does not exist, Pararaphs and 9.a.(3W4) of ance will not be reduced by the application of such De - this endorsement shall not ductible amount. apply and Paragraph 9.b. of this endorsement shall ap- (b) Condition 2. Duties in the ply. Event of Occurrence, Of. fense, Claim or Suit, ap . Broadened Contractual Liability - Work plies to each claim or "suit Within 5o' of Railroad Property irrespective of the amount. It is hereby agreed that Paragraph f.(1) of (C) o t m% payan all Definition 12. "Insured contract" (SEC- d amount TION V - DEFINITIONS) is deleted. effect settlement of any 11. Property Damage to Borrowed Equip- claim or "suit" and, upon notification of the action ment taken, you shall promptly a. The following is hereby added to Ex- reimburse us for such part of the deductible amount as clusion j. Damage to Property of Paragraph 2., Exclusions of SEC - 71011 has been paid by us. 1- COVERAGES, COVERAGE 12. Employees as Insureds - Specified A. BODILY INJURY AND PROP- Health Care Services ERTY DAMAGE LIABILITY; Paragraphs (3) and (4) of this exclu- sion do not apply to tools or It is hereby agreed that Paragraph 2.a.(1)(� of SECTION 11 - WHO IS AN INSUREED, does "em- equip- ment loaned to they not app to your you, provided ployees" who provide professlonal health are not being used to perform opera- tions the time care services on your behalf as duly li. at of loss. censed: b. With respect to the insurance pro- a. Nurses; vided by this section of the en- dorsement, the following additional b. Emergency Medical Technicians; or provisions apply: o. Paramedics, (1) The limits of insurance shown in the Declarations are replaced in the jurisdiction where an "occurrence" by the limits designated in Sec- or offense to which this Insurance applies takes place. tion B. Limits of insurance, ii. of this endorsement with respect 13, Broadened Notice of Occurrence to coverage provided by this endorsement. These limits are gra para p h a. of Condition 2. Duties in inclusive of and not In addition to the Event of Occurrence, offense, the limits being replaced. The Claim or Suit (SECTION IV - COMMER- �. Limits of Insurance shown In CiAL GENERAL LIABILITY CONDI- Section B. Limits of insurance, Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with Its permission, Page 14 of 15 :March , 2013 I DATE: I E-MSTAFF TO I AGENCOY I APPL CANT I NOTES I INITIALS I ACCEPTANCE AG E ENT: IPI,AY F A T N INITIAI, PNT GALI~E Y, E IAN CITY AI,L, This ACCEPTANCE AG E ENT: ISPL,AY F T N INITIAL P INT GALLERY, E IAN CITY ALL ("Agreement") is made on the~~~ day of ~~~,~.~ , 2013 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and David R. Day, an individual person ("Artist"). (City and Artist may hereinafter be collectively referred to as "Parties.") VV AS, the City desires that public art will be a component of Meridian City Hall and to that end, the Meridian Arts Commission issued the Call to Artists attached hereto as Exhibit A, seeking proposals for the display of artwork in Initial Point Gallery, an art gallery on the third floor of Meridian City Hall, the address of which is 33 E. Broadway Ave., Meridian, Idaho ("Initial Point Gallery"); HE AS, in response to the Call to Artists, Artist did submit a proposal, comprised of the materials attached hereto as Exhibit B ("Proposal"), for the display of artwork in Initial Point Gallery; VV E AS, on November 8, 2012, the Meridian Arts Commission ("Commission") reviewed the responses to the Call to Artists, selected Artist's work for display based on the Proposal, and recommended to the Meridian City Council that Artist's artwork, as depicted in the Proposal, be displayed in Initial Point Gallery; 'W E AS, at its regular meeting on December 18, 2012, by the passage of Resolution no. 11-899, the Meridian City Council adopted such recommendation and directed the Commission to work with Artist to establish a display of Artist's artwork in Initial Point Gallery; and VVIIE AS, the Parties acknowledge that Meridian City Hall is primarily a place of public business, that Initial Point Gallery is a public place, and that while the City seeks to encourage artistic expression and public dialogue, the City must simultaneously ensure that Meridian City Hall is a place where citizens, employees, and visitors of diverse ages and perspectives feel welcome and comfortable; NVV, T E F ,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 OI+, SEIt'6TICES. Artist shall personally deliver to Initial Point Gallery, on March 1, 2013, at 9:00 a.m., or at such time and date as is mutually agreed-upon by the Artist and the Gallery Curator, artwork which shall substantially conform to the description of such artwork set forth in Exhibit B hereto. Artist shall be responsible for hanging such artwork on March 1, 2013 at the direction of the Gallery Curator; shall allow the display of such work in Initial Point Gallery from March 1, 2013 to March 29, 2013, in accordance with the terms of this Agreement; and shall be responsible for removal of such artwork on March 29, 2013, 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. C®11~I'EI~SATIOI~ ~~~ S~~,E of A~~wo A. o co pensation. Artist shall display Artist's 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. ~. Sale of artwork. Artist may, at the direction of and in the manner established by the Gallery Curator, passively offer the artwork on display in Initial Point Gallery for sale. No price shall be displayed on or be proximate to any 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 percent (20%) of proceeds from any artwork sold due to its display in Initial Point Gallery. Upon the sale of a piece of artwork on display in Initial Point Gallery, Artist may remove such artwork from the Gallery, provided that Artist replaces the removed piece with another piece of artwork within twenty-four (24) hours of such removal. Artist shall coordinate the removal, replacement, and/or substitution of any and all artwork with the Gallery Curator prior to such activity. III. T'I1~dE ®F' PERFO ANCE. Artist shall provide services described in this Agreement in a timely manner, as described herein. Artist acknowledges and agrees that time is strictly of the essence with respect to this Agreement, and that the failure to timely perform any of the obligations hereunder shall constitute a default of this Agreement. IV. I~rsTALLA~'ION. A. Coordination with Curator. Prior to the installation, removal, replacement, andlor substitution of the display in Initial Point Gallery or any portion or component thereof, Artist shall coordinate any and all such activity with the Gallery Curator. . Inspection of display. Prior to or after installation, the Gallery Curator and/or the City may inspect and/or review the artwork proposed by Artist for display in Initial Point Gallery to ensure compliance with all criteria set forth in the Call to Artists attached hereto as Exhibit A, and the Application and Acknowledgements Form attached hereto in Exhibit B, as well as to ensure that such artwork maybe safely and appropriately displayed in Initial Point Gallery. If the Gallery Curator or the City concludes that the display or any portion or component thereof does not meet the criteria set forth in Exhibits A and 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 removal of such artwork from Initial Point Gallery. Further, the Gallery Curator or the City may require the immediate removal of such artwork from Initial Point Gallery where such removal serves the best interest of the City. ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 2 V. IsP~~~. A. riginal ar ork. Artist warrants that any and all artwork provided by Artist for display in Initial Point Gallery shall be, and is, original work conceived and created by Artist. . Photographs of artwork. City may photograph the artwork displayed in Initial Point Gallery, as City may desire for purposes of advertising, marketing, and public information. Where practicable and to the extent of City's authority, Artist shall be acknowledged on each such photograph to be the creator of the original subject thereof, provided that photographic reproductions of artwork shall not be identified as or represented to be the finished artwor{. C. ITse of Artist's na e. Artist hereby conveys to City permission to use Artist's name for purposes of advertising, marketing, and public information, without violation of Artist's rights of privacy or any other rights Artist may possess under this Agreement, provided that City shall not use Artist's logo, if any, for any purpose without the express, written permission of Artist. I). Ilse of City's na e. City hereby conveys to Artist permission to use City's name for purposes of advertising, marketing, and public information, without violation of City's rights of privacy or any other rights City may possess under this Agreement, provided that Artist shall not use City's logo for any purpose without the express, written permission of the Mayor's Executive Assistant. E. emoval 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 maybe 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 maybe shortened by City for any reason, without notice to the Artist. P. Removal of artwork y Artist. Artist shall coordinate with the Gallery Curator the removal, replacement, and/or substitution of any and all artwork prior to such activity, whether such activity is necessary due to the sale of a piece or for any other reason. G. Simultaneous display. City may elect to display the work of more than one Artist or Organization in Initial Point Gallery at any time, at the City's sole discretion. The manner and arrangement of the display(s) in Initial Point Gallery shall be determined by the Gallery Curator. VI. I~yDE~~yIFICATI®Ng W~rv~R9 ~~rn INSU~.~rC~. A. Indemnification. Artist shall, and hereby does, indemnify, save, and hold harmless the City and any and all of its employees, agents, volunteers, and/or elected officials from any and all losses, claims, and judgments for damages or injury to persons or property, and from any and all losses and expenses caused or incurred by Artist or Artist's servants, agents, employees, guests, and/or invitees. ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 3 ~. Waiver. Artist shall, and hereby does, waive any and all claims and recourse against City, including the right of contribution for loss and damage to persons or property arising from, growing out of, or in any way connected with or incident to Artist's performance of. this Agreement, whether such loss or damage maybe attributable to known or unknown conditions, except for liability arising out of the tortious conduct of City or its officers, agents or employees. C. Insurance Artist's responsibility. City shall not provide insurance to cover loss, theft, or damage of artwork displayed in Initial Point Gallery or to cover any activity undertaken by Artist in the furtherance of Artists' rights or obligations described herein. Insurance of the artwork; of the Artist's person, property, or interests; and/or of the Artist's employees or agents shall be the sole responsibility of Artist. Artist shall obtain all necessary insurance as maybe required in order to protect Artist's insurable interests for its rights and obligations described within this Agreement, including, but not limited to, liability insurance, automobile insurance, worker's compensation insurance, and/or insurance of the artwork to be displayed in Initial Point Gallery. Artist shall bear any and all risks of, and actual, loss of, theft of, and/or damage to the artwork prepared for, transported to, transported from, installed or hung in, and/or displayed in Initial Point Gallery. VII. T~~I~IATION. A. Termination for cause. If City determines that Artist has failed to comply with any term or condition of this Agreement, violated any of the covenants, agreements, and/or stipulations of this Agreement, falsified any record or document required to be prepared under this Agreement, engaged in fraud, dishonesty, or any other act of misconduct in the performance of this Agreement; or if either Party willfully or negligently defaults in, or fails to fulfill, its material obligations under this Agreement; the other Party shall have the right to terminate the Agreement by giving written notice to the defaulting party of its intent to terminate, and shall specify the grounds for termination. The defaulting party shall have twenty-four (24) hours after receipt of such notice to cure the default. If the default is not cured within such period, this Agreement shall be terminated upon mailing of written notice of such termination by the terminating party. . Ter ination 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. . lion-waiver. A waiver of any breach or default of any provision of this Agreement shall not be construed as a waiver of a breach of the same or any other provision hereof. ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 4 VIII. ~EI~EI~L PR®VISI®l~ts. A. elationship of Parties. It is the express intention of Parties that Artist is an independent party and not an employee, agent, joint venturer, or partner of City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Artist and City or between Artist and any official, agent, or employee of City. Both parties acknowledge that Artist is not an employee of City. Artist shall retain the right to perform services for others during the term of this Agreement. B. Co pliance with law. Throughout the course of this Agreement, Artist shall comply with any and all applicable federal, state, and local laws. C. Non®1)iscrimination. In fulfilling or exercising any right or obligation under this Agreement, Artist shall not discriminate against any person as to race, creed, religion, sex, age, national origin, sexual orientation or any physical, mental, or sensory disability. . Entire agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements, promises, or inducements made by either party, or agents of either party, whether oral or written, and whether previous to the execution hereof or contemporaneous herewith. The terms of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. E. Agreement governed by Idaho Iaw. The laws of the State of Idaho shall govern the validity, interpretation, performance and enforcement of this Agreement. Venue shall be in the courts of Ada County, Idaho. I'. Cumulative rights and remedies. All rights and remedies herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law. Likewise, the exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of any other remedy. G. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. . Successors and assigns. Artist shall not subcontract or assign any of Artist's obligations under this Agreement that require or that may require Artist's artistic talent or expertise. Artist may subcontract or assign obligations that do not require Artist's artistic talent or expertise. All of the terms, provisions, covenants and conditions of this Agreement shall inure to the benefit of, and shall be binding upon, each party and their successors, assigns, legal representatives, heirs, executors, and administrators. I. Notice. Any and all notice required to be provided by the Parties hereto, unless otherwise stated in this Agreement, shall be in writing and shall be deemed communicated upon mailing by United States Mail, addressed as follows: ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 5 Artist: David R. Day 5024 Bel Air Drive Boise, Idaho 837fl5 (208) 794-7271 daverday@gmail.com Gallery Curator: Dwight Williams Meridian Arts Commission 33 E. Broadway Ave. Meridian, Idaho 83642 (208) 887-6473 dwight5332~a q.com Ci Emily Kane, Deputy City Attorney City of Meridian 33 E. Broadway Ave. Meridian, Idaho 83642 (208) $98-5506 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. Ilv TI~E~S W E , the parties hereto have executed this Agreement on this 5th day of March, 2013. ARTIST: -, ~- ,. ~ ~` /~` David R. Day ~~'~ CITE' OF 1VI~Y2II~I.AI®t: . ° .- , BY: ~" Tammy de eerd, Mayor ' ~ sT? A Ur~s~ ~lzr~'il ~~ ~ Attest: Cit}~ of Jaycee H an, City Clerk ..j . , If1I.AI~ ~~A~Q ~ ~ ~~ pf f h e 7It E'~~i~~ ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 6 r- ~i I ~ 1: - ~ - ~. - ~ ~~ {~ ~'.~~ 1 i_ /;f% r9 ~r~C~ic~l~ ~Orrirr~issi~rl Call for Artists: 2013 INIfiIAL POINT GALLERY SERIES OVERVIEW: The Meridian Arts Commission (MAC) seeks proposals for the display of two-dimensional and/orthree-dimensional artwork as part of the 2013 Initial Point Gallery Series, a series of one-month exhibitions in Initial Point Gallery. Initial Point Gallery is located on the third floor of Meridian City Hall (33 E. Broadway Avenue, Meridian, Idaho), and is open to the public during City working hours. Initial Point Gallery provides 120 feet of total wall space for hanging two- dimensional artwork, and four enclosed display cases for three-dimensional artwork. MAC requests that artists voluntarily donate 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 professional-quality, ready-to-hang, original art; artwork on paper must be under 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 display cases. No artwork will be displayed which: cannot be safely 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 public. Each piece to be displayed wilt be evaluated for its compliance with these general requirements. Selectees will be asked to enter into an Acceptance Agreement with the City setting forth specific conditions of display. Selectees may reapply biennially. PROPOSAL REQUIREMENTS: Artists or organizations wishing to display work in the 2013 Initial Point Gallery Series must provide the following materials and information to MAC in order to be considered for selection. ® Completed, signed Application &t Acknowledgements form; ® Biography of the artist or informational statement regarding organization; ® Letter of intent; ® Five (5) digital images representational of the works proposed for display, on a CD (for organizations, each image must be of a different artist's work); and ® $35 gallery maintenance fee (nonrefundable). Details and forms are available at the City's website, http://www.meridiancity.org or upon request. Limited assistance 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 26, 2012. SELECTION PROCESS: The selection of art for the 2013 Initial Point Gallery Series will be made by MAC. MAC will notify Selectees by letter sent U.S. Mail. In evaluating eligible proposals, the following factors will be considered: ® Quality of work; Appropriateness of subject and concept for a functioning government workplace; ® Consistency with City policy and community values; and ® Contribution to aesthetic and cultural atmosphere of Meridian City Hall. RESOURCES PROVIDED UPON SELECTION: The City of Meridian will provide selected artists/organizations with the following resources: ® 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: 2013 Initial Point Gallery Series 33 East Broadway Avenue Meridian ID 83642 macC~meridiancity. org --, ~ - U O - ~' _1 .. ...'- j -.. jfF~ ~ ~. , --iil L '~ M ~: Y` I C~ l Ci (l ~ O (Yi (1~i I S S (C3 f1 r, l~~ tin ~l ,~ ~ts® ~ 3 I I I ~ I ARTIST/ORGANIZER CONTACT INFORMATION: Check one: D I am submitting fihis form as an individual artist. ^ I am submitting this form on behalf of an organization. Artist/Org. Name: Organizer name: E-mail address: Mailing Address: physical Address: Phone numbers: daverd~G~mail.com 5024 Bel .t~..ir Dr. 83705 Same Day: 208 794-7271 Evening: Cell: APPLICATION OVERVIEW: Check all that apply: ^xl/we propose to fill one half of Initial Point Gallery with two-dimensional artwork. ^ I/we propose to fill the entire Initial Point Gallery with two-dimensional artwork. ^ I/we propose to fill these display cases with 3D artwork: ^ 24"WxZ4"Dx42"H ^ 24"Wx24"Dx36"H ^ 24"Wx24"Dx30"H ^ 24"Wx24"Dx24"H Number of 2D pieces: 24 +/- Average size of 2D pieces: 15x20 Number of 3D pieces: ~ Average size of 3D pieces: APPLICATION MATERIALS: ® Completed, signed Application ~. Acknowledgements Form ® Biography of artist or informational statement regarding organization, no longer than one 8'/z x 11" page; ~ A letter of intent, describing: a. Artist/Organization's vision for and/or theme of the proposed display; b. Number, dimensions, prices, and medium or media utilized in the works to be displayed; c. Any publicity that the Artist/Organization plans to undertake if selected; and/or d. Any atypical issues or challenges regarding hanging or display of the works proposed for display. ~1 Up to five digital images of work representational of the artist's/organization's work on a CD, resolution of 300 dpi at a minimum size of 5x7", in .jpg format. Please name each image file with artist's last name or organization name and the title of the work (e.g.: name.title.jpg). Materials submitted wilt not be returned. Damaged or non- compliant CDs and/or images will not be considered. Images wilt not be accepted via e-mail. ® $35 gallery maintenance fee, check made payable to the Meridian Arts Commission. This fee is nonrefundable. ®1SPLAY INFORMATION: Initial Point Gallery is equipped with a track system for hanging two-dimensional artwork. Two-dimensional artwork will be hung from cables, using hooks, and therefore must be equipped with two D rings (fig, 1) an the side rails on the back of the frame (fig. 2). The inside of each D ring must allow a space of at least one-quarter inch (~/ ") for insertion of the hooks; any wire constricting this space must be removed. The D rings should be approximately a quarter of the distance of the total frame height from the top of the frame in order to avoid slanting away from the wall. Wires, eyehooks, and clip frames may not be used for hanging. Initial Point Gallery also provides four display cases, each with different dimensions (fig. 3), for displaying three-dimensional artwork. .- f ... 5' 2 ~~ ~~~ r -~~ ~~ Vii. ~ r'"~.~.~'~'`r ~` ~4 ~~ /~~ FtG. '(. D RING _I ~..._.__ r_ ~~~ ;,~, ~~` ~ < ~ ~, i I I` 1- -~ FfG. 2. BACK OF FRAME -- .._. ~ . ~. . - --. ~ ..I - _. ~ ~ ~. ter- .~~ a ~ ~ ~ ••+1 • ~ ~) FIG. 3. 3D ART DISPLAY CASES ~~ ~ t.S i~ ~~rJ~~a~q~cr~ ~ ~~a~~~~~ fr° ~~d ,~ Hello, and thank you the interest iri the art work of David. R® Day. As an Idaho native I would enjoy displaying my work in N~eridi~.n. This display space is well suited for my unique take ors Idaho and the westFs beauty, not just the majestic vistas, but the subtler details of its architecture and history. I would be displaying work framed and gallery wrapped sized from 8 inches square to mucr larder triptychs, can rases and metal work> Prices ranging from $75.0 to $1200.004 ff,~l4~afr'~•`f `l Jr~1 7 ~,' t ~: -7 r?~I ~~; ~ 1,.~ i _. ~' Sul ~ ~ .~~ . ... ~~ --~._r' --- .- ~~ r_ . 1 ~~ I- _ ~- _. - ~ -~g °~.~ ... _ ~ ,,_ -_ -~~ - ARTIST STATE'ME1VT ®(2m$) 79Q~-727 Photography is a quest, an adventure. With a curious eye and a bouncy yellow lab, the search continues. Powerful images can be found anywhere and !love the journey to find them. I afters seelr oul images from the past mid-century, scenes portraying the style and essence of that period. A perfect black staircase slashing down the back of a red urban landscape, a frigid ,Horning scene framed by an old barn, or the romance of rust .against the chrome of an aging gas pump. Over the next hill or around the next corner, compelling scenes and tableaus await an artist`s eye -- each image evoking a story. Gotta go ~ there's new art waiting to be discovered. Warehouseman, camera store clerk, real estate broker, bartender, small business owner, radio station sales manager -and then I turned 3Q, After that, highlights include magazine editor, radio show announcer/producer ("The Blues Highway"), freelance writer and designer. I began focusing an photography in my 40s, bartending to support my family until I could make it full time. Recent photography related experience includes several seminars and classes, and a pivotal Ansel Adams Gallery class taught by Keith Walklett in Yosemite. Numerous national and regional magazines feature my photography, including books and websites. Popular Photography and Ford Motor Company chase one of my images in an ad campaign contest. Another of my recent ad campaigns won the Idaho Ad Federation's ROCKIE award. Boise Postcards, commissioned by Farmers and Merchant State Bank hangs in the main branch in downtown Boise. Mountain West bank also displays a group of my historic Chemed Boise photos in the lobby of its downtown branch. Additional work graces walls throughout the country -from college dorms to New York brownstones, ArtistlBoard Member-Art Source Gallery, Boise, ID 212011 Juried Artist-1000 Springs Art Fair 9/2012 Presenter- )daho Scholastic Awards 2/ 2012 Winner- Idaho Ad Federation's ROCKII= award 2011 Presenter-Idaho Photographers Workshop- 2i 2012 Member Artist-Boise City Capitol Market Boise, Idaho -2005-Present Juror-Boise Camera Club End of Year Photography contest 1/2011 Juried Artist-Ketchum Art Fair 7/2011 Juried Artist-Art in the Park 1012010-2011 Assistant Teacher -Orcher Institute Boise State University 6/2010 Solo Featured Artist-Initial Point Gallery-City Hall, Meridian ID 2/2011 Solo Featured Artist-Art Source Gallery 1005 Main, Boise (D 3/201, 1012012 Solo Featured Artist-St. Luker Gallery, Eagle ID 1/2810 Solo Featured Artis#-Eagle City Haii, Eagle, ID 612010 Member-Gallery 55 McCall ID-11/2010-12/2011 Founding Member-Art 4Art Boise 2007-2009 Finalist-Great American Ford Contest-200 ACKNOWLE®GMENT•5: ~~ ~~-` ~~,.•.~m..~r ~f. ,hereby acknowledge the following stipulations and agree that if this proposal is elected for display at Initial Point Gallery, such display shall occur subject to these general terms and conditions, as ll as subject to other specific terms and conditions that shall be set forth in a separate, written Acceptance .,greement between myself and the City of Meridian. I specifically acknowledge that: r~~„.°`'. A. Before my work will be displayed in Initial Point Gallery, I will be required to enter into an Acceptance INITIAL` r,: ''-'r B. t ~ - INITIAL ~~ .,~. ,rJ.. r'~ ~..~=' C. INrrrAL~. INITIAL °~ ~f ~-. a; ,; *-' E. INITIAL' ,~ :,: INIT'IAI:_, _~ ~ 1 i r . ,y ~ ,.f IAL "~~~' - INITraL Agreement with the City of Meridian establishing the spec7f~c terms and condTt~ons of the d>splay of the particular works displayed. If my work is selected for display in Initial Paint Gallery, the City of Meridian and its agents will exercise professional care in handling and securing all artwork displayed in Initial Point Ga[[ery, but cannot and will not assume liability for any toss or damage. Any insurance of the artwork displayed in Initial Point Gallery shall be the sole responsibility of the artist. The City of Meridian shah not provide insurance to cover loss, theft, or damage of artwork displayed in Initial Point Gallery, While artwork displayed in Initial Point Gallery may be passively offered for sale by means of an informational table, board, or handoufi as provided or allowed by the City of Meridian, no piece displayed in Initial Point Gallery may have a visible price tag. While it is intended that each exhibit in Initial Point Gallery wilt be displayed for aone- to two-month period, this period may be shortened by the City of Meridian for any reason, without notice to the artist or organization. The City may display the work of more than one artist or organization in initial Point Gallery at any time, at the City's sole discretion. Artwork submitted for display in Initial Point Gallery must be original works conceived and created by the artist {or by artist members of the organization) submitting this application. F. G, H. Meridian City Hall is primarily a place of public business and Initial Point Gallery is a public place. The City seeks to encourage artistic expression and public dialogue, but must simultaneously ensure that City Hall is a place where citizens, employees, and visitors of diverse ages and perspectives feel welcome and comfortable. To this end, only artists and artwork meeting the eligibility standards described in the Call for Artists and following the terms set forth in the Acceptance Agreement shall be displayed in Initial Point Gallery. I do acknowledge and understand each and all of the foregoing stipulations and do agree to these general terms and conditions. ~~ f~ Signature: -•'fc.s ~"~ Date: .~~"~~'' •~~` r F • G k -,~ y..F• j°~=- c ~ s~'`~ Print name: ~~ ~~~ ~~ <r ~~f ~~., ~',.. ~~ . ~ ~- r 1"o prop®se an exhibition in Initial Point Gallery, please submit this forr>n, completed in full, wifih the required materials and fee, via U,S. mail, to: Meridian Arts Commission Attn: Initial Point Gallery 33 East Broadway Avenue Meridian 1D 83642 Thank you for your interestl ~~~ / II --._ _.._. --_~ t ~ ~r~~ ~! i~'~ Meridian ~~ Camm~sslon / % DATE: I E_MSTAFF TO I AGENCY I APPLICANT I NOTES I INITIALS IhTT Eh1CY DOVE ETAL AGREEMENT F R WAIVER OF COSTS AND FEES THIS INTERAGENCY GOVERNMENTAL AGREEMENT FOR WAIVER OF COSTS AND FEES ("Agreement") is made and entered into this -~ day of ~avcG-., , 20 t 3, by and between the Joint School District No. 2, an Idaho school district and body politic and corporate of the State of Idaho ("District") and the Clty of Meridian, an Idaho municipal corporation ("City"). RECITALS A. District is a Joint School District organized and. operating pursuant to Idaho Code Title 33. B. City is a public entity organized and operating pursuant to Idaho Code Title 50. C. District anal City serve largely the same constituencies, comprised of the same taxpayers. D. District and City each charge various fees for certain services that they provide. E. In furtherance of mutual partnerships, District and City desire to enter into a mutual fee waiver agreement whereby neither party may be obligated to pay certain specified .fees or charges to the other. F. Idaho Code § 67-2332 provides that one or more public agencies may contract with any one or more other public agencies to perform any governmental service, activity, or undertaking which each public agency entering into the contract is authorized by law to perform, provided that such contract is authorized by the governing body of each party and that such contract shall set forth fully the purposes, powers, rights, objectives and responsibilities of the contracting parties. G. District and City are both "taxing districts," as defined by.Idaho Code § 63-201. H. In consideration of the above, the purpose of this Agreement is to set forth in writing the parties' agreement that neither pa~~ty shall be obligated to provide certain specified fees or charges to the other during the term of this Agreement as further set .forth below. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, the parties do mutually undertake, promise, and agree as follows: INTERAGENCY GOVERNMENTAL AGREEMENT FOR WAIVER OF COSTS AND FEES - 1 ECTI to PiT SE Ali PVVE S/IC TI~1 F CITAI,S In accordance with Idaho Code § 67-2332, the purposes, powers, rights, and objectives of each of the parties are as set forth in the Recitals above. Each of the Recitals above are incorporated into the body of this Agreement. ~F,~:'TT1~T 2. N PAYMENT F CE TAI FEES 2.1 Certain Fees Waived. During the Term (defined below) of this Agreement, except as otherwise agreed in writing and signed by both parties, neither party shall be obligated to pay to the other the specified fees, impact fees, charges, or any other types of expenditures (each of the foregoing defined herein as a "Fee") for the services specified herein. 2.2 City Fees Waived. 2.2.1 Impact Fees that would otherwise be assessed pursuant to Meridian City Code Title 10, Chapter 7 are waived. 2.2.2 Planning Administrative Review Application Fees waived: Accessory Use Alternative Compliance Certificate of Zoning Compliance Certificate of Zoning Compliance Verification Conditional Use Permit Minor Modification Design Review Private Street Property Boundary Adjustment Time Extension (Director) Vacation (non-Council) 2.2.3 Planning Fees for Commission & Council Review Applications waived: Alternative Compliance Annexation and Zoning Comprehensive Plan Map Amendment Comprehensive Plan Text Amendment Conditional Use Permit Conditional Use Permit Modification Design Review Development Agreement Modification Final Plat Final Plat Modification Planned Unit Development INTERAGENCY GOVERNMENTAL AGREEMENT FOR WAIVER OF COSTS AND FEES - 2 Preliminary Plat Private Street Rezone Short plat Time Extension (Commission or Council) UDC Text Amendment Vacation (Council) Variance 2.2.4 Certain~ercenta~es of Building and Trade Permit Fees waived. The percentage of the fees specified below shall be waived under this agreement. The portion of the fees that must be paid (not waived) represent hard cost amounts paid by the City to its independent contractors for plan review and inspectors 70% of Building Permit Fees - (Inspection) are waived. 90% of Building Official Fees - (Building Official Services), are waived. 27% of Commercial Fire Code Plan Review Fees are waived. 27% of Cooking hood fire extinguishing systems permit fees are waived. 27% of Commercial Fire Alarm Systems permit fees are waived. 27% of Commercial Fire Sprinkler Systems permit fees are waived. 27% of Fire Sprinkler Systems for Commercial Tenant Improvements, Remodels and Upgrades permit fees are waived. 27% of Underground Tank Installations permit fees are waived. 27% of Hazardous Material Storage Review & Inspection permit fees are waived. 27% of High Pile Combustible Storage Review & Inspection permit fees are waived. 35% of Mechanical Permit Fees - (Plan Review & Inspection) are waived. 35% of Electrical Permit Fees - (Plan Review & Inspection) are waived. 40% of Plumbing Permit Fees - (Plan Review & Inspection) are waived. Other City "hard costs" for services are n®t waived under this agreement. These costs include but are not limited to utilities (water, sewer, reclaimed water), and the cost of providing utility meters. 2.3 District Fees Waived: 2.3.1 Gymnasium use fees at Meridian Middle School Wes Lowe Gym, Heritage Middle School practice gym, Paramount Elementary Gym, and Meridian Academy Gym. 2.3.2 Gymnasium use fees for new construction gyms at Willow Creek Elementary and Stoddard Middle School ("main gymnasium" at Stoddard or at Heritage). INTERAGENCY GOVERNMENTAL AGREEMENT FOR WAIVER OF COSTS AND FEES - 3 2.3.3 Auditorium use fees at Meridian Middle School, up to five (5) times per year, except for "hard costs" associated with wage costs of District personnel who would not otherwise be on site for the event. 2.3.4 Fees for two summer camp sites, one in North Meridian, at Prospect Elementary, and one in South Meridian at Sienna K-8, with the exception of those times when the facilities are closed for maintenance in which case District shall provide a geographically suitable alternative site until such maintenance work is complete. 2.3.5 Classroom fees for uses related to City Parks and Recreation Activity Guide classes. 2.3.6 Other facility use fees as agreed upon in writing by the Parties. 2.4 District to Provide City Certain Priority Uses. The City shall receive priority use at the school gymnasium facilities where fees are waived pursuant to the terms of the "Memorandum of Agreement for Joint Use of Sports Facilities" (hereinafter the "Joint Use Agreement") executed by the parties on the 9th day of November, 2010. The Joint Use Agreement shall be amended to reflect the priority uses at the New Construction Gymnasiums as set forth in Section 2.3 of this Agreement. 2.5 District to be Held Harmless for Damage Caused by City Use. Pursuant to the Hold Harmless and Indemnity Agreement executed by the parties in August, 2007, City shall be responsible for any damage caused by City's use of District facilities under this Agreement. A copy of the Hold Harmless and Indemnity Agreement is attached hereto as Exhibit A. ~ECTIl~ 3. EFI'ECTVE AT'E/'I'E AN TE INAT'I I~t 3.1 Effective Date. This Agreement shall become effective upon the date upon which both parties' governing boards have authorized it (the "Effective Date") pursuant to Idaho Code § 67-2332. 3.2 Term and Termination. The term of this Agreement shall be five (5) years (the "Term") after the Effective Date unless it is terminated earlier as follows: Either party may terminate this Agreement upon sixty (60) days' written notice to the other, provided, however, that any Fees that would have been due and payable by the terminating party eighteen (18) months prior to the date of termination that were not owed due to the existence of this Agreement shall become immediately due and payable and paid on the date of termination of this Agreement. Subject to the foregoing, upon termination of this Agreement, neither party shall have further recourse hereunder except with respect to the payment of Fees as set forth in this Section 3.2. The term of this Agreement may be extended by written mutual agreement of District and City. INTERAGENCY GOVERNMENTAL AGREEMENT FOR WAIVER OF COSTS AND FEES - 4 SECTN 0 GENE L PIZ VISINS 4.1 Constitutional Debt Limitation. Nothing in this Agreement shall be construed to be an indebtedness or liability in violation of Article VIII, Section 3 of the Idaho Constitution. 4.2 Attorney Fees. In the event of any controversy, claim, suit, proceeding or action being filed or instituted between the parties to enforce the terms and conditions of this Agreement, or arising from the breach of any provision hereof, the prevailing party will be entitled to receive from the other Party all costs, damages, and expenses, including reasonable attorneys' fees including fees on appeal, incurred by the prevailing party. The prevailing party will be that party who was awarded judgment as a result of trial or arbitration. 4.3 Choice of Law. The validity, meaning, and effect of this Agreement shall be determined in accordance with the laws of the State of Idaho. 4.4 Entire Agreement. This Agreement and the exhibits hereto constitute the full and entire understanding and agreement between the parties with regard to the transaction contemplated herein, and no party shall be liable or bound to the other in any manner by any representations, warranties, covenants and agreements except as specifically set forth herein. 4.5 Binding Agreement. The promises, covenants, conditions, and agreements herein contained shall be binding on each of the parties hereto and on all parties and all persons claiming under them or any of them; and the rights and obligations hereof shall inure to the benefit of each of the parties hereto and their respective successors and assigns. 4.6 Severability. If any part of this Agreement is held to be illegal or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall be given effect to the fullest extent reasonably possible. 4.7 Waiver, Acknowledgments and Modifications. The failure of a party to insist on the strict performance of any provision of this Agreement or to exercise any right or remedy upon a breach hereof shall not constitute a waiver of any provision of this Agreement or limit such party's right to enforce any provision or exercise any right. No acknowledgments required hereunder, and no modification or waiver of any provision of this Agreement or consent to departure therefrom, shall be effective unless in writing and signed by District and City. 4.8 Headings. The headings used in this Agreement are used for convenience only and are not to be considered in construing or interpreting this Agreement. 4.9 Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but both of which together shall constitute one and the same. INTERAGENCY GOVERNMENTAL AGREEMENT FOR WAIVER OF COSTS AND FEES - 5 4.10 Limitations on Liability. The parties hereto agree that nothing herein contained shall be construed to create a joint venture, partnership, or other similar relationship which might subject any party to liability for the debts and/or obligations of the others, except as otherwise expressly agreed in this Agreement. 4.11 Time is of the Essence. Time shall be of the essence for all events and obligations to be performed under this Agreement IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. City CITY OF MERIDIAN ~- ~ By: Tamm eerd Its: Mayor- ~.TTEST: by: Jaye L. Holman Its: City Clerk District: Joint Scho 's i ~t No. 2 By ~" r, inda Clark, Superintendent INTERAGENCY GOVERNMENTAL AGREEMENT FOR WAIVER OF COSTS AND FEE5 - 6 DATE: I E-MSTAFF TO I AGENCOY ( APPLICANT I NOTES I INITIALS DATE: ( E-MSTAFD TO I AGENCY ( APPLICANT ( NOTES ( INITIALS ii i :March 5, 2013 DATE: E-MAILED TO SENT TO SENT TO NOTES INITIALS STAFF AGENCY APPLICANT :March 5, 2013 • M 1 ®005 IT IL vanugh Resolution No. : CPAM 12-005 Cavanaugh by W.H. Moore Company Located Southeast Corner of S. Meridian Road and E. Victory Road Request: Amendment to the Comprehensive Plan to Change the Future Land Use Map Designation on 32 +/- Acres of Land from Mixed Use Neighborhood with a Neighborhood Center Overlay to Medium Density Residential; and From Medium Density Residential to Medium High Density Residential DATE: I E-MSTAFD TO I AGENCY I APPLICANT ( NOTES I INITIALS ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 3 BOISE IDAHO 03106113 12:16 PM DEPUTY Vicky Bailey RECORDED-REQUEST OF III IIIIIIIIIIIIIIIIIIIIIIIII Meridian Ciry i 1:,24126 CITY OF MERIDIAN RESOLUTION N BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREA E AS, 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 be expedient, in addition to the special powers therein granted, to maintain the peace, good government and welfare 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 02-3 82; and WHEREAS, the Mayor and Council have deemed it appropriate to amend the future land use map (FLUM) contained in the Comprehensive Plan to change the land use designation on 10.77+/- acres of land from Mixed Use Neighborhood (MU-N) with a Neighborhood Center (N.C.) overlay to Medium Density Residential (MDR); and 16.32+/- acres from Medium Density Residential (MDR) to Medium High Density Residential. Said land is known as Cavanaugh (aka Red Tail), located southeast corner of S. Meridian Road and E. Victory Road, Meridian, Idaho, Ada County; 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. NOW, THEREFORE, BE IT SOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF E IAN, IDAHO AS OLLO~VS® COMPREHENSIVE PLAN AMENDMENT FOR FUTURE LAND USE MAP - CAVANAUGH CPAM 12-005- Page 1 of 2 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. 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 day of 2013. APPROVED by the Mayor of the City of Meridian, Idaho, this ~ ~ day of a ~.. , 2013 . APPROVED: ~~ Mayor Ta»>>ny de Weerd ~:_ ~C~~~'SF D A UG~S ATTEST: ~~~Q~-` ~'~~~~ City vl o ~(' E I~I~ I~~ I~~~, ~ By: s _ E Jaycee I ~ . I Tolman, City Clerk '~ "~~, ~~~, ti ~T~~ ~~ti ~f ~11p 1'R[~~~'~~~ COMPREHENSNE PLAN AMENDMENT FOR FUTURE LAND USE MAP - CAVANAUGH CPAM 12-005- Page 2 of 2 Exhibit A: Existing & Proposed Future Land Use Map Designations ~.~~ _, E . . ,~ 5 ~, ~ ~'~-- ~ ~ '~ ~~ ~~ I i' ~`rti ~~'~, .' r ~,y" r i t t ~: t r ~ v ~ - +S~ ry E' _ ___ ' ' .. ~~ _ ~ ~'` ,~ t i ~ - - ,. . . i ` ~1 +~__ H F~~_$ ~ ~ ~ s. ~ I .~ _- d i ~~ ' ' ~ ~ r A ~~ P ) y~l ~- ~ 1 3 ~zt~~ti~Y,'I ~~~a _'(_ H~ _. ~ ,. ~ I ~ ~ ~ X1 59 ~ ~~S ~ ~ ~ 1 5 i ~ 1 ~ _ ~~~~ ~~~~ 1 ,~ ~ ~ ~; . , ~,3 ~ _ ,. ~ a ' ~ - -~ ' p },, _ _ _ ~F ~~ ~ ~ __ __ '« ~ ± ~ J 1 1 4 .r_. .P . -r qua @~~? _ _ t .'9~ ~ ~1~ a }~ ~; :. r '-. ~r~~~ '11!4,,1 .e 4~ . ~.__~~ 1 ~ _ ~ ~ F e ~, ' 5 t ~ ~ ~ ~ ~~ ~~} z ~ :~ hj ~ { F ~ _ I '1t 3~ i ~~ ~ i ~ 1 ~; ~ ~ ~ ~1 ?1?1?1 ~ {~ I ~ f ~~ S ~ t # ~1 ji r 3 ~ j !i ~ ~ 1 I ~ v ( i' $ _ _ I ~ t ~~ ~ ~ ~~ ,: ~ j. ~,Y ~~ ~ 3 ~~ ~ 1 ~ y,1 fi ~ + 7 a ~ ~ 3 ,.,~ ~, ~~ ~ ~ 3 0 ~ .. ~~ : `'~ ~, P ~ ~~~1 is ~ iw_.-. ~~1`It~.~ E '~ ~ i ~" _ t ~ CJL ~ 1 t £ " -' r- - - 7 " ~ - i 1 ~ _ " ,~ ) , ., ., - ! i I .,~ ~ ,: _ 1 e i 1 (( ;-_~ -- ; Cavanaugh CPAM 12-005 DATE: I E_MSTAFF TO I AGENCY I APPLICANT i NOTES I INITIALS ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 3 BOISE IDAHO 03106/13 12:16 PM DEPUTY Vlc~, Bailey II I IIII IIIII I IIIIII IIII III IIII I II I III RECORDED-REQUEST OF Meridian Ciry i 13~2~ 125 ~~ CITY OF MERIDIAN RESOLUTION NO. ~ ~ ®4' BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA A SOLTTTION F THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN TO AMEND THE FUTURE LAND USE MAP OF THE 2002 COMPREHENSIVE PLAN FOR 4.51 ACRES KNOWN AS THE LARKSPUR WEST LOCATED AT 105 E. EDONDS, 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 be expedient, in addition to the special powers therein granted, to maintain the peace, good government and welfare 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 02-3 82; and WHEREAS, the Mayor and Council have deemed it appropriate to amend the future land use map of the 2002 Comprehensive Plan for approximately 4.51 acres of land from Low Density Residential to Office (1.01) and Medium Density Residential (3.50). Said land is known as Larkspur West and is located at 105 E. Edmonds Court, Meridian, Idaho, Ada County; and W EREAS, 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. 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 f le in the office of the City Clerk. COMPREHENSIVE PLAN AMENDMENT FOR FUTURE LAND USE MAP -LARKSPUR WEST CPAM 12-006- 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 f day of 2013. APPROVED by the Mayor of the City of Meridian, Idaho, this ~ ~ day of 2013. APPROVED: _. ~.~ ~s ~: _ Mayor Tan~n7y de Weerd ATTEST: By: ~ s Jaycee T.`. Holman, City Clerl 4~0~ ~;X~~r~ ~ tr~r~,`~ s G~ r1 ''.r, '~ o~, `~ of ~ ~f~ E IDI~.I~- ~F ~~~~, w ~' y T~~ V ~ti ~~FGe TREhS«~~' ~~ COMPREHENSIVE PLAN AMENDMENT FOR FUTURE LAND USE MAP -LARKSPUR WEST CPAM 12-006- Page 2 of 2 Exhibit A: Adopted and Applicant Proposed Future Land Use Map Designations ,- '~ - - ~ '~ic~ ~" ~ t- ~~ ~~„ =~J ~ave Bear St ~~~ ~ d~ ~ ~ ~~ ~ ~ ~ L~ f ~ ~ ~: S~' dy ~ I b ~ _._ - . L ~, >. ~ °t l_~ >: I ~ z -; ~;_ ~+ - ~-~ i _ ~.~ _ i _ ~° _ - - -t ~ ~ ~- ~ I ~r C. Proposed Land Uses _ , : - ;,~s~ ~ -. ~"~t~ ~~ ~:- ~ ~, U ~ -i ~ r! t ~ t n ~ ~ J~ 1 f~ ~t_3 ir;~ ~ , ` ~, ; ~ 3: ~i~ .~; ~ ;t +,h 3 1 .. r ~ „~~ xa ~ ~~ :~ - -- ~~ l `~ ~ ~ ' ~~~ `~ l ~ __ ~ - - r ~~. ~b ~- ~~.j ~ ~ _ C t t Y ~ T a r~ ~ ' k j _ -_ f t ~- ~ -- ~. ' ~, c t"~ ~,.q~ p ~ ~ . d ..: vrj- ~.. t ~ ~ !,, \ ~:Il a: ~ _ ~ ~ ~~ S ~~~~x ~ n L;U , ' I ~ 1 March 5.2013 DATE: I E_MSTAFF TO ( AGENCY I APPLICANT I NOTES I INITIALS ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 3 BOISE IDAHO 03106113 12:16 PM DEPUTY Vicky Bailey flECORDED-REQUEST OF III IIIIIIIIIIIIIIIIIIIIIIIIIIIIIII III Meridian Ciry i i ~~+2412~ CITY OF E DIAN SOLUTION ~ v Y E CITY COUNCIL: I , AGLUN, ROUT A A A LUTION VACATING T E PUBLIC WATER EASE ENT PLATTED WHEREAS, on February 19, 2013 the City Council of Meridian, held a hearing on the vacation of the public water easement platted on Lot 4, Bloclc 1 of Southeast Marketplace Subdivision No.2 located on the Southeast Corner of East Ustick Road and N. Eagle Road in the Northwest 1/4 of Section 04, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, and E AS, after such hearing, the City Council, by formal motion, did approve said described vacation; and NOW TEREFO E IT + SOLVED BY T E MAYOR AND CITY COUNCIL OF THE CITY OF DIAN CITY, IDAHO: Section 1, That the public water easement platted on Lot 4, Block 1 of Southeast Marketplace Subdivision No.2 located on the Southeast Corner of East Ustick Road and N. Eagle Road in the Northwest 1/4 of Section 04, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho is hereby vacated. A copy of the necessary relinquishment is attached as Exhibit "B". Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approval. VACATION -SOUTHEAST CORNER MARKETPLACE SUBDIVISION NO. 2 -VAC 13-001 Page 1 of 2 PASSE BY THE CITY COUNCIL OFT E CITY OF E IAN, I AO, this ~ - day of ,~ ~ ~ ~• ~ , 2013. APPROVED BY 'I' E AYOR OF THE CITY F E IAN, IDA , this ° day of ~" , 2013. ID Mayor a ''~ de eerd STATE OF IDAHO, ) ss County of Ada ) On this day of ~~~~'C~ 2013. 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. ® ~- (SEAL) N RY PUBLI~'JFOR ID~~I~ RES ING AT: P;~~c~ I Gt ~ (I~ ' _ MY COMMISSION EXPIRES: ~ ~ ~c~ d ~ VACATION -SOUTHEAST CORNER MARKETPLACE SUBDIVISION NO.2 -VAC 13-001 Page 2 of 2 Exhibit B -- ___ _ - s ~ ~ ~ ]_~+ ~ "lit 1 !,' ~ ''' t` i', ~ lJ { ~ ~ i - i ~!~ ~ - - ~ ~ E !~ _~ 3 ~ r ~ , ~ - i' s ~~ _ _ ,_ i i~ _ ~ i _ t~, a t ~ l r. , . ,. _ ~ ~ ~_ ~ _ ~ ~, _ ~~ ~~ I ~; ~ I l~ _ ~ ~,~ ~ i I~ I.i ~ , ,,!'._ I - ~ i _~ ~' ,,l~i , ' ~ -- _ , -- -- __ ~ ~ -- ,. _ _w_ M.. ~ ~ .T _ _ _ ~ is ., _ ~ ~ _ _~. ..~_ ~ _ --- ___ _- ~ w_ ~.. _ - __-- ~ __ ~ i ~ -- -___ . m _~ w_ ~..__ _ _ _ __ :March 5, 2013 I ITL Resolution No. / ~ :Authorizing the City Clerk to Destroy Certain Semi- permanent and Temporary Records of the Meridian Police Department. DATE: I E-MSTAFD TO I AGENCY I APPLICANT I NOTES I INITIALS CITY OF ME DIAN RESOLUTION O. BY THE CITY COUNCIL: BIRD, HOAGLU, ROUNTREE, ZAREA A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN AUTHORIZING THE CITY CLERK TO DESTROY CERTAIN SEMI- PE ANENT AND TEMPORARY RECD S OF THE ME DIAN POLICE DEPARTMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Mayor and City Council have the authority pursuant to Idaho Code section 50-907(4) to, by resolution, destroy semi-permanent and temporary records, upon the advice of the City Attorney, and with such disposition to be under the direction and supervision of the City Clerk; and WHEREAS, the City Clerk has identified certain semi-permanent and temporary records that may be destroyed pursuant to Idaho Code sections 50-907(2) and (3) because the time period for retention of such records has expired; NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That the City Clerk is hereby authorized to direct and supervise the destruction of the following semi-permanent and temporary records of the Police Department: POLICE YEAR(S) DESCRIPTION 1. Semi-permanent Animal Control Records 07/01/2006 to 12/31/2006 Includes Animal Complaint Reports for lost dogs, dogs and cattle at large, barking dogs, and cruelty to animals 2. Temporary Impounded & Abandoned 07/01/2006 to 12/31/2006 Includes Abandoned/ Impounded Vehicle Records Vehicle Reports Accident Reports 07/01/2006 to 12/31/2006 Includes Motor Vehicle Accident Reports Arrest Warrant Records 07/01/2006 to 12/31/2006 Includes Arrest Warrant Reports Juvenile Temporary Custody 07/01 /2006 to 12/31 /2006 Includes reports of juveniles Records taken into custody Lost & Found Property 07/01/2006 to 12/31/2006 Includes Lost and Found Property Records Reports Neighborhood Dispute 07/01/2006 to 12/31/2006 Includes Complaint Reports of Resolution Records incidents of noise, harassment, shooting guns in subdivisions, trespass, insufficient checks, and disturbances RESOLUTION AUTHORIZING DESTRUCTION OF POLICE DEPARTMENT RECORDS PAGE 1 OF 2 Section 2. That the City Clerk is authorized to take all necessary steps to destroy the records as provided by this Resolution. Section 3. 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 March, 2013. APPROVED by the Mayor of the City of Meridian, Idaho, this ' - ~ day of March, 2013. APPROVED: ~~ ~, _ Mayor Ta ~ ~ de Weerd ATTEST: ~~,~tZt'~'~ED AZrGUsr By: ~ `~ _ _ ~.. ~~~ _ x ' _ city of °~ Jaycee L.. Holman, City Clerk ~ ~~ ~~ ~~~ IDLP~I~I o~~t~~ ~~~ v~~ ~~~6e rReAS~~O RESOLUTION AUTHORIZING DESTRUCTION OF POLICE DEPARTMENT RECORDS PAGE 2 OF 2 :March , 2013 L IC FINAL ACTION DATE: I E-MSTAFF TO I AG NCY ( APPLICANT I NOTES I INITIALS i. EideBailly C['/1s & BUSINESS ADVISORS February 13,2013 To the Mayor and Members of the City Council City of Meridian, Idaho Meridian, Idaho We have audited the financial statements of the governmental activities, the business-type activities, the discretely presented component unit, and the major fund of the City of Meridian, Idaho (the City) for the year ended September 30, 2012. Professional standards require that we provide you with information about our responsibilities under generally accepted auditing standards and Go>>ernmentAuditing Standards and OMB Circular A-133, as well as certain information related to the planned scope and timing of out• audit. We have communicated such information in our letter to you dated September 13, 2012. Professional standards also require that we communicate to you the following information related to our audit. Si>?nificant Audit Fittdin~s Qualitative Aspects of Accounting Practices Management is t•esponsible fot• 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. No new accounting policies were adopted and the application of existing policies was not changed during 2012. We noted no transactions entered into by the City during the year for which there is a lack of authoritative guidance or consensus. All significant hansactions 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 ltnowledge and experience about past and current events and assumptions about future events. Certain accounting estimates are particularly sensitive because of their significance to the financial statements and because of the possibility that future events affecting them may differ significantly from those expected. The financial statement disclosures are neutral, consistent, and clear Difficulties Encountet•ed in Performing the Audit We encountered no significant difficulties in dealing with management in performing and completing our audit. Corrected and Uncort•ected 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. We are pleased to report there were no misstatements detected as a result of the audit. www.. ~I :i .; ~~.corn 877 W. Main St., Sle. 800 Boise, ID 83702-5858 T 208.344.7150 F 208.344.7435 ~ EOE Disagreements with Management For purposes of this letter, a disagreement with management is a fmancial accounting, reporting, or auditing matter, whether or not resolved to our satisfaction, that could be significant to the financial statements or the auditor's report. We are pleased to report that no such disagreements arose during the course of our audit. Management Representations We have requested certain representations from management that are included in the management representation letter dated February 13, 2013. 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 City's financial statements or a determination of the type of auditor's opinion that may be expressed on those statements, our professional standards require the consulting accountant to check with us to determine that the consultant has all the relevant facts. To our knowledge, there were no such consultations with other accountants. Other Audit Findings or Issues We generally discuss a variety of matters, including the application of accounting principles and auditing standards, with management each year prior to retention as the City's auditors. However, these discussions occurred in the normal course of our professional relationship and our responses were not a condition to our retention. Other Matters With respect to the supplementary information accompanying the financial statements, we made certain inquiries of management and evaluated the form, content, and methods of preparing the information to determine that the information complies with accounting principles generally accepted in the United States of America, the method of preparing it has not changed from the prior period, and the information is appropriate and complete in relation to our audit of the financial statements. We compared and reconciled the supplementary information to the underlying accounting records used to prepare the financial statements or to the financial statements themselves. This information is intended solely for the use of the Mayor and the members of City Council and management of the City of Meridian, Idaho and is not intended to be and should not be used by anyone other than these specified parties. V/ ~t''u1Y Yours, / y~ Boise, Idaho ~..~ rv ... 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Personnel costs for these two functions increased a combined 10%. The Fire Department hired three new positions "Division Chiefs" late in FY2012 and also experienced an increase in overtime costs. The Police Department did not add any new positions in FY2012; however, salary and wages "` went up 9% due to increases associated with the wage changes and filling positions that had been vacant. Administration also includes several --- general support functions, Legal, GovernmentalActivitiesPersonne1 Expense Accounting, Human Resources, City Clerk, Mayor's Office, City Council, 12,aao,ooa ~- r~.-m,~-~~ --~---~~~ 4. Other Government (general expenses ~~ not assigned to other departments), 1a,0oa,00o oFY241z Street Lighting, and City Hall. Fifteen percent of Mayor's staff and B,°~,~ FY2411 ~' one half of Legal, Human Resources, Information Technology, and ^FY2414 Accountin costs are transferred to 0,°0°'°0O ~ -~~ g the enterprise fund since these ~~ functions support all funds. During ~°0°~°°° the budget process 1.5 full time ____ equivalent positions were added to the 2,000,000 Information Technology Department. Both the Parks Department and the adman Police Fire Parks Community Community Development Department Dei1p had noteworthy increases in operating - ----- _---- --- ---------- -- _ -------_.--------- -- - - ---- ---- -- - -_._._ _ _ --__ ----- _ - _ - - --- - ------ ------- costs. The Parks Department's depreciation expense increased over Governmental Activities Operating Expense $400,000 due to starting depreciation for the development costs of donated T,ooo,ooo M. ~ r ,: park, $13 million, plus $2 million oFYZO, z r... dollars for a Senior Center located in s,ooo,o~ - the park. Community ®FY2011 Development's operating expenses 5,000,0 "' increased $468,000 which is a 46% ^FYZO1o increase over FY201 1. However of 4,000,000 this amount $378,000 is due to ^FY2009 ._ increased payments to the contracted 3,000,000 - building inspectors. This correlates 2,000,000 directly to the increase in building permit sales experienced in FY2012 _ .~ 1,000,000 as discussed above. o Adman Police Fire Parks Community Dvlp 8 City of Meridian, Idaho Management's Discussion and Analysis +` September 30, 2012 Business-Type Activities: Business-type activities, the provision of water and sewer services, increased net position b $8.4 million in FY2012 compared to a $4 million dollar increase in FY2011 y and a $13.9 million dollar Increase in FY2010. ~'' Capital assets net of depreciation increased $2 million and unrestricted net position increased $6.4 million. During the last decade the population in the City, PrOprletary Fund Caplta~ ASSet 14C~C~ItIOt1S of Meridian more than doubled. To facilitate 35,000,000 ~..y~ ~~.~:.~ ~...,..~.~~.,~._~..w.. _..:~,~ _..~ ~ _~. _ _ _ _ _ _ _ _ this growth the Utility ' operations rapidly ! 30,000,000 expanded infrastructure 25,000,000 such as water and sewer ~ 20,000,000 lines, wells, and wastewater treatment 15,000,000 facilities. At the end of ' 10,000,000 -- FY2001 the capital assets 5,000,000 net of depreciation totaled $53.8 million; at the end of fiscal year 2012 the ca it l t oti oti otiO o~ 0O~ 001 0~ 0O~ o~ o~ oti oti ~ ~ ~ti a~ ~ ati yti ~ti ~ti ~ti y~° .oti° ~° ~° ' ' ~ ~ 'c ' p a asse s c c c c ti ~ ~ ~ ~ c~ ~ c net of depreciation totaled $186 million. ~ City Capital Expenditures (Developer Contributed Capital :~, These assets have been Total Capital Assets funded through a combination of developer .._~_.... _ ...r_-___~___._~_..__ ~.._._..~~. _ contributed assets and City .. .~_~~_.: ~~~ ~~__w__-__..~........___ ._____._~. generated funds from fee p~opr~eta~y Fund ~ap~ta Assets net of de~rec~~tion~ charges. Developer 9f 30/202 X1$6 lion wars contributed assets result when developers put in water and sewer lines to Construction in land t~ Easements4°rb serve subdivisions and progress 3 0 ~~ ~. eventually turn ownership . Equipment 10- of the infrastructure over to the City to maintain and replace. The City has also ~ Buildin sand made and continues to make ~ ~ improvements a substantial investment in 22 enlarging the capacity of the sewer treatment plant and making technological improvements to meet rigid discharge standards. Sewer and water lines fi0"~ 9 r City of Meridian, Idaho Management's Discussion and Analysis September 30, 201 From the end of FY2001 to the end of FY2005, the unrestricted fund balance grew $24.3 million dollars. ... However, as the expansion of infrastructure reached its peak, the Proprietary fund balance be an to decline in spite of the increases in revenue related to develo ment. The Utili g p ty has three principal sources of revenue. Operating revenue from selling water and sewer services (charges for services), the previous) discussed fees that ~.. y new homes pay to connect to the utility system (operating grants and contributions) and "donated" revenue, the value of the developer connected lines and easements (capital grants and contributions). -r The growth in fund balance was fueled largely by "connection" fees. Connection or assessment fees are fees charged for businesses and residences to connect to the utility system. The increase in growth that started at the first of the decade resulted in a rapid build-up of funds available for the necessary infrastructure construction that followed. This revenue source climbed steadily through FY2005 and then started a decline that lasted until FY2012. In FY2002, the City made a significant change to the usage rate structure. This change lowered the minimum base fees to reward customers who used lower amounts of water. The effect was a big dip in revenue in FY2002. The City was experiencing such an increase in the number of customers that operating revenue started to increase again the next year. However ;._._ __... ___ ______ _ _ _ __ _ _ .: .. -__ operating costs increased Usage Fees vs ~vnnection fees proportionately more with higher costs associated with water quality '~~~ $~~,ooo,ooo requirements and increased service ~' level demands. The City is waiting ~ Sza,ooo,ooo for the finalization of a more current National Pollutant ~ S~~,oo~,ooa Discharge Elimination System (NPDES) permit issued by the '' S~o,ooa,ooo Environmental Protection Agency (EPA). This permit regulates the ~~'~~~'~~~ amount of pollutants that can be a discharged into the Boise River. ti ,~ o ~ ~ ,~ ~ ~ ~ ,~ ,~ ,~ ~ o This permit re-issue could result m ~ ~~~~' ~ti°~ ,~~o~ ~ti°~ ~tio~ ~'~°a Sao ,yo° ti°~ ,ya° X40 goo Boa increased compliance costs. `` `` `~ `` ~` ~` ~ k"~ ``~ `~~ `~~ `~~ ~ Water/Sewer Usage Sales System Connection i:ees In order to ensure that the City be ~_....___.__._~_..__.......__.. __._ . __... _ ._ ..__._ .. _.. __._ _ ______ _._..... ..___.~_ .__.__....~.___ __.._____ __._....~. r" able to cover all operating costs, there were rate increases in FY2009 and FY2010. For FY2012, the Utility had operating revenue of $3,244,734. Connection revenue surged in FY2012 totaling $4,762,513, a 59% increase _ __ -~ over FY201 1. ,., Utility Functions '' Operational Expense FY2012 The Pro rietar Fund is divided into three p y basic divisions. Waste Water, Water, Public Works, and Admin or Utility ~.. ~ ~ Billin . Public Works rovides rofessional en ineerin g p p g g ~' water 'support and supervision, and Utility Billing handles the 28~ Wastewater Treatment billing for water and sewer services. Utility Billing also ~~%~ bills and collects for the City's solid waste pickup contractor in return for reimbursement of 6% of the Public contractor's gross sales. Waste Water is the largest Works Admin rt~ ..t, ~~. ~ division in the fund. .ti ~~~ 4 10 .. ~.. City of Meridian, Idaho Management's Discussion and Analysis --~ September 30, 2012 The proprietary fund's total operating expenses decreased 1 % overall from FY2011 to FY2012. The table below illustrates annual operating expenses for FY2010, FY201 1, and FY2012: PROPRIETARY FUND OPERATING EXPENSES Personnel Other Services/Charges Depreciation Supplies Heat, Lights, Power Total operating expense General fund transfer Total business-type expense FY2012 % Change FY11 to FY12 FY2011 % Change FY10 to FYlI FY2010 $ 5,755,468 5% $ 5,469,270 8% $ 5,070,348 2,913,757 -20% 3,658,531 17% 3,121,815 6,455,243 2% 6,322,956 31% 4,824,482 1,525,088 -12% 1,741,116 10% 1,581,534 803,113 2% 784,929 -15% 923,055 17,452,669 -3% 17,976,802 16% 15,521,234 1,527,474 25% 1,218,294 $ 18, 980,143 -1 % ~ 19,195, 096 14% 1,068,396 16% $ 16, 589, 630 There are a few larger noteworthy items difference between FY2011 and FY2012 expenses. FY2011 was the last year of a multi-year project to replace all of the older water meters in the City with radio read meters. As a result ... of finishing this project, water meter expense was $433,4541ess in FY2012. Normally, water meter expense is offset by revenue because customers pay for water meters as they are installed. Another notable change is the $300,000 decrease in the cost of consulting services for Wastewater. The Public Works Department monitors a variety of Water and Sewer projects such as long range plans for both the sewer and water systems. A single project can span several years. Spending on a couple of large projects dropped significantly in FY2012 as compared to FY201 1. For example, the WWTP Facility Plan, and the SCADA master plan (electronic monitoring system). ,-----------------------------------------------------~---.---------.__._-__~..._-_..._ _, ~Y20t2 Proprietary fund Operating Expense Additionally, the City incurred a settlement expense of ~s gso ~~ .... , $463 000 in FY2011 and had to release title to several $ ' assets as the result of a nullification agreement between ~' the City and a developer. In 2006 the City entered into an agreement with a developer to j ointly provide water -~ Personnel and sewer service for a subdivision under development aepreciarion 24/ outside of the City limits. The developer put in a well 27~ and turned it over to the City so that homeowners could ,+~4,,~~ ~ `~~'~~€ ~'~,~"~° sY'' wk ~ r ~p,ti~ ~~'~~ ~~ f.. I connect to the Cit waters stem. Due to the downturn Y y in the economy, only a small portion of the subdivision opere~ing was developed, and the agreement was no longer viable. ~~~~'~~~ ~~ .~ The City paid damages to the developer and reimbursed m~ r,...~. the existing homeowners for their cost to connect to City water and also deeded back the well, the well lot, a '"--- .-.---.- -.-.--.--.-k _-~__.___~______________~.___..___.~______._..w~ lift station lot, and land easements, which resulted in a loss on disposal of assets in the amount of $1,364,504. 11 °spun~ s6~~ta aua ~o~ pat~iaads sasodzn ai~~ utit~inn ~~T~ ai~~ ~a ~utuas ~o~ alq~It~n~ pug pau~tss~un s~~n t~S`9Lg`9t$ pug `sasodznd ai~laads o~ ~~1~ auk ~o aua~t a~~ ~q pau~iss~ t6L`t65`6$ `~~I ~a pa~al~~sa.i s~nn £gt`g~~`~$ `ala~puads uou s~nn LZg`Z6$ `Z£€`660`t£$ ~®aau~t~q punk ~u~pua pautuioa ai~~ ~o :snnoti®~ s~ ZtOZ `0~ ~aauza~daS papas ~ea~ auk ~o~ pat~iss~Ia a~~ saau~I~q punk ai~~ `su®a~1u1~a adrC,~ pun, pb~uau~u~a~o pug ~u1~.~oda a~u~~b p~n~ `~~ °o ~uauza~~~S 5~~ i~~tnn aau~p~®aa~ uI °~~a~ ~oiid ait~ ~o pus ac~~ ~~ aau~I~q punk ~utpua aulau~oa ai~~ nano OOL`LZ6`£$ ~o as~a~aut u~ si ati~nn Z~£`660` t ~$ ~o aau~I~a punk ~utpua pauiauzoa ~ p~u spun I~~uauzu~ano~ s b~~ia auk `~~a~ ~ua~~na auk ~o pus ait~ ~~ °pun ~~a~~S aiiQnd auk pug `punk aa~ ~a~duzI a~ `punk s~aafo~ I~~td~a auk `punk I~~aua~ auk apnlaui ~~~~ auk ~a pa~zodaz spunk I~~uau~u~ano~ ~o sad~Z °saaxnosa~ tau s6~uau~u~ano.~ ~ ~o aans~au~ In~asn ~ s~ san~as aau~I~a punk pan~asa~un ait~ `~~a~ I~asi~ ~ ~o pus ait~ ~~ °~utpuads .ion ala~ti~n~ a~ ~~~ saaznosa.z ~o saau~I~a pug snno~~no `snnoui u~~a~-~~au ~noa~ uot~~uz~o~ui aplno~d spunk I~~uau~u~ano~ s i~ a pan •ssa.i~o~d ui uoi~~n.z~SUO~ ui S~L'II®p uOiII~ ~°9$ sntl Ili~s ~~iii~~ aitZ 'ZtOZ~ ui ~~bZ`SS~`9$ ®~ t tOZ~ ui 9S6`ZZ~`9$ u~oz~ pas~a~auT asuadxa uoi~~taa~da •suot~istnba~ I~~td~a uo s~~Ilop uot~I° g•g$ wads ~~II~~~l auk `Il~~an °uoi~~~s ~a~sooq .ia~~nn au~l~Iaa~ ~ zoo s~~Ilop uotIl~.u Z'Z$ pug `s~uau~anoaduzi ~uipltna ~a~it~ ~~~t~~a~ auk .ion uotltpu 90' t $ apnlaui s~aa fo zd ~uauz~~a~Z ~a~~ a~s~ aa~~Z ° s~aa fo zd auil~a~~nn pug qOZ ~aauznu Ilann apnlaul s~aafo.id ~uauz~~~da aa~~ °ssa.i~o~d ui uoi~ani~suoa ~o ano s~~Ilop uotll~,u ~•~$ pasola ~uauz~~~da~ ~a~~ a~s~ auk pug ssa~o.zd ui uoi~anz~suoa ~o ono 660`6Lt$ pasola ~uaui~~~da ~a~~ aitZ °szadolanap ~a ul end sauil ~a~~~n pug aannas 96~`OgL`t$ ~o ttls~aunno pauznss~ punk a~I °~utpltnq ll~ ~~i~ auk ut~~ut~uz o~ s~soa auk ~o a~~ils ~ pug ~~~~s s6~o~~ auk ~o ~uaa~ad uaa~~t~ ~lni ~uol~ `~uauza.~~u~u~ uoi~anz~suoa `~~otouuaa~ uol~~ui~o~ut `saa.inosa~ u~uzn `l~~al ~o~ suot~aun~ ~~oddns pug ant~~~~sturuip~ a~l~ ~o ~soa atl~ ~o ~I~u ~®~ ~bL~`LZS` t $ punk l~~aua~ auk pt~d punk ~~at~do.z aZ '~bBL`90t$ ~o ~unouz~ ails ul s~ass~ axt~ ~o l~sodsip a~l~ uo ssot ti~u~s ~ paauai~adxa punk ailZ °s~ass~ paxl~ ~o ales atl~ uo ui~~ ~o ssol pun anl~n ~a~l~uz ~~~ ~uaui~sanut ut a~u~ua pug `au~oaut ~sa~a~uT `anoq~ passnaslp s~ `auana~ uoi~aauuoa apnlaui asailZ •sasuadxa pug sanuana~ ~uia~~ado uou ait~ st szaquznu onn~ ails uaann~a aaua~a~~ip auZ 'SSO`~b60`~b$ ~o u®t~TSOd tau ul as~a~aui u~ pug SL£`ZLL` t $ ~o auzoaut .~ui~~.iao ~~a~ .zoiad o~ sa~~duioa s~IZ •OZg`I ~~`g$ ~q uot~isod tau pas~a~aut pug auioaut .~ui~~zado ui ~b~L`~b~bZ`~$ jinn ZtOZ papas punk ~a~~ai~do~d ails `suot~~.iado ~o ~Insaa ~ s~ •uoi~~laazdap pug `~ul~~~ado `lauuos~ad uaan~~aq ~ll~nba ~souzl~ apint air ~~tlt~n auk ~o~ s~soa ~ut~~~adp °suol~tsod .~ul~sixa ~utili~ ~o ~Insa.i ails ao sas~a~aui ~z~l~s ~t~auz o~ anp a.~ s~soa lauuos.iad ul sa~u~~l~ °ZtOZI~ ui suot~isod ~~n~s l~uoi~lpp~ ~u~ pp~ you ptp punk ~~ili~~l auZ ZtOZ `0~ ~aau~a~daS sis~l~u~ pug uotssnasi s`~uauza~~u~ o ` l tea o ~ ~I ~~bt I`Z~S) S~b9`80~b`LI I £S`9L8`9I au.~?s~~ S8£`Si IOZ`680`Z 98S`~bOt`Z punk ~~a~~S attan ~9Z`98 99Z`69S`Z O~S`SS9`Z punk s~aafo~ I~~id~ 988`9~6`Z 68L`~b88`t SL9`t£8`~b p~nn~o~t~ ~a~pn I~ pun a 7ss (~L~b`LI) L6Z`ZZ ~bZB`~b punk ~u~a 606`SS~b`I OS~b`LLO`£ 6S£`~~S`~b punk ~a~d a~a7 sa CLSt`LZ) $ ~b86`6II $ LZ8`Z6 ~ spt~dazd a a ~ o as l ZtOZ `0£ zaauza~daS sis~t~u~ pug uoissnast s `~uau~a~~u~ o l ~.~a o t City of Meridian, Idaho Management's Discussion and Analysis `~ September 30, 2012 General Fund Budgetary Highlights Total actual general fund revenue exceeded the final budget amount by $4.4 million dollars which is 14%. The largest percentage of General Fund Income is property tax. In FY2012, property tax was 56% of the total income. Property tax collections in FY2012 increased just under 2% from the prior year. The City did not take the allowable 3% increase, collections from new construction were responsible for the increase. Property taxes are paid in arrears so the FY2012 collections were based on the 2011 calendar year. The addition of new construction to the tax rolls was also negatively impacted by legislation passed at the state level that increased developer exemptions and allowed retroactive adjustments. Intergovernmental revenue sharing is the second largest revenue stream at 20% of total revenue. This category includes grants, sales tax revenue sharing, and a joint powers agreement with the Meridian Rural Fire District. Sales tax revenue is half of total intergovernmental revenue. Since FY2009 state revenue sharing has been around $3 million dollars. In FY2012, the state adjusted the formula used to distribute revenue sharing to cities for the 2010 census and the City received almost $3.5 million, well over the budgeted amount of $2.75 million. There was a significant difference between budgeted and actual revenue for license and permit sales. This `~' revenue category is principally residential and commercial building permits. In the spring of 2012, building activity in Meridian started to increase. In addition to selling more residential building permits, the City also experienced a jump in commercial building activity. As a result, revenue from building permits increased just over one million dollars. City of Meridian .., Single Family Residential Building Permits lio loo o __ _ _ __ ...~. Oct Nov Dec Jan feb Nor April May June July Aug Sept ~ FYZ010 ~FY2011 ~^~• FY2012 YTD .~____.___.~ ___~._____e___________ ....~._. ____._~~___ _ .~. - ~] .~. 14 ~.. City of Meridian, Idaho Management's Discussion and Analysis `~ September 30, 2012 The bulk of Governmental Fund on-going cost is in personnel, with most of that bein in the ubli departments, Police, and Fire. g p c safety In FY2012, all City departments were budgeted fora 3% merit pool increase and additionally the Police Department step plan moved 3% meaning that ~' essentially all sworn officers received a 3% salary increase in addition to moving up through -.- the step plan as eligibility allows. Both Administration and the Fire Department were budgeted for _ new positions. Administration added a maintenance position for the City Hall and the Fire Department received three .. Division Chief Positions in addition to a wage adjustment to increase the salaries of the -- existing Deputy Chiefs. 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Cash and cash equivalents $ 1,965,352 $ 4,421,026 $ 6,386,378 $ 578,042 Restricted cash and cash equivalents 204,445 - 204,445 - .,r Investments 23,890,686 36,330,848 60,221,534 - Restrictedinvestments 4,324,880 - 4,324,880 - Receivables Accounts (net of $36,000 allowance ~` for enterprise fund uncollectibles) 721,886 2,790,806 3,512,692 - Propertytaxes 21,270,392 - 21,270,392 772,817 Due from other governmental units 1,840,218 - 1,840,218 - '- Interest 47,493 58,273 105,766 - Deposits and prepaid expenses 92,827 144,769 237,596 1,824 Deferred financing costs, net of ,~ accumulatedamortization - - - 5,658 Noncurrent Assets Capital assets '"~ Land, infrastructure, and other assets not depreciated 26,510,386 15,044,688 41,555,074 845,067 Buildings, improvements and equipment, •-. net of depreciation 59,836,901 171,235,760 231,072,661 668,158 $140,705,466 $ 230,026,170 $ 370,731,636 $ 2,871,566 See Notes to Financial Statements ~" oz 99S`IL~`Z $ 9£9`I£L`OL£ $ OLt`9Z0`0£Z $ 99~b`SOL`O~t $ 90~`££I`I ~~~`Zt6`0~£ ZZO`~O~b`9ZZ 99~`~OS`~bt t ~bS9`Ot9 £LO`iZ~b`I9 bLS`£ZI`0~ 66~b`L6Z`iZ - ££S`SS9`Z - ££S`SS9`Z 6S£`££S`~b - 6S£`££S`~b ZSI`£ZS £Z6`ZO£`ZLZ ~~b~b`O~Z`9~t SL~b`ZZO`9~ 09L`L£L`I ~~L`~I~`6Z ~~bt`ZZ9`£ 009`96t`9Z £OZ`Z06 I L6`6Z£`I. 09]`LLl IS£`OS!`6 OL~`L~ ~tu~ I~~o.L sat~tni~a~ sat~Int~a~ ~uauoduzo~ add-ssautsn~ I~~uaunuano~ ~uauu~ano~ u~.~d sat~ijlq~tl I~~oZ uol~od ~uazmo ssaj - aja~~~d a~o~ uot~od ~ua.~.ma ssaj - uot~~a~n panaaa~ ~na~ auo u~u~ a~ouz ul and uot~od ~uazma - ala~~~d a~o~ ~uau~pnf pan.~aa~ uotod ~ua~na `uoi~~a~n pan~aa~ ~~a~ auo u<u~tnn and s~lsodap ~auzo~sn~ anuanaa pa~za~aQ aja~~~d ~sa~a~ul sax~~ pug Ito~~d pan~aa~ ajq~~~d s~unoaa~ sai~tjlq~IZ ZiOZ `0£ ~Taquza~das s~ass~;aN~o ~uauza~e~s ou~p~ `u~ipt.zayl~ ~o ~~ta Prog ram Revenues Operating Capital ,~ Charges for Grants and Grants and Functions/Programs Expenses Services Contributions Contributions Primary Government Governmental Activities General government Administration $ 6,170,058 $ 173,980 $ 259,897 $ 4,200 Public safety -~ Law enforcement 12,166,967 895,904 687,816 79,390 Fire department 8,914,476 1,831,817 102,243 352,118 Parks and recreation 3,991,443 491,246 219,919 26,366,650 ,~ Community development 2,552,116 3,572,243 42,629 - Interest on long-term debt 120,626 - - - Totalgovernmental activities 33,915,686 6,965,190 1,312,504 26,802,358 ~, Business-Type Activities Water and wastewater 17,452,669 20,675,507 4,762,513 1,780,396 Total Primary Government $ 51,368,355 $ 27,640,697 $ 6,075,017 $ 28,582,754 ,~ Component Unit Downtown development $ 593,837 $ - $ 21,949 $ - Generalrevenues --. 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If the parade is held, Main Street would be closed on June 22nd from 6-9 pm. ACRD has laid the final decision on the City Council members, who would value opinion in this matter as it directly affects you and your business. This issue will be discussed at an informal meeting between City Council Members. In your opinion, would you rather close Main Street and continue the Dairy Days parade, or keep Main Street open and cancel the parade. Name Name of Business &)"A, 5�4— Ae��f� wLfi 4, (j_n Pi,� 11 Yes, hold the parade K No, cancel the parade Name Name of Business Yes, hold the parade r n v C )_ P 1% �✓tCr lab") as#LO3 I CCA � S No, cancel the parade Name Name of Business Yes, hold No, cancel the parade the parade &.,! I ?�W l� z R? Li6 a Pt up, ctw i k cl s )ow--%vr- t'd ND Name Name of Business Yes, hold No, cancel the parade the parade svcuck- xl( EL /r -v:6 m P a -Ra'wer—Dw nn t f v �P Cam C A Opinion Poll For the Meridian City Council Due to construction, the Meridian Dairy Days parade may be cancelled. If the parade is held, Main Street would be closed on June 22nd from 6-9 pm. ACHD has laid the final decision on the City Council members, who would value opinion in this matter as it directly affects you and your business. This issue will be discussed at an informal meeting between City Council Members. In your opinion, would you rather close Main Street and continue the Dairy Days parade, or keep Main Street open and cancel the parade. Name Name of Business Yes, hold No, cancel the parade the parade 4 L/ wle f_ Lj M,�-, -�� I(-- Ir katy ,At. , r 9�'� 5 }cam (��,-► � ` �� 1 � � K0 OPI n Name Name of Business Yes, hold No, cancel the parade the parade is - 04 -ye -r-'5 �c'�lGy IMDcti.• MS 1 FLOW &(o -Ms AP kb x-jPt-,6 CL IC FINAL ACTION DATE: I E_MSTAFF TO I AGENCY I APPLICANT I NOTES I INITIALS A Proposal to Name the Settler's Park Horseshoe Courts The Treasure Valley Horseshoe Pitching Club (TVHPC) is proposing that Meridian Parks Department Board of Directors endorse and send forward to the Meridian City Counsel the following proposal. ~~~~5~ We hereby propose that the orseshoe pitching courts located within Settler's Park be named "The Don Titcomb Memorial Courts". Don, who passed away at the age of 88 on December 2, 2012, lived in Meridian for the past seven years. Before arriving in Idaho, Don who was a 70 plus year member of the National Horseshoe Pitching Association (NHPA) helped create clubs and courts in four other states, won State Championships in three other states, held many offices in local, state, and national horseshoe organizations, was awarded every major NHPA honor including the NHPA Hall of Fame, and won three World Titles in three different divisions. Many at the national level consider Don to be the greatest promoter of our sport to have ever been associated with the NHPA. Don's life truly revolved around horseshoes. I have attached the cover of our latest NHPA Newsline magazine and an article that appeared in the Idaho Statesman. Clearly Don was a national treasure and a legend. When Don arrived in Meridian in late 2004, he contacted several of the local pitchers and helped organize the TVHPC. Upon fording no satisfactory pitching facilities in Meridian, he began inquiring to Meridian officials about how he might be able to meet his needs and plans to promote horseshoe pitching to all ages and levels of local people, which included; the TVHPC, local high schools, kids clubs, senior living places, and the public in general. He enjoyed and in fact, thrived on the teaching and expanding of horseshoe pitching. Don was a showman at heart but always put the game he loved first. He bought and owned several portable courts and pushed for and received permission to set up in Storey Park so that he could begin his programs. He also learned of the planned courts scheduled for Settler's Park and got involved with the tweaking and finalizing of those projected new facilities. With the help of our club and Don's interactions with the city of Meridian, Settler's courts became the showcase of Idaho horseshoe pitching and in deed, some of the nicest courts in our entire nation. (See attachment also from the Newsline). With Don as the backbone of the local club, and his almost daily trek to Settler's Park to promote horseshoe pitching, we have grown as a club and now hold at least six tournaments plus the annual Treasure Valley Senior games at the park each year. The TVHPC hosts the Idaho State Tournament every three years and Settler's was home for that event in 2009 and 2012. It's fair to say that Don was instrumental in the successful building of and popularizing of the beautiful facilities in Settler's Park and that it is quite appropriate to name the courts after Don. The TVHPC urges you to favorably consider this proposal and will be glad to help with the costs of the signage. Thank you for your time and the TVHPC hopes to continue Don's work and continue our positive relationship with the Meridian Parks and Recs. We will be glad to answer any questions that you might have. Jerry D. Smith ~I E ~ i -~ ___-~ ~'~~ i . ~ ~ _ _ I -, ~ ~~ ~~' ~ i ~ ~ I - ~ i ; ~ t, ~~ - - - - -- ~,I~ \\ ~\~ II I I~JI~~J 1 ~~~~~ 11~~/~ 1`~~ ~ ~ ~~~I i I{'I ~..----~I I I~~~ 1I ~ it ` I.~.._- ~--L j;ll f ~ ' +~ ~u v I I Ir.--~ ~ ;, ~ ; , ~-~ ; ~ ~, , ~ ~ ~ (~ ~ ~~.~ ~; ~ i ,, , ._ ~ _ 1 - ~, - - ~~ - - -- - --~ -__ ____ __ - - -- - VOL. 25, NO. 1 JANUARY FEBRUARY 2013 / J ec O'J bIV J&r }' sou The Treasure Valley of Idaho stretches from Mountain Home in the east to Caldwell in the west. The Treasure Valley Horseshoe Pitching. Club (TVHPC) covers the entire area and was formed to unify the pitchers and facilities in the valley. The only other areas of pitching activities in the state are a good ways away, far to the east in Pocatello with the Gate City Club and way up north in the Coeur d' Alene Club. The TVHPC wanted to create various sites in the valley and schedule two or three tournaments a month throughout the pitching season. In early 2003 we had four sets of old pits located throughout the valley and proceeded to upgrade the facilities with the help of the NHPF. We asked for and were granted two grants and brought the courts into compliance as best we could. In late 2004, Don Titcomb moved into Meridian which is located a few miles west of Boise and is in the center of the Treasure Valley. As he got settled in, he approached the Parks and Rees Board about upgrading the horseshoe pitching facilities at a little park where he was starting a league and was giving pitching instructions. They informed him that they were in the process of expanding a local park and would consider adding horseshoe courts. This was a match made in heaven! He began working with and helping plan the new facilities. The TVHPC was asked to partner up and asked if we could help with the facilities including some financial aspects. The club was to act as advisors in the planning and building stages and agreed to supply the stakes and the clay. We went back to the NHPF and secured another grant to help with the expenses. Then came the waiting process. Some three years later, the project broke ground. The project which seemed doomed (in our minds at least) to be cut down or eliminated was actually just in the bureaucratic process and was never really in any danger or doomed. The plans came out with 16 pitching courts, two picnic covers with power, two tennis courts, landscaping, fencing, and walkways. The contract price was around $600,000.00 and the city of Meridian's stated goals were to Continued on page 11 create a park with championship quality venues in multiple sports and/or activities. The 16 horseshoe pitching courts feature full runways as required by the NHPA and to keep the maintenance and trimming to a minimum, the entire grass portion of the area inside the fence line consists of synthetic turf. What a beautiful place! The area is surrounded with adequate parking, restrooms, a snack bar, a children's playground, and baseball and soccer fields, I had the pleasure of acting as the club's liaison to the parks Department throughout the building of the park expansion and what a joy it was. The city of Meridian and Paul's Construction Company were such a pleasure to work with as their only concern was quality and correctness of the project. As it turned out, the city asked us for just advisory help and we were able to return our grant money untouched. Having personally worked on building the largest permanent pitching facilities in the United States at the Yolo Horseshoe Club in Davis, California, I am pleased to say that I have also contributed to the building of the finest pitching facilities in America. 0 =0 Lf - co bll qCj S " C) Lu u tz 0-0 FL, rJ FA C) Gj �5 �'j 0 -Ij c'z 0, ru - C) �� E� ti Oj tq bp Q) bij 5b-...,c--n. 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I~ .-; o 0 pvo~~S'F F-~y~ nmVV15-~m~a yam. ~(n~~m~~A'n im (p'~'O !~'WO ~S mN ~7 3 ~ ~ buVO~VfP WNW Q ~O>p1 y ~. Cf~nX`~~_~ 5~'+ JyG~Qn(n ~~ P>.v~~~ A ~y Z 11 MA~ O ~ Z t7A CZ>~.tt ~!) 'FFm AL ~ ~ fn •+ n n 'lm~~ YIIXn~( ~F 6~'1px Oo ~ ~4 ~'pr~~t `..1' ~p-r c~nr ~-y ~ -J ~ Gy~~~~AZ~'~ ~g' ~y ~ A~1A jn Zj x.V~ ~~n '~A ry?r' Y7.n T~2~+~ p R " Q L Q _7s~N ~ ~ A ~ ~ ~ ~~ m ~L c~ (++~ 7 ~"'~ O ~ b G ~ (n '' ro ~ G ~ ~ O ~ ~ p r tai ~ -~ to 2 n "i C Ci ~. ~ n ~ n~ m ~ ~ {gin > ]~ ' m~ ~ .t ~~ ~ i a~A C t A m~^-1 p Qm~ 6~ N m ~ ~Q a~j Z MM !n p ~ ~ r ' Q Cr E 1 (/~]\ • M I~ 1 1 I :March 5, 2013 DATE: I E-MSTAFF TO I AGENCY I APPLICANT I NOTES ( INITIALS CITY OF MERIDIAN ORDINANCE NO. ~,3 " I Sy~o T E CITY COUNCIL: I , OAGLU, UNT E, A A 11-1-:INTP STATION: *** B. Measurements: 1. Structure height shall be measured in accord with the Meridian city building code as set forth in title 10, chapter 1 of this code. 2. Linear distance shall be measured in a horizontal line; it shall not be measured along an inclined surface or line. For uses that have a separation standard, the distance shall be measured from the nearest customer entrance of the proposed use to the nearest property line of the specified use. The measurement is to be conducted in a radial fashion by the specified number of feet (e.g., 300 feet, 1,000 feet). (Ord. 05-1170, 8-30-2005, eff. 9-15-2005) 3. The area of the sign background shall be computed by measuring the area enclosed by straight lines drawn to enclose the extremities of the copy. When computing the area of sign background, only the face or faces that may be seen from one direction at one time shall be considered. If a sign consists of individual letters, only the total area enclosed by straight lines drawn to enclose each letter shall be computed as sign background area. 4. The height of a sign shall be computed by measuring the distance measured vertically from the top of curb of the abutting street (or, where no curb exists, from the edge of pavement) to the highest point of the sign or visual appurtenance(s). The height of any landscape berm or other FEBRUARY 2013 UPDATE UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE - ZOA-12-003 PAGE 1 OF 12 structure erected to support or ornament the sign shall be measured as part of the sign height. This allowance does not apply to streets that are part of a freeway interchange or overpass. 5. For residential subdivision identification signs, sign height applies only to that portion of a structure which is physically supporting the sign background area. Other architectural elements primarily related to an entry feature that may be associated with the subdivision identification sign are not regulated as part of the sign height. 6. The projection of a sign is measured by the distance by which a sign extends beyond the building line. (Ord. 09-1436, 12-15-2009, eff. 1-1-2010) 7. The required landscaped area for freestanding signs shall be computed by measuring the inside of the landscaped area, excluding any part of the support structure. Section 2. That Meridian City Code Section 11-3D-2F, Unified Development Code, be amended in part as follows: 11-3D-2: APPLICABILITY: ** F. Exemptions: The provisions of this article shall not apply to the following: 1. Public hearing notice signs as required by subsection 11-5A-5D of this title. 2. Conventional flags, emblems, or insignia of any national or political subdivision or corporation. 3. Governmental signs for the control of traffic or other regulatory purposes, or signs of public service companies indicating danger, that are erected by or on the order of a public officer in the performance of public duty. 4. Any sign erected by or under the authority of the city of Meridian for direction to places of general interest including, but not limited to, colleges, auditoriums, fairgrounds, hospitals, airports, parks, and playgrounds. 5. Signs located within the interior of any business that are more than twelve inches (12") away from the window and that are not attached to the window glass. 6. Memorial signs or tablets, names or buildings and date of erection that are cut into masonry surface or inlaid so as to be part of the building. 7. Public signs required or specifically authorized for a public purpose by any law, statute or ordinance, that may be of any type, number, area, height above grade, location, illumination or animation as required by the law, statute or ordinance under which the signs are erected. 8. Historical signs or markers. 9. "No Trespassing" or "No Dumping" signs that do not exceed one and one-half (1.5) square feet in area per sign and that are located such that they do not exceed one per one hundred feet (100') of the perimeter of the property. Special permission may be obtained from the director for additional signs where hazardous or public nuisance conditions exist. FEBRUARY 2013 UPDATE UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE - ZOA-12-003 PAGE 2 OF 12 10. Signs related to temporary uses regulated by the provisions of title 3, chapter 4 of this code, shall not require a sign permit under the provisions of this title, but shall comply with any and all applicable provisions of title 3, chapter 4 of this code. (Ord. 09-1436, 12-15-2009, eff. 1-1-2010) 11. Any sign which is oriented only to the property which it is located and is not visible from the public right of way. Section 3, That Meridian City Code Section 11-3D-4B and 11-3D-4G, Unified Development Code, be amended in part as follows: 11-3D-4: PROHIBITED SIGNS: The following types of signs are prohibited in all districts: A. Any sign not specifically allowed by this article as determined by the director. B. Any private signs ' . on public) -owned property, including the public right of way, except as otherwise specifically permitted, in writing, by the authorized public a ency. C. Any signs which because of color, wording, design, size, movement, location or illumination resemble or conflict with any traffic control device or with the safe and efficient flow of traffic. D. Any sign displaying red, blue or blinking intermittent light likely to be mistaken for a warning or danger signal. E. Any signs that emit any sound, odor or visible matter. F. Any abandoned nonconforming signs (see section 11-1B-6 of this title and section 11-3D-8 of this article). G. Any benches with commercially available space for advertising, except that the transportation authority may place such benches at a designated bus stop H. Any sign that includes strobing, revolving or flashing lights. I. Any sign using a prohibited light source as set forth in section 11-3A-11 of this chapter. J. Any signs within the clear vision triangle as set forth in section 11-3A-3, "Access To Streets", of this chapter. K. Any signs for illegal uses. L. Any signs that block the visibility of any other sign due to their location, size, and/or height within a fifty foot (50') radius. M. Any roof signs. FEBRUARY 2013 UPDATE UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE - ZOA-12-003 PAGE 3 OF 12 N. Any sign within any stream or drainage canal or within a floodway. O. Any sign not maintained in a safe condition. (Ord. 09-1436, 12-15-2009, eff. 1-1-2010) Section . That Meridian City Code section 11-3D-5>32 be amended as follows: B. Signs In Residential Districts: In addition to the general standards for subdivision identification signs set forth in this section, the following standards shall apply to subdivision identification signs in residential districts (R-2, R-4, R-8, R-15, R-40, and TN-R): 1. The maximum allowed background area for subdivision identification signs shall not exceed fifty (50) square feet. 2, The maximum height of any subdivision identification sign shall not exceed six feet (6'). See subsection 11-1-5845 of this title for architectural element standards. 3. A maximum of two (2) subdivision identification signs are allowed at each street entrance to the development or subdivision. Section 5. That Meridian City Code section 11-3D-6 be amended as follows: 11-3D-6: MARKETING SIGNS: The following standards shall apply to si ns on properties being marketed for lease and/or sale: *** Section 6. That Meridian City Code section 11-3D-7 be amended as follows: 11-3D-7: CONSTRUCTION SIGNS: The following standards shall apply to si ns on properties under construction: * *~ Section 7. That Meridian City Code section 11-3D-8A3, 11-3D-8A8, 11-3D 14, 11- 3D-8A18 and 11-3D-8A19 are amended as follows: 11-3D-8: BUSINESS IDENTIFICATION SIGNS: The following standards shall apply to business identification signs: (Ord. 09-1436, 12-15-2009, eff. 1-1-2010) A. General Standards For Business Identification Signs: The following standards shall apply to business identification signs in all districts: FEBRUARY 2013 UPDATE UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE - ZOA-12-003 PAGE 4 OF 12 * * ~ 3. Setbacks And Location Of Freestanding Signs: In all districts, no part of a freestanding sign, including the footing, shall be located closer than one foot (1') from any street property line and twelve and one-half feet (12.5') from any rear or interior side property line, unless greater separation is required. (Ord. 12-1514, 5-16-2012, eff. 5-21- 2012) ~~~ 8. Awning Signs: Awning signs, when allowed by this article, shall meet the following standards: a. All awning signs shall count as part of the building sign allowance as set forth in subsections B through H of this section. b. Awning signs elm may be nonilluminated or may have indirect, e-r internal, or direct illumination. ~9+r'es#-ands Neon tube illumination are is prohibited. c. Where awning signs use direct illumination, such direct illumination shall be targeted only to the copy area of the scan, and shall conform to elements of Traditional Neighborhood Design s.d. No awning sign shall not extend above the top of the awning structure. d.e, A permit is required for any awning sign. *** 14. Freestanding Signs: Freestanding signs, when allowed by this article, shall meet the following standards: a. Freestanding signs may be nonilluminated or may have indirect or internal illumination. ~esr~ #~-be-a~~Direct illumination aye is prohibited. b. All freestanding signs shall meet the setback standards in subsection A3 of this section. c. All freestanding signs shall be set entirely within a landscaped area having at least the same square footage as the background area of the sign. The landscaped area shall include plants, ground cover, and materials that contribute to an aesthetic appearance and maintain clear vision for pedestrians and vehicles. The required landscaping area may be integrated with adjacent landscaping buffers, parking areas, or the vegetation surrounding an adjacent structure. All landscaping shall be maintained as set forth in UDC 11-3B-13 d. A permit is required for any freestanding sign. e. No sign permit for a freestanding sign shall be issued for any property and/or business without an existing structure or valid building permit for an allowed use within the applicable district. Freestanding business identification signs are prohibited on vacant property. f. Properties within six hundred sixty feet (660') of the Interstate 84 freeway right of way and properties adjoining the Interstate 84 interchanges, as depicted on figures 1 and/or 2 of this section are subject to the following standards: FEBRUARY 2013 UPDATE UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE - ZOA-12-003 PAGE 5 OF 12 (1) Such freestanding signs shall be in lieu of, and not in addition to, signs which may be permitted by the district provisions set forth in subsections B through H of this section. (2) Freestanding signs within six hundred sixty feet (660') of the Interstate 84 freeway right of way are prohibited in residential districts. (3) The maximum background area of any sign shall not exceed one hundred fifty (150) square feet. (4) The maximum height of any sign shall not exceed forty feet (40'). (5) Properties exceeding seven hundred fifty feet (750') of linear freeway frontage may be allowed an additional height allowance and background area allowance. Such sign shall not exceed fifty feet (50') in height nor shall such sign exceed three hundred (300) square feet of background area. Only one such sign shall be allowed per seven hundred fifty feet (750') of linear freeway frontage. ,~** 18. Wall Signs: Wall signs, when allowed by this article, shall meet the following standards: a. All wall signs shall count as part of the building sign allowance as set forth in subsections B through H of this section. b. Wall signs for a tenant shall be located over the main public entrance for such tenant. Wall signs for a tenant shall be prohibited over the main public entrance of another tenant. c. No wall sign shall exceed the height of the wall face. d. Wall signs may be nonilluminated or may have indirect, internal, or neon tube illumination. Direct illumination is prohibited. #. e. A permit is required for any wall sign. 19. Window Signs: Window signs, when allowed by this article, shall meet the following standards: a. All window signs shall count as part of the building sign allowance as set forth in subsections B through H of this section. b. Window signs shall not exceed more than one square foot per four (4) square feet of window area. c, Window signs may be nonilluminated or may have indirect, internal, or neon tube illumination. Direct illumination is prohibited. d. A permit is not required for window signs ** FEBRUARY 2013 UPDATE UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE - ZOA-12-003 PAGE 6 OF 12 Section . That Meridian City Code section 11-3D8C be amended as follows: *~~ C. Business Signs For Multi-Family Developments And Allowed Nonresidential Uses: In addition to the general standards for business identification signs set forth in this section, the following standards shall apply to business identification signs for multi-family developments and allowed nonresidential uses (R-2, R-4, R-8, R-15, R-40, and TN-R), excluding accessory uses: ~~~ Section 9. That Meridian City Code sections 11-3D-8D4(c), 11-3D-8D4(d) and 11- 3D-8D6 be amended as follows: *** D. Business Signs For L-O District: In addition to the general standards for business identification signs set forth in this section, the following standards shall apply to business identification signs for the limited office district (L-O): *** 4. Freestanding signs are allowed. In addition to the standards set forth in subsection A14 of this section, all freestanding signs shall meet the following standards: a. The maximum background area of any freestanding sign shall not exceed fifty (50) square feet. b. The maximum height of any freestanding sign shall not exceed eight feet (8'). c. A maximum of one freestanding sign is allowed per one hundred fifty feet (150') of linear street frontage der property. Properties with less than one hundred fifty feet (150') of linear street frontage shall be allowed a maximum of one such sign per property. d. Properties exceeding seven hundred fifty feet (750') of linear street frontage may be allowed an additional sign height and background area allowance. Such signs shall not exceed fifteen feet (15') in overall height and eighty (80) square feet of background area. Only one such sign shall be allowed per seven hundred fifty feet (750') of linear street frontage. Such freestanding signs shall be in lieu of and no_ t in addition to signs which may be permitted by the district provisions set forth in this section. e. Changeable copy signs proposed as freestanding signs are allowed. In addition to the standards set forth in subsection A12 of this section, all changeable copy freestanding signs shall meet the following standards: (1) Any changeable copy freestanding sign visible from a public street shall be programmed as follows: All displays, including, but not limited to, graphics, letters, numbers, color and/or f brightness shall remain unchanged for a minimum of eight (8) seconds, except that any text messages that are longer than the display area and do not contain any graphics may scroll in a consistent and predictable manner. FEBRUARY 2013 UPDATE UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE - ZOA-12-003 PAGE 7 OF 12 (2) Only one changeable copy sign proposed as a freestanding sign shall be allowed per property. 5. Portable signs are prohibited. 6. Projecting signs are ~re#~+~i-tert allowed and shall meet the standards set forth in subsection A17 of this section. 7. All other signs shall be prohibited, except as allowed by section 11-3D-9 of this article. ** Section l0e That a Meridian City Code section 11-3D8E4(c), 11-3D-8E4(d), and 11- 3D-8E6 be amended to read as follows: *** E. Business Signs For C-N, C-C, And M-E Districts: In addition to the general standards for business identification signs set forth in this section, the following standards shall apply to business identification signs for neighborhood business, community business, and mixed employment districts (C-N, C-C, and M-E): ~ * ~ 4. Freestanding signs are allowed. In addition to the standards set forth in subsection A14 of this section, all freestanding signs shall meet the following standards: a. The maximum background area of any freestanding sign shall not exceed seventy (70) square feet. b. The maximum height of any freestanding sign shall not exceed fifteen feet (15'). c. A maximum of one freestanding sign is allowed per one hundred fifty feet (150') of linear street frontage per propey. Properties with less than one hundred fifty feet (150') of linear street frontage shall be allowed a maximum of one such sign per property. d. Properties exceeding seven hundred fifty feet (750') of linear street frontage may be allowed an additional sign height and background area allowance. Such signs shall not exceed twenty feet (20') in overall height and one hundred fifty (150) square feet. of background area. Only one such sign shall be allowed per seven hundred fifty feet (750') of linear street frontage. Such freestanding signs shall be in lieu of, and not in addition to, signs which may be permitted by the district provisions set forth in this section e. Changeable copy signs proposed as freestanding signs are allowed. In addition to the standards set forth in subsection A12 of this section, all changeable copy freestanding signs shall meet the following standards: (1) Any changeable copy freestanding sign visible from a public street shall be programmed as follows: All displays, including, but not limited to, graphics, letters, numbers, color and/or brightness shall remain unchanged for a minimum of eight (8) seconds, except that any text FEBRUARY 2013 UPDATE UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE - ZOA-12-003 PAGE 8 OF 12 messages that are longer than the display area and do not contain any graphics may scroll in a consistent and predictable manner. (2) Only one changeable copy sign proposed as a freestanding sign shall be allowed per property. 5. Portable signs are prohibited. 6. Projecting signs are +ted-allowed and shall meet the standards set forth in subsection A17 of this section, except for signs on property within the C-C zoning district and that have an Old Town comprehensive plan designation. 7. All other signs shall be prohibited, except as allowed by section 11-3D-9 of this article. *** Section 11. That Meridian City Code section 11-3D8F4(c), 11-3D-8F4(d), and 11- 3D-8F6 be amended as follows: *** F. Business Signs In The C-G And H-E Districts: In addition to the general standards for business identification signs set forth in this section, the following standards shall apply to business identification signs for general retail and service commercial and high density employment districts (C-G and H-E): ** 4. Freestanding signs are allowed. In addition to the standards set forth in subsection A14 of this section, all freestanding signs shall meet the following standards: a. The maximum background area of any freestanding sign shall not exceed eighty (80) square feet. b. The maximum height of any freestanding sign shall not exceed twenty feet (20'). c. A maximum of one freestanding sign is allowed per one hundred fifty feet (150') of linear street frontage per property. Properties with less than one hundred fifty feet (150') of linear street frontage shall be allowed a maximum of one such sign per property. d. Properties exceeding seven hundred fifty feet (750') of linear street frontage may be allowed an additional sign height and background area allowance. Such signs shall not exceed thirty five feet (35') in overall height and two hundred (200) square feet of background area. Only one such sign shall be allowed per seven hundred fifty feet (750') of linear street frontage. Such freestanding signs shall be in lieu of, and not in addition to, signs which may be permitted by the district provisions set forth in this section. e. Changeable copy signs proposed as freestanding signs are allowed. In addition to the standards set forth in subsection A12 of this section, all changeable copy freestanding signs shall meet the following standards: FEBRUARY 2013 UPDATE UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE - ZOA-12-003 PAGE 9 OF 12 (1) Any changeable copy freestanding sign visible from a public street shall be programmed as follows: All displays, including, but not limited to, graphics, letters, numbers, color and/or brightness shall remain unchanged for a minimum of eight (8) seconds, except that any text messages that are longer than the display area and do not contain any graphics may scroll in a consistent and predictable manner. (2) Only one changeable copy sign proposed as a freestanding sign shall be allowed per property, except properties abutting two (2) arterial streets may be allowed one changeable copy freestanding sign along each arterial street. 5. Portable signs are prohibited. 6. Projecting signs are p~i~+ted allowed and shall meet the standards set forth in subsection A17 of this section. 7. All other signs shall be prohibited, except as allowed by section 11-3D-9 of this article. Section 12. That Meridian City Code section 11-3D-8H4(a), 11-3D-8H4(b), 11=3D- 8H4(d) and 11-3D-8H6 be amended to read as follows: ** H. Business Signs For Industrial Districts: In addition to the general standards for business identification signs set forth in this section, the following standards shall apply to business identification signs for industrial districts (I-L and I-H): ** 4. Freestanding signs are allowed. In addition to the standards set forth in subsection A14 of this section, all freestanding signs shall meet the following standards: a. The maximum background area of any freestanding sign shall not exceed seventy (70) square feet. Except that for properties with an approved accessory use, the maximum background area of any freestanding sin shall not exceed eighty (80) square feet of background area. b. The maximum height of any freestanding sign shall not exceed fifteen feet (15'). Except that for properties with an approved accessory use, the maximum height shall not exceed twenty feet ,~20'Zin overall height. c. A maximum of one freestanding sign is allowed per street frontage. d. Properties exceeding seven hundred fifty feet (750') of linear street frontage may be allowed an additional sign height and background area allowance. Such signs shall not exceed twenty five feet (25') in overall height and one hundred fifty (150) square feet of background area. Only one such sign shall be allowed per seven hundred fifty feet (750') of linear street frontage. Such freestanding signs shall be in lieu of, and not in addition to, signs which may be permitted by the district provisions set forth in this section. FEBRUARY 2013 UPDATE UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE - ZOA-12-003 PAGE 10 OF 12 e. Changeable copy signs proposed as freestanding signs are allowed. In addition to the standards set forth in subsection A12 of this section, all changeable copy freestanding signs shall meet the following standards: (1) Any changeable copy freestanding sign visible from a public street shall be programmed as follows: All displays, including, but not limited to, graphics, letters, numbers, color and/or brightness shall remain unchanged for a minimum of eight (8) seconds, except that any text messages that are longer than the display area and do not contain any graphics may scroll in a consistent and predictable manner. (2) Only one changeable copy sign proposed as a freestanding sign shall be allowed per property. f. Directional signs are allowed and shall meet the standards set forth in subsection A13 of this section. 5. Portable signs are prohibited. 6. Projecting signs are allowed and shall meet the standard set forth in subsection A17 of this section. 7. All other signs shall be prohibited, except as allowed by section 11-3D-9 of this article. Section 13. That Meridian City Code section 11-3D-9E be amended to read as follows: ** E. General Standards For Limited Duration Signs; The following standards shall apply to all limited duration signs in all .districts: 1. All limited duration signs shall be securely fastened to the .ground or to a permanent structure. Signs shall be erected in a manner that does not create a potential hazard of any kind. The attachment line for inflatable signs shall not be within ten feet (10') of the nearest overhead power line. 2, No limited duration sign shall be located closer than five feet l5') from any street property line and twelve and one-half feet (12 5' from any rear or interior side property line •2-3. No limited duration sign shall be illuminated. Illumination is prohibited. 3.4. No limited duration sign shall. be located within a public right of way. 4.5. All limited duration signs shall be weatherproofed and kept in a state of good appearance, safety, and repair. Any damaged or potentially hazardous sign shall be repaired or removed immediately. a.6. A maximum of one such sign shall be displayed per business at any one time. 6.7. Limited duration signs shall maintain a minimum fifty feet (50') of spacing from any and all other approved freestanding and limited duration signs. FEBRUARY 2013 UPDATE UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE - ZOA-12-003 PAGE 11 OF 12 ~.8. The background area for limited duration banner signs located on an exterior of a building shall not exceed thirty two (32) square feet per business, except that businesses having over one hundred thousand (100,000) square feet of gross floor area shall be allowed sixty four (64) square feet for such sign. ~9. The background area for freestanding limited duration signs, shall not exceed twenty (20) square feet. X10. Balloons and other inflated devices that are limited duration signs shall be no greater than one and one-half (1 ~/2) times the maximum building height within the district. -1.9:11. Electrical components shall be prohibited as part of a limited duration sign, except electrical pumps may be allowed for balloons and other inflated devices. (Ord. 09-1436, 12-15-2009, eff. 1-1-2010) Section 1 That all other provisions of Title 11 as they relate to the Unified o~p,TFn AUCUSl' 1 ' X40 FEBRUARY 2013 UPDATE UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE - ZOA-12-003 PAGE 12 OF 12 TICS A ULIE U AR F INANCE PURSUANT T I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE N0.13- JSySv A INANCE A E IG E IA CITY CODE A C IFIE A TITLE 11, ENTITLE THE UNIFIED DEVELOP ENT CODE, F THE ME .DIAN CITY C DE; AN PROVIDING F A WAIVE F T E AIG RULES; AND PROVIDING A EFFECTIVE ATE. The full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Broadway, Meridian, Idaho. This ordinance shall become effective upon its passa e and pu li tion. ~GO~4pgATED,9~C~S Ci of 1 i n -~ E rD1~N~.. Mayor City Council °' '~AHO ~' By: Jaycee Holman, City Clerk ~~y~ S Y ~~of~~~ rREesv~~y~~~~ First Reading: Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code § 50-902: YES NO Second Reading: Third Reading: STATE ENT OF MERIDIAN CITY ATTO EY AS TO ADEQUACY F SUMMARY OF INANCE N. 13- The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance no. 13- I ~{ of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50-901A(3). DATED this da of _ _, 13. Y William. L.M. Nary, City Atto ey FEBRUARY 2013 UPDATE UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE -SUMMARY PAGE 1 OF 1 " i DATE: I E_~STAFF TO I AG NCOY I APPLICANT I NOTES I INITIALS