2019-01-08
C I T Y C OUNC I L W ORKSH OP
M EET I NG AGENDA
C ity Council Chamber s
33 E ast B roadway Avenue
M er idian, I daho
Tuesday, J anuary 8, 2019 at 3:00 P M
1. Roll-C all Attendance
X A nne L ittle R oberts X J oe Borton
X Ty P almer X Treg B ernt
X Genesis Milam X L uke Cavener
X Mayor Tammy de Weerd
2. P ledge of Allegiance
3. Adoption of Agenda Adopted
4. Consent Agenda Approved
A. F inal Order for C aven Ridge E states West No. 1 (H-2018-0134) by
New C avanaugh, LLC , L ocated South of E. Victor y Rd. on the West
side of S . S tanding T imber Way
B. F indings of F act, C onclusions of L aw for S helburne E ast (H-2018-
0112) by S helburne P r operties, LLC , L ocated at 4080, 4115, 4205,
4301 and 4330 B ott L n.
C. D evelopment Agreement for Altur as (H-2018-0105) with Altur as
1550 Tech, LLC (O WNE R/D EVE L O PER) located at the North side
of W. O verland Rd., midway between S . L inder Rd. & S. M eridian
Rd., in the S W 1/4 of S ection 12, T.3N., R.1W
D. Acceptance Agr eements for D isplay of Artwork in Initial P oint
G allery
1. J ohn K illmaster, March 2019
2. R uthanne Oliver, A pril 2019
3. L aura Yager, A pril 2019
4. West A da S chool District, May 2019
5. Mary Gardiner, J une 2019
6. Gary McCall, J une 2019
7. Mark W illiam Watkins, J uly 2019
8. Nadene K ranz, A ugust 2019
E. Approval of Purchase O rder for Turnout G ear to M unicipal
E mergency S ervices for the Not-to-E xceed amount of $50,891.64.
F. Awar d of B id and Approval of C ontr act to S onntag Recr eation,
LLC for the “Kleiner P ar k B and S hell S hade” project for a Not-To-
E xceed amount of $93,995.00.
G. City F inancial Report - D ecember 2018
H. AP I nvoices for P ayment 01/09/19 - $338,519.43
5. Items M oved F rom the C onsent Agenda
6. Community I tems/Presentations
A. M eridian D evelopment C or poration Q uar ter ly Report on
D evelopment and Activities in the D owntown C ore
B. S olid Waste Advisory C ommission: Report and Recommendation
to E xpand T r ash or T r easure P r ogram [Action Item]
Approved to expand citywide
C. S olid Waste Advisory C ommission D iscussion Regar ding
O rganization
D. S olid Waste Advisory C ommission D iscussion Regar ding Wheeled
C ar t C ollection Placement S tandards
7. Action I tems
A. Continued from D ecember 11, 2018: Request to P r ovide Water and
S ewer S ervice to Un-annexed P roperty at 5233 W. F ranklin Rd.
Approved
8. D epar tment Reports
A. Human Resour ces D epar tment Annual Report
B. Vehicle S haring P rogr am P rogr ess Repor t
C. M ayor's O ffice: P ost O ffice Update
D. L egal: C onflict of Interest O rdinance D iscussion
E. P olice: I daho Humane S ociety Animal Contr ol Contr act B udget
Amendment Not to E xceed $9,528 [Action Item]
Approved
F. Council: I C RM P T raining
G. E lection of C ity C ouncil O fficers [Action Item]
Joe Borton – President
Luke Cavener – Vice President
9. O rdinances [Action I tems]
A. O rdinance No. 19-1802: An O rdinance (H-2018-0105 – Altur as
1550 Tech L ane) F or T he Re-Zone Of A P ar cel O f L and
S ituated In T he S outheast ¼ O f T he Southwest ¼ Of S ection 4,
Township 3 Nor th, Range 1 West, B oise M eridian, C ity O f
M eridian, Ada C ounty Idaho; E stablishing And D etermining
T he L and Use Zoning C lassification O f 7.24 Acr es F rom I-L
(L ight Industr ial) Zoning D istr ict To C -G (G eneral Retail And
S ervice C ommer cial) Zoning Distr ict In T he M eridian City
Code; P r oviding T hat C opies O f T his O r dinance S hall B e F iled
With T he Ada County Assessor, T he Ada C ounty Recorder,
And T he Idaho S tate Tax C ommission, As Required B y L aw;
And P r oviding F or A S ummary O f T he O r dinance; And
P roviding F or A Waiver O f T he Reading Rules; And P r oviding
An E ffective D ate.
Approved
10. F uture M eeting Topics
11. E xecutive S ession per Idaho S tate C ode 74-206(1)(a): To consider
hiring a public officer, employee, staff member or individual agent,
wher ein the respective qualities of individuals ar e to be evaluated in
order to fill a par ticular vacancy or need; 74-206(1)(d): To consider
r ecor ds that ar e exempt from disclosure as pr ovided in chapter 1, title
74, Idaho C ode and 74-206(1)(f): To communicate with legal counsel for
the public agency to discuss the legal r amifications of and legal options
for pending litigation, or controver sies not yet being litigated but
imminently likely to be litigated.
Into Executive Session at 7:46pm
Out of Executive Session at 9:45pm
Adjourned at 9:45pm
All mater ials presented at public meetings shall bec ome pr oper ty of the C ity of Meridian.
Any one desir ing accommodation for disabilities related to doc uments and/or hearing,
please c ontac t the C ity Clerk's Offic e at 888-4433 at least 48 hours prior to the public meeting.
Meridian City Council Workshop January 8, 2019.
A Meeting of the Meridian City Council was called to order at 3:02 p.m., Tuesday, January
8, 2019, by Mayor Tammy de Weerd.
Members Present: Tammy De Weerd, Joe Borton, Luke Cavener, Ty Palmer, Genesis
Milam, Anne Little Roberts and Treg Bernt.
Also, present: C.Jay Coles, Bill Nary, Jeff Lavey, Shawn Harper, Joe Bongiorno, and
Dean Willis.
Item 1: Roll-call Attendance:
Roll call.
X__ Anne Little Roberts X _ _Joe Borton
X__ Ty Palmer X__ Treg Bernt
__X___Genesis Milam __X___Lucas Cavener
__X_ Mayor Tammy de Weerd
De Weerd: Thank you for joining us. I'm going to go ahead and call this meeting to order.
For the record it is Tuesday, January 8th. It is two minutes after 3:00. We will start with
roll call attendance, Mr. Clerk.
Item 2: Pledge of Allegiance
De Weerd: Item No. 2 is the Pledge of Allegiance. If you will all rise and join us in the
pledge to our flag.
(Pledge of Allegiance recited.)
Item 3: Adoption of Agenda
De Weerd: Item 3 is adoption of the agenda.
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: I move that we adopt the agenda as published.
Cavener: Second.
De Weerd: I have a motion and a second to adopt the agenda. All those in favor say
aye. All ayes.
MOTION CARRIED: ALL AYES.
Meridian City Council Meeting Agenda January 22, 2019 – Page 6 of 594
Meridian City Council Workshop
January 8, 2019
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Item 4: Consent Agenda
A. Final Order for Caven Ridge Estates West No. 1 ( H- 2018- 0134)
by New Cavanaugh, LLC, Located South of E. Victory Rd. on the
West side of S. Standing Timber Way
B. Findings of Fact, Conclusions of Law for Shelburne East (H-
2018-0112) by Shelburne Properties, LLC, Located at 4080, 4115,
4205, 4301 and 4330 Bott Ln.
C. Development Agreement for Alturas (H- 2018-0105) with Alturas
1550 Tech, LLC (OWNER/DEVELOPER) located at the North side
of W. Overland Rd., midway between S. Linder Rd. & S. Meridian
Rd., in the SW 114 of Section 12, T.3N., RAW
D. Acceptance Agreements for Display of Artwork in Initial Point
Gallery
1. John Killmaster, March 2019
2. Ruthanne Oliver, April 2019
3. Laura Yager, April 2019
4. West Ada School District, May 2019
5. Mary Gardiner, June 2019
6. Gary McCall, June 2019
7. Mark William Watkins, July 2019
8. Nadene Kranz, August 2019
E. Approval of Purchase Order for Turnout Gear to Municipal
Emergency Services for the Not -to -Exceed amount of $50, 891.
64.
F. Award of Bid and Approval of Contract to Sonntag Recreation,
LLC for the " Kleiner Park Band Shell Shade" project for a Not-
To-Exceed amount of $93, 995.00.
G. City Financial Report - December 2018
H. AP Invoices for Payment 01/ 09/ 19 - $ 338, 519. 43
De Weerd: Item 4, Consent Agenda.
Borton: Madam Mayor?
De Weerd: Mr. Borton.
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Borton: No changes noted on the Consent, I move that we approve it. The Mayor to sign
and the Clerk to attest.
Cavener: Second.
De Weerd: I have a motion and a second to approve the Consent Agenda. Mr. Clerk, will
you call role.
Roll call: Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea; Bernt,
yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Item 5: Items Moved From the Consent Agenda
De Weerd: There were no items moved from the Consent Agenda.
Item 6: Community Items/Presentations
A. Meridian Development Corporation Quarterly Report on
Development and Activities in the Downtown Core
De Weerd: Item 6-A is under the Meridian Development Corporation, our quarterly
meeting, and I will turn this over to Ashley. Thank you for joining us, Ashley. Happy New
Year.
Squyres: For the record, Ashley Squyres, administrator for the Meridian Development
Corporation. My address is 104 East Fairview Avenue, 239, Meridian. And in your packet
you should have a summary of October to December 2018 activities -- in your packet you
should have the activities of our agency from October to December and I think most of
you are probably pretty well in the know as to what we have been up to in terms of the
old city hall block. You did receive some kickoff meeting notes right before the holiday
from us, so as you can see we are on track with that project, in addition to a really
outstanding update on the Nine Mile floodplain. One thing that I didn't note in our report
is that our agency did undergo its fiscal year '18 audit in November and we were deemed
clean and so you will see that audit attached to our annual report in April. I'm hoping you
will take a little bit of pity on me today, been fighting a little bit of an infection and my throat
is a little straggly, so I didn't plan on talking a whole lot today, but I'm more than happy to
answer any questions you may have on anything that we have reported on in the -- in the
written report in your packets.
De Weerd: Thank you, Ashley. Council, any questions?
Little Roberts: Madam Mayor?
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De Weerd: Mrs. Little Roberts.
Little Roberts: Madam Mayor. Ashley, first of all, thank you. I know that you have been
getting a lot done and it's greatly appreciated. I noticed that you said there was a change
with the Union Pacific rep and I just wondered your opinion if you thought that was going
to slow things down regarding the parking space.
Squyres: Madam Mayor, Council Woman Roberts, you know, I don't think it can go any
slower than it already has been, unfortunately.
De Weerd: Yes, it could. Don't say that.
Squyres: Knock on wood. We have -- we have had an application in since February.
When I did speak to the representative in December he was just coming on board. So, I
repackaged everything and all the communications we have had to date and sent it to
him directly. I'm going to give them until the end of this week and if I don't hear from him
I'm hoping to schedule a conference call next week with him to be able to kind of figure
out where he is, what he's thinking. We do know that he is communicating with another
property owners in our district right now, so we do know he is jumping in and getting his
feet wet. So, I'm hoping that we are going to be able to get an action plan in place to be
able to move forward as quickly as possible. He knows that we have budget, he knows
that we have interest and he seemed very receptive to working with us. So, fingers
crossed.
Little Roberts: Thank you.
De Weerd: Thank you. Any other questions? Okay. Thank you, Ashley.
Squyres: Thank you so much.
B. Solid Waste Advisory Commission: Report and
Recommendation to Expand Trash or Treasure Program [Action
Item]
De Weerd: Item 6-B is under our Solid Waste Advisory Commission and we have our
chair here. Welcome, Steve.
Cory: Madam Mayor, Members of the Council, I am Steve Cory, Chairman of the Solid
Waste Advisory Commission, and I'm here at their request. I have with me here Brett
Baranco of the Meridian Police Department. We will be discussing the Trash Or Treasure
program we do on an annual basis. If you remember that's something that Brett became
familiar with when he was attending services for his brother in law and he has helped us
by bringing it back to Meridian and giving us a unique event that is Meridian's and is not
repeated elsewhere in the valley. We are at that time where we are starting to look at the
2019 Trash Or Treasures program. As you remember it's set up to run right before the
spring cleanup -- unlimited spring cleanup. The unlimited spring cleanup for our residents
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would be between May 6 and May 10th this year. So, what we are talking about is an
event that would be just immediately before that time. If you remember we had mentioned
before that we are ready to go ahead and take this program city wide and that's what I
wanted to go ahead and check and see is it -- if Council is still comfortable with that plan.
We expect with some posting of some more educational materials that this is going to
become less of an activity for the Solid Waste Advisory Commission and staff and become
something that's more owned by the citizens of Meridian and they will have the tools to
be able to participate directly without as much prep work as we have done recently. We
do intend to go ahead and put together the materials explaining this extensive outreach
activity. We are planning to do billing inserts, information on Republic's and the city's
websites and information on the city's social media sites. It will -- even so we can expect
this year that there will be a need for someone to be able to take phone calls, because
there will be more questions and so with that we realized that we are going to need a little
bit of city staff that would include Chanti over in Public Works, probably Kaycee Emery
and also David Miles in Public Works and with that I would like to kind of find out if the
Council has any questions or concerns about our initiating this activity.
Cavener: Council, any questions, comments or concerns?
Cavener: Madam Mayor?
De Weerd: Mr. Cavener.
Cavener: No concerns. No -- no questions. I mean I guess -- the only question I guess
is maybe before the Mayor in terms of staffing resources that -- are they available to meet
the needs of this program?
De Weerd: I guess in the marketing realm I think we can certainly address those. I -- I
think the -- the pilot has -- has brought to light a couple of concerns in how long do you
leave things out, when are they going to get picked up and, and that -- that seemed to be
a frequent question last year is, okay, I think the program is over, when is someone going
to come and pick up what -- what other people haven't taken and has that been addressed
and -- and discussed in SWAC?
Cory: We know that each portion of the city has their assigned date that the material will
be picked up between May 6th and May 10th. So, the question really kind of comes as
to when would the homeowner's associations and/or citizens want -- how much before
that would they want to have things out. Maybe the ones that are on Monday we do what
we have done in the past, which is to have it out on the weekend, but the ones that are
later in the week say they have got a Thursday pickup, maybe they are only putting it out
on the curb on Tuesday and Wednesday, if it's still there on Thursday it gets picked up
and it's gone. So, that detail I'm going to have to leave to Brett. Brett is the subcommittee
chair and he will want to figure out how to adjust the wording to match that. But it does
lead to an issue that I have not mentioned at that point, which is our current ordinance is
something can only sit on the curb for 24 hours. So, probably we need to go ahead and
have an exemption during that week where material could stay on for two or three days
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before it's picked up and removed as a suggestion to Council for consideration. But I
believe that will address the issue. I suppose it's quite possible some homeowner's
associations would be comfortable with the material being placed on Saturday and not
picked up until Thursday, but I don't know if many homeowner's associations that would
endorse that.
De Weerd: Yeah. I -- I -- Brett, do you have anything that you would like to add or -- or
Dave Miles?
Milam: Madam Mayor?
De Weerd: Yes.
Milam: I know that, you know, anytime there is a new program given to people there is
going to be some confusion and so I don't -- I don't think there is any way to eliminate that
altogether. I do feel, however, though, going city wide with the program allows us to
market much more extensively, maybe starting earlier, you know, hopefully, educating
people as much as possible, so that when the time comes they understand how the
program works, but it is going to be the first year for most of the neighborhoods in Meridian
and so I'm sure there will be some -- some people that are confused and there is going
to be a learning curve and I don't think there is anything that can be about that, other than,
you know, really educating people as much as possible before the event happens. I don't
think that there will be any confusion or events that are going to be so bad that we
shouldn't do the program. Oops, nobody picked up my trash and like they can still come
back and get it or -- it's all pretty minor in the scheme of things.
De Weerd: I will ask Dave first make a few comments and then --
Miles: Thank you, Madam Mayor, Members of the Council. As staff we did meet internally
with Republic Services and the SWAC chair and Council Member Milam sort of touches
right on it, that we do predict or expect that there will be some challenge for
communication, but we do have the resources between Republic Services and our staff
that we think we can communicate this well with SWAC and with the subcommittee
membership to the community. It is a learning curve, though. You're talking about -- I'm
not sure how many communities we did in the past two years, but you're talking about
going from roughly a few subdivisions to every subdivision. So, there has to be an
expectation that there will be a communication that has to be done and that, hopefully,
that message gets heard and conveyed to everyone and by everyone, but there is always
room for interpretation and messaging. Some of the other aspects we talked about is
Republic Services is committed to picking up the material, so that's good to hear. And,
then, as Chairman Cory mentioned, there is a 24 hour notice for trash to be set out under
our current ordinance, so we would need to amend the ordinance if we wanted to move
forward and, certainly, I will let Mr. Nary speak to the need for that if -- if I misconveyed
that, but we need to change the ordinance to allow for a longer period of trash and material
to sit on the side of the road while Republic works through the unlimited trash collection
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week preceding the event over the weekend. So, be happy to answer any questions at
that point.
De Weerd: So, beyond that we can -- we got the marketing and communication plan
down, but on all fronts the group that's met feels comfortable moving forward?
Miles: Madam Mayor, I think that's a correct statement. I think, yeah, we do have these
resources able to -- to communicate that message and to make it happen. We just want
to be clear that, you know, it's a new project, it's a new effort citywide, so there will
probably be some bumps and let's figure them out and see how they go.
De Weerd: There is bumps on every new program; right? Mr. Nary, maybe you can
address the ordinance.
Nary: Madam Mayor, Members of the Council, so there is a provision in our code that
requires the removal of your trash containers for the 24 hours of pickup. There is no
exception. So, we can create an exception if the city were to designate that, that we
would grant an exception for that -- for this period of time, because, realistically, I think,
as Mr. Cory stated, if people put it out on the weekend and their pickup day is Wednesday
or Thursday of the following week, the likelihood they are going to haul it back onto their
property and, then, haul it back out to the curb four days later is pretty remote. I would
imagine most people won't. So, that is our -- you know, obviously, from a code
enforcement standpoint they do get calls today about -- about trash receptacles and
things like that. So, we wanted to avoid that issue and give the city -- and there may be
other issues in the future that there may be a necessity for the city to have an exception.
The one that came to mind is during the Snowmageddon event a couple years ago we
really didn't enforce that very heavily because it was very difficult for people to get them
to the curb and much less get them back from the curb within 24 hours. So, we did not
take an active role in enforcing that, even though that was in the ordinance at the time.
Certainly that was a rare event and, hopefully, not to be repeated, but there may be other
occasions besides this that the city may designate a longer period of time that something
could allow to remain out there, but that was our only fix to that particular question.
Otherwise, we will be fielding calls and having to address that with folks. And, again, with
it being city wide we don't know if this is going to be a huge issue or not.
De Weerd: Okay. Any further questions or comments? Anything -- Brett, do you have
anything that you want to add?
Baranco: Nothing to my recollection, Madam Mayor. I think everything's been covered.
I think we have had some successful trial runs and have learned from things that have
happened throughout and, again, from the start -- I believe it was 2015 I think that this
would be great for the city and I still think so today.
De Weerd: Very good. Steve, any final comments? Thoughts?
Cory: Nothing more, Madam Mayor. Thank you for the opportunity.
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De Weerd: Okay. Rachel, anything from Republic? You can only speak in front of the
microphone.
Klein: Madam Mayor, Members of the Council, Rachel Klein, Republic Services, 2130
West Franklin, Meridian. I did have a question as we were talking in our subcommittee
meeting, you know, that city code establishes a framework for all citizens to abide by, but
I don't know if HOAs could be more restrictive. Like if the city says this is an exemption
for this week and -- and code enforcement won't be out tagging carts, because we realize
people will put stuff out on the weekend and they may leave it out for collection on even
a Thursday or Friday, but I don't know if HOAs can, then, be more restrictive and say we
understand the city's doing this, but we would like to make sure that -- and, you know,
Burney Glen everyone brings it back to their garage and, then, puts it back out. I don't
know that, but that's just something that came to mind as I heard you guys talking that
you may find a little bit -- some HOAs may want to be more restrictive.
De Weerd: HOAs have their CC&Rs, but they enforce them, we don't.
Klein: Oh, sure.
De Weerd: So --
Klein: Thank you. That was the only thing.
De Weerd: Anything you wanted to add to that, Mr. Nary?
Nary: No. Exactly right.
De Weerd: Okay. Mrs. Milam.
Milam: I move that we accept the recommendation from the Solid Waste Advisory
Commission to expand Trash Or Treasure program to include the entire City of Meridian.
Cavener: Second.
De Weerd: I have a motion and a second to move this forward. Any discussion?
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: Part of that will be the ordinance amendment coming back to --
De Weerd: It would have to in order to --
Milam: To amend the ordinance.
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De Weerd: We will bring back the ordinance for Council action and by you moving this
forward it would need that ordinance change. Okay. Mr. Clerk.
Roll call: Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea; Bernt,
yea.
De Weerd: All ayes. Thank you.
MOTION CARRIED: ALL AYES.
Cory: Thank you, Madam Mayor, Members of the City Council. Appreciate your support.
Milam: Let's start marketing.
C. Solid Waste Advisory Commission Discussion Regarding
Organization
De Weerd: Well, I -- or let's start shopping. We at least know shopping week; right?
Okay. Item 6-C is Mr. Nary's.
Nary: Thank you, Madam Mayor, Members of the Council. I know the ordinance parts
are always the most exciting part of the conversation, so I get this one. There is two and
the first one I'm going to talk about is the organization of the Solid Waste Advisory
Commission and -- and there are certainly enough people here that can answer some of
the questions of how we got -- how we got here. I can give you a little background for
both the folks here, as well as those that are maybe watching online. So, the Solid Waste
Advisory Commission was established in about 2010, but it preexisted that as an advisory
committee and had been in existence for a number of years predominantly to address the
recycling funds and how recycling funds were collected, how those were then dispersed
throughout the city through different programs, through playground equipment and some
other items around the city, and that's the main function of the Commission that existed
back in the early 2000s and mid 2000s. As it evolved and as the recycling program sort
of ebbed and flowed with how the markets were, the commission also became in place
to help weigh in on other programs, as well as the rates that were administered. There is
a -- there is a specific in the contract with a franchisee which was previously SSC, now
Republic Services, on how rates are determined annually, but there are other services
that are provided and rates related to those. So, this citizens commission was, then,
moved from a committee status to a commission status to be able to weigh in on those
issues, to participate in that, having public input about programs and rates and the
different things that are done throughout the county, each individual city throughout the
county has their own program in how solid waste is done. Republic Services handles the
majority of the waste collection in Ada county and so they have been the franchisee of
most of our cities and including us. Over time, as many of you are aware, especially in
the recycling arena, it has become very complicated. It is not quite so simple as it may
have been ten years ago where there is a very steady stream of market of where
recyclables go, how they are done, how they are managed, how they are paid, how they
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are purchased, And, then, there is a revenue stream that returns back to the city. It's not
quite so simple anymore. It changes dramatically and a lot of it is driven by foreign
markets and not driven by local markets and so it has become very complicated to deal
with and many cities have done it in different ways, but our neighbor to the east has had
a coordinator on staff for a number of years to work directly with the vendor. There is a
lot of coordination of city services and city needs that are managed by staff. Well, we
haven't had staff. So, the commission has stepped into that role for a number of years
and doing that -- now you have volunteers that are made up of citizens, as well as some
city staff, to manage your commission, the agenda, the minutes and all of the extraneous
work that needs to get done, as well as processing payments that are made or processing
the payments that are received and, then, also recycling. So, it's gotten really complicated
and sometimes what happens is the disconnect between something that might be really
primarily a city function that a volunteer -- and I have to commend Chairman Cory as
probably the best volunteer we have and I don't mean that to slight any of the other
commissions, but Chairman Cory has been a trooper in handling many of these things for
the city in both being the chair of our commission, as well as the Ada county solid waste
commission and being our go between, but we recognize that it's not the most efficient
way to run a business like this and so you folks approved earlier and Public Works is in
the process of hiring a coordinator for the city and so that person will manage the city's
expectations and needs in conjunction with the commission. So, we worked with the
commission, both from the staff and the commissioners, to determine what do we need
the commission to do that's really commission work, public input, public participation,
rates, programming, the Trash To Treasure, other recycling programs. Again, the rates
are probably the key component. We would like to have that citizen component of
weighing in on what makes sense for our citizens, what services are needed and how
they get paid for and who pays for them and how that's done. We have had a number of
them this year. Again, the glass recycling is another good example of that that's come
through the commission. So, what was intended was to try to carve out what is
predominantly a city function that our city needs, whether it's the expenditure of money,
processing payment -- processing a payment to someone or receiving payments and
things that -- that way it gives Republic a contact point that isn't a commission that meets
monthly, but is a person that's on staff and so that -- that was something Republic was
very supportive of, because, again, there is a lot of daily things that occur, maybe weekly
is probably better than daily, but there are a number of activities that occur that it's difficult
to have to work through either the volunteer chair or a staff member that's a member of
the commission that has other duties to do besides that and, then, try to coordinate all of
that and, then, bring it to the Commission on a monthly basis for approval. Not very
practical. So, we looked at carving out city duties and, then, working with the commission
on what made the most sense for them and -- and that's what's before you. So, we
already have a structure in our code on what commissions look like. This is the only
commission remaining that has city staff on it and we recognize that this appeared to be
a better opportunity to remove the city staff from being on the commission to providing
the support functions which is really their intent of being there to provide whatever support
is needed and, again, allow citizen -- more citizen participation in the commission itself.
So, that's really what's in front of you is that restructure. It removes the citizen -- or the
city employee -- employee positions that are currently on there and is trying to fashion it
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to fit in the industry, as well as citizen participation, because one -- as you may notice one
of the things on there for members is a person in the industry. It wasn't intended for that
person to have to be a resident, because part of what helps the commission is having
someone knowledgeable in the subject area, because there is such specifics about it.
Now, again, this commission gets a lot of support from our franchisee in getting that
information, but we felt, again, from the citizen side having a person with a level of
expertise in the industry -- right now Mr. Neil is a former -- the former head of the county
landfill, so he is currently serving in the Public Works position that is the designated -- one
of the designated slots. Our desire was to have Mr. Neil continue his service and fill that
particular position of the industry expert. The rest were all positions related to residents.
We talked about -- and we didn't include this specifically. It could be included in the
ordinance if you wish or simply an emphasis as the Mayor looks for members that have
interest in this -- in this area of business owners within the city, because we have many
business owners that don't reside in the city, but yet their businesses are impacted by the
solid waste collection and that might be another area that we may have a specific person
for that. Sometimes -- and the Mayor is probably a better judge of this -- it can be difficult
if you get too many specific positions that have to be filled, because sometimes you don't
get people that have that level of interest that fit that little slot. So, we thought it would be
better to leave it broader, but still looking for folks in that area, at least until we, you know,
feel comfortable that there really is a desire of people to serve in those different areas.
But that was really kind of the intent of that was to create a citizen-only commission that
would handle, again, the -- the issues that were really relevant to citizens weighing in on
these programs and the rates and those types of things. We could put this into place
whenever you feel comfortable. There is no need to add to the commission right now if
you don't wish. The way our commissions are all structured is all of our commissions we
allow them to be up to nine -- some have nine. I believe the parks commission and
transportation have nine. Some have less than nine. Historic preservation has seven.
So, it's -- it's really dependent on the Mayor's desire, as well as the interest that exists,
but that's totally a call that can be made at a later time. It doesn't change anything the
way the current structure of our commissions are. Removing these two positions off the
commission still leaves them five. So, there would certainly be enough for them to
continue business and, again, if the desire was to add up to nine that certainly can be
done. I would stand for any questions or, again, if you had specifics in regards to the
commission Mr. Cory certainly could weigh in, Rachel is here from Republic to give you
their perspective if you would like, but that's the basis of why this is in front of you.
De Weerd: Okay. Council, any questions?
Cavener: Madam Mayor?
De Weerd: Mr. Cavener.
Cavener: Mr. Cory, would you entertain a question?
Cory: Certainly, Council Member.
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Cavener: Thank you. Appreciate you being here. Appreciate your ongoing dedication to
the SWAC. One of the pieces in this proposal that I have wrestled with and I'm curious
to really hear your perspective is I think that it limits somewhat the authority of our citizen
board to propose rules or propose changes. That part gets stricken out, you guys are,
essentially, a review and recommend committee and I'm just curious from someone who
has been involved in SWAC for a significant amount of time if you have any feelings on
that or comments you wanted to make around that particular subject.
Cory: Thank you, Councilman Cavener. Yes, having been in the environmental business
for 30 years I have certainly noticed that communities as they grow hit a point where there
are issues that start to come up that need to be directed by the city itself. Certainly
because of the experience that I have had over the last few years I have recognized that
there are issues that are coming from the county and from our citizens that need decisions
to be made and I have made major efforts during this bridge to make sure that you as the
Council are aware of these, since they are strategic and -- and directional decisions that
define how we will manage solid waste and there comes a point where those issues,
which are really ones that the city government is making, need to be made by citizen --
city employees, because of the need for authority and -- and various other issues and it
was my view at this point that we had hit that point. Boise similarly had no professional
staff until they hit about 32,000 households and we have hit 32,000 households. So, we
have, you know, hating to use only a single example, but it does seem like this is the point
where the city staff does get involved and what we have left, things like their rate reviews
and various other policy reviews, is certainly a full plate for us. We have been a partner
in the development of this ordinance. We have worked with staff and -- and with Republic
on how to go ahead and set things up. We went ahead and reviewed the draft and the
-- the commission went ahead and voted unanimously to pass it to you for consideration
with a do pass recommendation. We are very comfortable with it and we do think Meridian
has reached the size that they need this city staff support.
Cavener: Madam Mayor, follow up.
De Weerd: Yes.
Cavener: Steve, do you ever anticipate a time that the SWAC board would want to
propose a rule or a regulation or a fee separate from, again, a recommendation that would
come from our waste provider or from staff? Maybe that's the crux of being a citizen
group is that you do have some authority. You're representing our community to say this
is what we think is best, in addition to working with our staff and with our provider, but
there is a certain amount of authority that comes from our citizen led that he is going to
be removed. I'm just curious if there has been a time that -- or you could envision a time
where this body would want to do that?
Cory: Councilman Cavener, Madam Mayor, if I may -- Bill, I was thinking that that -- that
some of the decisions about reviewing and recommending on ordinance changes stayed
with the commission.
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Nary: Council Member Cavener, I don't anticipate really I guess maybe what you're
concerned with, because really the effectiveness of the commission -- all of the
commissions -- I mean very few of them, other than the Planning and Zoning Commission,
have any rulemaking authority, but yet all of our commissions work hand in hand with our
staff to make sure they are one consistent message and I don't anticipate that being any
different. I really think the most effective use of citizen commissions is to do it
collaboratively, so that way there is that give and take from -- and, again, you have a
council member as an ex-officio, as well as the franchisee. So, I anticipate the same
dialogue that occurs today on how things are working or not working or what should be
done differently. Again, I think policy consideration and recommendations from the
commission would still come to the -- to the Council for ultimate approval, but I think the
commission would weigh in on whatever those recommendations -- recommended
policies would be. So, I don't anticipate -- I think a lot of what -- like Steve was saying,
the intent here was to separate out the things that as we talk through these clearly were
things that city staff needs to do and that right now city staff is doing that as members of
the commission, which is less efficient and -- and that they should have -- and, again, I
want to commend both Karie Glenn and Andrea Pogue from our city staff that have been
on the commission for a number of years and managing that, along with their normal
duties, and here, again, I think that was why we decided to recommend to the City Council
of having a coordinator position that would, then, work with the commission to do exactly
what you're suggesting.
De Weerd: And I think this makes it consistent with our other commissions and -- and
what their role and responsibilities are. Any of our commissions can recommend an area
that they would like to see a policy change or policy in general, they would work with staff
to develop something to bring to Council -- first to the commission to recommend approval
and, then, on to Council. So, this -- this is making it align with our other commissions.
Cavener: And, Madam Mayor, that may very well be the intent. Just the way that I read
it is that their ability is to review and to recommend what is before them and so it -- it strips
SWAC's ability -- if there is something that our citizen commission thinks is important, it
strips their ability to bring that forth without it being driven by staff and so to me that --
that's the piece that I do have some concerns about. And if -- if what is being intended is
-- I just don't need it in there -- for what -- for what it's worth.
Nary: I guess, Councilman Cavener, I don't -- I don't know the context it would come up
any different than what it does today, because today, the commission itself, if they -- as
the Mayor said -- or any of our commissions have a policy desire for the city forward, it
gets voiced and discussed and brought forward anyway. So, whether it's parks or HPC
or any of them, they all have the same -- but there is no difference in what their power to
do between this commission and the others. That's -- that was what we were looking for.
Cavener: Madam Mayor -- and I don't mean to belabor this point. Help me understand
why the decision was made to remove the word propose from their duties and powers if
it's happening anyways.
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Nary: So, all of our commissions review and recommend policy. This is relative to their
-- all of them. They have the same language as this. So, that was the intent and the
consistency. It doesn't mean they cannot raise it as a question and a discussion point,
because they set the agenda of their meetings. So, they still have the ability to do that. I
don't -- I don't foresee that being an issue where a commission -- any commission would
say we would like to propose a new program or a different way of doing an existing
program and the staff response is, well, that's not within your purview, sorry, we don't
care. I don't think that's ever happened. So, I don't -- I don't anticipate that happening,
but -- but the functions of commissions are to review and recommend and whether it's --
again, whether it's Planning and Zoning that only has one specific area that they have
decision making authority, all of their decisions are reviewing and recommending. The
same. So, it's -- it's intended to be consistent. That's all.
De Weerd: It is for the consistency and the review and recommend is all part of the
propose, because they propose to their own body and, then, they review and recommend.
We oftentimes have -- on several of our different commissions citizen groups that come
to those commissions with proposals that they vet, they review, and, then, they bring it
forward to City Council. So, it seems like we are -- we are concerned about semantics.
The practice has been bringing this and consistency with the other commissions and --
and certainly not stripping, but bringing some clarity and uniformity to all of our
commissions. And this was the only one that still had staff members on it as voting
members. We wanted to be truly that citizens commission.
Nary: Yes.
De Weerd: Any other questions? Steve, thank you. And I would echo what Mr. Nary has
said, you have done an amazing job, above and beyond the call of duty, and -- and we
certainly don't want to take advantage of that, but we would welcome you continuing to
serve for the next two decades.
Cory: Madam Mayor, you have already honored me and I appreciate the honors that I
have had from doing this position and we will just see how the future evolves.
De Weerd: That was a very political answer. Good job. Okay. So, we are looking for
that -- that is listed as an informational item. We would bring this back --
Nary: Yes.
De Weerd: -- for action.
D. Solid Waste Advisory Commission Discussion Regarding
Wheeled Cart Collection Placement Standards
Nary: Next item, Madam Mayor, Members of the Council, this is much more narrowly
focused. So, in the time I have been on the committee and on the commission and in
between periodically there is a conversation on where should people put their trash cans
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and no matter how much we educate folks and no matter how much we talk about it, there
is a disconnect amongst a lot of our citizens on where to put them, both before and after
and where we find in Meridian primarily, at least half of the city, puts the trash can on the
sidewalk and what happens is in many of our neighborhoods the sidewalks are narrow,
sidewalks have other obstructions on them, like mailboxes and other things and so the
trash cans get in the way of traveling along the sidewalks and we get periodic complaints
yearly from ones that are left out too long or left askew on the sidewalk and so they
impede people from traveling. Lots of other areas in the city, including the city of Boise,
the trash cans are in the street and the purpose of that is to, one, make sure they aren't
obstructed by parked cars, so that they can get picked up effectively and that is an issue
that occurs here in Meridian and that also, again, they are not obstructing the sidewalk.
So, the commission's had a lot of discussion, they have had citizen input about this on
both sides and the citizen -- and the recommendation to them -- and, again, a lot of it is
in wording and all that, but the recommendation of the commission is to recommend that
this -- that the trash cans need to move to the street off of the sidewalk with the rear of
the can -- rear of the cart against the face of the curb. So, if there are areas that that's
already being done, there will be no change, and there are neighborhoods that it will take
an education effort to educate folks that that's where they need to put their -- their trash
cans in the future. But that is the recommendation, that's the ordinance that's in front of
you. It's a fairly simple change in words. It -- obviously, we have discussed it at the
commission. There is going to be a needed effort from an education standpoint, because
I think when I asked Ms. Klein about how many residences in the city put their cans on
the sidewalk it was about half. So, half will get it wrong and half will get it right. And so it
will take a little effort to get the other half to understand where to put them. Questions?
That's basically it. It's a very simple change. But, obviously, there is a little bit more effort
into making that change effective.
De Weerd: I guess, Mr. Nary, it would be similar to Mr. Cavener's question on the trash
-- the Trash To Treasure is has that communication plan been discussed and are we ready
to start educating.
Nary: So, Madam Mayor, Members of the Council, we have discussed that a little bit.
Most of our communication of this type is done through two means. One through the
billing, through our normal billings that we send out, our own information through our utility
bills, as well as -- and Rachel can correct me. Is it quarterly? So, they have a quarterly
newsletter that is put out by Republic to share this level of information. So, it will take a
little bit of time and effort. We haven't got down to specifics on when we are going to put
this out. I think, again, it was to bring this forward for this conversation and, then, pick
when do you want to do this, so that we can begin the effort of getting the education out
there. Now, I'm skeptical, because I'm a lawyer, and that's kind of how we roll, but, you
know, we went and changed from unlimited trash to the cart collection system a number
of years ago, it was thought at the same time we will never get people to do this or
understand it and, eventually, they did and it didn't take a monumental effort and it didn't
take years -- about a year, maybe, not years, but it did take an effort, but people did
understand and here, again, the other side I guess maybe the -- the sunny side of my
earlier comments, half of the city already puts them in the street. So, half of the city
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doesn't need to be educated on it, that's how they already do it. So, we do think that we
can -- we can handle this communication through our utility billing and through the
Republic Services newsletter and, then, of course, we will use our social media and such
to tell folks what that is and really, then, would be the issue of when do you want to make
this effective to put this into place. We did have a concern about the Trash Or Treasure,
but even in Boise -- I mean today when you have bulky items, so you have pick up of
couches and desks and other kinds of things, those still go on the sidewalk. So, this won't
change the Trash Or Treasure. The can -- the cart will still need to go in the street.
Anything else, whether, again, it's a bulky item pick up or the Trash Or Treasure will still
go on the sidewalk. We don't have the streets full of desks and chairs and couches
anyway. So, we didn't feel it was going to be a mixed message to folks. We are still going
to tell them where those things belong on the sidewalk anyway. It really is just educating
about the cart.
De Weerd: So, who enforces it if it's on the sidewalk? How is that enforced?
Nary: Well, Madam Mayor, Members of the Council, that's a great question and we did
talk about that. So, our -- the way it's crafted, if you read it, it is preferred that it would be
in the street, that there are places -- and it was trying to anticipate in a code how do we
deal with areas where it is not logical or practical to put it in the street and not knowing
where those are that we said, you know, there is the ability to leave it on the sidewalk.
Right now our ordinance only cares when you put it out and when you take it back. Right
now it's -- it's preferred to be on the sidewalk, but I don't want to speak for code. The
code enforcement doesn't go out and chase people for putting it in the wrong place. They
go out and talk to people when they don't put it back. So, we felt it was okay to give
people at least the ability, if practical, to have to leave it on the sidewalk or what we tried
to clear up is it was already in the ordinance and we tried to make it a little bit clearer.
There are places where actually Republic Services has designated that you need to put
your trash can here, because of where the truck could go and so there are situations
where Republic has designated that is where your trash receptacle belongs, whether it's
in the street, in the driveway, or on the sidewalk, whatever that is. If that's the case, then,
that is where they have to put it. So, we left a little bit of room on where you put it,
because, again, at the end of the day our enforcement mechanism predominantly is
getting it back off of the sidewalk after it's picked up and not left out on the sidewalk for
two or three days. So, that's as much of a nonanswer as I can give.
De Weerd: I know. I'm still trying to sift through that to see what the answer was. So,
you're just hoping that at least we move the needle from half to three fourths of the
residents putting it in the right place?
Nary: Or better, yes.
De Weerd: Any questions from Council?
Milam: Madam Mayor?
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De Weerd: Mrs. Milam.
Milam: Not a question -- well, maybe for Republic. I was thinking that you guys had oops
stickers that you could put on the cart, so when they put them in the -- in the wrong place
they could -- you could let them know that they need to move them?
Klein: Yes. Madam Mayor and Council Woman Milam, yes, we --
De Weerd: If you can be in front of --
Klein: Sorry. Yes, we had a similar situation in the city of Middleton. So, two years ago
the mayor and council decided to move all carts into the street off the sidewalks and so
what we did was we had cart tags -- just a sticker printed up and so we would move --
regardless of whether that, you know, cart was on the sidewalk or not, we would -- we
would service all carts and put them back where they should be and, then, we would tag
them saying, oops, it looks like we need to get your carts into the street to improve access.
Like we just had a positive little message about why -- why we were moving carts into the
street and it took us probably six months to get everybody to comply. It was pretty easy
and once we made the case of, you know, accessibility for really kids on bikes -- I know
bikes generally go in the street, but mostly kids are on the -- they are young, they are on
the sidewalks and so we just said to keep sidewalks clear for all of our citizens we would
like you to put these in -- carts in the street with the curbs, again, against the gutter and
so that worked really well and so that would be on us, that part.
Milam: Madam Mayor?
De Weerd: That would be helpful. Yes, Mrs. Milam.
Milam: I also just wanted to comment. Yeah. So, personally this has been an issue and
I didn't bring this up, a citizen brought this forward, but in our subdivision it's a huge safety
issue. You see little kids riding to school and, then, they have to ride into the street to
dodge a trash can and, then, back onto the sidewalk and back into the street and so from
my perspective this is just really important as a -- as a safety issue for our kids and the
other thing is I think we are the only city in the valley who doesn't already have this in
place.
Item 7: Action Items
A. Continued from December 11, 2018: Request to Provide Water
and Sewer Service to Un -annexed Property at 5233 W. Franklin
Road
De Weerd: Okay. Thank you. Item 7-A under Action Items and I believe this would go to
Caleb.
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Hood: Thank you, Madam Mayor and Members of the Council. I'm here to talk to you
about a request for pre-annexation services, which largely includes sewer and water
hookups in advance of annexation for property located at 5233 West Franklin Road. This
item was continued from November 7th and, then, most recently December 11th. I have
updated the memo that was prepared for your December 11th item with some new
information that was provided by the applicant, which includes the revised site and
landscape plan, as well as an updated or a new narrative from the -- from the applicant.
I did -- well, did also want to mention that I did meet with Mr. Bell and Brenda a couple of
weeks ago and just kind of walked through it. As you may recall he missed the last
meeting. It's my understanding had a chance to watch it, though, on YouTube. We had
a chance to kind of talk a couple of weeks ago with Brenda present as well. So, I'm not
going to go through the whole thing, but really just provide kind of some of the highlights
or really what's changed, but I did want to restart with some of the background
information. The subject property is designated mixed employment within the Ten Mile
interchange specific area plan. So, the subject property is located right here. There are
approximately 133 acres of property with the same designation, south side of Franklin
and the west side of Black Cat on our future land use map. The zoning designations that
correlate best with the MU designation include community business, which is C-C,
general retail and service commercial is C-G, traditional neighborhood center TN-C and
mixed employment, ME, and that corresponds to the future land use map designation as
well. So, a couple things. Let me move to the aerial real quick. So, again, the subject
property is located right here. Proposed is a 13,000 square foot building on a six acre
site. The building includes a significant amount of office area and approximately half,
about 7,000 square feet of warehouse area, so manufacturing there. So, again, there is
an office and showroom retail component. A vast majority of the site is proposed for
material storage, warehousing, and manufacturing. The Ten Mile interchange specific
area plan calls for mixed employment areas to be designated to encourage multimodal
travel and convenient circulation to supporting uses located within the area. The
submitted site plan does not show the connectivity that we were hoping for. A little bit --
here there is a direct access point to Franklin Road if services are provided, if Council
agrees to provide the services and allow this project to move forward through Ada county,
would request that cross-access be provided to the adjacent properties. So, again, we
have convenient circulation for the users in the future. There is also a planned collector
-- I'm going to jump back real quick to the comp plan. It will be on this map, this dashed
line -- that purple -- purplish line. There is a future east-west collector roadway between
Black Cat and, then, a future north-south roadway as well. So, on the south side of this
property essentially. The applicant has since amended the -- the site plan. I will let him
speak a little bit more -- before this was all called out of the paved storage area -- has
significantly reduced that down to what they envisioned their business needs are for -- for
Butte Fence and, then, this future development area. There is a 30 foot right of way that's
being preserved on the site plan with an additional 20 foot future landscape buffer. So,
that's great and reduces, again, that -- that future development, preserve the opportunity,
then, for that east-west collector to happen when it -- when it gets to this property. Having
landlocked public right of way doesn't make any sense today, but preserving for that
certainly does make sense. And the last thing I think I will call out just as a change since
last month when we discussed this is he was able to locate some fencing materials, I
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guess, and has called out on the revised site plan that there will be a six foot tall privacy
fence. So, before it was just called out as a fence, but it has been amended to the
perimeter will be fenced with a privacy fence. So, I think that's kind of the highlights of
what has changed. Again, hopefully, that provides a quick recap of where we are at in
Ada county. Again, this property is not eligible for annexation. Pretty rural out here. City
limits are not too terribly far away, but it will be some time I imagine before we get this
direction. But there were some improvements to this intersection that did allow our sewer
and water service anyways to be done with that intersection project and the roadway
project on Franklin Road in advance of the city limits. So, I think with that, unless you
have any -- any questions for me at that time, that's kind of the update that I have on the
new information, again, over the last 30 days or so.
De Weerd: Thank you, Caleb. Council, any questions? None at this time. Is the applicant
here?
McKay: Thank you, Madam Mayor --
De Weerd: Good afternoon.
McKay: -- Members of the Council. Becky McKay. Engineering Solutions. 1029 North
Rosario in Meridian. Mr. Bell is here today, so he would like to address the Council and
answer some specific questions that you may have. I would like to thank the Council,
thank the staff for giving us the opportunity to come back before you guys and Caleb did
a really good job I think re-analyzing this and I know he's a busy guy and I hate to take
up staff's time, because it is valuable, just like your time, but I think we have -- we have
addressed some of the concerns as far as making this fit in with that Ten Mile specific
plan by providing the collector, preserving that collector right of way along the south
boundary, providing for a collector buffer, so when or if that collector is ever built we have
the buffer, we have the right of way there that will facilitate and not inhibit that future
transportation plan in any way. We also -- since the site is larger than what the Butte
Fence needs are, Jared did agree to put future development there, so that when that
roadway does go through or if it goes through there is the potential that another user or
possibly he builds a secondary building for whatever uses that he has could go in front
on that collector. Staff has indicated that they want some interconnectivity and I agree
with the staff and Mr. Bell is in agreement. So, we will provide cross-access both to the
east and to the west, so that we can interconnect, because there are smaller parcels that
adjoin us and so that will be a component and that mixed employment or interconnectivity
that's envisioned in this area can be achieved and so he has agreed we will modify that
and show those -- the pavement going both to the east and west in that drive aisle
alignment. Caleb's indicated that our parking -- we show exceeds the UDC. Our arterial
buffer meets the 35 feet as required by the UDC. And that as far as the mixed use, we
do have a two -- you know, two uses on the site. We do have our office and our
manufacturing and so, you know, we are not just a single user, but two different types of
components and staff has also indicated that they are building -- our building elevation
will meet the design guidelines that the city has and, most importantly, I think -- which I
was very pleased to say that staff did strike their concern statement that was in bold
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saying that they had concerns that this could not fit or would not fit in with what's planned
in the Ten Mile area specific plan and so I think they have done everything they can do
and we have done everything we can do and -- and I would ask the Council to support
this and I will turn it over to Jared real quick.
De Weerd: Good afternoon, Jared. Thank you for joining us.
Bell: Thank you, Madam Mayor, Members of the Council and staff.
De Weerd: If you can state your name and address for the record.
Bell: Jared Bell. Butte Fence. 2049 East Wilson Lane, Meridian.
De Weerd: Thank you.
Bell: Sorry I missed last month's meeting. I wished I could have been here. I did watch
the proceedings later that day, but I appreciate you guys moving this forward so that I
could be here and, hopefully, articulate a little bit better my vision of a bigger, better facility.
In my letter -- in 2001 we built where we are at now. We had -- thought we had plenty of
space to be there and didn't think we would be in this facility -- or outgrowing this facility,
but we have and this is where we are at and I have been working on this for two years.
Our ultimate goal is to stay where we are and thought we had some things in place there
that I alluded to in my letter as well that kind of fell through. You know, I wanted to find
property in the city limits. I looked a long time and even earlier this summer when we met
with staff at a -- at a pre-meeting regarding this -- this property and waiver, staff even
asked if we looked at this property or this property and, yes, yes, we -- we have kind of
exhausted all efforts to be within the contiguous area of the city. So, I reached out and
had made several offers on other pieces of property and this is ultimately where we landed
after doing due diligence and thought this would be a really good fit. You know, we want
to -- we want to continue to grow. We have had a lot of success. The city's grown. We
have benefited from a lot of that construction and continue to see Meridian as our home.
So, I really would hope you guys will support this -- granting this waiver and allow me to
move our facility out there. I believe it's going to be a really nice piece of property. It's
not -- you know, a contractor's yard seems a little harsh. When I think of that I think of a
big gravel facility with maybe some backhoes and some contractor's coming in and out of
there every once in a while, but our location now is a place where we want the public to
come and we want to do business there. We want people to walk around in an
environment that replicates part of their backyard or their living space, so that they can
see the beautifications that can be made with the services that we provide and that's the
vision that I have is taking what we have now and making it bigger and better place for
people to come. We do have six acres. I was ideally looking for four or five, but this was
what was available that somebody was willing to sell me. So, part of my construction
estimates have always been to only develop three and a half to four acres. That got
missed from the landscape site plan originally, so we did make that amendment for that
future development on the south there. We plan on making it a beautiful perimeter with,
obviously, the requirements for the landscape around the outside and we know somebody
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that can put up a pretty nice fence to make it look -- look nice. So, with that I am open to
answering any questions that Madam Mayor or Council Members may have for me.
De Weerd: Thank you, Jared. Council, any questions? Okay. None?
Bell: Thank you.
De Weerd: Thank you.
Hood: Madam Mayor?
De Weerd: Yes, Caleb.
Hood: While Mr. Bell is still there, I just -- part of our conversation -- I'm sorry I'm even
bringing it up, but it is in the memo, but on page three -- and I appreciate Becky talking
about cross-access and willingness to do that and preserve the collector. The other thing
I should have called it out in my presentation, but we talked about it a little bit there, too,
but it's in my memo, again, at the top of page three. Some of why I was comfortable
striking that this isn't -- not consistent with the comp plan was this provision about that
future development area and I know that we had a conversation about that. But there is
a provision that staff would recommend that if you move forward with this that the future
development of that roughly two, two and a half acres or whatever remains, again, that
-- that whatever develops there is pulled towards that future collector and has a floor area
ratio and the square footages that are consistent with the plan. So, I just want to put that
out there to give them while he's here, because I know he has some -- or at least did have
some concerns with that -- that is in the memo and that's, again, why I felt comfortable
kind of striking through that was, yeah, then -- then we got the north and the south half
that are -- that are generally consistent with the comp plan. So, sorry I didn't in my original
presentation bring that up.
Bell: Madam Mayor, Members of Council, one other note that I see that I missed here.
On page three there, too, under the paragraph B there at the end it talks about where we
added the fence and it says the subject property would be required to screen the storage
yard with a six foot solid fence if developed within within the city. I just wanted to make
sure that it was clear that if we are able to build our facility here that fence will go up
immediately, not regardless of whether we are contiguous or whatever that -- that would
be done upon construction. So, to make that clear.
De Weerd: Thank you, Jared.
Bell: Thank you.
De Weerd: Thank you. Okay. Council, any further information needed for staff or
applicant?
Borton: Madam Mayor?
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De Weerd: Mr. Borton.
Borton: Question for Caleb. The recommendation and agreement to do cross-access
east and west, does that apply to the northern parcel as well? So, would there be a cross-
access commitment on the future development site, as well as --
Hood: Madam Mayor, that was only intended for the northern parts of where that drive
aisle is coming off of Franklin, basically after the parking stalls stub that up. To the south
I think we are going to be okay, because we don't know how that future development site
is going to develop. We may in the future want to see cross-access down there as well,
but with the collector and the unknown of how that develops, I think we are okay for now
to address that maybe in the future. So, I think we are good connectivity wise for now at
least with the cross-access on the north and not the south.
Borton: Okay.
De Weerd: Okay. Any further questions?
Milam: Madam Mayor?
De Weerd: Mrs. Milam.
Milam: Seeing none, I move that we approve the water and sewer to that unannexed
property at 5233 West Franklin Road, including all staff recommendations and applicant
comments.
Cavener: Second.
Milam: Okay. I have a motion and a second. Any discussion? Mr. Clerk, we will you call
roll.
Roll call: Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea; Bernt,
nay.
De Weerd: Okay. The ayes have it.
MOTION CARRIED: FIVE AYES. ONE NAY.
De Weerd: Thank you.
Hood: Madam Mayor, before we move on I just wanted to sort of circle back. I know that
there was a draft agreement, so I think this will actually be before you begin to actually
approve the -- all the terms as you just directed in the motion. So, I don't know -- I will
work with legal staff on -- if that's next Tuesday or ten days out -- I don't know how -- how
much work, but just wanted to let you know we will work on that, but you will see this
again to kind of finalize that motion you just made.
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De Weerd: And I guess just a comment to staff and to the applicant. I realize that there
was a lot of compromise and a lot of discussions to -- to bring this into code, so it wasn't
some -- something that didn't fit out there in the vision of the Comprehensive Plan. There
was a lot of give and take and appreciate the work that staff has done with the applicant
and -- and the representatives. So, we appreciate all those efforts.
Item 8: Department Reports
A. Human Resources Department Annual Report
De Weerd: Okay. Under Item 8-A is our Human Resource Department annual report and
update.
Ritchie: Thank you. Thank you, C.Jay. Madam Mayor, Members of Council, it's a
pleasure to be back here in front of you for another annual department report. As we
were reflecting back and putting this presentation together we were surprised to see how
quickly the time has past, but I do take great pride to stand in front of you today and
represent and communicate to you the hard work and the effort and the accomplishments
that the HR team behind me and upstairs work hard at every day, every year, to -- to
provide what we do for the employees each and every day and I will certainly try to keep
it brief. So, here are the things I would like to cover with you today. A little bit of a quick
overview of Human Resources, an update on the 2018 projects and initiatives that we
communicated a year ago. I would like to give at least a high level update on our
employment efforts, compensation administration, our benefit administration, our training
and development efforts, our employee engagement focuses, policy administration and
compliance and, then of course, I will stand for any questions you may have. You have
seen this graphic before, but it really depicts a lot of what we do in Human Resources
each and every day. I'm not going to go through that wheel, but as you can see there are
many factors in many areas that we provide support and services on to our employees,
to the departments that we support year around. Here is a look at your Human Resources
Department. These faces are all -- are the same to. No new faces. It looks a little
difference. However, you will see an additional graphic there at the bottom that we are in
the process of recruiting for the new generalist position that you graciously approved for
us during the budget cycle. So, the next time I'm in front of you I will be making an
introduction of a new employee to our team. We often get asked how do you do what
you do. How does the team do what you do each and every day, being so small,
supporting so many employees on top of all the different projects and initiatives that are
asked of us throughout the year and simply put this is how we do it. It takes teamwork.
We together collectively work very well together. We support each other. We step in and
assist each other and without that effective teamwork we would not be able to do what
we do each and every day. So, let's take a look at the accomplishments for 2018. So,
the first area I would like to just highlight for you is going to be the area of compliance and
I'm not going to go through each and every single one of the items listed on this slide, but
I'm going to call out a few that are higher level, if you will. So, another compliance arena,
if you will, the internal alignment, we are entering into the next phase of the internal
alignment effort. For those of you who may or may not recall, that is our opportunity in
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Human Resources to make sure that every job description across the city is reviewed and
updated to accurately reflect the current requirements of the job every three years. So,
we take the 190 positions that we have, we have broken those down into thirds, and every
year we go through this effort to ensure that we take a look at every job description at
least once every three years. In addition to that, you will see there at the bottom of that
box we have started and are in progress and are on the edge of completing an I-9 audit
and that's very important for us to ensure that we are compliant with the I-9 expectations
and regulations and we are about 82 percent complete and we hope to complete that
here in the next few months. The next area of accomplishments are our employee
engagement and so you will see that there are several things that we do throughout the
year to support the employee engagement efforts here at the city. This year specifically
we administered an employee engagement survey. All of the departments have received
their department survey results. We shared the city results at our annual team meeting
and we are continuing to focus and put attention on action planning, celebrating the
successes at the department level for all of the things that we did do well and, then, putting
some action plans on the things that we would like to do even better. In addition to that
this year is something new for us was our all city employee meeting and we had that this
past November at the Galaxy Event Center and we had great participation. I know not all
of you were able to attend, but for those of you who were we greatly appreciated it. For
those of you who had a conflict we were sorry we missed you and we hope certainly that
we see you next year. This is a new area for us in our presentation to the Council and
this is community focus and the reason this is new for us to deliver to you is because we
are very much a centralized employee support department. So, a lot of the services that
we do each and every day focuses for the employees that are here each and every day.
We are starting to get into some efforts that have a community focus on them. One of
them most recently this past October was our United Way campaign. For those of you
who had an opportunity to stop by, we greatly appreciated you coming by and you
participating in that effort. The reason you see that there are two campaigns listed on this
particular slide is because the presentation I'm giving to you today represents the
calendar year of 2018. I generally have been in front of you on the fiscal year, because I
have always presented in September and we have moved to January. So, we actually in
-- since I last was in front of you had two campaigns. In addition to that, you see that we
continued our youth work life skills program and I'm going to talk more about that here
shortly. The next area that I want to talk about is training and development and in addition
to the standard training efforts that we provide every year, we have had some additional
training initiatives that we rolled out this past year. Most notably there at the bottom of
the box you will see that we did what we call an April roadshow -- or, excuse me, HR road
show and HR went around to all of the different departments across the city and we
provide a general employee compensation training to all general employees to help them
better understand the current compensation program that applies to them. In addition to
that we partnered with ICRMP and we have just initiated our annual training for avoiding
discriminatory harassment. We completed with the Fire Department. So, we very much
appreciate them allowing us the opportunity to pilot the training with them and we will be
continuing to roll that training out February and March across the city. Under the area of
benefits and wellness, some new things that occurred this past year. Christena and the
efforts of the committee that she works with implemented a bike share program that --
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which was very well received. So, we were really excited to be able to offer that this year.
In addition to that, you had Christena in front of you a few months ago on behalf of the
benefits committee and all of their efforts this past year to come forward with a self funding
recommendation that you all approved and now that they have done a lot of that work
they will be moving that forward over the course of 2019. And in addition to the new
efforts for benefits and wellness there at the bottom you will see that we had new family
focused events that we offered this past year and we are going to talk about that here in
just a few minutes. Compensation is always big for us in Human Resources and it is
something that we do all year round. It's not a one time event. The budget is a one time
event, but this is something that we need to be focused on that we operate under each
and every day, whether it's with a job offer, evaluating and analyzing current salaries,
those types of things. So, you will see there several of the different efforts that we had
this past year. Some of this you saw through the budget process this past summer. Some
of those are reoccurring each and every year. However, you will see there that what was
new to us this year we are -- well, not new, I shouldn't say, but we did conduct very
thorough market analysis that was presented to you. We did several compensation
studies in multiple areas of the city, as well as we also participated in and we analyzed
several compensation studies and the salaries that we have here at the city to ensure
that we remain market competitive. Employee relations. This one's also big for us.
Significantly this year has been a huge focus on behalf of the team for recruitment. I was
speaking with Cameron Ariel, the Director of Community Development, recently and we
were talking about all of the recruitment efforts that are occurring for all of the departments
across the city, but with the addition of building services and their needs to fill positions
we have seen about a 25 percent increase in our recruitment efforts, which translates to
a significant amount of time on behalf of Brittany, Jessica, Laura Lee, and Christena to fill
those positions to get the departments what they need in order so they can continue the
services that the public expects. Also under the employee relations umbrella we have
spent some time this year taking a look at our new employee orientation program. I have
been in front of you over the last couple years talking about the different enhancements
that we have offered, more that we have implemented to enhance the program. We
continue those efforts this year. What we did in May was we implemented a new
employee orientation survey that goes out to any new employee within 48 hours of their
participation into the orientation, so that we can get their feedback about their experience,
their welcome to the city. Did they receive what they were expecting and any ideas and
suggestions of things that we could do differently for them to better position them for their
time with the city. This is a new focus or topic that I'm bringing forward to you this year,
which is process improvements. A lot of what we have done over the last couple years
have been operationally based and very reactive to the needs of the departments that we
support. In addition to continuing to do that, though, we wanted to take a look internally
to our department to see what we could be looking at that could make things more
efficient, a little clearer, a little better, and here are a list of some of those things. I have
already touched on the new employee orientation improvements that we have made. One
of the other things that we also implemented this year was we added on our intranet page
a resource page, if you will, that focuses on external training resources that are available
to employees and managers as they look to see what kind of training they would like for
their staff members to receive or staff would like to receive to develop themselves, both
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internally for their position, as well as for professional development purposes. We often
get asked where could they go. We put it in one place at their fingertips. I'm not going to
go heavily into this slide. This is about the strategic objectives that we continue to work
on in addition to all the other things that we just covered, but just letting you know all of
the strategic objectives that we have been working on we are continuing to work on. We
will be back in front of you I believe in March when the Mayor provides her strategic
update to the Council and we are kind of excited to do that, because we have a couple
on the horizon that we will be presenting as a close out. So, if we want to focus just for a
few minutes on -- excuse me -- on employment. Staffing and employment issues are
really a big part of what we do each and every day and when I say we, it's really the team
behind me who makes this happen, but you will see here we have a city average retention
rate for 2018 of a little over 91 percent. That's remained consistent year over year in that
ballpark of the low 90s. The average years of service currently here at the city for our
employees is a little over almost eight years, so 7.84 years is our average of tenure
currently and, then, you will see there at the bottom how it breaks out by department and
you will see the highest level of years of service in each department, as well as the
average years of service as well. So, one of the things that we would like to do in the
Human Resources Department is take a moment and thank all of the employees that are
here at the city for their dedicated years of service and supporting each other, as well as
the public each and every day. Another effort that we have under employment is our
youth work life skills program. This is a program that under the leadership of Mr. Nary
when he was leading the Human Resources Department we implemented this program
and every year this program has come back and every year it has been well received and
it is a thanks to you all for funding -- providing us the funding that we need to provide this
opportunity to our youth in the community to help them establish and understand what
work and life are all about and how to interview for a job, what job expectations are, how
to write a resume, those types of things. So, you will see some details there. This is an
effort that is managed by Laura Lee Berg in our office once a year and she single handedly
-- and she will not take most of the credit for it, she does have the support of Brittany, but
she does manage this process pretty much on her own all the way through reviewing the
applications, interviewing all of the youth that apply, providing them interview feedback,
placing them within the departments, checking in on them, giving them feedback, those
types of things. We also want to give a special thanks to Pamela Johnston. This is her
second year that -- she's actually come from the Meridian Library District and we have
gotten her with these -- these kids or these youth to help them understand how to develop
an effective resume as they look for that next summer job or they look at exiting high
school and may or may not be going to college, as they exit into the workforce how to do
that effectively and represent themselves with the resume. And, then, there at the bottom
you will see it doesn't represent all of the youths that we had this year, but we did
collectively get a picture that we do every year. They have an opportunity to meet the
Mayor. We provide them an end of season wrap up party. But not only do we provide
them that opportunity, we also want to hear what the kids received and got and gained
from this -- the experience and what they are going to take away and, then, what could
we add to the program to make it even better for next year's kids. So, that's something
that we greatly enjoy. But, in a nutshell, we could not do or provide this program from
Human Resources without the support and participation from the departments across the
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city. So, we want to give a special thanks to each of the departments that participated
this past year. So, here we are with some data on recruitment. This is the only slide I will
probably cover each and every single number on the slide because it does highly
represent the amount of time and commitment from our staff. This past year we received
over and processed over 2,500 external applications for employment here at the city. Our
recruitment costs -- and let me just say for this one slide it is an FY-18. It's a fiscal year
'18 representation, not a calendar year. A little over 20,000 dollars in advertising costs.
With that being said those advertising costs are the initial costs from Human Resources.
If a position needs to be readvertised or the advertisement needs to continue, then, those
advertising costs are from the department. This is just the initial cost to get the job out
there, get it advertised and get it going. We posted 61 positions this past year and the
thing to keep in mind is that is the posting of 61 positions, but we hired 147 people within
those positions. That resulted in collective efforts of Christena and Laura Lee who
participated in over 400 hours of interviews with the departments to make sure that they
were getting the right candidate for the position of their needs. The support team behind
the recruitment efforts between Jessica upstairs, as well as Brittany, is 139 pre-
employment appointments or meetings. They coordinated 251 drug and alcohol tests.
Jessica processed over 369 reference calls. The average cost of recruitment was 342
dollars and the average time to fill the positions between the partnership between the
departments and the recruitment staff was a little over 96 days. That does not include
the police department recruitment efforts. If you want to include the police department,
then, it averages about 146 and a half days. Significant amount of time, significant
amount of effort and commitment. But most of all it is a partnership between Human
Resources and the departments and collectively they work together to make all this
happen. So, here are some of the current initiatives. Those were some of the
accomplishments. But here are some of the current initiatives that we are working on for
2019. We are continuing to recruit for all of the active job postings on the website and as
of today there are 18 postings that we are currently recruiting for. I have been in front of
you previously and talked about the job description template that we have and how our
job descriptions are formatted and we are converting them to a new format and we will
continue that and, then, the other thing here we want to say thank you to the IT team is
we are going to be focusing our efforts this year on a new -- developing a new employment
application tool that will provide the applicant a much better positive customer experience.
Some things that are on our radar, though, these are things that we would like to be able
to get to if we can get through everything else is we do want to take a look at -- at reviewing
our current recruitment process here at the city. We want to apply the PEAK Academy
training that Christena and myself had the opportunity to go through this past year. In
addition to that, we want to take a look at some of our internal tools and processes and
just make sure that they are up to par and if there is anything that we can do to tweak
them to help the recruitment process that we adjust and make those changes. Under
compensation and benefit administration, one of the things that our staff does every year
is we attend trainings, we go to seminars, we attend webinars, we do everything that we
can to make sure that we are abreast of the most current updated, legal, best practices,
industry standard information, so, in turn, we are providing the best services possible for
the employees and managers that we support. And you will just see a couple of
categories that are listed on that slide. But if we look specifically at compensation
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administration, specifically around salaries, every year we do performance evaluations
for employees who have been here for more than one year. They are on an annual cycle
of every October. Every employee in the city, though, during their first year of employment
receives a six month evaluation and/or a one year evaluation that occurs at any time
throughout the year following one year from their hire dates. So, this past year we
processed approximately 408 performance evaluations. In addition to that we also
facilitated 27 promotions and/or transfers and that's a lot of paperwork that happens there.
Specifically, though, for the annual city performance evaluation cycle we want to take a
moment and say thank you to Barb and Amie in the Finance Department, because we do
process -- and there it says 210 performance evaluations in the month of October and
November, over 16 working days, because there is holidays in there as well, to ensure
that each and every single performance evaluation gets processed, so that every eligible
employee for an increase gets that increase on that November paycheck. Without the
assistance of the payroll department we could not make that happen in the very short
window of time that we do. So, we very much appreciate that. So, here are some current
initiatives for 2019. That we are working on in regards to compensation. We are going
to continue a general employee compensation analysis. That's an ongoing effort that we
do every year. That doesn't change. What is new this year is we have established a
compensation committee who is dedicated to looking at our current compensation
program for general employees to ensure that the current compensation program that we
have is competitive, which is very key to the recruitment efforts that we work on each and
every day. In addition to that you will see we are going to continue our efforts in regards
to our strategic objectives under our compensation and, then, of course, what's on our
radar we know it's coming will be a review of compensation studies that we participate in,
salary surveys that we participate in. We take a look at annual data. We take a look at
-- or, excuse me, not annual -- local data, city data -- Treasure Valley data, state data,
regional data, so that we feel comfortable and confident that the wages that we have are
extremely competitive, because we want to attract new valuable employees, but we want
to retain the valuable employees that we have currently here at the city. So, for benefit
administration there is so many different things that we do in regards to benefits. The
benefit committee, as you know, meets regularly -- regularly to keep their eyes on and
focused on the benefits that we do offer at the city for medical, dental, and vision. We
partner with our benefit broker Mercer and who you have had in front of you before and
that takes a strong commitment in time from that -- from those individuals to ensure that
we keep this moving forward each and every year. Christena has done a great job this
year with open enrollment. She has facilitated 16 open enrollment meetings. She made
a little bit of a change this year in an effort to get out there in front of everyone. Rather
than having open meetings she did reach out and coordinate with each of the departments
to come into their staff meeting and provide that information. That expanded the number
of meetings that she facilitated from ten to 16, but that was time well spent and from what
we heard from employees much appreciated. So, we certainly appreciate that, Christena.
In addition to that, she has hosted the fifth annual benefits fair this year. Several vendors
participated. We appreciate you letting us use the Council chambers to offer that again
this year as the standard conference rooms were very much tied up. And, then, in addition
to that she does a great job at the FMLA administration, the workers compensation claim
processing, managing the administration and, then, making sure all of our EAP services
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are out there and available to our employees as needed. So, here is some information
-- I'm not going to go into great detail in regards to workers compensation and employee
assistance program, but what you will see here is kind of the activity that we have had
year over year since 2014. Worker compensation is single -- is handled by Christena
primarily on her own. I do provide her some backup support if she's tied up in an interview,
but she is the one who manages each and every single one of these claims. She works
with the departments in regards to light duty or restricted duty, getting employees back
on the job. She liaisons with the State Insurance Fund, as well as with the medical
providers. We continue to be able to offer an employee assistance program on behalf of
the Council who provides us the budget for that every year and you can see the utilization
there from 2014 to current. It is something that our employees are utilizing, whether it's
for themselves or for a family member, and all of that information is confidential. We just
receive utilization and participation data, but the specific services are confidential
between the AICP service provider and our employees. The wellness committee is
something that Christena also manages and coordinates and spends a lot of time with
the panel member -- the participants of the committee as well and they work every year
to bring several of these events forward to us, but there are a few new ones this year that
I would like to call out. We do have the wear purple for Domestic Violence Awareness
recognition this year and there is a picture there of folks wearing purple in recognition of
that. They are to your right I believe. In addition to that, we wanted to expand some of
our activities to include families and so this year we offered a gingerbread decorating
contest, which was very well received. A lot of fun to see all the pictures are up on the
website if you didn't get a chance to see that, but it's pictures of our employees and their
families and some of them are work families, because we spend a lot of time together as
well celebrating the holidays, coming together and doing something fun. But in addition
to all of the efforts of the wellness committee, one of the things that we are very proud of
is we were the recipient of the American Heart Association's bronze level workplace
achievement award and that was recently awarded to us this past month by Ken Corder,
who is a new addition to the American Heart Association. So, we are very proud to receive
that bronze level award. However, we are striving -- and I know the wellness committee
would like to strive to see if we could receive the silver award in the future. So, here are
some current initiatives. As you all know we are in the process of conduct -- of preparing
for and conducting a benefit valuation. You all were gracious enough to approve some
budget dollars for us this past summer to do this. This is an opportunity for us to take a
look at our current benefit program compared to other benefit programs that are offered
within our local market to ensure that we have as best we can a competitive benefit
program offering for new employees and our existing employees. This has been a shift
in recruitment over the past several years. Previously in several years it's been more
focused on shifts, work hours, workdays, wages and we are seeing a lot more
conversation and question and a lot more knowledge from applicants out there in regards
to what benefits do you offer, what does that look like, when did they take effect, what
else do you have, those types of things. So, it's a great time for us to be assessing our
benefit package. In addition to that, we are going to continue the development of the self
funding option and, then, you will see there that we have closed out one of our strategic
plan objectives, which Christena communicated to you at the Mayor's previous
presentation and will be forwarding that in front of you here in a couple months with a new
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one, maybe even two. On our radar is once the -- we have had an opportunity to have
the benefit valuation conducted, we will need to come together and analyze those results
and prepare any recommendations that we want to make to Council. So, training and
development. This is a significant effort on behalf of the Human Resources Department
as well. I'm only going to call out two that are on the screen. The other four are things
that we offer every year. They are consistently available to our employees. But this year
we added general employee compensation training, which I referenced earlier where we
went out to all of the employees and helped them better understand that the
compensation program that they have operating under and, then, in addition to that I
spoke as well when I talked about compliance, which was the avoiding discriminatory
harassment training. We wrapped up the pilot effort with fire. We will be rolling that out
across the city here in the next few months in partnership with Carl Ericson from ICRMP
and I do want it -- he's not here today, but I do want to take a moment to thank him. He
has to come in and partner with us and he is in every single session that we deliver. So,
we partner between Human Resources and our ICRMP partners to ensure that we are
providing an effective informational compliance driven training. So, everyone has a full
awareness and understanding. Education reimbursement is something that we also offer
to our employees. You will see here that you have some data in front of you that captures
the utilization of this program since 2014 all the way through. What it should say for FY-
19 is FY-19 to date. I just noticed I don't have that on there, but that's the current activity
for FY-19. We have 13 participants we have expensed for recently in reimbursements
and fund utilization is listed there historically as well. So, what are we currently working
on? In addition to the compliance training one of the things we are also continuing to
work on is the leadership training program that we launched in 2017 we are continuing to
offer opportunities for professional development through that program as well. We are
going to continue with our strategic objectives in regards to training and aiding our
employees, but one thing that we will be doing to this year is that we are going to be
administering a supervisor supplemental survey to the employee engagement survey that
we had a few months ago. On our radar for training we will be looking to deliver some
diversity awareness training that does feed directly into one of our strategic objectives.
We really would like to develop a supervisor tool kit, if you will, that's online and available
as a resource to supervisors who are in need of a question or a process or a tool that is
at their fingertips, rather than a phone call to Human Resources. Of course we are always
welcoming those phone calls, but sometimes we are not always available in the moment,
so we want to be able to provide that to them in the future and, then, we also want to get
out there and do some brown bags, some lunch and learns and develop some HR one
on ones and just kind of educate our general employees on some of the things that are
available to them through Human Resources that they may or may not know about.
Employee engagement. So, as it states there on the slide, HR and the team is very
passionate about promoting a culture of employee engagement here at the city. We have
been pretty consistent with offering several programs each and every year, including an
annual picnic, to communications of newsletters, but the two things here that I would like
to call out that we have added it to employee engagement is our all city employee meeting
that was new this year and in addition to that we did roll out and administer an employee
engagement survey. You will see there that the employee engagement survey did result
in 372 responses from city employees and although employee recognition is something
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that we do every year, I did want to take a moment and let you know that we did take an
opportunity this year with the Mayor, with the department directors and Human
Resources, to go and present 61 employees with a service award this past year. Some
things that we are going to continue to work on in 2019. A new one that we are kind of
resurrecting, if you will, is Human Resources is working on quarterly presentations that
we will actually go out and work -- or go out and partner with departments to join their
staff meetings and really present to employees the things that HR is focused on, what are
we working on and, then, also make ourselves available to any questions that they have,
because not every employee has the opportunity of their time to visit Human Resources,
so we want to bring Human Resources to them. On our radar would be to facilitate a
second city employee meeting and in addition to that we are already ramping up in our
minds and thinking about the 2019 United Way campaign. That has been something that
has been near and dear to our hearts in Human Resources. We put a lot of effort into
making a successful campaign and I'm proud to say this past year we did the care-nival
and we raised over 16,000 dollars for those in need in our community and we could not
do that without the support of everyone here at the city and I believe we are about to wrap
up with policy administration. So, one of the things that we do offer is the compliance
line. That is the tool that is available 24/7 to any employee who has a concern that they
would like to communicate to Human Resources. We implemented this hotline, if you will,
back in 2016. As mentioned, it's available by telephone or by computer. Currently today
we have received two concerns that we have had an opportunity to quickly look into, but
generally what that service is there for is an employee to report or communicate any type
of concerns that they have with any FLSA practices, maybe what they think might be a
policy violation, if they have an ethics concern, those types of things. Of course
employees have the opportunity to also communicate with their supervisors, their chain
of command, their department head, any director within the city Human Resources and/or
the Mayor. But we also provide a 24 hour service through the compliance line as well.
We are currently still working on our policy manual revision. We are looking forward to
completing that project in the next year. I'm sure you will see us in front of you in the
future in regards to any new policies that we would like to bring forward for consideration
or any changes to any existing policies as well. I mentioned earlier that we conducted an
I-9 audit. We are not finished with that as of yet, but we are 82 percent complete. That's
very important, especially in our line of work, that we remain compliant with the
expectations that are given to us, so that when we are audited we pass. And, then, there,
again, is the avoiding discriminatory harassment training. I think each of you have had
the opportunity, as well as a lot of our city staff, to participate in the recent ICRMP training
and through that process supervisors had an opportunity to participate in a specific
training around this category that really talks about the importance and EEOC
expectations and the EEOC does highly encourage annual training that is facilitated by
live trainers, that has policy information embedded into it, that is specific and relevant to
your business and that is the time and effort that we have been working with ICRMP to
develop and that we will be delivering over the next few months. So, we are going to
continue the internal alignment, as I mentioned, and in addition to this one of the things
that we would like to look at this year is researching the criminal background check
services that are available. We currently use ISP and we have been using ISP for a while,
but we want to see if there is something else out there that would make our process more
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efficient or vice-versa, if there is something with ISP that we could be using that they offer
to make our process more efficient and more timely, we want to be able to vet that out
and make any necessary changes. That certainly will benefit all of us here at the city, but
anything that we can reduce our time to fill, because of a timeline process, is something
we want to focus on, so that we can get folks joining the city and into positions as soon
as possible. On our radar will be some affirmative action reconciliation. Again
compliance. And, then, the continuation of the harassment training. So, with that I know
I delivered a lot of information. I'm hoping that didn't take an exceptional amount of time
to do that. I do want to take a moment, though, and -- I know -- I believe I have Christena
and Laura Lee here. Upstairs is Jessica and Brittany. I know you all are aware of this,
but I did want to take a moment on behalf of the HR team and thank Brittany. Excuse me.
She has joined us a few years ago when she was just starting out in her career and she
has been a huge asset to our departments, but in addition to that she's also gained
valuable skills. In her time with us she has decided that she would really like to pursue a
career in human resources, which we are very proud of, because it's a line of work that
we enjoy doing. As a result of that, though, she was recruited away from us and she will
be leaving us around the 18th of January. The 18th? The 18th of January to start the
next step of her HR career focusing on the recruitment efforts for Balsam Brands. So, if
you have an opportunity to see Brittany, please, stop by and say thank you to her for all
she's done. Even though she will be leaving us, we will still be keeping in touch with her.
She will still be visiting us. We know she is going to do well in this next stage of her
career, but wanted to take a moment and recognize her as well. And I will stand for any
questions.
De Weerd: Thank you, Crystal.
Little Roberts: Madam Mayor?
De Weerd: Mrs. Little Roberts.
Little Roberts: Madam Mayor, Crystal, thank you so much for all that you and your
amazing team do. It is greatly appreciated and I know in all that you do and keeping a
pulse on what's happening out there and in our very very skinny opportunity for people
that are looking for employment, are you finding that city -- and not just our city, but cities
overall are looking more at the things beyond compensation and benefits, which are so
critical, but I'm hearing more and more about -- and I can't remember what they are called,
but like life aspects with flex time and vacation and flexibility with all of those things,
because people do so much more than just work.
Ritchie: Thank you for the question, Council Member Little Roberts. Yes. And that will
be a part of our benefit evaluation. We are getting more information from municipalities
that neighbor with us, the challenges that they face as well, but the things that we are
looking at -- and some of the things we currently offer today would be flex schedules;
right? Those types of things that you're referencing. In addition, more about work life
balance and how do we help make that happen, because the time that we do spend here
-- we are very busy in what we do and so how do we do that with vacations and what sick
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leaves look like and those types of things. So, all of that's going to be encompassed in
the benefit evaluation, because we recognize that it's more than just medical, dental,
vision or a voluntary insurance. So, that's what we want to look at to see if we have a
well rounded and maintain a competitive benefit package. So, yes, we are seeing that.
Little Roberts: Thank you.
Ritchie: You're welcome.
De Weerd: Thank you.
Cavener: Madam Mayor?
De Weerd: Mr. Cavener.
Cavener: Crystal, you hit the nail on the head about the work that you do that touches
every one of our departments. You know, I think from a City Council perspective our city
employees are one of, if not our most valuable resource. How can we as a body, as a
Council, continue to support your work? What are the things that you need from us?
Ritchie: Council Member Cavener, that's a great question and I will take the opportunity
to answer that, then, since you asked it. I would say at this point in time what I would ask
-- and I know I get this from Council Member Borton when he meets with me is for your
time and attention and your consideration for anything that we bring forward to you for
consideration for an addition to the city that's something that would be of a benefit and
value to our employees, whether it's a policy change, whether it's a benefit change, those
types of things, we -- we make every effort to thoroughly vet everything out and when we
come in front of you as a body for your consideration you have historically given us that
great consideration. So, I would ask that that continue, because the things that we are
bringing forward we feel are of value and we recognize there may be things that we can
do and there may be some things that we can't do, but that you just ask your questions.
Come visit Human Resources if you have questions, but really your time and commitment
to evaluating and the consideration that you give to the things that we bring forward to
you is something we would greatly appreciate. Since you asked the question, I have an
also ask. I know everybody has a very busy schedule, but it would also -- I would invite
each of you to have the -- if you have the ability with your busy work schedule as well to
participate in any of the city events, whether they are from the employee meeting, to a
wellness event, on any of the types of activities that we provide to our employees we
welcome you to join us as well. Some of you have had that opportunity to do so, but our
employees love seeing you all out there with us participating in those activities. So, I
recognize everybody has a busy schedule, but we very much appreciate if you could
participate please do and if there is any questions at any time come ask, any one of my
staff is more than happy to -- to sit and visit and -- and coordinate with you.
Cavener: Madam Mayor, follow up. You said it's been a request and know as you were
talking about employee recognition, I know that's something that's really important to all
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of us and even Councilman Milam reached over to me, she goes how come -- how come
we don't know about those and so if there is an opportunity to let us know -- it may -- I
don't know, maybe we were not invited, but I would love to be able to recognize our
employees for their great work and their service to our community.
Ritchie: Council Member Cavener, that's a great suggestion and offer and comment and
I have captured it and I know I have Christena behind me who has probably already
written it down as well. So, if you will give us some time to think about what we could do
to help facilitate something like that, be more than happy to get back either to you directly
or through Council Member Bernt, who is our HR liaison, and how we can help facilitate
that.
Cavener: Thank you.
Ritchie: That's great. Thank you.
De Weerd: Mr. Bernt.
Bernt: Director Richie, fantastic job. Great presentation. Very detailed. Not surprising
at all from you and what you do in your department. You do such a great job and you
have such a great team and as a Council we are very grateful for what you do. Thank
you so much.
Ritchie: Thank you very much for the kind words. I know -- I appreciate those myself,
but it's really the team behind me that -- that allows us to do what we do, but gives me
the opportunity to represent them to you every time I'm in front of you. So, thank you very
much and thank you team.
De Weerd: Any other questions or comments? Very thorough. Thank you.
Ritchie: Thank you very much.
B. Vehicle Sharing Program Progress Report
De Weerd: Okay. Item 8-B is under our vehicle sharing program and the progress report.
Emily. Thank you for joining us.
Kane: Thank you. Madam Mayor, Members of Council, I'm Emily Kane. I am a deputy
city attorney in the city attorney's office. Been nominated to talk to you about our efforts
to move forward what we are calling shared vehicles in the City of Meridian, which is the
e-scooters and maybe someday e-bikes and the self service vehicles that we see in Boise
and other towns around the nation. To start, a little overview of what we have done so far
over most of the winter. So, city staff has worked as a team to learn more about these
programs and learn more about this community's needs and concerns regarding these
programs. We -- we have learned more about them from our vehicle sharing program
operators or what I affectionately call our Best Beaus. There are two programs that we
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have worked with, Bird and Lime. They provided really valuable input and helped us, as
I said, understand how they work and kind of their -- their vision for Meridian. We have
also reached out to our community partners, Meridian Development Corporation, the
Downtown Business Association, the Chamber, the school district, Nampa-Meridian
Irrigation District and a lot of our pathways utilize their easements with Nampa-Meridian,
ITD and also, of course, ACHD. The Parks and Recreation Commission and the
Transportation Commission is taking a look at our draft ordinance and we have also
learned from other cities' experiences, especially Boise's. In working on this draft our
objectives were to address some of the public safety concerns that we have seen or heard
about and addressed those concerns regarding pedestrians, cars, and the riders of the
shared vehicles. We wanted to facilitate the micro mobility economy and the
transportation concept and make those options available in our community and also
provide some clarity in the regulations for the operators, the riders, our staff and our
citizens, particularly police officers. The -- state law doesn't accommodate these
particular vehicles. It doesn't contain a definition that's a perfect fit for these, so it's been
a bit of a challenge for our police officers in determining really what are these. So, this
ordinance seeks to clarify some of that confusion. The draft ordinance that is before you
establishes the nonexclusive franchise, which a franchise is sort of a hybrid between an
ordinance and a contract. It establishes a right to use public infrastructure, in this case
sidewalks and streets. The ordinance sets forth public safety regulations for the operators
and public safety regulations for the riders. We have worked extensively with the
operators and, as I said, all these stakeholders to come up with what we have before you,
but there are some specific areas where we really need Council direction to move further
to determine how this ordinance will look. So, I guess assuming that the ordinance itself
is a good starting place, there are five particular decision points that I would like to seek
your input on today. So, I will maybe just start going and if there is one someone wants
to stop at we can do that, but, otherwise, I will go through them all and go back to the
beginning. So, the first one is the number of vehicles deployed. There is a concept in
this industry called dynamic capping where the upper limit on the number of vehicles
available in a community is really determined by the market. So, we -- we set kind of a
balance between a set upper limit and dynamic capping by creating a 250 vehicle initial
limit and, then, we added a dynamic cap model where the operator could come back and
apply for more as needed. So, that authorization for more vehicles requires a showing
that the vehicles are used three times or more on average in that quarter, which is a pretty
typical method for determining usage of those vehicles in a community.
Milam: Madam Mayor?
De Weerd: Mrs. Milam.
Milam: When you say each one was used three times, is that daily?
Kane: Yes.
Milam: Or the quarter?
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Kane: Daily. On average.
Milam: Okay. Like -- well, I heard three times per quarter and I'm like --
Kane: That would be very low.
Milam: That would be really low. An average of three times daily in the quarter?
Kane: Yes. Madam Mayor, Council Member Milam, yes, three times daily on average in
one quarter. So, upon that showing that, for example, if an operator deployed 250 of the
vehicles and they were able to make that showing, then, they would be entitled to a 20
percent increase in their fleet under the franchise. So, there is a -- kind of corollary piece
to that. This draft limits the number of franchises available to four and that's partly to
control the number of vehicles on the street and partly to control the amount of
administrative work that's required to kind of monitor and address the public safety
concerns that are going on. Particularly in the clerk's office, who this envisions will
administer the franchise. It operates a lot like a license. They are the licensing authority.
So, this envisions that the clerk's office would administer the franchises. The -- there is
kind of a proposal on the floor that if we were to have a lower number of franchises
available, then, each franchise could deploy more vehicles. So, the -- those two issues
kind of go together. How many vehicles do we want to -- what's the cap, upper limit where
we want to set the number of vehicles deployed at least initially and how many operators
do we want to authorize to use the streets and sidewalks. So, those are two things that
go together. There is, of course, always the option of an exclusive franchise, which really
would require a slightly different process. But that's, of course, an option on the table.
So, I will move on. There is a provision on page two of the draft where there is a little
chart showing kind of a menu of ideas for how the franchise fee could be structured. A
franchise fee is not a fee for service like we think of with an application fee or even really
an assessment, it's -- it's more like consideration under a contract theory. So, it is the
value of the right to use the sidewalks and streets. So, it doesn't need to reflect a
particular city service, it needs to reflect what is the -- what is the value of using that
infrastructure. There is not really a -- there is not a statutory methodology for establishing
that, as there might be for other utilities, so ideas on the table are to structure this as a
per vehicle fee. So, $1.50, 35 cents per vehicle or look at a per ride franchise fee. So,
ten cents or 20 cents a ride. And that's, of course, the difference between those two is
one is upfront, it's a set amount that you know ahead of time and you pay that upfront.
There is a per -- the per ride is after the fact based on data. It requires a little more
administrative work to collect that data and verify that data. The upfront payment is
certainly simple from the standpoint of the franchising authority, that is the clerk's office.
There is an option, of course, to do both, to do a per vehicle upfront and a per ride on the
back end. The -- I should say that these decision points are partly because it's really
necessary to get the input of you, the policymakers, and also we have really hammered
out a lot of similar issues in working with Lime and Bird to kind of balance their needs and
our objectives and there are very few in my assessment outstanding points that we really
don't agree on. So, however, this is one, the fee for what -- the fee for the city's removal
and storage of shared vehicles. So, if a police officer needs to physically pick up a scooter
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and move it out of the road and rather than setting it in -- back up on the sidewalk for
whatever reason, it's safer or more expedient to take it back to the police station and store
that. That situation is going to be rare. We don't want to be in the business of moving
these around the city and having to deal with logging them in and checking them out, but
in the rare event that we do that what fee would we charge for that. Currently our MOU
with Lime envisions a 250 dollar amount for that service, but our operators have
suggested respectively 50 and 20 for that service. So, given the overall structure of what
we are doing here, 250 might be too much, but I don't -- we don't exactly know what that
is. Finally, the enforcement of speeds or the use of these vehicles in parks. Our proposal
is that the operator controls the speed of the vehicles in parks. They can go -- I believe
a little over 14 miles an hour, but in parks the speed limit -- recommended speed limit is
eight miles per hour. So, a little bit slower in these high traffic areas. We have also
recommended geo fences around particular areas. So, the playgrounds in our biggest
parks, the dog park -- I'm forgetting -- oh, tennis courts and our special use parks. So,
the Harold Cox Park and Places, Generations Plaza and City Hall Plaza and the alternate
proposal is that the rider would be responsible for regulating their speed and not going on
those areas in the playgrounds and tennis courts. So, those are the areas where I would
ask for your input.
Palmer: Madam Mayor?
De Weerd: Mr. Palmer.
Palmer: Before I start my probably hour and a half long line of comments, I wanted to
mention that previously when they were located here -- so, for about four days or so, I
was a Lime juicer -- someone is going to read these minutes and be like what the heck
was he talking about -- where I would pick them up and charge them, put them back out,
but I really wanted to participate in today's discussion. I haven't done it since they left
Meridian, because I'm not going to drive to Boise for five bucks, but -- and I don't plan on
doing it should they ever be back in Meridian again, so -- but I could feel good and be
legal about participating in the discussion and the decision making for this process. That
having been said, I do have some comments for what you're asking here. With the -- to
me -- I mean you all know where I stand on regulating business. I would opt not to in
almost any circumstance I could, but I think in -- in this case that there would be an
opportunity for it to make sense to have kind of the performance bond that Megan had
mentioned in her e-mail for the cost that the city incurs in having to occasionally deal with
them. You mentioned that the 250 dollar fee may not make sense as -- as being too
much, especially if we do have another model or we have another revenue source to be
able to handle them. To me, again, I go back to my four juicing days and myself and there
was an army of people out there who are willing to go out pick them up, store them, clean
them, charge them and put them back out for five bucks. So, to -- to contemplate charging
250 dollars to pick up and hold onto it for somebody else to come get it seems a bit
excessive. That's why there was kind of some chuckles and some smiles when there
was the 20 dollars even mentioned. To me even that does make sense considering that
there are people willing to come and get them from you for only five bucks and do quite
a bit more work for that five dollars. There was some language in -- in the memo -- memo
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that I had some questions about and wanted to discuss. One was the point about when
they could be operated and when they had to be picked up and when they could be placed
back out by. Here this far north in the winter it gets dark early and doesn't get light until
late and so if we want to have this as an opportunity for people to use for that last mile,
first mile, whatever the lingo is for commutes, then, it just wouldn't even be an opportunity
in the winter if they have to be picked up within half an hour of sunset and can't be placed
out until half an hour before sunrise. So, to me maybe changing that language to daily
pick up and redeployment might make more sense. When it comes to the caps, we talked
about being able to request a change to the cap quarterly. My worry with quarterly -- I
was wondering if it would make more sense to possibly do monthly if they were to meet
certain benchmarks to be considered for an increase in their cap. If -- if they were to have
the data that July -- you know, the first month of quarter three ends up being their heaviest
use month, but not being able to request an increase until a few months later, really they
could be a year out from being able to take advantage of a cap increase for that heaviest
month that they have of July. It may be August, it might only be less or even better than
August -- than July as an example. And, then, the other thing that I wasn't sure on was
beacons. So, it's defined and, then, it's mentioned a couple times. I think beacons is a
-- something built into the Bird ones. I'm not familiar with it with Lime. So, I'm wondering
if it's not something that's used across the industry, if maybe that should be something
defined as when equipped and maybe you can help me understand what the beacons
are. That's all.
Kane: Okay. Thank you. Madam Mayor, Council Member Palmer, the idea of the
beacons was brought forth by Bird that was in the draft shared with Lime as well and
those are -- those are the two operators that we worked with. The beacons really are a
mechanism to establish designated parking areas. Parking is -- is to be at either a beacon
or next to a bike rack. So, it is a method to designate a parking area.
Palmer: Madam Mayor.
De Weerd: Uh-huh.
Palmer: So, the intent is for them not to be allowed anywhere where there isn't either a
beacon or a bike rack? Is a beacon -- is it a sign? Is it like an electronic device?
Kane: I believe it's small RF ID chip that is attached to maybe a bike rack or a pole or a
thing -- a piece of infrastructure that would be a safe place for them to park and as to your
question would this be the only place that they could park, there are parking restrictions.
So, where ever -- they can't be parked on a sidewalk, so as to obstruct the five foot clear
pedestrian pathway, but I know the -- that, really, the model is for them to be waiting
around town, so beacons is certainly an attractive idea as far as kind of corralling them
and having a designated place for them to go.
Palmer: Thanks.
De Weerd: Other questions?
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Cavener: Madam Mayor?
De Weerd: Mr. Cavener.
Cavener: I have got some questions and comments, but it might be beneficial -- I think
we have got representatives of the two propose groups here, I mean is it appropriate for
us to hear from them about their thoughts on this and provide some -- some commentary?
De Weerd: Absolutely. But I would like the chief to maybe also -- I'm curious. I know that
the police department has been involved and there is a lot of concern on what kind of time
that this is going to demand from our police department. Could you weigh in?
Lavey: Madam Mayor, thank you. Also I believe Lime left. I don't see Aaron here. He
left about 30 minutes ago and hasn't come back. I have several comments. I have
participated in every stakeholder meeting since we put it together, because I had
expressed an interest. I had some personal biases that I had to overcome as far as
seeing scooters in -- in the city and if it's something that our community wants and it's
something that we can make happen -- Councilman Palmer and I are going to disagree
on a couple things, because we tried the free market and it was a failure and I expressed
my thoughts on where we failed and that company has not reached out to me as of yet to
even address those or overcome those and although they have been participating in our
stakeholder meetings, they don't come forward with any information. They don't provide
any comments. In fact, I was provided the comments via a third party this afternoon.
When we met yesterday with them they were supposed to provide comments to us. They
hadn't. And, then, they sent those comments out to individual council members last night
and if they had not been forwarded to us via the city clerk, the stakeholder groups still
would not have those comments. That's troubling to me. On the other hand, there is
another company that has reached out to us and has been forthcoming and has
expressed a desire to work with us and to ensure that there is no problems within the city.
I will tell you that we have a mantra called the Meridian Way and we expect a prompt,
timely response to our citizens. We have created that and we provide that and if I receive
a call and say, well, that's not our problem, that's -- that's their company or they will come
and get it in two hours, don't worry about it, that's not acceptable and we are going to get
the complaints. We need to ensure whatever we put in place is simplified enough that it's
not going to require additional staff time. I know that our neighbors to the east have put
a fairly lengthy process in and they are considering now having to add additional full-time
staff members to regulate that industry, which is not what we want. But we want to simplify
it to a point where it doesn't require additional staff time, but one thing that I can tell you
is that this is beyond the control of companies -- is we can't govern poor human behavior
and that poor human behavior is going to create calls for service for the police department,
for code enforcement, for the companies and the complaints to City Hall and so we need
to ensure that there are some rules to follow that are in place and expectations, so we
don't create additional concern for us. If we expect us to respond to a call and to take
care of it and to remove it or impound the scooter, I do believe the 250 is excessive, but
50 is reasonable based upon the costs that it would cause us to incur. That would be
personnel costs, that would be report writing costs, that would be the time to impound it
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and put it into evidence. If we could get that done within an hour's time, 50 dollars would
be reasonable. Now, sure, you can have a juicer or a charger come get it for five dollars
in two hours, but if it's an ADA violation and the city's aware of it and we failed to act on
it, we could, in fact, be held liable in future grant requests -- federal requests that the
government controls. That's concerning to me. It would be reasonable for them to come
out, take care of the problem within two hours, but if it's sitting in someone's front lawn is
it reasonable for us to wait two hours or do you want us to take care of it and if we do take
care of it, it's staff time, it's cost, those are the things that we have to talk about. I think
we can make it work. I think we can let the companies succeed or fail, but there is one
company that has not -- it doesn't look promising and I'm trying to be kind.
Palmer: Madam Mayor?
De Weerd: Mr. Palmer.
Palmer: Madam Mayor. Chief, would -- say one's causing an ADA violation, would every
instance require that it be hauled off or would that be a rare occasion, as opposed to just
moving it somewhere where it's not in the way or where it could be appropriate?
Lavey: Madam Mayor, Councilman Palmer, that's a very good question and if it's an ADA
violation it would just be required to -- unless you put some sort of rules in place or some
sort of protocols in place, it would just be required for the violation to be resolved and so
it could be moved, but one of the things you have to look at is where do we remove it to?
Do we remove it into the street? Do you move it into someone's personal private property
and now we got someone upset that while it's not blocking the sidewalk anymore, but now
it's blocking the entrance way of my store or it's blocking this -- you know, those are the
things. So, it would not have to be impounded, it could be resolved by merely moving,
but with the discussions with these companies they want to have a two hour window to
come and move that. I believe that's where the problem is going to be is that we would
probably want it moved sooner and if we did, then, it's going to require staff time to do
that and are we okay with that? Those are the types of questions that we have to discuss
and overcome. There is an impact to the city resources regardless if we want to believe
there is not.
Milam: Madam Mayor?
De Weerd: Mrs. Milam.
Milam: Yeah. I agree that 250 dollars is probably excessive and we are not here to try to
make a living off of a small -- of a business, but we also don't need our taxpayers paying
for that business to be able to thrive. So, you know, maybe something along the lines of
50 dollars if it has to be removed, 20 dollars if it can just be moved and, then, a daily
storage fee, assuming that they would hopefully come get it the same day, but an
additional, you know, 20 dollars a day until they come and get it sounds reasonable.
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De Weerd: I guess I -- I would have a question. If the group in talking with the two
companies that have been involved in the discussion, have you talked about what other
cities have done in the removal? Could -- could this be another free market opportunity
for towing companies, instead of having our police now be responsible for ADA and -- and
making sidewalks accessible and removing things from private property, it's -- I can hear
that, it's not my job, but could it be towing companies or these juicers or -- or something
other than our police who would be very --
Lavey: Madam Mayor, that's -- that's a good question. I will tell you that the towing
industry is not regulated and we have a lot of issues with that.
De Weerd: Oh.
Lavey: But also there is state codes that we have to be aware of, is that in order for a
tow company to tow something from private -- or from public property it has to have a law
enforcement officer authorizing that tow.
De Weerd: Oh.
Lavey: In order for it to be towed from private property, it has to be properly posted and,
then, our towing companies are now requiring our private property owners to pay an
upfront cost, because they are going to incur costs that they may not get back and so we
are actually penalizing our business owners and it was 75 dollars -- I don't know what it
is now -- to come out and tow a car and so that's a burden, a cost burden that is being
placed upon our citizens for a separate business. So, it's a great idea, but it has its own
unintended consequences and state laws that govern it. Hopefully I answered that legally.
If not my counsel here can clear it up.
Palmer: Madam Mayor?
De Weerd: Mr. Palmer.
Palmer: I'm just trying to think of a situation of something else that might end up in the
way, you know, like -- and the only thing that keeps coming to mind is a trash can. You
know, if a trash can were to end up in the middle of the street and somebody calls you
and said move it out the way, you're probably going to put it in the gutter. You're not going
to put it on the sidewalk, you're not going to leave it where it is in the street, but you're
also not going to haul it off and, then, call Republic Services and say here is your 250
dollar bill, now come get your trash can. Just going to put it in the gutter.
Lavey: Madam Mayor, Councilman Palmer, you are correct, and -- but there also has to
be some sort of -- of practice versus a consequence and so that is correct and that's how
we would normally do it. However, if the situation was different, whatever -- some factor
was unique, then, it would be declared a nuisance and that we would process it. So, I'm
in agreement with you is that we would just throw it on the gutter and we would move on.
However, there could be some unique circumstances that's not an acceptable response
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and, then, if we have to do something greater, then, there should be some mechanism in
place to charge for that. So, we would have to put in there where even though we can do
that, it's not something we would commonly do, because it eats up staff time, which is
exactly what we are trying to prevent in the first place. But there has to be something in
there that gives a consequence, that's going to penalize both the company for allowing
that to happen or compensate us for having to do that for those unique situations.
Palmer: Madam Mayor?
De Weerd: Mr. Palmer.
Palmer: I agree. And, then, pondering on it more I think 50 dollars does make more
sense. You know, 250, though, I have absolute faith in -- in our officers, I spend as much
time as I can with them. I don't want it to look like it could be an opportunity for the city to
have a revenue model of, hey, we are going to get 250 bucks for every one of these that
we impound, where 50 bucks is like it's not really worth it, but it's going to cover our costs
generally if we have to run one back to the station out of the way for 20 dollars.
Lavey: Madam Mayor, Councilman Palmer, the only reason that 250 is there is that's
what was in the original MOU and that was something that was discussed without police
involvement. So, I am in agreement with you, but that's why 250 is there.
Little Roberts: Madam Mayor?
Bernt: Madam Mayor?
Little Roberts: Madam Mayor. Well -- and if there is a mechanism in place for the charge
of the use of the scooter, is there a way to charge it directly back to the consumer and
thus encourage the consumer for more of a proper use of a scooter?
De Weerd: I think that's a good question to ask -- Bird is in the audience and maybe when
we ask that representative up we can -- we can ask him. That's a good question. Mr.
Bernt.
Bernt: Thank you, Madam Mayor. I wasn't aware that Boise is -- is thinking of or has
started hiring full-time employees to manage their e-scooter program in Boise. That --
that causes me for concern. It really does. It -- you know, when we are -- if that's what
it's getting to where we are having to hire staff members, you know, whether it's code
enforcement or police officers or whatever, to go out and manage this at the cost of our
taxpayers, that -- that -- that's something that we definitely need to look at and discuss,
because it -- that's -- if that is the case, then, the fee that -- the fees that are being
recommended -- you know, 50 bucks may be low. Just something -- just something --
you know, food for thought.
De Weerd: Mr. Nary.
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Nary: Madam Mayor, Members of the Council, Council Member Bernt, I was just going
to follow up. I mean a lot of the discussion we have had on this topic has not been just
about seizing them, I mean the police would prefer not to seize them. The time that it
takes to do that is not really practical. But the reality -- and this is -- this has been also
Boise city's experience as well -- is that city staff have to stop what they are doing when
they observe these obstructing sidewalks, obstructing handicap access, and obstructing
different public rights of way and that may be police, that could be parks, it could be public
works, I mean there are folks -- even if you're just moving them all day long from one
location on a sidewalk to a place that's less obstructive, that is time and effort that it takes
-- and that's what we were trying to balance in looking at those, both the fees not just for
the impound, but the fees for operating and Boise city took the position in creating some
of these that that is the cost of their doing business with this and having to deal with that
and that's -- I think the offshoot of that they are seeing now is that it eventually eats up
enough that it becomes enough to justify the need for now another full-time employee just
to do that, even though it's pieces and parts of 50 people moving -- moving scooters all
day long, it's enough that one person really is -- is justifiable in the cost of trying to do that
and, you're right, it does get expensive.
Kane: Madam Mayor, Council Member Bernt, so we are kind of stealing C.Jay's thunder.
This is information he gathered from the Boise City clerk's office, but I will say that they
are set up slightly differently in that their parking enforcement is part of their clerk's office.
Their -- Boise's ordinance is also pretty heavy handed on the administrative requirements
of the city and of the operators, so that was part of our objective in drafting our ordinance
was to make it pretty simple, both for our clerk's office and, hopefully, for our police, that
the business model -- the nature of the business model and how it is deployed I think is
the question for police, how that will affect them, but the part that we can control is the
administration of the license or the franchise in this case to make that simple and make it
so that the clerk's office doesn't need to verify every little piece of information provided by
the operators, but that we are still working together to make it safe and understand kind
of the data that we are dealing with, the value to our citizens and the -- the ridership that's
actually using these. So, that -- that is contemplated in our ordinance to be much simpler
than Boise's. Theirs is working well for them from what we understand, but this is intended
to make it so that, hopefully, we don't have to hire staff.
De Weerd: Mr. Clerk, did you have comments?
Coles: Thank you, Madam Mayor.
De Weerd: We don't want to steal your thunder.
Coles: I appreciate that.
Lavey: I already did. I'm sorry.
Coles: Great. Thank you, chief. Nothing really substantive to add, other than with the
knowledge that, yes, the Boise City clerk's office is looking at hiring an additional full-time
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employee to manage their program. We took that into account when writing to say we --
we don't want to do that. The goal is not to do that, to not be as involved perhaps as the
Boise City clerk's office is, unless it becomes necessary after deployment and I think that's
one of the messages that they resonated with us was right now we don't have the scooters
or the bicycles or the shared vehicles on the streets and so now is the time to get that
right, because after deployment is -- then you're scrambling to try and get it right after the
fact and so that's one of the lessons that they learned was while they weren't scrambling
after the fact, now they are learning after deployment and after seeing the program work,
they are contemplating the additional full-time staff member to manage the program as
they have written it and so we have tried to find a happy medium where, hopefully, we
don't have to do that.
De Weerd: Thank you, C.Jay. I guess at this time if we can hear from the Bird
representative that would be helpful. Good evening. If you will, please, state your name
and address for the record.
Ortegon: Madam Mayor, Council Members, my name is Arthur Ortegon, I'm part of the
government partnerships team for Bird. Address would be -- well, I reside in Colorado,
but we do business in Boise and -- and so no address here in Meridian -- unfortunately
not yet, but we will have a full-time employee once we launch. One of the big questions
that we are really kind of grappling with or you're grappling with is the administrative side
and the management of scooters and one of the things that we have learned out to Boise
is getting compliance in a -- in a market with multiple operators, because what happens
in Boise -- and I have two, three, four examples of this -- is when they have an issue they
have to call multiple operators to get that compliance of, hey, something's in the ADA --
they have these kind of concrete slabs and they are having issues of Birds in line -- being
parked on those concrete slabs. So, they have to figure out who it is, contact the operator,
make sure they are compliant. So, what we see in these kind of multi -- multi-operator
markets is kind of a race to the bottom, which happens when there are compliant
operators and noncompliant operators, so on the ground what we see is this private
market fight that happens in the app and on the street. So, when someone walks up to
one of these scooters it really is how frictionless the app is who will win the game and
what that means is the different layers in the app are the kind of regulatory framework,
whether it's parking -- doesn't need a parking through the beacons, which are kind of
Bluetooth sensors, geo fence, geo speeds, different things that have been mentioned
here. Those are the different layers that can kind of -- or safety tutorials, driver's license
verifications, all these add different steps to the app and if you have those steps you're
going to lose the game, because someone is just looking to kind of get going. Once they
make the decision they want to move and for those operators who want to be compliant
with the regulators and create a real partnership and real solutions to these issues, it puts
us at a competitive disadvantage. It makes it -- it makes it harder for us -- and Bird is one
of those compliant operators -- to win the market share and so we are seeing that and I'm
not shocked to hear that Boise is looking to hire a full-time employee, because we are
fighting that right now. We are a compliant operator versus a noncompliant operator trying
to not be dragged down into the race to the bottom, because if we do those kind of steps
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we will lose market share. We see that in a lot of our markets. Any questions regarding
that kind of concept?
De Weerd: Any follow up? Mrs. Little Roberts.
Little Roberts: Madam Mayor. So, if I was going to get on a scooter or something and
you have got more things in place is that what you're saying, than your competitor
regarding -- you would verify my ID, payment method, credit card --
Ortegon: Safety tutorials.
Little Roberts: -- could you go into a little more depth?
Ortegon: We would like to implement that. What I'm saying is in the markets where we
have -- where it's more open and it's more free market -- oh. Free market that we have
to pull those off, because, then, it makes it harder for us to compete. It puts us at that
kind of competitive disadvantage.
De Weerd: If a user doesn't want to have to go through all those various steps, then, they
are going to go to the -- the device that has the least amount of regulation.
Ortegon: Exactly.
Little Roberts: Madam Mayor?
Ortegon: And so that kind of gets to the second point of the number of franchises. What
we see, especially in new markets that are trying to grapple with what does this look like
in our market -- in our city, in Meridian; right? It's novel. No one really knows what it looks
like on the ground. We highly recommend doing a pilot with one operator, so you can get
scooters on the ground, start getting data. We do a tremendous amount of data sharing.
We want to make sure that our regulators know what our business looks like and can
make informed decisions, because what you guys are talking about is exactly it. It's hard
to understand these concepts in a vacuum, in concepts; right? If we could get a pilot
going six months, nine months, start to get scooters on the ground, start to understand
where the issues are, because -- so, Bird has been -- created this -- this -- this innovative
transportation option, we have been operating since September of 2017, we know the big
buckets of where the issues are, but it varies from city to city; right? Because it might be
parking in one, it might be improper sidewalk riding in another. We won't really know until
Meridian residents start to utilize this service and so -- but once we start to understand
that, then, we can start to implement the tools and abilities to solve for those. Right now
it's a big question and if any operator comes in and tells you they know what those
answers are, they are lying to you. We don't know. But we would like to find out. We
would like to develop a real partnership with Meridian to determine what those are and
how to solve those.
De Weerd: Is that -- yeah.
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Little Roberts: Madam Mayor. So, in the process of doing this that is something we could
add as part of our rules and regulations, for lack of a better term, is you have to have
those things available or -- to access a scooter or something, that the city could require;
is that correct? That you would have to have that in place to ride a scooter? A license of
-- so somebody is responsible, so we know who that citizen is that is saying I'm
responsible for that scooter.
Ortegon: I guess before I ask you to respond to that, those were all elements in place to
ride a Lime e-scooter, but you saw kids that were not 18 or older. I don't know how they
got credit cards, but you had to have a credit card, you had to have a driver's license, you
had to have a helmet and I don't know anyone that walks around with a helmet in their
hand looking for an e-scooter. So, it's -- but, again, those were all requirements, but none
of those were followed in a number of incidents. I did see a couple of Lime scooter riders
with helmets on, though, and that was Josh Evarts and his wife.
Ortegon: Mayor and Council Woman. The Mayor is exactly right and the chief hit it well.
In practice and in law are different things; right? Just because you make it a regulation
doesn't mean that it actually -- you know, everyone will say they can and will do, but that's
what I mean by the compliant, noncompliant; right? We all agree to the rules and, then,
once we get into what I call the knife fight of the private sector out there, because it is a
very hypercompetitive industry, you start to see some of those promises go away.
Palmer: Madam Mayor?
De Weerd: Mr. Palmer.
Palmer: Yeah. I mean when you first go to -- at least with Lime -- I can't remember when
I first did a Bird. I have, though. But when you first go to rent one it's -- you have to check
the boxes. Yes, I'm 18. Yes, I have a driver's license. Yes, I have -- I know you're telling
me to wear a helmet -- all these things. It's like we know -- we expect people to have
insurance. It's the law. You have to have insurance if you're going to drive a car, but the
number one ticket that Meridian police write is not having liability insurance. That is a
decision by the person who is going to operate it, not by the car manufacturer or ACHD
who put the road in, that's the dude that gets behind the wheel and decides to make that
decision knowing what the law is, Madam Mayor.
Cavener: Mr. President?
Borton: Mr. Cavener.
Cavener: I assume you have had a chance to review the -- the proposed ordinance and
my assumption also is that you have looked at these types of ordinances all across the
country and so I'm hoping you can provide some context to us as a Council. Are there
any unintended consequences or flags that stick out in this proposal that compares us
against other municipalities or are there better practices that we could look to to deploy?
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Ortegon: Yeah. Mr. President, Council Member, there are and I think they were
highlighted well here. So, I think the franchise fee is a great one; right? I -- most operators
will tell you we want reasonable low fees; right? We are a private sector business that
uses a business model to produce revenue. That gives us the ability to invest in these
communities and pay these fees. So, the -- the higher they are the harder it is to pencil
the market. Makes it -- that's the biggest determining factor whether we will apply and go
live here.
Cavener: Uh-huh.
Ortegon: Okay? And so let's kind of go through -- like so the per vehicle per ride. So,
these are the kind of buckets that we see and so the per vehicle we get that it makes --
it's easier on the city, but what -- what it does is de-incentivizes the operator from
increasing the vehicles. Right now we are talking about an initial deployment of no more
than 250, more than 100, but from our calculation and in our experience, the Meridian
market will see about -- should see about a thousand scooters. That's about the right
saturation point for that three rides per day that was mentioned by Emily earlier and so
-- but we don't know that and so -- and also determining how -- how many vehicles we
release a day is -- it varies; right? Because there is operational maintenance issues. So,
even though we might be given 250, one day it might be 240, one day might be 230, one
day it might be 250. It really depends on -- you know, because there is that fleet
management side. So, we really like to see the per ride fee, because what that does it
incentivizes all parties to really target the real goal here and that's your residents using
these things; right? So, not only is there incentive for the city to help us to educate and
make sure that people -- and the, you know, enforcement, but from us that is our real goal
and the more rides we see, the bigger the oversight budget that you guys see. We have
not really ever seen the last option, which I think in your -- in the ordinance is option -- the
second option is the -- the mixture of the two, that -- that is what we would consider pretty
punitive; right? That is -- you're deincentivizing the vehicles and attaching a fee to the --
or fee to the rides. So, we really like -- the operators really like to see the per ride one.
The other thing that -- and we are, once again, kind of discuss -- is the tying the number
of vehicles and the number of franchises together. Once again, in a market that this is
novel, we are looking to figure out what it looks like in Meridian, having one operator with
a higher fleet number is going to be really the best option to figure out what it looks like,
because not only are you going to be comfortable with all the data that you're getting,
instead of trying to figure out two -- once again, it's always fighting between two operators
when you have -- trying to get some consistency there. In a pilot you can really work with
one to figure out what that data looks like, compliance, enforcement, all those sorts of
things and we see that as a best practice and worth mentioning, it's easier to go from a
one operator market to multiple once you are working with the information you know, than
to put the genie back in the bottle; right? Going from two to one or three to one, it's easier
to go to one to two, one to three. So, that's a decision that you can make later if you see
-- oh, your residents are really taking the scooters and we need more than one operator,
that's a decision that can be made post the pilot.
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Milam: Madam Mayor? So, it sounds like you are asking us to pilot with just you at this
time and not allow any other operators.
Ortegon: Madam Mayor, Council Woman, I believe you have already tried with the other
operator. I'm saying giving us a shot.
Milam: That's what I'm saying. That is what you're --
Ortegon: Yeah.
Milam: -- implying and asking here.
Ortegon: That is what I'm asking.
Milam: Madam Mayor. I would like to know what your -- what is the fee that you pay
Boise? Do you pay per vehicle or do you pay per ride or what is that?
Ortegon: Madam Mayor, I do not know the -- or Madam Mayor, Council Woman, I do not
know the answer to that, but I can get it to him, maybe even --
Coles: Madam Mayor --
De Weerd: Mr. Clerk.
Coles: -- Council Member Milam. So, the city of Boise for their stationless bicycle share
program, there is a 5,000 dollar annual operator fee, which is, essentially, the license fee.
It's one hundred dollars per device, which is an annual device charge, and, then, it's 20
dollars per device, which is a security deposit fee. So, it's per device. So, they have three
separate fees rolled into one, depending on the number of devices they have.
Milam: So, a hundred -- 20 dollars security -- is that a deposit, a one time, or is at an
annual?
Coles: You may have to -- maybe the representative from Bird knows the answer to that.
I don't know.
Ortegon: I believe that's a one time. That's the performance bond, so to really subsidize
the law enforcement moving kind of conversation.
Milam: Thank you.
De Weerd: And the operator fee is that annual?
Coles: Yes.
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Ortegon: Madam Mayor, I would like to say, once again, I think someone else said it,
Boise does have pretty heavy handed rules and regulations for e-scooters and that is a
concern for that market.
Cavener: Madam Mayor?
De Weerd: Mr. Cavener.
Cavener: Question for the soothsayer Mr. Clerk who knows all the answers. Is Boise
putting caps, then, using this dynamic cap model with their operators they have in Boise
as well?
Coles: Madam Mayor, Members of the Council, Council Member Cavener, with our
discussion with the Boise city clerk's office it was my understanding that an operator could
have a maximum of 250 devices with no current opportunity to increase that number and,
then, total number of devices, if you have one or four or five operators, was 750 total.
Correct.
De Weerd: Any other questions from Council? Any other comments?
Ortegon: No. I appreciate the thoughtfulness and the engagement certainly through your
office and the discussion. So, appreciate the opportunity to speak.
De Weerd: Thank you, Arthur. Emily.
Cavener: Madam Mayor, I do have a couple of other follow-up questions, either for you
or Mr. Nary or Mr. Barton. Do we -- do we currently regulate speed of bicycles or scooters
or anything in our -- in our parks?
Kane: Madam Mayor, Council Member Cavener, no.
Cavener: Thank you.
Kane: I would add we do regulate the speed of cars in parks. Of course.
Bernt: Madam Mayor?
De Weerd: And I guess we haven't experienced motorized off-road type of things either,
so --
Bernt: Madam Mayor?
Kane: And, Madam Mayor, the -- this kind of goes to the question of what are these.
Though they are vehicles and that they have wheels and they transport a human being,
so that's the definition of vehicle in the Idaho code, it's not a motor vehicle, even though
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it has a motor. They are really classified as -- they are in the same family as the -- you
see the little toy jeeps that have a battery --
Bernt: Power wheels.
Kane: Yes. Or a hoverboard or -- they are considered toys by the -- and they are under
the federal consumer protection. So, they are really in their own class, which, again, is
-- there is kind of that blank in the Idaho code for these.
De Weerd: Mr. Bernt.
Bernt: Madam Mayor. Is the -- is the geo fencing deal, is -- is that possible to regulate
speed? I mean is that -- is that something that's easy to do or is that something that's
been done?
Kane: Madam Mayor, Council Member, yes, we understand that that is possible. Lime
informs us that their technology makes it possible to geo fence within ten meters. So,
there isn't -- it isn't a precise location, so much as kind of a -- an area. We understand
that to geo fence a playground Bird has made the commitment that that is possible, that
-- Lime did bring up in that conversation the ten meter kind of range, a margin of error,
but our thought is it could just be a playground one plus ten meters. So, to answer your
question, yes.
Bernt: Madam Mayor, follow up. I knew that there was the geo fence -- I mean I
remember I was in Portugal and there was a geo fence where I could -- we couldn't go
on a Lime bike past a certain -- so, I knew -- I know it's geographic, but I didn't -- I wasn't
aware that you could actually control the speed within those like you like a geo -- like geo
-- that -- that was my question. I know that there is areas that you can't go past, but like
in those -- like, for example, if we put a geo fence around a park in a Lime bike or a Bird
bike, whatever goes inside a park, are we able to control the speed or -- are they able to
control the speed within the parks or a designated area through the geo fencing?
Kane: Uh-huh. Madam Mayor, Council Member Bernt, I'm sorry, yes, that is possible.
That's our understanding from talking to these operators, yes. I guess I would add, while
I have the floor, that -- that our -- our -- in looking at the number of vehicles deployed we
do want to balance kind of that supply and demand. We -- one piece of feedback
interestingly that we have heard from Boise is that sometimes people want to ride one
and there is not one available. So, there is kind of that balance between they are
everywhere, we can't get away from them, there are too many and they are not getting
used versus that people want to use them and we are supplying them with the right
number. We are making it possible for that number to happen and still serve the public
safety.
Coles: And, Madam Mayor, just to expand on that just a little bit. So, currently the city of
Boise has 500 available, two operators at 250 each. So, the city of Boise right now has
licensed 500 devices. So, they say on a nice day outside the clerk's office might get a
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few calls, hey, where can I find these, I don't see any available and all are in use at that
particular moment. And, then, when it's not so nice outside there may not be as many in
use. But currently the city of Boise has 500 that are available under the license.
De Weerd: So, Mr. Clerk, they call the clerk's office to find out where they are?
Coles: That is correct, Madam Mayor.
De Weerd: Awesome.
Lavey: Madam Mayor. As long as they are calling the clerk's office we are good with that.
Hey, I just want to point out a couple more things. And I know that some of the
stakeholders in our discussions, you know, we might be in a disagreement as far as speed
in the parks. I know that it was really important to the parks to talk about speed -- reducing
the speeds. I will tell you that speeds are not the issue that we have in the parks, but I
think they were kind of like, well, maybe they will go slower, but you got bark -- and you
got bikes and other scooters that are also unregulated. Where our concerns are that we
have had in the parks are the races, regardless of what -- what speed they are going they
are racing side by side by side by side by side and creating a hazard for people. That's
what I was alluding to as far as you can't police bad human behavior. But one of the other
things I want to point out as we are talking about speed, the speed is regulated in the
parks under city code is 15 miles per hour, but there is also a section four in there that
talks about vehicles are only allowed on the roadways and so these scooters are being
driven in the parks on the grass, on the playgrounds, on the other plazas, on the courts
and under state code -- under city code, because they are a vehicle, they can only be
lawful driven on the roads and so that's why we were talking about some geo fencing and
stuff. And so, again, poor human behavior creates issues. Those issues create calls for
service to your office, to my office, to the clerk's office. Just something we need to be
aware of.
Kane: Madam Mayor, a follow up to that. It's as -- again, it's -- it's, essentially, a toy. So,
it can go on the roads, but it could actually go on the pathways and the sidewalks inside
the park, which are not the same as an ACHD owned sidewalk, but the intent really is to
allow them there, but to regulate the speed down for safety.
Lavey: Madam Mayor, I'm reading the code right here and I think there might be a conflict,
though. It says vehicles confined to roads. No person shall drive any vehicle, whether
motorized or unmotorized in any area, except a paved park road or parking areas or such
other areas as specifically designed by the director as a parking or driving area. That's
city code.
De Weerd: So, possible conflict. Arthur, I think you were going to -- to maybe enlighten
us on a couple of -- some of the capabilities that these e-scooters have.
Ortegon: Madam Mayor and Council, sure, I can talk about those. You were talking about
geo fences and we are able to do geo speeds, no park, no rides. Once again, those are
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the type of layers in the app that if there is a compliant-noncompliant, that can make it
difficult; right? If one has -- one has a geo fence around a certain park and another does
not, that impacts the rider experience; right? Because if you're riding a Bird at, you know,
a limited eight miles an hour speed and you see someone shooting by with a Lime, that
-- that causes concern. But one of the things I wanted was I was wanting to talk about
is --
De Weerd: The apps will show where they are; right?
Ortegon: That's apps do show where they are. Absolutely. Is the demand of like that
Boise has people clamoring, calling for where they are and that's a direct result of that
hard cap, because they set that cap of 250 without understanding what scooters look like
in the market and what we see is high utilization, meaning a lot of people are using them,
but not enough to supply that market, even with two providers at 250 and so that is why
we talk about that dynamic fleet, making sure that we start with the initial deployment of
a significant number, that's why I think the 500 is more appropriate for this market than
the 250, but once we have that dynamic, seeing how the 500 operate, see -- and using
that three rides per vehicle as our guide, if we are above that three we see sometimes in
most markets a two ride utilization, we are above two, we get an increase, if we are below
one, which is what most e-bikes are at, then, we decrease. But starting with the --
because e-scooters need the demand and the convenience to be used. Most people do
not use the app to go find scooters. Some do, but what we find is most people use
scooters when they walk up to them. They are like, oh, I have seen this, I have heard
about this, I want to use it and so having the right concentration and the right amount of
vehicles is really important to making this program work.
De Weerd: Robert, will you go out -- someone is out there looking for things, so --
Cavener: Madam Mayor?
De Weerd: Mr. Cavener. Sorry for the interruption.
Cavener: Sorry. No. I didn't give you a chance to finish your point.
Ortegon: No. That was it.
Cavener: Appreciate you coming back up, Arthur.
Ortegon: Yeah.
Cavener: I hear what you're saying about the ability to scale up and certainly I think that
makes sense June, July, August, September, warm days, people are going to be wanting
to utilize these as much as possible, which is great. A concern comes in January,
February, March when it's snowy and now we have got, with your example, 500 scooters
per operator, so a thousand scooters that are out there that are -- that aren't being used
that become more of a nuisance, one, for our citizens, two, for law enforcement, so what
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is your proposal to give the city some type of assurance that if they aren't being used --
they are at that one ride per day that they are being removed from our streets?
Ortegon: Madam Mayor and Councilman, great question. One of the things -- that's why
we like the dynamic fleet and I liked Councilman Palmer's suggestion of using the
dynamic fleet on a monthly verse quarterly for that kind of iterative and more up-to-date
understanding of where our fleet lies. But one of the things that Bird does that no other
operator does is that we pick up every one of our Birds every night and, then, rebalances
them every morning. So, from 7:00 -- normally from 7:00 a.m. to 9:00 p.m. -- at 9:00 p.m.
they shut off on the app and turn into a bounty for our chargers, which is -- the chargers
are the people who pick them up, inspect and maintain them, make sure they are in good
working order, bring them home, charge them, and, then, put them into pre-designated
nests by 7:00 a.m. the next morning and when they do that whole process they get
between five and 20 dollars and we can talk about that dynamic pricing otherwise. But
on those kind of snow events or in the winter we have the ability to have -- to prevent the
chargers from releasing a certain amount of Birds for that day. So, if it's just a cold day
and no one is using it, if we had the ability to say -- at a fleet of 500 or a thousand, we
can release 200, 300, so we -- we have the ability to manage that fleet because we pick
them up every night and rebalance every day.
Cavener: Madam Mayor, follow up. I'm hearing what you're saying. I think from a -- from
a business decision it sounds like you have got a plan to operate the business, but at the
same time you're investing a significant amount of money in these scooters and they are
not earning you any revenue if they are sitting in a storage center someplace, so, again,
it goes back to -- it sounds like we have got a really good plan in place and, honestly, I'm
supportive of -- of reviewing this monthly, as opposed to quarterly, for what it's worth, to
increase, but what I -- I still have yet to see is a mechanism for the city to decrease.
Ortegon: Madam Mayor, Councilman, and that's part of that dynamic fleet model. So, if
we are above that two rides per day or three, we can increase. If we are below one we
decrease.
Cavener: All right. Thank you. I appreciate it.
Ortegon: Yeah.
De Weerd: Any other questions for Arthur while we have him up here?
Cavener: We will find another to bring him back.
De Weerd: Yeah. We probably will find more. Yes. Thank you.
Cavener: Madam Mayor?
De Weerd: Mr. Cavener.
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Cavener: I know this is -- this has gone on long, but the chief has touched on a couple
things and either Emily or the chief or Bill -- it sounds like we have had a committee that
has been working on this and I just was hoping maybe you could summarize some of the
comments or thoughts or recommendations that come out of that committee, if all of those
comments are captured here in -- in your memo that's great, but I heard some things from
the chief that at least I didn't see were necessarily captured in the memo and I wanted to
make sure that at least we as a body -- because we have been really clunky in this process
I want to make sure that we have got all of the information in front of us before we
potentially are asked to make a decision.
Kane: Madam Mayor, Council Member Cavener, I don't know that I can speak for
everyone on the committee. I think it was definitely -- it's been a learning process for all
of us. It's certainly -- this is a -- this is a different business model than -- there is really no
analogy. So, kind of learning how it works and coming around to the philosophy of this is
-- this is a transportation option for citizens -- for our citizens, so if you look at it from that
perspective it's -- there are the public safety concerns, there are the -- you know, the
flooding of the market and they are everywhere and they are getting on everyone's nerves
kind of concerns, but when it works, when everything is in balance, it really is an
interesting way to approach transportation. So, that's kind of -- and maybe that's just me,
but that's -- that's one outcome of this process is really learning how it can work. I guess
to your point, you were talking about how we are to -- to that balance, talking about how
we can ratchet back when there is too many, that really is an argument for that per vehicle
pay up front model, because that -- it -- not -- not as an incentive, but it really is a check
on use -- you know, deploy what you can use. So, there -- the -- as I stated earlier, these
five kind of outstanding points, I think there is still some things that need to be polished.
In this discussion today we have kind of identified some areas that we need to look at
again, but these five areas are really where we do need some guidance. I think staff has
some recommendations with possibly the -- well, we have some recommendations on
each of these, but we do need to know really -- assuming the ordinance is the way Council
wants to go, we need to know how these things look, how we want this to look in our
community. They -- they are pretty interconnected most of them, so changing one
changes other aspects of the ordinance, so it's -- it is just a draft, but having that input
would be really helpful. I just thought of another thing. The parks -- the parks commission
really put some thought into the provisions that are relevant to parks and pathways and I
know that Kim spoke with Nampa-Meridian more than once to kind of figure out their
concerns, if any. They really don't have any. But the -- our citizen commission did take a
look at that and kind of identify those issues with regard to safety in the parks.
De Weerd: Okay. Any other questions at this point? Any other comments from any of
the members of the group looking at this?
Lavey: Madam Mayor. I guess Emily is correct in that there might be some differences
of -- of thoughts. There wasn't -- there hasn't been any -- and it's just been discussions,
but just my personal -- my personal opinion and I will answer any questions that Mr.
Cavener may have. Without getting into specifics, there has been one company that has
continued to fail through this entire process and one company hasn't and we have two
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other companies out there floating around now. Spin and -- I believe it's Spin -- Snap or
Spin or something and Razor and, then, I'm told that there is three other companies out
there that are in the wind. We got to get this right. We already did it once, it was clunky,
it failed, we got to take this slow and -- and make it work for our citizens. I think we got a
pretty good plan in place. I would only go with one, but if you went with two I think you
could make it work. Let them fail again on their own, but I think we are ready to go. I do
know that there are some -- one company thinks one way on fees, another company
thinks another way on fees, it's time for us to just decide what they are going to be and
-- and move forward, but I know I shared some other things that may not have been in
that memo, so I would -- Madam Mayor, I defer to Councilman Cavener to make sure that
I have covered those or if he needs additional I can provide that probably, too.
De Weerd: I will say that our group has met with the attitude of how can we make this
work. The clunkiness was not on the city's part. We did have a deployment that -- that
didn't meet any of the -- the agreements that were out there and it did -- I guess the result
of that was bringing everyone to the table to have these conversations, which should have
happened not on the -- the word of an operator that was going to come to our community,
but to think it through the way this group has. So, I would like to think those that have
been working on this and the diversity of opinion that has been around the table, that has
been very important. We can't all be like minded to get a good policy and so that -- that
is greatly appreciated and I know a lot of work has gone into it and, Emily, your -- your
summary that you provided the -- the Council last month what you have given to the --
the two entities that have been indicating an interest in working with the City of Meridian
has been awesome and so have appreciated the approach of this work group that has
been trying to -- to do what was right for our citizens to offer an alternative transportation
option, because that is how these are utilized in other communities, but to make sure it's
-- it's the right thing for our community and it's -- it's safe for the users as well. So, any
other questions or comments? There -- also we will be seeking anything that you might
think of that you haven't yet to get to Emily, but anything -- anything further?
Cavener: Madam Mayor?
De Weerd: Mr. Cavener.
Cavener: What do you -- what do you want from -- from us? You have provided some
things -- I have heard you are looking for feedback, so I don't know, Madam Mayor, when
you -- when you want us to do that or how you want us to convey that.
De Weerd: I think the initial thoughts would be appreciated tonight.
Cavener: Madam Mayor, I'm happy to start if everyone's okay with that. I guess here is
-- here is my -- my take on this is that we have got to make this as -- as simple as possible.
I think complicating this is only going to create more challenges for the operators, more
challenges for our staff. The easier the better. I have tried to take some notes, kind of
taking into some feedback and -- in the ongoing conversation. So, here is just my gut
level thought to the questions at least, Emily, that you have have -- have proposed and I
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have got some thoughts about the language that maybe needs to be tweaked as well, but
that's conversation for another day. So, I'm supportive of this dynamic cap model. I -- as
I mentioned earlier, I think it could be reviewed monthly, as opposed to quarterly. I think
that gives us better protections, both in terms of scaling up when there is higher demand
and, more importantly, scaling down when there is lower demand. I'm supportive of the
250. I'm not opposed to increasing that to 300. I am not as supportive of increasing the
number of franchisees to three or four. I think two is sufficient and, then, perhaps in the
language there is an opportunity for a new operator to come before the Council or perhaps
we review this, you know, every six months or every year. I have really heard loud and
clear the comments from the chief, which I think are troubling for us as a Council to maybe
even approving, you know, our franchisee that has already had so many challenges in
our community. So, that's a piece I think that we have got to have a larger discussion
about, but I think two probably makes the most sense. On the fee I think a cost per
scooter per month ties directly to the dynamic cap. Asking the operators to provide us
how many rides per month -- to me I think, again, just -- just complicates things. So, a
cost per scooter per month -- again, whatever we determine that to be to meet the needs
of the city. I may be alone on this. I actually support the 250 dollar fee to remove scooters.
That needs to be a stick to encourage private business to do what's right and encourage
their riders to return these in the appropriate place. I believe it's something that we would
rarely, if ever, charge and I think to have a fairly strong stick is in the best interest of our
citizens. When it comes to, unfortunately, speeds and use in parks, if we are applying the
same matrix to our taxpayers who are bringing scooters into our parks, I'm great with that,
but what I don't think we want to create is two classes of citizens, one who own and one
who is going through these services. A quick search in the Google machine show that I
can purchase for 250 dollars a scooter that goes 18 miles an hour that I could ride in our
parks and be fine. Why we would penalize an operator who is caring and maintaining for
these types of scooters -- to me seems to not gel. So, that's my take. Like I said, I'm
happy to kind of agree with some other thoughts about when these can operate and when
they can't, but at least the decision points that you have asked for feedback tonight I
wanted to least let you know where I'm going from.
Kane: Great. Thank you.
De Weerd: Mr. Bernt.
Bernt: Thank you, Madam Mayor. I'm also in favor of a type of dynamic cap model. I
think that makes sense. Number of franchisees available, I would like to start off with
one, but I don't necessarily feel like it needs to be exclusive. Right now Bird is -- seems
like they are competent, they have been able to work, they are team players, been able
to work well with our staff, so that's -- that -- that means a lot. I echo what the chief has
said. I don't necessarily think it should be exclusive, but right now I feel between -- I'm
just not a big fan of Bird. They were -- they spoke pretty, you know, initially --
Kane: Lime.
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Bernt: Oh, excuse me. Lime. Yes. Lime. Exactly. Lime. You know who I was talking
about. They -- you're like ooh. They -- I think they spoke pretty initially, but they didn't
come through and they have been difficult to work with. That's just my two cents. As far
as a fee, I don't necessarily care how we recoup those fees. There are folks who have a
lot more experience in this that can figure that out. I do believe that that fee should equate
to -- at some point cover the cost of a full-time employee. If Boise is needing to hire a
full-time employee to manage this and they have 500 scooters, it sounds like Bird is
saying that they want a thousand, this -- this market is going to -- it's going to
accommodate a thousand scooters, is that going to be two full-time employees? I don't
believe that our taxpayers should burden -- have the burden of the cost of -- like
something that we are -- a private business model that Bird and other e-scooters use.
So, whatever that fee is, you guys are going to figure that out and make sense. I have
full faith that that's going to happen, but it needs to cover a cost. It needs to be enough
to cover the cost of a full-time employee, because it is going to happen, whether it's -- by
April or May you're probably going to see that that's going to be needed. I'm with
Councilman Cavener on this. I believe -- you know, I think that we should put some teeth
on the cost or the fee that we -- that we charge for the removal and storage of shared
vehicles for the exact same reasons that Councilman Cavener said. If we put teeth on it,
they are going to pay attention to more. I mean they are not going to want to pay these
fees, they are going to do more to make sure that that doesn't happen. So, I -- I suggest
the more teeth the better. I'm also for geo fences for all parks. If we are going to allow
-- I think that we should allow these to be ridden in parks. I mean these -- these are fun
and I don't -- I don't want to be the old Grinch who is like, you know, we are going to
provide you scooters, but you can't ride them and have fun. I don't want to be that guy.
Who wants to be that guy? But at the same time I believe that, you know, I don't want to
have these kiddos flying down Kleiner -- a Kleiner path and, you know, likelihood maybe
being under age, not at driving -- driving age and have them not be aware of their
surroundings, because of their lack of experience and get themselves into trouble and
create a hazard for others and so I do believe creating some type of a geo fence that
controls the speed in parks makes sense. Covered it.
Milam: Madam Mayor?
Kane: Thank you.
De Weerd: Mrs. Milam.
Milam: We should have just done these one at a time. I am good with the dynamic cap
model. You know, I like -- I think it's good to have a certain amount initially, but if their
business is doing great and our citizens want more scooters then -- then they should be
able to grow that and the monthly, rather than quarterly reporting.
Bernt: Yes. I agree.
Milam: Number of franchisees. I don't think we should necessarily limit that. I think we
can decide on a one-by-one basis if -- if there is an application that we want to approve I
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don't think we should limit ourselves up front. Franchise fee. I'm good with it. Two
hundred and fifty dollars, that was good then and I think that's good now and we shouldn't
waste admin time calculating how many rides on their part or ours. Removal and storage.
I'm pretty flexible on that. So, you know, I don't -- I don't know that it has to be 250 dollars.
I don't know that having it that steep is going to make people stop parking it, unless they
are -- unless they are able to charge the user for that. So, a hundred dollars or something
more reasonable, I just want to make sure that it covers all staff time and any other
expenses that we might incur. Enforcement of speeds in parks. I believe that that is just
around specific areas, like around the playground, which I'm good with. I don't think that
we necessarily need speed restrictions through the entire park, just to those special areas
that we do need to make sure that little kids aren't being run over, but if they want to ride
around the backside of the park where nobody's at, I don't have a problem with them
going full speed. I also -- I believe there was somewhere in there that talks about 75
percent of the money that we get we will use specifically towards Bird -- or not Bird, but
Vespo -- whatever it is, whether it's marketing or road improvements or stuff -- I don't think
we should necessarily have that in there hard at 75 percent, because we might have to
use some of that money for administration or for, you know, an employee or whatever
else needs. I think it could be a -- it's a good intention and I like that we are going to put
it -- you know, we should have signs in certain places, but I don't think that it should
necessarily be part of the contract.
De Weerd: Okay.
Milam: I think that's it.
Kane: Thank you.
De Weerd: Mrs. Little Robert.
Little Roberts: Madam Mayor. I'm probably not going to have as much feedback as the
others, because I really think that at this point we should go with one vendor and do
another test and there is so many variables here that we don't have answers to. I'm sorry
for the sidebar, but I think that our city clerk could end up with a lot of responsibility --
hasn't seen reports, hasn't seen how it could impact staff and things like that and I think
there is other information that we need before we can really make a decision and I think
the bottom line is I really don't want to see an increase on our police. How -- I really want
to see how we are going to monitor this that it has the least impact on our staff and
particularly the police. So, I think we also need to see if we can make sure that part of
the agreement to even do a test is if you have not plugged in a driver's license and a
scooter -- the scooter -- or the bike, whatever it is, does not work, that we need that
information. We need to be able to go back to the citizen that isn't behaving properly and
hold them accountable or have it shut off or whatever the device is. I think there is still
just too many variables and maybe I was left with a very bad taste in my mouth from the
previous vendor, but I think we need to do -- figure out how to do a test and make sure
that it's done right before we jump fully into it and say let's go for this. So, I would go --
my recommendation is one vendor to fit no more than 250 initially, that we can ramp up
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as things are going well, and that we don't make a decision on fees until we really know
how those are going to impact our employees.
Palmer: Madam Mayor?
De Weerd: Mr. Palmer.
Palmer: Madam Mayor. Chief, anybody, do you have to be 18 to wear a helmet and have
a driver's license to operate one that you own yourself?
Lavey: Madam Mayor. The state code says you can have a driver's license at 15 with
gradual restrictions. They like -- alone. That sort of thing. Under the Idaho helmet law
you have to have one under the age of 18. Over 18 as an adult you can make that choice
on your own and I will tell you on the police perspective, we -- we don't have an opinion
on the helmet. That's a decision that you need to make as a -- as a user. We are not
going to enforce that and that's the silly thing in that you put that requirement in -- in the
app, who is enforcing it? No one. So, why put it in there? So, that's -- that's our thoughts
on --
Palmer: Madam Mayor?
De Weerd: Mr. Palmer.
Palmer: As if there was any doubt as to where I was standing on it, I think the only one
that I could even bring myself to vote for is if we did, you know, like a ten cent per ride,
but, you know, that 250 bucks per unit with a 250 unit deployment, that's over 62,000
dollars, understanding as it's written 75 percent that is to go towards other things, but if
-- you know, if we were to apply all that towards some future full-time city employee, fully
loaded, there is no way we would pay somebody 60 grand to move these things out of
the way or manage the program. That would be full-time job I would take. Council Bernt
just -- I guess side comment. When it comes to the speed limitations I agree that the use
of them in a park would be a great idea. I -- I was riding a Bird along the greenbelt headed
towards the stadium for a football game, which I didn't realize at the time that there weren't
going to be any when the game got over to go back to the other end of downtown, but it
was great ride there, but as soon as I hit a certain part of campus it started binging at me
and I nearly flew over the front of it, because it just -- eight miles an hour. From 15 to --
and it's hard to, you know, stop a train -- a 270 pound guy on a scooter doesn't like to go
from 15 to eight instantly. But it -- while It seems fast, I don't know -- I don't know -- it said
that it was eight, but I don't know if it's because I was so big or what, but I mean people
that were my size and bigger were walking faster than me and I'm like trying to keep this
thing going. So, I -- I don't know how consistent -- or the scooter was weird or whatever,
but I feel like it's almost a safety issue by limiting those things. But at least to start, see
how -- you know, put up a sign, hey, don't be dumb on a scooter. Go slower when you're
in the park kind of thing, to try and see how it goes before and, you know, forcing them to
do the electronic speed enforcement thing. But I -- I just -- I really struggle with, you know,
whether it's a buck a day or 250 for a year for a scooter, that is a huge cost to a business
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trying out a new market. One last thing. To quote my favorite superhero Ronald Reagan.
He said if it moves tax it, if it keeps moving regulate it, if it stops moving subsidize it.
Obviously, not supporting that idea, but that's what we are doing here today.
De Weerd: Mr. Borton.
Borton: Madam Mayor. Emily, this is really well done. I mean kind of go back to the
reason things might not have gone well end of last year is we didn't have this work done
and you have done a phenomenal job leading this group to create the structure to try and
make this program be successful. So, I can't say it enough going through this is really
what's necessary, so -- and I feel like getting this ordinance or an ordinance passed soon,
less than 60 days before March is over is critical, regardless of what's in that final form,
but this is one big missing piece that we certainly need and it's a lot of trade offs. As I
hear the discussion, its trade offs and the chief hit most of them on the head that if we are
concerned just solely with public safety, we wouldn't have these problems and problem
solved. That's one way to address that. The trade off is is we are denying the public this
transportation opportunity, so no answer is perfect and hearing this exchange of
discussions just makes that more clear. My initial perception -- and this will change
perhaps as discussion continues with the next draft of this. Exclusive franchise concept
we utilize to kind of facilitate a large capital infrastructure investment where you can't have
otherwise existing competition. Utilities are the most common ones. This isn't really that.
This isn't one that seems to necessitate such a capital investment that only one could be
permitted in order to recoup their capital costs. So, the competition seems to make sense.
Again, the ordinance is the key that makes this successful, is whether there is one, two,
three or four who can survive within their own economic model and at all times be
compliant with our ordinance and if you're compliant with the ordinance in all respects
hats off to you and if -- and if the market allows two, three, or four to do that successfully,
then, you know, we don't -- I don't have any concern with that. One part of the ordinance
that you have got in there is the revocation provision, which, you know, allows -- not only
does the city grant a franchise, but the city retains the right to revoke a franchise and
revoke that opportunity to provide the service if you don't comply with the ordinance,
which is a key part of that. So, that the 250, with a dynamic cap, seems to make sense.
It provides some capacity perhaps for some initial competition -- seems to be a more fair
way to start such a program. Again, it's trade offs. It might be a little clumsy to have two
users, but it also doesn't inhibit the second to market to not have as many app downloads
and users and really let the -- the market drive what -- what rises to the top and we will
learn from each of these users in who operates in compliance and who doesn't, who is
responsive, who is not. The franchise fee, again, the intent of the fee is merely to
recapture the additional cost to the city created by the program. I think Genesis had a
good point of removing that designation of 75 percent, 25 percent to those particular uses
-- uses, I think a more broader provision really is a hundred percent of the revenue
generated by the -- generated by the city is hopefully utilized to offset the cost incurred
by monitoring this program. The manner in which we do that is really up to the city, which
goes back to what the franchise fee is, a dollar per vehicle versus ten cents per ride, it's
all premised upon trying to recapture those costs and what best does that. Another trade
off -- you brought up a great point, Emily, is if you want to incentivize reducing the fleet at
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a time of low demand, the one dollar per vehicle per day does that better than the ten
cents per mile. I don't have a head around what's the best way to -- what's the best
franchise fee necessarily, but whatever it would be it would be that which best captures
the revenue stream to offset our costs. Which is, again, kind of crystal ball. We don't
know. But once we get this going we are going to learn a lot and we are going to make
adjustments. The franchise fee might be one thing to adjust. So, you know, the dollar --
I think it was a dollar per day per vehicle -- easier to administer, less reporting. Perhaps
I would lean that way. I think I heard a couple other Council Members share that might
be a preference as well. So, the city removal and storage. The way it's drafted it's two
hours and after two hours we get it. I think the data is going to show how common that
problem is. I bet it's extremely rare and I would bet it's so extremely rare that a 250 dollar
fee would be appropriate. I hope would never be assessed and each applicant would
have great incentive to not allow it to be assessed. If their program is set up to allow a
hour recovery of the vehicle -- or of the scooter, then, it's probably not an issue, but that's
kind of the initial perception on the storage fee and, then, the speeds -- again, more data
would be provided and I would error on the side of the rider being responsible, similar to
they could be reckless with their own skateboards and bicycles. That decision might
prove to be wrong in the trade off analysis. The new accidents created by scooters might
far outweigh the liberty of driving at your own speed and we come back and say, wow, we
should amend this and require and -- and so we do. What I don't -- what I don't want to
do is over analyze it to death to the point of it doesn't get a chance to launch and stumble
and ultimately survive. So, I think the program is going to work great, again, because you
have got an ordinance with how these kind of rules of the road, the bones to it, which
helps the ultimate operators be successful. If you're going to make a business decision
to come in this market, every operator understands these are the requirements in order
to be successful in our city. So, 250 dynamic cap, four franchisees is fine. I don't know,
again, whether there is a -- is there an argument of a hard cap of total number of scooters?
It's not one of the discussions; right? So, if you have eight companies with 250 each is
that a concern that there might be 2,000 scooters? It might not be, but -- so, that was
this. The monthly -- the monthly adjustment seems fine. You know, the quicker they can
pivot the better. I don't know why we would -- unless there is a unique administrative cost
that is created by that and there very well may be, so if you want a quicker pivot on
increasing and decreasing, it might increase the franchise fee, because, again, the whole
point of the fees to recapture the cost created by the program and nothing more, nothing
less. I think that's -- that's my list.
Kane: Okay. Thank you.
Borton: Thank you.
De Weerd: There were some common themes and I -- I would probably add -- because
it -- it does -- the comment that these programs will be operated by the lowest denominator
concerns me. So, if we set expectations and they are not adhered to, then, what? So, if
the then what question -- because we want to reward good behavior and not get to the
lowest denominator way of operating in our community and I -- I guess if the -- the group
can really have a discussion around that and -- and bring back something to Council and
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maybe even ask the operators that we have been discussing with what would that look
like? How can -- how can that happen?
Kane: Great idea.
De Weerd: Okay. So, I guess the 50 million dollar question is when will you be back with
this?
Kane: Madam Mayor, Members of Council, I would anticipate that we would be back
likely not next week, but maybe in the next two or three weeks with the -- with the
proposed ordinance. Are we -- we have done a lot of outreach and we can continue that
with our stakeholders, but as far as the general public, this is probably their first
introduction to it. So, I don't know if there is a particular process you want us to follow as
far as outreach. We -- the statue regarding franchises does say that the franchise
ordinance can be effective 30 days after its introduction and I don't think that today is its
introduction. So, I would interpret that to mean the first reading. So, whenever it starts
that process will be at least 30 days long. So, if that incorporates some public input in
that 30 day period that -- that might just be built in.
Borton: Madam Mayor?
De Weerd: Yes, Mr. Borton.
Borton: Would it be timely to have a new draft ordinance, perhaps February 5th, and
have it as a first reading? Understanding we very well might not take action on it, there
may be changes following from that.
De Weerd: Or bring something back on the 22nd and -- and give an opportunity for the
February 5th to -- to resemble something more along the lines of you want to have
published for public comment. Is that doable?
Kane: Yes.
De Weerd: Okay. So, again, Emily, Robert, C.Jay --
Borton: Good job.
De Weerd: -- chief, please extend our thanks to those that have been involved in the
conversation and, Arthur, thank you for joining us and -- and helping fill in some of the
gaps of our conversation, because if we didn't have facts we might have made them up.
So, we appreciate you being here. Anything further for Council? Thank you.
Kane: Thank you.
De Weerd: Okay. Item 8-B -- or 8-C --
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Cavener: Madam Mayor?
De Weerd: Yes.
Cavener: Is it possible we could take a brief break to maybe let Council grab dinner or
use the restroom before we jump into the rest of the agenda?
De Weerd: You bet. Well, I figured it wasn't 9:00 o'clock yet, so -- but I guess we did start
at 3:00. So, I --
Kane: Madam Mayor, I'm so sorry, especially because you're taking a break, but we do
have an existing MOU with Lime and there is a 60 day termination provision. I think it's
necessary to do that if we are adopting an ordinance, just from a practical standpoint, so
would you allow me to initiate that termination process?
De Weerd: Yes.
Kane: All right. I will move forward. Great. Thank you. Sorry.
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: Sorry to booger it up. Is -- by -- by doing that we are also setting the -- the
effective date of our intended new ordinance that -- we don't want a gap. Would you
agree?
Kane: Madam Mayor, Council Member Borton, I think since we are in the winter season
anyway, it's effectively suspended and they are working with us to suspend their program
in light of kind of the odd roll out. So, I'm not sure that it would have an effect either way,
but, you're right, that it would leave nothing. It would leave a void. However, I think we
-- if we are looking at about a March -- the first week of March effective date of the
ordinance, the timing is pretty good.
Borton: Okay. So, I guess I would appreciate a motion.
Kane: Madam Mayor, we can't take action on this, so -- we could put it on the agenda --
De Weerd: You can bring it back next week.
Kane: Okay. Great.
De Weerd: Okay.
Kane: Thank you.
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De Weerd: Thank you. Okay. And with that piece we will go ahead and recess to -- at
7:00 o'clock we will reconvene.
(Recess: 6:38 p.m. to 6:56 p.m.)
E. Police: Idaho Humane Society Animal Control Contract Budget
Amendment Not to Exceed $9, 528 [Action Item]
De Weerd: Thank you. We will go ahead and reconvene this meeting. Council, if there
is no opposition, I would like to move E ahead of C. So, our police and his dad can go
enjoy the rest of the evening. So, I will go ahead and -- any -- any concerns? Okay. I
will go ahead and ask our chief to start the conversation on E on the Idaho Humane
Society. There were a couple of questions that came up at our last meeting and I think
you have watched it.
Lavey: Yes. We are good. Madam Mayor, Council, I wasn't sure you wanted to hear
from me quite so soon, so I appreciate that. Last week there was a beginning of a
discussion on a budget amendment that's in front of you for approximately 9,500 dollars
and there was two council members that were absent last week, I believe, and so it's nice
to have the -- the full body here, so we can have this discussion. I'm going to keep it --
I'm going to try to keep it fairly brief and, then, just really defer to any questions that you
may have. We have been using the animal control Idaho Humane Society for -- I believe
we are going on the fifth year. Contract services, they provide us with animal control
services in our city under a contract and they cover all animal needs. Dogs. Cats. Goats.
Chickens. Horses. Cows. Whatever comes in front of us they deal with it. They also
deal with them on call after hours status as well. I know that there has been some
questions about complaints in the past. I can tell you that in the five years that we have
been dealing with them we have only had two complaints. So, that's pretty good odds.
That doesn't mean there is more -- that there is not more, but I have only received two
and with -- that we have dealt with. As far as a patrol standpoint, we don't have any --
any complaints. They have been there for us. Last year's budget was 301,000 dollars --
one hundred and -- 381,132 was FY-18 budget. We did not add an increase for FY-19,
because the information did not get to us soon enough for the budget workshop. So, we
left it the same, 381,000 and change. We also were in the process of watching IHS
purchase -- or not purchase, but to build a new facility and we put together a stakeholder
meeting to start talking about the future of IHS and in those stakeholder meetings we
finally got something that we never got before and that was transparency and a look at
what other people were paying. How they calculate all that. So, essentially, what they
do is they calculate the population and the calls for service and I know this is kind of hard
to believe, but Meridian is the second most popular user in the valley. We average about
21 percent as far as calls for service and population compared to the rest of our partners.
The other partners with IHS are Boise and unincorporated county, Eagle, Kuna and
Garden City. Star is not a part of IHS. Right now they are the only resource that we have
to provide animal control services in the valley -- or for the city and so I'm asking you for
the monies to cover the FY-19 costs. FY-19 costs are a 2.5 percent increase. That 2.5
percent increase over the last year's amount of 381 equates to 396,060 or what the
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budget amendment in front of you today is for 95 something. 9,528. That's how we
arrived at the numbers that we are requesting today. The goal was to have a single
contract for all participants. That was the thought process, but -- sorry, Bill, but when we
got all the attorneys involved they all wanted to have their own unique contract and it's
not -- it's not us, it's -- it's everybody. Our goal is to still try to have one contract, but there
are some uniqueness -- in fairness there is some uniqueness that they want to cover.
This is what needs to be covered for Meridian, this is what needed to be covered for
Boise. But they also shared with us what each other entity is paying, which we have
never known in the past and I have those in front of you. I have those in front of me as
well if you want those figures. The contract is going through the final legal review. We
were done on our end. We kicked it back to IHS. It's going to come in front of you
requesting you to authorized the Mayor to sign it, but I can't ask you to authorize the
Mayor to sign it until I can financially cover it and so that's the purpose of the request for
the budget amendment. I think I heard a yeah. Boise city is 900 and -- 923,723. Ada
county is 360. Kuna is at 98,947. Eagle 107,491. Garden City 61,546. When you look
at the average use, Boise 54 percent, Meridian 21, Ada county 11, Kuna five, Eagle 5.5
and Garden City 3.1 percent. The request in front of you today is only to cover FY-19.
We are in the process of deciding what the future is going to look like, but there is limited
options. I have had Finance working on a cost analysis study to see what it would cost if
we did it ourselves. There is a meeting scheduled for February 11th with Finance and
myself and various stakeholders to discuss those findings. That's where we are at. So,
I guess I will -- I'm requesting approval for the 9,500 dollars to get us through this year,
because we don't have any other options and, then, if you want to share or ask questions
about where do we go from there I will answer those.
De Weerd: Thank you, chief. Any questions at this time?
Cavener: Madam Mayor?
De Weerd: Mr. Cavener.
Cavener: Chief, the -- the cost increase, our citizens don't get any extra added value, this
is just what the Humane Society had determined as an increase in cost and that gets past
along to us.
Lavey: Madam Mayor and Councilman Cavener, it is an incorrect -- that is a correct
statement, but it's based upon the population increase and the amount of calls for service
increase. We have seen -- and I looked at the figures over the last three years. It looks
like we get -- we increase about a hundred calls for service per year change. So, it started
out about 1,400 and, then, it was 1,500 and, then, it was 1,600. Every year it seems to
be getting just a little bit -- because we are growing. So, yes, same services, cost increase
due to their calculations is population and calls for service based.
Cavener: Madam Mayor, follow up. Question again for you chief, or either Mr. -- you or
Mr. Nary. If Council doesn't approve this what happens?
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Lavey: You're going to have -- Madam Mayor, Councilman Cavener, come August or
September you're going to have the wild west of animals in Meridian unless you want
police officers doing it at their wages with their cars. We have tried that before. It doesn't
work real well.
Bernt: Madam Mayor?
De Weerd: Mr. Bernt.
Bernt: Would you choose scooters or animals?
Lavey: Madam Mayor, Councilman Bernt --
De Weerd: You don't have to answer.
Lavey: I'm just going to make a statement. I have learned -- I have learned -- I'm not
even going to mention scooters. I have learned that when it comes to dogs and horses
and possibly cats, people are more passionate about them than they are some of their
own kids.
Nary: Madam Mayor?
De Weerd: Mr. Nary.
Nary: Thank you. Madam Mayor, Members of Council, a follow up to Councilman
Cavener. There is a provision in the contract about termination clauses. There is a mutual
agreement termination clause, but there is also a provision that another method of
termination is to not fund the contract, which, then, requires a five day termination. So,
in theory, they could -- without funding this contract fully, they could invoke the five day
termination and cease services.
Cavener: Madam Mayor?
De Weerd: Mr. Cavener.
Cavener: And, then, they would refund the amount that we have already provided them?
Nary: I don't believe we have paid them more than three months. We pay on a monthly
basis. Yeah. So, then, we would have no services at all.
Lavey: Madam Mayor, just to point out to -- actually a sidebar. We are currently on a call
for service of a man that fell off his scooter and is bleeding profusely from his head, but
that's another discussion. IHS has been providing the service to us for the last two months
free of charge. So, we would have to, in good conscious, reimburse them for the services
that they have offered to us for free. I don't know what that calculated cost is per month,
but they have been operating since October 1 without payment.
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Palmer: Madam Mayor?
De Weerd: Mr. Palmer.
Palmer: Madam Mayor. I think we should fund this, but I also think that it should be
funded by those who have animals and we are charging very little to license them. If we
just did it on dogs to pay for the whole program it would be about 130 dollar registration
fee. I don't know that we need to be registering chickens, but maybe cats. I -- I have
never had an animal. I don't know this world. I just know that I appreciate them being
handled when they are running around free and I think that those who are letting them
run -- whether it's a large -- I try not to equate it with repo'ing cars, but that's my world. A
large redemption fee. I don't know what it's called. That's what we call it. Or a much
larger license fee. But it needs to be a much greater subsidy of this program than what it
is, if anything.
De Weerd: I think dog owners would say the same thing about your kids.
Palmer: Madam Mayor?
De Weerd: Just saying.
Palmer: And if the police pick up my kid, I am more than happy to pay for whatever the
cost of picking up my kid was, if I wasn't the one -- if I did not take the responsibility to
make sure that my kid wasn't out running in the road without being allowed to do so.
De Weerd: My point is there is a cost to enforcement and whether it's juveniles or -- or
misbehaving adults or -- or dogs. I know a lot of dog owners who would say they are their
kids and it should be covered by what they pay. This is to -- to make good on our contract
with the Idaho Humane Society and separate from that is providing this service and what
is the best way to move forward short term and long term and I referred to that at our last
meeting, I do -- would say that they are looking at it. The cities did have a come to Jesus
meeting with the Idaho Humane Society to -- to say we need transparency, we need a
voice, we -- we need better oversight and -- and they have -- they have been cooperating
maybe a little slower than many of us anticipated and expected, but the cities will continue
to have those conversations and we will bring you back numbers when we have them.
But this is for this year's service and it is the true cost. It's been vetted.
Little Roberts: Madam Mayor?
De Weerd: Yes, Ms. --
Palmer: Madam Mayor?
De Weerd: -- Little Roberts.
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Little Roberts: Madam Mayor, thank you very much for that discussion and bringing
information back to us and in the meantime I would like to go ahead and move that we
approve the Idaho Humane Society contract budget amendment not to exceed 9,528
dollars.
Bernt: Second.
De Weerd: I have a motion and a second. Discussion?
Cavener: Madam Mayor?
De Weerd: Mr. Cavener.
Cavener: I think I will likely support the motion, but I do think it's very troubling --
De Weerd: Is your microphone on?
Cavener: Yes, ma'am, it is.
De Weerd: Okay.
Cavener: I can turn it off and turn it back on just to be safe. Okay. I do find it's troubling
that apparently we have come to an agreement without knowing the price and what we
are essentially allowing is the Idaho Humane Society to dictate after the fact how much
our price increase is going to be and while the 9,000 seems okay on our end, what if it
was -- what if there was another zero added to that? Would we just roll along and say,
okay, that's what it is. I'm really troubled that this organization comes to an agreement
with the city and, then, sends us a price increase. I don't think that's how we would
operate as an organization and I find it troubling that we are in a business agreement with
an organization that finds that that is an appropriate course of business. I think it has a
lot more to say with how the organization is functioning when that's the type of action they
choose to take.
De Weerd: Mr. Cavener, I don't think that you get disagreement from the police
department who oversees this or -- or myself. We did ask for transparency and through
that process they -- they put numbers together that -- that showed a larger cost. They
had to replace several vehicles that are not in a capital improvement plan. Those were
added to the cost of doing business. So, there were some unanticipated costs that they
did have to wrap in and, yes, it was a surprise to all of us, but it's just like any other
department coming in front of you saying this is an unexpected cost, it is a cost of doing
business in serving the citizens and it's a cost that we have to pass on, because their
nonprofit side was not willing to absorb it and I don't think that in the animal enforcement
aspect of it the nonprofit side should have absorbed it, but with that said we have said
they need to -- to be better at their transparency and at planning for the future and having
good solid numbers and meeting deadlines of each of the funding entities, so we can
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anticipate what those costs -- the true costs will be. So, I don't know, chief, if you have
anything you want to add, otherwise --
Lavey: Madam Mayor, I -- and I respect what Councilman Cavener has to say. I don't --
I don't see that is what's happening, other than the timeliness, because they -- they
actually could be charging us a lot more. When you look at what they are paying their
people and I have seen their figures now and what they wanted to charge us in operating
costs, they have absorbed a lot of that. The only thing you're covering is increase of the
population and the calls for service that we have put on them. You're not paying for
anything else. If you were paying for any of -- any of the other things that I think that they
wanted or I think that they should be paying for, you're correct, it is a much higher cost.
But because we put it back on them and said you're asking me to provide you additional
funds after my budget process is closed I'm not going to do that. But I do feel obligated
that based upon the growth that we have approved as a city and the demands that we
put on them for calls for service, we are responsible for that. Anything else they -- they
can get timely and they can get that in the future or we can look at what some other --
Palmer: Madam Mayor?
De Weerd: Mr. Palmer.
Palmer: Madam Mayor and Councilman Cavener, to answer your question, if -- if it had
a zero at the end of that, then, I absolutely wouldn't have been supporting it, even if it was
20 to 25 thousand, because, then, it would have been clear that we would have been --
you know, they would have been attempting to help subsidize their puppy palace there
off Overland, which when they came here and presented to us saying, hey, this is what
we are going to come asking for in the future, I said, huh-uh, figure out a different way
and in the future when that does come my vote will be no. But this given as a -- as a
percentage of the total contract I feel is an appropriate change order to -- I mean
everything is going insane here, we know that, and, you know, be asking 9,500 I think is
appropriate. Much more than that to be clear they are trying to get other things funded.
De Weerd: Okay. Mr. Clerk, will you call roll.
Roll call: Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea; Bernt,
yea.
De Weerd: All ayes.
MOTION CARRIED: ALL AYES.
De Weerd: Thank you, chief.
Cavener: Thanks, Jeff. Have a nice evening. Sorry to keep you here so late.
C. Mayor' s Office: Post Office Update
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De Weerd: There you go. Robert, 8-C, update on the post office.
Simison: Thank you, Madam Mayor, Members of the Council. In your packet I put
together a brief memo outlining the current status of conversations that the Mayor and I
have had with the United States Postal Service over the last six months and,
unfortunately, at this point in time I don't see a true path forward. I think it's no -- we have
all seen what the current financial situation the postal service is. They are talking about
a potential government bailout. I don't know if that's even an option or not, but needless
to say, the postal service has no money to invest funds in new facilities and based on the
work that they have done here in Meridian they have found more space to make some
modifications to their downtown facility where they think that they continue to
accommodate the current growth or demands for delivering services with the continued
emphasis on contract models and self service kiosks to satisfy our community. We do
intend to continue to try to work with our delegation. They are very aware and they were
engaged. If there is an opportunity for something to come up I have every confidence
that our new representative who will be in this building will be assisting us. We will have
a conversation with him I think in a couple weeks about this, but Senator Risch's office is
leading point at this point in time on this topic for us. That being said, in our conversations
with the Salt Lake City office, they did bring up the option of looking at adjusting our zip
code boundaries. We do have certain parts of our community which we are -- in our area
of city impact that actually have an Nampa address in the south and areas in north which
are shared with Eagle and it was their suggestion that perhaps -- I don't know if it was just
to appease us to perhaps go through that process of helping clean up our lines for the
community and kind of establishing those boundaries and I put the -- I put the steps in
there and it really will come down to part of the conversations that people that live in those
areas if they want to change their address. I can speak anecdotally through a few
conversations we had with some of our legislators last week that when they heard that
we might be considering that, they were ecstatic about the opportunity to remove
themselves of a Nampa address and get a Meridian address, just because the problems
they face from getting jury summons from the -- from Canyon county, those -- those type
of things which occur. So, that is the recommendation at this point in time, is if we want
to ask the postal service to go through and look at making some boundary adjustments,
we would, obviously, work with community development to determine what that looks like
and, then, follow their steps and processes and unless you have any additional comments
or thoughts, that would be the direction we would move forward at this time. I will stand
for any questions. Or sit.
De Weerd: Thank you, Robert. Any questions? Mr. Palmer.
Palmer: Madam Mayor, Robert, Representative Monks used to bug me every time I saw
him about wanting pools in Meridian, but for the last couple of years all it's been is he
wants -- he wants a Meridian address. So, I'm sure its happening would probably bring
him back to wanting more pools. Maybe we shouldn't.
De Weerd: I kind of think that was a yes, you have support from Mr. Palmer.
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Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: You have support from me. Certainly. For the zip code review process to be
initiated and hats off to all the work trying to understand and, then, weave through the
maze of a post office. You know, that was brought to you -- I think it came from
Councilman Cavener who had citizens. So, this vetting processes has worked well. I
wish the answer was better, but at least we know. So, great work trying to get us to this
point and it makes sense to utilize that opportunity for the zip code cleanup.
De Weerd: Well, it is unusual. We have been working on this a number of years and I
think maybe Mr. Cavener even worked in our office when we first started the
conversations and the post office has been doing countless -- every time you mention a
new post office, they do another space study and maybe they find a couple more closets
that they can turn into workspace. As Mr. Simison mentioned, it might have been just
something to appease us saying, well, you know, you could change your ZIP codes and
I don't know if part of that changing your ZIP codes will also change carrier routes that
could potentially also have a net impact on the post office in the positive. So, less impact,
because they have been doing their zip codes and their carrier routes by those zip codes
and locations. So, perhaps this, in some sense, could also help. I don't know. But those
that we have talked to about the zip code adjustments -- and I never knew that the 83646
was shared by Eagle until the last half year or a year, so -- and I do know that there are
some Kuna residents that have a Meridian zip code as the 83642 and in some cases a
Meridian address, even though they are not in our area of impact, nor have they ever
been. So, this would clean up a lot of that and we did want to bring that back before we
put time and effort into it, then, to find out that you guys weren't interested, so --
Simison: And, Madam Mayor, I would just -- from a timing standpoint what I would suggest
is as we work through the comp plan -- and I know that there is also a desire to clean up
officially with Ada county our area of city impact lines with Kuna -- that we use that as we
get more along this process before we start it. That way it is officially designated, because
that's some of the criteria in here is what -- what are the designated lines, as we expect
those to be changed, hopefully, soon or updated. That once that's done, then, we could
initiate this process.
De Weerd: And that should, hopefully, be part of that Comprehensive Plan that we at
least can start the -- the groundwork today and maybe do it all in one effort. Any other
comments?
Cavener: Madam Mayor, just a comment. Thank you, Robert, navigating the tumultuous
waters of federal government and the US postal system and live to tell about it is a
success story in itself. Appreciate the update and continue to work.
D. Legal: Conflict of Interest Ordinance Discussion
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De Weerd: Thank you. Okay. Item 8-D under our Legal Department.
Nary: Thank you, Madam Mayor, Members of the Council. I provided a memo that's in
your packet regarding a city code provision that's come up in a couple of occasions in
regards to conflict of interest and the concern we have from the Legal Department is this
provision is different than the Idaho Code and the analysis is different than the Idaho
Code and the concern can be, one, is -- one, it's not written very well. I didn't write it, so
I'm not going to take any credit for it, but it's written in a way that's very hard to understand
what they were trying to get to when this was crafted and just to put this on the record, it
says whenever the performance of the official duty shall require any official or employee
to deliberate and/or vote on any matter involving financial or personal interest, the official
or employee shall publicly disclose the nature and extent of such interest and, then, be
disqualified from participating in the deliberation. So, by revealing your conflict you are
also automatically disqualifying yourself. The State Code has a different nuance to it.
The State Code is looking first primarily at financial interest. So, the case law that exists
in Idaho all surrounds the State Code. There is little to nothing in cities regarding a
separate conflict of interest. But, secondarily, in the drafting of this provision I don't know
what was intended by personal interest, but my fair assumption is you all have a personal
interest in what we are talking about. It doesn't necessarily mean you're prohibited from
participating in voting in it. So, we have always focused our attention on the financial
piece. But here what it doesn't do, which was -- which the State Code does, is the State
Code contemplates de minimis interest, that you may have a minimal financial interest in
something and -- and the best example I can give you is it's not uncommon for elected
officials to own stock in certain companies, but you have no controlling interest over stock
in Micron necessarily, but you may own a hundred shares of Micron. Under our city code
that's a financial interest since there is no qualification on what that means or how much
interest you could have, you not only have to disqualify yourself, but the rest of the Council
can't weigh in as they could under the State Code to say that's de minimis, we don't
believe that's a conflict. It's out on the record. It's clear what the issue is and we, as a
body, don't feel the need to exclude you. Now, again, if the individual council member's
conscience prohibits them from participating, that's always their decision. They can
always choose not to do that. But under our -- our city code they are, essentially, required
to reveal it with also the requirement to, then, recuse themself when they do. It doesn't
make much sense and our concern is that, one, it's inconsistent with the State Code. It
certainly is one that could be potentially overlooked and, again, there is some lack of
clarity in what the -- the intentions of the words mean, but, again, a personal interest could
mean nothing more than simply an interest in the outcome, not a personal advantage or
a benefit that's been gained by an elected official specifically, but simply an interest. So,
our recommendation would be to repeal the city code and follow the state code. State
code, again, has been vetted through the legislature through a number of cases over the
years and it has tried to deal with, you know, corruption in government, trying to deal with
influence peddling, trying to deal with people that have actual financial pecuniary gains to
be had in elected official's decisions. So, the -- the case law exists. The -- the entire
reasoning exists behind it that's already there. The Attorney General's Office offers
opinions on the subject matter, but they won't offer an opinion on a city code, because,
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again, they don't have any oversight of that. So, it's come up a few times. We would
recommend repealing that and that's why I brought it to you today.
De Weerd: Thank you, Bill. If you have any questions about that let Bill know if there is
nothing right now.
Nary: Okay.
De Weerd: Okay.
Milam: Do we need to do anything?
Nary: Want me to bring it back?
Milam: Yeah. Bring it back.
De Weerd: Yes, please.
Nary: Okay.
F. Council: ICRMP Training
De Weerd: Okay. Item 8-F, ICRMP training.
Borton: Madam Mayor?
De Weerd: Yes, Mr. Borton, you will have our -- our undivided attention.
Borton: I just need six minutes. If I could speak freely with the Council for this -- slow
your roll a little bit. Okay?
Cavener: We got time.
Borton: We got the sign-up sheet that you have all done the training we are about to do.
Well done. So, real quick. As part of ICRMP training annually we do this every year. We
take a couple topics. Our department, City Council, is being trained as you speak -- as
we speak. Doing this, like each other department, provides a benefit, a discount on our
insurance rates, the city and the taxpayer wins and we are all safer, which is a win-win.
So, what are we talking about today? Well, I will tell you. We are talking about distracted
driving. We are talking about cell phones and driving. Those things go hand in hand.
You each have a couple of -- a couple of information sheets here in front of you.
Distracted driving and cell phones in driving. Okay. ICRMP has provided these things to
educate you a little bit, maybe prompt a couple of questions. So, we all know that
distractions are anything that takes your attention away from the task at hand; right? And
-- and, Mr. Palmer, for example, if you do not give your full attention to the driving of a
vehicle, bad things can happen very quickly; right? So, we know that and we know that
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to drive safely you must pay full attention at all times. Treg, Mr. Bernt, by doing so that
will give you enough time to react. Mr. Bernt, people's lives are in your hands, including
your own life.
Bernt: Yes, sir. Yes.
Borton: So, don't be distracted when you're driving. When you're using your own vehicle,
but you're going to city events perhaps, the city can be implicated. So, it is important not
only for your own safety, but --
Bernt: Is that true? If I'm in my -- Madam Mayor. If I'm in my own car going to a city
event I can be implicated.
Borton: I will -- I'm not the legal counsel for the city. I opened a Pandora's box of --
Nary: We can talk after.
Borton: Yes. Talk after.
Bernt: That's interesting.
Borton: Not to get sidetracked. So, I guess here is a question, Genesis, really, I wanted
to ask you. What distractions do you allow in your vehicle? Do you allow any
distractions?
Milam: Well, Councilman, I never ever let anything distract me from my driving, especially
not food or phones or friends or music. Yeah. I just avoid all of that. I never -- never ever
ever take my eyes off the road and both hands on the wheel, 10:00 and 2:00.
Borton: So, here is one of the -- one that -- I appreciate that. Well, you will find other
drivers do. This will shock you. Is that they will text, they will dial or talk on the phone.
They will eat, drink, read -- who reads? They will write. Some might change music on a
CD. Who has CDs? But they might do that. Or a radio station. Come on, ICRMP needs
to update their sheet here.
Milam: A cassette.
Borton: Yeah. The eight track. Looking for things inside the vehicle. There is just so
many opportunities to be unsafe, folks. So, let's be safe. Let's not be distracted when
we are driving the car at all times, whether you're doing city stuff or personal stuff, be
attentive. You know what you could do? Here is a little take home idea. Create a list of
distractions and discuss maybe with your loved ones, your children, how those could be
eliminated. That's a little -- a little homework for you. So, that's distracted driving. Not
paying attention. Let's not do that.
Cavener: Mr. President?
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Borton: Yes sir.
Cavener: Did you want us to make that list on the drive home?
Borton: Great question. No. And I wasn't clear with that.
Cavener: I just wanted to make sure.
Borton: Really -- really clear. Don't do that.
Cavener: Okay.
Borton: And nor should you read this on the way home. Get home safe. Let's do that at
home. So, one of the items -- let's wrap this up. The next part is cell phones and driving.
It's one of the distractions Council Woman Milam does not suffer from. Well, I will just tell
you that according to the National Safety Council folks, nearly one out of every five motor
vehicle crashes involve cell phones. We joke somewhat, but it's also a very serious
matter. So, we know -- most of us have kids and spouses that we have seen struggle
with that discipline necessary to not text and drive. Don't do it. One of the greatest -- I
will tell you I think one of the greatest little training tidbits is be with somebody like a fellow
council member or your spouse and hold up your phone and start texting, like blatantly
-- not when you're driving, like at a stop sign, and see what happens and they will get
on --
Milam: It's legal -- it legal at stop signs. As long as the vehicle is not moving.
Borton: The point of doing so is to -- to invite the person next to you to say something.
Like, hey, hey, what are you doing, what are you doing, and we are reluctant to do so with
a spouse or a friend. Do it. If you care about somebody tell them to knock it off. They
should appreciate it. Kids are the greatest training tools. So, text in front of your kids or
at least pretend like you're doing it and --
Milam: Yeah. They tell me all the time. Oh.
Borton: Oh. I tell you that, because multitasking impairs performance. Distracted driving
-- or drivers distracted by cell phone conversations display slower reaction times and have
difficulty staying in their lane. They are less likely to see objects, visual cues, exits. When
things change in their driving pattern they can't react quickly enough. Again, our -- our
law enforcement, seriously, have seen some tragic fatalities, quite frankly, with
pedestrians hit, by people texting, even with good intentions, trying to pay attention, they
are sending one quick text before they get home -- it's not worth it. So, just don't do it.
Take the discipline to -- to not text and drive. Well, I'm going to ask you a question,
Councilman Cavener, to wrap this up. What percentage of time, Luke, do you talk on
your cell phone while driving? Now, talking not texting.
Cavener: A significant amount.
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Borton: Significant amount.
Cavener: Eighty percent of my time. Hands free of course.
Borton: Okay. Not everyone has that luxury.
Cavener: Not everyone does.
Borton: So, you just got to be careful when you're doing that. Just keep your eyes on the
road. Stay focused. Anyone here -- last question. Anyone on Council. Have you had
someone that you know have a close call with a cell phone while driving. Maybe yourself,
maybe a family member. You had a close call? Known somebody who had a close call
with a cell phone while driving? Yourself included. So, that's the last take away. Cell
phones and driving, if you saw someone with a close call, that's the -- the kind of the one
bit of the apple. That's the reminder to say, holy cow, I might not get a second chance.
So, be safe with your cell phone, be safe driving and --
Milam: Wait until the red light.
Borton: -- thank you for participating.
Cavener: Thank you, Mr. President, Madam Mayor.
G. Election of City Council Officers [Action Item]
De Weerd: That was important information. Item 8-G, election of City Council officers.
We will go ahead and consider the office of City Council president.
Bernt: Madam Mayor?
De Weerd: Mr. Bernt.
Bernt: I would like to nominate Joseph W. Borton as our council president.
Milam: Second.
De Weerd: I have a motion and a second. Does the nominee agree?
Borton: I do.
De Weerd: Okay. Are there any other nominations?
Milam: Madam Mayor?
De Weerd: Mrs. Milam.
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Milam: I move that -- to nominate Luke Cavener as vice-president.
Borton: Second.
Little Roberts: Second.
Palmer: You got everyone's heart racing there, Genesis.
De Weerd: We didn't close --
Milam: All right. Sorry.
De Weerd: Yeah. You're out of order.
Milam: I know. Trying to hurry and get it done.
De Weerd: Are there any other nominations for president? Council President? Okay. If
not I have a motion and a second to nominate Joe Borton as council president. All those
in favor say aye. Any opposed? Okay. All ayes. Motion carries.
MOTION CARRIED: ALL AYES.
De Weerd: The office of vice-president of City Council. I would entertain nominations.
Mrs. Milam.
Milam: You already did that.
De Weerd: No, I didn't.
Milam: I nominate Luke Cavener as vice-president.
Bernt: Second.
De Weerd: I have a motion and a second. Any further nominations? Does Mr. Cavener
accept?
Cavener: I do.
De Weerd: Okay. If there is no further nominations, we do have a motion and a second
to nominate Mr. Luke Cavener as the vice-president. All those in favor say aye. Any
opposed? Motion carries. All ayes.
MOTION CARRIED: ALL AYES.
Item 9: Ordinances [Action Items]
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A. Ordinance No. 19- 1802: An Ordinance (H-2018-0105 — Alturas
1550 Tech Lane) For The Re -Zone Of Parcel Of Land
Situated In The Southeast'/ 4 Of The Southwest'/ 40f Section 4,
Township 3 North, Range 1 West, Boise Meridian, City Of
Meridian, Ada County Idaho; Establishing And Determining
The Land Use Zoning Classification Of 7. 24 Acres From I-L
Light Industrial) Zoning District To C -G (General Retail And
Service Commercial) Zoning District In The Meridian City
Code; Providing That Copies Of This Ordinance Shall Be Filed
With The Ada County Assessor, The Ada County Recorder,
And The Idaho State Tax Commission, As Required By Law;
And Providing For A Summary Of The Ordinance; And
Providing For A Waiver Of The Reading Rules; And Providing
An Effective Date .
De Weerd: Okay. Item 9-A is under Ordinance 19-1802. Mr. Clerk, will you, please, read
this by title.
Coles: Thank you, Madam Mayor. City of Meridian Ordinance No. 19-1802, an ordinance
file H-2018-0105, Alturas, 1550 Tech Lane, for the re-zone of a parcel of land situated In
the Southeast 1/4 of the Southwest 1/4 of Section 4, Township 3 North, Range 1 West,
Boise meridian, City of Meridian, Ada county Idaho; establishing and determining the land
use zoning classification of 7.24 acres from I-L, Light Industrial Zoning District, to C-G,
General Retail and Service Commercial Zoning District, in the Meridian City Code;
providing that copies of this ordinance shall be filed with the Ada County Assessor, the
Ada County Recorder, and the Idaho State Tax Commission as required by law and
providing for a summary of the ordinance and providing for a waiver of the reading rules
and providing an effective date.
De Weerd: Okay. You have heard this read by title. Do I have a motion to approve?
Milam: Madam Mayor?
De Weerd: Mrs. Milam.
Milam: I move we approve Ordinance No. 19-1802 with suspension of rules.
Little Roberts: Second.
De Weerd: I have a motion and a second to approve Item 9-A. Mr. Clerk, will you call
roll.
Roll call: Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea; Bernt,
yea.
De Weerd: All ayes. Motion carried.
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MOTION CARRIED: ALL AYES.
Item 10: Future Meeting Topics
De Weerd: Any item under ten?
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: I have been working with Caleb trying to figure out a date for the next joint
Council-P&Z meeting. We have got some topics on the agenda already. So, we have
got a date to throw out to you. It fit into their schedule, working that way, Thursday --
Thursday. February. Thursday. Thursday, February 21st. Sorry. At 5:00 o'clock. This
would be before their 6:00 o'clock regular meeting as a potential date for us to show up,
do that joint meeting. Some of the topics include the comp plan update, opportunity zones
and some general motion and procedure work. There will be -- will be new commissioners
to get up to speed at that time, so --
Coles: And, Madam Mayor, just to make sure, Caleb had sent an e-mail to the
commissioners earlier today saying 4:00 o'clock on that date, instead of 5:00 o'clock.
Borton: Oh.
Coles: To check with their schedule. So, 4:00 o'clock on Thursday, February 21st I
believe.
Milam: Madam Mayor?
De Weerd: Mrs. Milam.
Milam: We also have a joint meeting with ACHD that same day.
De Weerd: Yes. At noon.
Milam: Okay. How long is that one projected to last?
De Weerd: 1:30 I believe. Or 1:00.
Milam: So, not that long. Not long enough to get anything done.
Borton: It's an hour and a half. So, that's -- the other option, if it's not February 21st -- I
think that's the preferred date --
Milam: Well, I can't do it.
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Borton: -- would be March 7th. Same idea. It would be probably 4:00 o'clock on a
Thursday, so --
Milam: I babysit.
Borton: -- 21st is priority one. March 7th as a backup, so -- is that --
De Weerd: I will be gone on the 7th.
Milam: I can't do a Thursday. Sorry.
Borton: Not Thursday?
Milam: I have another obligation on Thursday afternoons. After -- from 1:00 on. So, I
could do before 1:00.
Cavener: Madam Mayor?
Milam: Just one person, so don't --
De Weerd: Mr. Cavener.
Cavener: I don't want to belabor this meeting. I think it's important for us to meet with
Planning and Zoning Commission.
Milam: Yes.
Cavener: Having two meetings in the same day with a very busy full-time job schedule
for myself will likely mean that one of those, if not both, may -- I may not be able to attend.
I think it's appropriate to move forward with that date if that works for everyone, but I just
want to go on record that I'm RSVP'ing unknown at this point in time.
De Weerd: Mr. Clerk, in talking about schedules. Does it not work to do it after a City
Council Workshop?
Coles: Madam Mayor, that might be a question for --
De Weerd: I mean not like tonight, but -- I have been working with Caleb.
Borton: So, we will circle back, Madam Mayor. It is an option. I think some of the initial
thoughts were to try and -- you know, they -- they blended with our schedule, try and blend
in with theirs if it's possible. It might not be, but that was the reason that --
Cavener: Madam Mayor?
Borton: -- we were looking at that Thursday.
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De Weerd: Yes. Mr. Cavener.
Cavener: I think it's important for us to -- they are coming to us. I think it's important for
us to try and go to their schedule, to show that collaboration. Again, maybe as a body as
we get closer we can talk. I'm -- I'm happy to do everything I can do to attend that, but,
then, it also means I'm not going to attend the ACHD meeting. Just want to make sure
that we are coordinating our schedules, so that we have an appropriate showing at both
of those meetings.
De Weerd: Well, if Council would take a look at the first and third Thursdays of your
months and see if -- if 4:00 o'clock would work. Mrs. Milam, does -- no Thursday's work
at all?
Milam: Not for -- not after 1:00 o'clock, Madam Mayor.
De Weerd: Okay. If we are trying to meet on -- on their turf and kind of before theirs, they
only meet on Thursdays and so I guess -- if you can just look at your work -- yeah. Good
luck, Joe.
Borton: We'll see. We will get as many of us together as we can.
De Weerd: Okay. Very good. Just a reminder that, Council, there is a grand opening for
Cotton Creek -- Cottonwood Creek on Wednesday --
Milam: Tomorrow.
De Weerd: Tomorrow. And I think it's 4:30 to 6:30.
Milam: Or 7:00 or something.
Bernt: 4:00 to 7:00.
De Weerd: 4:00 to 7:00.
Milam: Yeah.
De Weerd: So, they had their ribbon cutting today and it was very well attended. If there
is -- yes, Mr. Borton.
Borton: You don't have to answer right now, but there is a Doodle scheduler going around
on the budget workshops for June and July.
Milam: I already did it.
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Borton: So, sooner you can do it if you haven't, please, do it, because I know Jenny's
ready to go to schedule accordingly. So, at least take a look at your e-mail and Doodle
away.
Milam: Madam Mayor?
De Weerd: Mrs. Milam.
Milam: I just wanted it -- and I'm not doing a whole update, but on this Parks and
Recreation magazine, this is a national magazine and on the back cover is Hillsdale Park.
Item 11: Executive Session per Idaho State Code 74- 206( 1)( a): To consider
hiring a public officer, employee, staff member or individual agent,
wherein the respective qualities of individuals are to be evaluated in
order to fill a particular vacancy or need; 74-206( 1)( d): To consider
records that are exempt from disclosure as provided in chapter 1, title
74, Idaho Code and 74-206( 1)( 9: To communicate with legal counsel
for the public agency to discuss the legal ramifications of and legal
options for pending litigation, or controversies not yet being litigated
but imminently likely to be litigated.
De Weerd: Very nice and well deserved. Okay. If there is nothing further, I would
entertain a motion on Item 11 to adjourn into Executive Session.
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: I move we go into Executive Session pursuant to Idaho State Code 74-2061
(1)(a),(1)(d) and (1)(f).
Cavener: Second.
De Weerd: Okay. I have a motion and a second. Mr. Clerk, will you, please, call roll.
Roll call: Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea; Bernt,
yea.
MOTION CARRIED: ALL AYES.
EXECUTIVE SESSION: (7:46 p.m. to 9:45 p.m.)
De Weerd: I would entertain a motion to come out of Executive Session.
Borton: So moved.
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Cavener: Second.
De Weerd: All those in favor say aye? All ayes.
MOTION CARRIED: ALLAYES.
De Weerd: Do I have a motion to adjourn.
Borton: So moved.
Milam: Second.
De Weerd: All those in favor? All ayes.
MOTION CARRIED: ALLAYES.
MEETING ADJOURNED AT 9:45 P.M.
(AUDIO RECO _ DIN ON FILE OF THESE PROCEEDINGS)
MAYOR TAY DE WEERD
ATTEST:
C. JAY COLO, CITY C
I /22/Iq
DATE APPROVED
City Council Workshop Meeting Agenda
January 8, 2019
Agenda Item Number: 4 A
Project File Number: H-2018-0134
Item Title: Final Order for Caven Ridge Estates West No. 1 (H-
2018-0134)
Meeting Notes:
By New Cavanaugh, LLC., Located South of E. Victory Rd. on the
West side of S. Standing Timber Way
��i
I TEM SHEET
C ouncil Agenda I tem - 4.A .
Presenter:
Estimated Time f or P resentation:
Title of I tem - F inal Order for Caven Ridge E states West No. 1 (H-2018-0134) by New
C avanaugh, L L C, L ocated S outh of E. Victory Rd. on the West side of S . S tanding T imber
Way
AT TAC HM E NT S:
Description Type Upload D ate
O rder Findings/Orders 1/3/2019
E xhibit A E xhibit 1/3/2019
E xhibit B E xhibit 1/3/2019
Meridian City Council Meeting Agenda January 8, 2019 – Page 4 of 363
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR CAVEN RIDGE ESTATES WEST SUB 1 – MFP H-2018-0134
Page 1 of 3
BEFORE THE MERIDIAN CITY COUNCIL
HEARING DATE: DECEMBER 18, 2018
IN THE MATTER OF THE
REQUEST FOR FINAL PLAT
MODIFICATION TO CHANGE
THE LOCATION OF THE MICR-
PATH FROM THE LOCATION
REQUIRED WITH PREVIOUS
ENTITLEMENTS FOR CAVEN
RIDGE ESTATES WEST
SUBDIVISION NO. 1
BY: WENDY SHRIEF, JUB
ENGINEERS
APPLICANT
)
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)
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CASE NO. H-2018-0134
ORDER OF CONDITIONAL
APPROVAL OF FINAL PLAT
This matter coming before the City Council on December 18, 2018 for final plat approval
pursuant to Unified Development Code (UDC) 11-6B-3 and the Council finding that the
Administrative Review is complete by the Planning and Development Services Divisions of the
Community Development Department, to the Mayor and Council, and the Council having
considered the requirements of the preliminary plat, the Council takes the following action:
IT IS HEREBY ORDERED THAT:
1. The Final Plat of “PLAT SHOWING CAVEN RIDGE ESTATES WEST
SUBDIVISION NO. 1, SITUATED IN THE NORTHWEST QUARTER OF
SECTION 30, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN,
CITY OF MERIDIAN, ADA COUNTY, IDAHO, 2018, HANDWRITTEN
Meridian City Council Meeting Agenda January 8, 2019 – Page 5 of 363
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR CAVEN RIDGE ESTATES WEST SUB 1 – MFP H-2018-0134
Page 2 of 3
DATE: 9/28/2018, by MICHAEL S. BYRNS, PLS, SHEET 1 OF 7,” is
conditionally approved subject to those conditions of Staff as set forth in the staff
report to the Mayor and City Council from the Planning and Development
Services divisions of the Community Development Department dated December
18, 2018, a true and correct copy of which is attached hereto marked “Exhibit A”
and by this reference incorporated herein, and the response letter from Wendy
Shrief, JUB Engineers, a true and correct copy of which is attached hereto
marked “Exhibit B” and by this reference incorporated herein.
2. The final plat upon which there is contained the certification and signature of the
City Clerk and the City Engineer verifying that the plat meets the City’s
requirements shall be signed only at such time as:
2.1 The plat dimensions are approved by the City Engineer; and
2.2 The City Engineer has verified that all off-site improvements are
completed and/or the appropriate letter of credit or cash surety has been
issued guaranteeing the completion of off-site and required on-site
improvements.
NOTICE OF FINAL ACTION
AND RIGHT TO REGULATORY TAKINGS ANALYSIS
The Applicant is hereby notified that pursuant to Idaho Code § 67-8003, the Owner may
request a regulatory taking analysis. Such request must be in writing, and must be filed with the
City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at
Meridian City Council Meeting Agenda January 8, 2019 – Page 6 of 363
issue. A request for a regulatory takings analysis will toll the time period within which a Petition
for Judicial Review may be filed.
Please take notice that this is a final action of the governing body of the City of
Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an
interest in real property which may be adversely affected by this decision may, within twenty-
eight (28) days after the date of this decision and order, seek a judicial review pursuant to Idaho
Code§ 67-52.
By action of the City Council at its regular meeting held on the day of
� hn Lto ru 1-2 - 20 I q
By:
W rd
Attest: o Aucvsl �
Mayor, City of e idian
0
_ ID1,A o
Jay Cole
My Clerk
Copy served upon the Applicant, Planning and Development Services Divisions of the
Community Development Department and City Attorney.
By: r �QYI� ( Dated:
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR CAVEN RIDGE ESTATES WEST SUB 1 — MFP H-2018-0134
Page 3 of 3
Page 1
HEARING
DATE:
12/18/2018
TO: Mayor & City Council
FROM: Sonya Allen, Associate Planner
208-884-5533
SUBJECT: H-2018-0134
Caven Ridge Estates West Sub. 1
LOCATION: South of E. Victory Rd. and west of S.
Standing Timber Way, in the NW ¼ of
Section 30, T.3N., R.1E.
I. PROJECT DESCRIPTION
Final plat modification to change the location of the micro-path from the location required
with previous entitlements.
II. SUMMARY OF REPORT
A. Project Summary
STAFF REPORT
COMMUNITY DEVELOPMENT DEPARTMENT
Description Details Page
Acreage 7.74
Future Land Use Designation MDR (medium density residential)
Existing/Proposed Land Use(s) In development process – approved for single-family homes
Current Zoning R-8
Proposed Zoning NA
History (previous approvals) H-2017-0156; H-2018-0045
EXHIBIT A
Meridian City Council Meeting Agenda January 8, 2019 – Page 8 of 363
Page 2
B. Project Area Maps
III. APPLICANT INFORMATION
A. Applicant:
Wendy Shrief, J-U-B Engineers, 250 S. Beechwood Ave., Ste. 201, Boise, ID 83709
B. Owner:
New Cavanaugh, LLC, 3327 N. Eagle Rd., Ste. 110, Meridian, ID 83646
C. Representative:
Same as Applicant
Future Land Use Map
Aerial Map
Zoning Map
Planned Development Map
Meridian City Council Meeting Agenda January 8, 2019 – Page 9 of 363
Page 3
IV. STAFF ANALYSIS
The final plat approval for Caven Ridge Estates West Subdivision No. 1 included a condition of
approval (site specific #4c) for the plat to be revised to relocate the common lot with the pathway
depicted between Lots 3 and 5, Block 1 to align with the pathway depicted on the south side of E.
Sicily Dr. within Lot 6, Block 3 (either between Lots 7 and 8 or Lots 8 and 9, Block 1; and a
condition of approval (site specific #5d) for the landscape plan to be revised to relocate the common
lot with the pathway depicted between Lots 3 and 5, Block 1 to align with the pathway depicted on
the south side of E. Sicily Dr. within Lot 6, Block 3 (either between Lots 7 and 8 or Lots 8 and 9,
Block 1). See plat and landscape plan below in Section VI.A.
The applicant proposes to modify this entitlement to shift the pathway on the north side of E. Sicily
Dr. approximately 200’ to the east between Lots 3 and 5, Block 1 to align with the sidewalk on S.
Natural Way. The pathway has already been constructed in this location along with the infrastructure
and streets for the subdivision. Relocation of the pathway to the west would result in the shifting of 4
residential lots and relocation of previously constructed water and sewer services for those lots. Eight
(8) cuts would also need to be made in the newly constructed street and sidewalks to relocate the
services. Due to weather conditions, it’s unlikely the cut areas could be repaved until Spring.
The purpose of the condition was so that the micro-path connections on the north and south sides of
Sicily Dr. would align for a more direct and clear connection to the multi-use pathway. As proposed,
the pathway on the north side of Sicily jogs approximately 200’ to the east. Although not ideal, it’s
Staff’s opinion the location of the pathway as constructed meets the intent of the conditions of
approval in providing a micro-path connection to the multi-use pathway along the Ridenbaugh Canal.
Therefore, Staff is in support of the Applicant’s request.
In the future, if improvements are constructed prior to obtaining the City Engineer’s signature
on the final plat, the Applicant should take extra care in reviewing the conditions of approval
prior to construction to ensure improvements are constructed as required. As an extra
precaution, revised plans can be submitted for review and approval prior to submittal of the
final plat for signature to ensure compliance with previous conditions of approval.
V. DECISION
A. Staff:
Staff recommends approval of the proposed final plat modification as requested by the Applicant.
Meridian City Council Meeting Agenda January 8, 2019 – Page 10 of 363
Page 4
VI. EXHIBITS
A. Previously Approved Final Plat and Landscape Plan
Meridian City Council Meeting Agenda January 8, 2019 – Page 11 of 363
Page 5
If plans were revised and pathway constructed as required, it would have looked like this:
Meridian City Council Meeting Agenda January 8, 2019 – Page 12 of 363
Page 6
B. As-Built Landscape Plan (stamped date: 11/9/2018)
Meridian City Council Meeting Agenda January 8, 2019 – Page 13 of 363
From:Wendy Shrief
To:Sonya Allen ; C.Jay Coles; Charlene Way ; Chris Johnson
Cc:Brady Lasher (brady@lasherenterprises.com); Bill Parsons
Subject:RE: Caven Ridge Estates West Sub. 1 - MFP H-2018-0134 Staff Report for 12/18 Council Mtg
Date:Friday, December 14, 2018 11:46:54 AM
Attachments:image007.png
image013.png
Sonya,
We are in agreement with the staff report and we would appreciate being moved to the consent
agenda. And Merry Christmas!
Wendy
Wendy Kirkpatrick Shrief, AICP
Planner
J-U-B ENGINEERS, Inc.
250 S. Beechwood Avenue, Suite 201, Boise, ID 83709
e wshrief@jub.com w www.jub.com
p 208 376 7330 c 208 559 1760
From: Sonya Allen <sallen@meridiancity.org>
Sent: Thursday, December 13, 2018 10:33 AM
To: C.Jay Coles <cjcoles@meridiancity.org>; Charlene Way <cway@meridiancity.org>; Chris Johnson
<cjohnson@meridiancity.org>
Cc: Wendy Shrief <wshrief@jub.com>; Brady Lasher (brady@lasherenterprises.com)
<brady@lasherenterprises.com>; Bill Parsons <bparsons@meridiancity.org>
Subject: Caven Ridge Estates West Sub. 1 - MFP H-2018-0134 Staff Report for 12/18 Council Mtg
Attached is the staff report for the proposed final plat modification for Caven Ridge Estates West
Sub. 1. This item is scheduled to be on the Council agenda on December 18 th . The public hearing
will be held at City Hall, 33 E. Broadway Avenue, beginning at 6:00 pm. Please call or e-mail with any
questions.
Wendy - Please submit any written response you may have to the staff report to the City Clerk’s
office (cityclerk@meridiancity.org ) and me as soon as possible.
Thanks,
EXHIBIT B
Meridian City Council Meeting Agenda January 8, 2019 – Page 14 of 363
Sonya Allen | Associate Planner
City of Meridian | Community Development Dept.
33 E. Broadway Ave., Ste. 102, Meridian, Idaho 83642
Phone: 208-884-5533 | Fax: 208-489-0578
Built for Business, Designed for Living
All e-mail messages sent to or received by City of Meridian e-mail accounts are subject to the Idaho law,
in regards to both release and retention, and may be released upon request, unless exempt from disclosure by law.
This e-mail and any attachments involving J-U-B or a subsidiary business maycontain information that is confidential and/or proprietary. Prior to use, you agree tothe provisions found on the Electronic Documents/Data License, which can beaccessed from the footer on the J-U-B home page. If you believe you received thisemail in error, please reply to that effect and then delete all copies.
Meridian City Council Meeting Agenda January 8, 2019 – Page 15 of 363
City Council Workshop Meeting Agenda
January 8, 2019
Agenda Item Number: 4 B
Project File Number: H-2018-0112
Item Title: Findings of Fact, Conclusions of Law for Shelburne East
(H-2018-0112)
Meeting Notes:
By Shelburne Properties, LLC., Located at 4080, 4115, 4205,
4301 and 5330 Bott Ln.
I TEM SHEET
C ouncil Agenda I tem - 4.B .
Presenter:
Estimated Time f or P resentation:
Title of I tem - F indings of F act, C onclusions of L aw for S helburne E ast (H-2018-0112) by
Shelburne Properties, L L C, L ocated at 4080, 4115, 4205, 4301 and 4330 Bott L n.
AT TAC HM E NT S:
Description Type Upload D ate
F indings Findings/Orders 1/4/2019
E xhibit A E xhibit 1/4/2019
Meridian City Council Meeting Agenda January 8, 2019 – Page 16 of 363
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). H-2018-0112 - 1 -
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND DECISION & ORDER
In the Matter of the Request for Annexation and Zoning of 35.09 Acres of Land with R-4 (23.58
Acres) and R-8 (11.52 Acres) Zoning Districts; and Preliminary Plat Consisting of 101 Building
Lots and 21 Common Lots on 34.62 Acres of Land in the R-4 and R-8 Zoning Districts, by
Shelburne Properties, LLC.
Case No(s). H-2018-0112
For the City Council Hearing Date of: December 18, 2018 (Findings on January 8, 2019)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of December 18, 2018, incorporated
by reference)
2. Process Facts (see attached Staff Report for the hearing date of December 18, 2018, incorporated
by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of December 18,
2018, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of December 18, 2018, incorporated by reference)
B. Conclusions of Law
1. The City of Meridian shall exercise the powers conferred upon it by the “Local Land Use
Planning Act of 1975,” codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503).
2. The Meridian City Council takes judicial notice of its Unified Development Code codified at
Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by
ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of
Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A.
4. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
5. It is found public facilities and services required by the proposed development will not impose
expense upon the public if the attached conditions of approval are imposed.
6. That the City has granted an order of approval in accordance with this Decision, which shall be
signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the
Community Development Department, the Public Works Department and any affected party
requesting notice.
Meridian City Council Meeting Agenda January 8, 2019 – Page 17 of 363
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). H-2018-0112 - 2 -
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of December 18, 2018, incorporated by reference. The conditions are concluded to
be reasonable and the applicant shall meet such requirements as a condition of approval of the
application.
C. Decision and Order
Pursuant to the City Council’s authority as provided in Meridian City Code § 11-5A and based upon
the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that:
1. The applicant’s request for Annexation & Zoning and Preliminary Plat is hereby approved with
the requirement of a Development Agreement per the provisions in the Staff Report for the
hearing date of December 18, 2018, attached as Exhibit A.
D. Notice of Applicable Time Limits
Notice of Preliminary Plat Duration
Please take notice that approval of a preliminary plat, combined preliminary and final plat, or
short plat shall become null and void if the applicant fails to obtain the city engineer’s signature
on the final plat within two (2) years of the approval of the preliminary plat or the combined
preliminary and final plat or short plat (UDC 11-6B-7A).
In the event that the development of the preliminary plat is made in successive phases in an
orderly and reasonable manner, and conforms substantially to the approved preliminary plat,
such segments, if submitted within successive intervals of two (2) years, may be considered for
final approval without resubmission for preliminary plat approval (UDC 11-6B-7B).
Upon written request and filed by the applicant prior to the termination of the period in accord
with 11-6B-7.A, the Director may authorize a single extension of time to obtain the City
Engineer’s signature on the final plat not to exceed two (2) years. Additional time extensions up
to two (2) years as determined and approved by the City Council may be granted. With all
extensions, the Director or City Council may require the preliminary plat, combined
preliminary and final plat or short plat to comply with the current provisions of Meridian City
Code Title 11. If the above timetable is not met and the applicant does not receive a time
extension, the property shall be required to go through the platting procedure again (UDC 11-
6B-7C).
Notice of Development Agreement Duration
The city and/or an applicant may request a development agreement or a modification to a
development agreement consistent with Idaho Code section 67-6511A. The development
agreement may be initiated by the city or applicant as part of a request for annexation and/or
rezone at any time prior to the adoption of findings for such request.
A development agreement may be modified by the city or an affected party of the development
agreement. Decision on the development agreement modification is made by the city council in
accord with this chapter. When approved, said development agreement shall be signed by the
property owner(s) and returned to the city within six (6) months of the city council granting the
modification.
A modification to the development agreement may be initiated prior to signature of the
Meridian City Council Meeting Agenda January 8, 2019 – Page 18 of 363
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). H-2018-0112 - 3 -
agreement by all parties and/or may be requested to extend the time allowed for the agreement
to be signed and returned to the city if filed prior to the end of the six (6) month approval
period.
E. Notice of Final Action and Right to Regulatory Takings Analysis
1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development
application entitles the Owner to request a regulatory taking analysis. Such request must be in
writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the
final decision concerning the matter at issue. A request for a regulatory takings analysis will
toll the time period within which a Petition for Judicial Review may be filed.
2. Please take notice that this is a final action of the governing body of the City of Meridian.
When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person
who has an interest in real property which may be adversely affected by the final action of the
governing board may within twenty-eight (28) days after the date of this decision and order
seek a judicial review as provided by Chapter 52, Title 67, Idaho Code.
F. Attached: Staff Report for the hearing date of December 18, 2018
Meridian City Council Meeting Agenda January 8, 2019 – Page 19 of 363
4t/) 1
By action of the City Council at its regular meeting held on the day of 4J a n uQ r
2019. __
COUNCIL PRESIDENT JOE BORTON VOTED 1
COUNCIL VICE PRESIDENT LUKE CAVENER VOTED �Cl
COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED (f6
COUNCIL MEMBER TY PALMER VOTED \l�
COUNCIL MEMBER TREG BERNT VOTED
COUNCIL MEMBER GENESIS MILAM VOTED
MAYOR TAMMY de WEERD VOTED
(TIE BREAKER)
ay T j—m/de Weerd
OQ'Pjje
AUGUST'
Attest: o�Q
� w
a 01v of
ER
IDAHO
y Coleu SEAL P/
City Clerk
Copy served upon Applicant, Community Development Department, Public Works Department and City
Attorney.
By: C -)Dated:
City Clerk's Office
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). H-2018-0112 - 4 -
Page 1
STAFF REPORT
COMMUNITY DEVELOPMENT DEPARTMENT
DATE: 12/18/2018
TO: Mayor & City Council
FROM: Sonya Allen, Associate Planner
208-884-5533
Bruce Freckleton, Development Services
Manager
208-887-2211
SUBJECT: H-2018-0112
Shelburne East
PROPERTY LOCATION:
4080, 4115, 4205, 4301 & 4330 E. Bott
Ln., in the SE ¼ of Section 28, Township
3N., Range 1E.
I. PROJECT DESCRIPTION
Annexation & zoning of 35.09 acres of land with R-4 (23.58 acres) and R-8 (11.52 acres) zoning
districts; and, Preliminary Plat consisting of 101 building lots and 21 common lots on 34.62 acres of
land in the proposed R-4 and R-8 zoning districts.
II. SUMMARY OF REPORT
A. Project Summary
Description Details Page
Acreage
Future Land Use Designation Medium Density Residential (MDR) (3-8 units/acre)
Existing Land Use Rural residential and agricultural, zoned RUT in Ada County
Proposed Land Use(s) Single-family residences
Current Zoning RUT
Proposed Zoning R-4 and R-8
Lots (# and type; bldg/common) 122 lots total; 101 building lots/21 common lots
Phasing plan (# of phases) 3 phases
Number of Residential Units (type
of units)
101 (single family detached homes)
Density (gross & net) 3.10 units/acre (gross); 4.81 units/acre (net)
Open Space (acres, total [%] /
buffer / qualified)
5.25 acres (16%)
Amenities 20,000 SF grassy area, sports court, tot lot, community
garden, pond, three shade/picnic areas, open play field, micro-
pathway, 10-foot wide multi-use pathway
Physical Features (waterways,
hazards, flood plain, hillside)
Nine Mile Creek, Ten Mile Feeder Canal
EXHIBIT A
Meridian City Council Meeting Agenda January 8, 2019 – Page 21 of 363
Page 2
Description Details Page
Neighborhood meeting date; # of
attendees:
April 10, 2018; 12 attendees
July 2, 2018; 10 attendees
August 7, 2018; 10 attendees
History (previous approvals) None
B. Community Metrics (see Exhibit B for detailed information)
Description Details Page
Ada County Highway District
Staff report (yes/no) Yes
Requires ACHD
Commission Action
(yes/no)
Yes (for LOS proposal)
Access (Arterial/Collectors/State
Hwy/Local)(Existing and Proposed)
S. Hillsdale Ave. & E. Bott Ln. (both collectors)
Traffic Level of Service
Stub Street/Interconnectivity/Cross
Access
Stub streets are proposed to adjacent parcels to the west and
south (see plat)
Existing Road Network
Existing Arterial Sidewalks /
Buffers
Proposed Road Improvements
Fire Service
Distance to Fire Station 1+/- mile to Station No. 4
Fire Response Time 4 minutes (level of service expectation= 5 minutes)
Resource Reliability 79% (does not meet the targeted goal of 85% or greater)
Risk Identification 1 (residential) – current resources would be adequate to
supply service to this propose project
Accessibility Does not meet all required road widths and turnarounds; will
need revisions to meet IFC requirements. [A structural
engineer is reviewing the existing bridge to ensure it can
safely support a fire truck (i.e. 80,000 lbs.).]
Special/resource needs An aerial device will not be required
Water Supply Requires 1,000 gallons per minute for one hour
Other Resources
Police Service
Distance to Police Station 5 miles from Meridian Police Department
Police Response Time 5 minutes
Calls for Service 89
% of calls for service split
by priority
% of P3 CFS – 1.1%
% of P2 CFS – 65.2%
% of P1 CFS – 31.5%
% of P0 CFS – 2.2%
Accessibility Requesting two different points of public access.
Improve bridge to accommodate two lanes of traffic and
heavy vehicles.
Recommend that all roadway and bridge improvements be
completed before occupancy of homes. (A structural engineer
is reviewing the bridge to ensure safe secondary access in the
interim of the bridge being reconstructed.)
Specialty/resource needs No additional need
Crimes 22 total
Crashes 4
Other Reports
Meridian City Council Meeting Agenda January 8, 2019 – Page 22 of 363
Page 3
Description Details Page
Distance to nearest City Park (+
size)
West Ada School District
Distance (elem, ms, hs) Hillsdale Elementary: ½ mile
Lake Hazel Middle School: 1.7 miles
Mountain View High School: 4 miles
Capacity of Schools Hillsdale Elementary: 650
Lake Hazel Middle School: 1,000
Mountain View High School: 1,800
# of Students Enrolled Hillsdale Elementary: 751
Lake Hazel Middle School: 1,015
Mountain View High School: 2,303
C. Project Area Maps
Future Land Use Map
Aerial Map
Meridian City Council Meeting Agenda January 8, 2019 – Page 23 of 363
Page 4
Zoning Map
Planned Development Map
III. APPLICANT INFORMATION
A. Applicant:
Shelburne Properties, LLC. - 7440 E. Pinnacle Peak Rd., Ste. 142, Scottsdale, AZ 85255
B. Owner:
Jeffrey and Deanna Fulcher – 4330 E. Bott Lane, Meridian, ID 83642
Michael and Marleen Kingsley – 4301 E. Bott Lane, Meridian, ID 83642
David and Dixie Seegmiller – 4080 E. Bott Lane, Meridian, ID 83642
Shelburne Properties, LLC. – 4115 E. Bott Lane, Meridian, ID 83642
C. Representative:
John Carpenter, T-O Engineers – 332 N. Broadmore Way, Ste. 101, Nampa, ID 83687
IV. NOTICING
A. Newspaper notification published on: 10/26/2018 (Commission); 11/30/2018 (City Council)
B. Radius notice mailed to properties within 300 feet on: 10/24/2018 (Commission); 11/27/2018
(City Council)
C. Applicant posted notice on site on: 11/2/2018 (Commission); 11/29/2018 (City Council)
D. Nextdoor posting: 10/23/2018 (Commission); 11/27/2018 (City Council)
Meridian City Council Meeting Agenda January 8, 2019 – Page 24 of 363
Page 5
V. STAFF ANALYSIS
A. Comprehensive Plan Policies:
“Support a variety of residential categories (low-, medium-, medium-high and high-density
single-family, multi-family, townhouses, duplexes, apartments, condominiums, etc.) for the
purpose of providing the City with a range of affordable housing opportunities.” (3.07.01E)
“Restrict private curb cuts and access points on collectors and arterial streets.” (3.06.02D)
“Permit new development only where urban services can be reasonably provided at the time
of final approval and development is contiguous to the City.” (3.01.01F)
“Require common area in all subdivisions.” (3.07.02F)
“Require pedestrian access in all new development to link subdivisions together and promote
neighborhood connectivity.” (3.07.02C)
“Develop pathways to connect Meridian with Boise, Nampa, Kuna and Eagle.” (6.01.02C)
B. Existing Structures/Site Improvements:
There are (4) existing homes and accessory structures on this site; all are proposed to be removed
except for the home on proposed Lot 9, Block 9 and the garage on proposed Lot 6, Block 7. A
new home is proposed to be built on Lot 6, Block 7 and the existing garage will serve as an
accessory structure to the home. The structures proposed to remain meet the required setbacks.
The remaining structures should be removed prior to signature on the final plat by the City
Engineer.
C. Dimensional Standards: (UDC Tables 11-2A-5 and 11-2A-6)
Meridian City Council Meeting Agenda January 8, 2019 – Page 25 of 363
Page 6
Note: There are several lots that do not include a street frontage dimension and one lot (Lot 12, Block 1)
that doesn’t meet the minimum property size. All lots should comply with the dimensional standards
listed above, as applicable.
D. Specific Use Standards:
None
E. Traffic
Thompson Engineering prepared a traffic analysis for this development; a full Traffic Impact
Study was not required. The traffic analysis was reviewed by ACHD and taken into consideration
in their report.
F. Access: (UDC 11-3A-3)
Access is proposed via the future S. Hillsale Ave., a collector street, via E. Peaceful Pond Dr.
from E. Zaldia St.; and E. Bott Ln., currently a local street but designated as a future collector
street, via Cloverdale Rd. A new bridge is proposed on Bott Lane over the Ten Mile Feeder Canal
to replace the existing single-lane bridge. ACHD is requiring Bott Lane to be improved off-site
from the east property line, east to Cloverdale Rd., with 30 feet of pavement and 3-foot wide
gravel shoulders.
The Applicant is having a structural engineer review the existing bridge over the Ten Mile
Feeder Canal to ensure it’s safely capable of supporting a fire truck (80,000 lbs.) so that a
secondary access is available to the site for emergency purposes. Documentation should be
submitted to the Planning Division and Fire Department of the findings.
Stub streets for future extension and interconnectivity are proposed to the west to the Marsh
(#S1128427880) and Rasmussen (#R5070900400) properties; and to the south to the Williams
(S1128438500) property.
G. Parking: (UDC Table 11-3C-6)
Off-street parking should be provided in accord with the following standards:
All garages are proposed to hold 3 cars and will have a parking pad outside the garage to
accommodate parking for each residence in accord with this requirement.
H. Common Driveways (UDC 11-6C-3D)
Three (3) common driveways are proposed that comply with UDC standards.
An exhibit is required to be submitted with the final plat application that depicts the
setbacks, fencing, building envelope and orientation of the lots and structures. Driveways
for abutting properties that aren’t taking access from the common driveway(s) should be
depicted on the opposite side of the shared property line away from the common driveway.
Solid fencing adjacent to common driveways is prohibited unless separated by a minimum
5-foot wide landscaped buffer.
A perpetual ingress/egress easement is required to be filed with the Ada County Recorder,
which shall include a requirement for maintenance of a paved surface capable of supporting
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fire vehicles and equipment. A copy of the easement should be submitted to the Planning
Division prior to signature on the final plat.
I. Sidewalks/Parkways: (UDC 11-3A-17)
Detached sidewalks with parkways are proposed along S. Hillsdale Ave. and E. Bott Ln.,
collector streets, and adjacent to some common lots; attached sidewalks are proposed along the
majority of local streets within the development.
J. Pathways: (UDC 11-3A-8, 11-3B-12C)
A segment of the City’s multi-use pathway system is proposed along the east side of the Ten Mile
Feeder Canal in accord with the Pathways Master Plan; a 14-foot wide public pedestrian
easement is required to be submitted to the Planning Division for the pathway (coordinate
details with Kim Warren, Park’s Dept. 208-888-3579).
K. Landscaping (11-3B)
A 20-foot wide street buffer is required along E. Bott Ln. and S. Hillsdale Ave., both collector
streets, in accord with UDC Table 11-2A-5 and 11-2A-6 and landscaped per the standards listed
in UDC 11-3B-7C. Landscaping is proposed in accord with UDC standards.
Landscaping is required along pathways in accord with the standards listed in UDC 11-3B-12C. A
minimum 5-foot wide landscape strip is required along each side of the pathway consisting of a
mix of trees, shrubs, lawn and/or other vegetative groundcover. A minimum of (1) tree is required
per 100 linear feet of pathway. Landscaping needs to be included on the west side of the multi-use
pathway along the Ten Mile Feeder Canal.
Stormwater swales are required to be vegetated and designed in accord with the standards listed
in UDC 11-3B-11C.
Common open space areas are required to be landscaped with lawn (either seed or sod) and a
minimum of one deciduous shade tree per 8,000 square feet as set forth in UDC 11-3G-3E.
Parkways are required to be landscaped per the standards listed in UDC 11-G-3B.5.
Mitigation is required for all existing healthy trees 4” caliper or greater that are removed from the
site with equal replacement of the total calipers lost on site up to an amount of 100% replacement
in accord with UDC 11-3B-10C.5. Mitigation calculations are included on the landscape plan in
accord with UDC standards.
L. Qualified Open Space: (UDC 11-3G-3B)
A minimum of 10% (3.4 acres) qualified open space is required; a total of 5.25 acres (or 16%) is
proposed consisting of a community orchard, a pond, collector street buffers, parkways along
collector/local streets, stormwater detention facilities, and open grassy areas at least 50’ x 100’ in
area. (See Exhibit D in Section VII.)
M. Qualified Site Amenities: (UDC 11-3G-3C)
A minimum of (2) qualified site amenities are required; several amenities are proposed from each
of the three categories (i.e. quality of life, recreation, and pedestrian or bicycle circulation system)
as follows: (3) picnic areas with shelters and tables, a sports court (i.e. pickleball), a segment of
the City’s multi-use pathway system along the Ten Mile Feeder Canal, internal pathways and
micro-paths, a pond with a bench, a tot lot with children’s play equipment, a community orchard
with picnic tables, and an additional 20,000 square feet of common open space area. (See Exhibit
E in Section VII.)
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N. Waterways: (UDC 11-3A-6)
The Ten Mile Feeder Canal and the Nine Mile Creek cross this site. The canal is proposed to
remain open and not be piped; the creek is proposed to be piped. However, the UDC requires
creek corridors to remain open and be improved as a natural amenity in all residential
designs.
O. Storm Drainage: (UDC 11-3A-18)
An adequate storm drainage system is required in all developments in accord with the City’s
adopted standards, specifications and ordinances. Design and construction shall follow best
management practice as adopted by the City as set forth in UDC 11-3A-18.
P. Open Water Ponds (11-3G-3B.8)
An irrigation pond is proposed on Lot 13C, Block 4 and will bypass flow from the Nine Mile
Creek and will be designed to serve as an amenity. All ponds with a permanent water level are
required to have recirculated water and be maintained such that it doesn’t become a
mosquito breeding ground.
Q. Fencing: (UDC 11-3A-6C and 11-3A-7)
Five-foot tall privacy fence is proposed along the perimeter of the subdivision and adjacent to
common areas that are visible from the street; 5-foot and 6-foot tall view fence is proposed
adjacent to the Ten Mile Feeder Canal and internal common areas in accord with UDC standards.
R. Irrigation Easements:
Irrigation easements wider than10 feet are required to be included in a common lot that is
a minimum of 20 feet wide and outside of a fenced area, unless modified by City Council
at a public hearing with notice to surrounding property owners. There is a 15-foot wide
irrigation easement depicted along the southern boundary of Lots 2-9, Block 4 and
along the north boundary of Lot 9, Block 3 that is required to be placed in a common
lot unless otherwise approved by City Council; the Applicant requests Council approval
of the easement to be placed on building lots rather than in a common lot.
S. Utilities: (UDC 11-3A-21)
Connection to City water and sewer services is proposed. Street lighting is required to be installed
in accord with the City’s adopted standards, specifications and ordinances.
The existing home proposed to remain on Lot 9, Block 9 is required to hook up to City water and
sewer service within 60 days of it becoming available as set forth in MCC 9-1-4 and 9-4-8.
T. Building Elevations
Conceptual building elevations were submitted for future homes within this development; the
architectural style will be a continuation of those in Shelburne Subdivision to the west. Building
materials consist of stucco and board-and-batten siding with some stone veneer accents. Most of
the homes will be a single-story in height with some 2-story, will range in size from 1,800 to
3,000 square feet, contain 3-4 bedrooms and have 2- and 3-car garages (see Exhibit F in Section
VII.)
Because the rear and/or sides of 2-story homes will be highly visible from the collector
streets (i.e. Hillsdale Ave. and Bott Ln.), staff recommends articulation is incorporated
through changes in two or more of the following: modulation (e.g. projections, recesses,
step-backs, pop-outs), bays, banding, porches, balconies, material types, or other integrated
architectural elements to break up monotonous wall planes and roof lines that are visible
from the subject public street. Single-story structures are exempt from this requirement.
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VI. DECISION
A. Staff:
The legal description submitted with the annexation application shows the boundaries of the
property contiguous to land that has been annexed into the City and is within the Area of City
Impact boundary.
The proposed density (3.10 units/acre) of the subdivision is at the low end but consistent with that
desired in MDR designated areas. Common open space and site amenities are dispersed
throughout the development and are substantially above the minimum required standards.
Pathways provide pedestrian connections to internal common areas throughout the development
and to adjacent properties.
For these reasons, staff recommends approval of the proposed AZ and PP applications with the
requirement of a Development Agreement per the provisions in Section VII.
B. Commission:
The Meridian Planning & Zoning Commission heard these items on November 15, 2018. At
the public hearing, the Commission moved to recommend approval of the subject AZ and
PP requests.
1. Summary of Commission Public Hearing:
a. In favor: Jeff Bower, Applicant’s Representative; Michael Kingsley; Shon Parks, T-
O Engineers;
b. In opposition: Jennifer Marsh; Jared Marsh;
c. Commenting: Lisa Esson, Earl Esson, Bonnie Stiles; Jeff Fulcher
d. Written testimony: John Carpenter, T-O Engineers (Applicant’s Representative);
Tim and Lisa Petsky
e. Staff presenting application: Sonya Allen; Bill Parsons
f. Other staff commenting on application: None
2. Key issue(s) of Public Testimony:
a. The Petsky’s request a 6’ tall privacy fence and either a restriction for a single-story
home on the lot against their southeast corner or no second story windows facing
north due to the location of their outdoor kitchen and pool area where they’d like to
retain their privacy;
b. Concern pertaining to increased traffic in the area generated from the proposed
development and impact on quality of life for existing residents;
c. Concern pertaining to the lack of continuous/complete improvements (i.e. street and
sidewalks) on Bott Ln. from the east project boundary to Cloverdale Rd.;
d. Against the density proposed, belief that it’s too high for this area, prefer R-4
zoning;
e. The Marsh’s request a barrier is constructed along their south property line next to
Bott Ln. where their son’s bedroom is located for safety, fencing along their east
property boundary, and single-level homes constructed adjacent to their property;
f. Concern pertaining to impact of the proposed development on already overcrowded
schools;
g. Concern pertaining to cut-through traffic on Bott Ln./Peaceful Pond between
Cloverdale and Eagle Roads;
h. Lack of transition in lot sizes and buffering to existing large rural lots.
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3. Key Issues of Discussion by Commission:
a. The provision of additional landscaping, retaining walls, rocks/boulders or some
kind of a buffer between Bott Ln. and the Marsh home to protect their house similar
to that designed for the Rasmussen’s;
b. Timeline for the house on the Fulcher property to be constructed (Jeff Fulcher
stated they intend to build their home as soon as the property is subdivided);
c. In favor of the proposed open space and site amenities;
d. The requirement of a street buffer on the Fulcher property for continuity;
e. Whether or not off-site curb, gutter and sidewalk improvements should be required
along Bott Ln. to Cloverdale Rd.;
f. If the proposed density (i.e. 3.1 units/acre) is appropriate for this development.
4. Commission Change(s) to Staff Recommendation:
a. Strike condition #1.3e which recommends a common lot is provided for a
landscaped street buffer along S. Trenton Ave. on the Fulcher property;
b. Include a condition requiring the Applicant to work with the Marsh’s to ensure
they have an appropriate buffer (landscaping and security protection) for their
home from traffic on Bott Ln. (see condition #1.1f);
c. Include a condition requiring off-site improvements (i.e. curb, gutter and sidewalk)
along one side of Bott Lane from the east property boundary to Cloverdale Rd. with
the third phase of development (see condition #1.1g).
5. Outstanding Issue(s) for City Council:
a. A 15-foot wide easement is proposed along the southern boundary of Lots 2-9, Block
4 and along the north boundary of Lot 9, Block 3. The UDC (11-3A-6D) requires
easements wider than 10 feet to be placed in a common lot that is a minimum of 20
feet wide and outside of a fenced area, unless modified by City Council. The
Applicant requests Council approval for the easement to be located on building lots
rather that in a common lot.
C. City Council:
The Meridian City Council heard these items on December 18, 2018. At the public hearing,
the Council approved the subject AZ and PP requests.
1. Summary of City Council Public Hearing:
a. In favor: Deborah Nelson, Givens Pursley; Shon Parks, T-O Engineers; Jeff Fulcher
b. In opposition: Susan Karnes, Southern Rim Coalition; Lisa Esson; Jennifer Marsh;
Jared Marsh
c. Commenting:; Michael Kingsley; Justin Lucas, ACHD; Earl Esson; Denise LaFever
d. Written testimony: Tim and Lisa Petsche; Jesus Tovar, Criterion Land
Management
e. Staff presenting application: Sonya Allen
f. Other staff commenting on application: None
2. Key issue(s) of Public Testimony:
a. Concern pertaining to transition of proposed lots/homes to existing
properties/homes and request for provision of berms, single-story homes, plantings,
etc. to assist in buffering;
b. Concern pertaining to cut-through traffic on Bott Ln. between Eagle and Cloverdale
Roads and provision of traffic calming;
c. Safety concerns pertaining to the current condition/width of Bott Ln. and the lack of
street lights and pedestrian walkways along Bott Ln.;
d. Concern pertaining to the irrigation drainage that goes underneath Bott Ln.;
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e. Concern pertaining to impact on adjacent properties from construction of the
development (i.e. trash, property damage, etc.) and co-existence of existing rural
residential/ag uses and urban residential;
f. The process for citizens to request improvements to roads by ACHD.
3. Key Issues of Discussion by Council:
a. The 15-foot wide irrigation easements within certain building lots and whether or
not they should be placed in common lots or left in easements within building lots as
requested by the Applicant;
b. The existing condition of Bott Ln. to the east of this site to Cloverdale Rd. and
whether or not off-site improvements should be required to the road with this
development;
c. Include in the CC&R’s and a disclosure with applicable properties that certain lots
have a 15-foot wide irrigation easement along their rear boundaries that prohibit
structures from encroaching within that area.
d. Feeling that it’s not appropriate to require to the developer to do off-site
improvements on Bott Ln.;
e. In favor of the proposed common area and site amenities.
4. Key Council Changes to Commission Recommendation
a. Strike condition #1.1g pertaining to the requirement for off-site improvements (i.e.
curb, gutter and sidewalk) along Bott Ln.;
b. Council approved the 15-foot wide irrigation easements along the southern
boundary of Lots 2-9, Block 4 and along the north boundary of Lot 9, Block 3 to
remain in building lots rather than be placed in common lots (strike condition
#1.2a);
c. Include a condition that requires the Applicant to work with ACHD to implement
some form of traffic calming on Bott Ln. east of the bridge to address the concerns
of neighbors (see condition #1.11).
d. Include a requirement for the entire perimeter of the development to be fenced with
a privacy fence as committed to by the Applicant at the Council hearing on
12/18/2018 (see condition #1.12).
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VII. EXHIBITS
A. Legal Description & Exhibit Maps for Annexation Boundary
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D. Preliminary Plat (dated: 9/17/18)
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E. Landscape Plan (dated: 9/12/18)
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F. Qualified Open Space Exhibit and Calculations
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G. Site Amenities
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H. Conceptual Building Elevations
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VIII. CITY/AGENCY COMMENTS & CONDITIONS
A. PLANNING DIVISION
1. Comments/Site Specific Conditions
1.1 A Development Agreement (DA) is required as a provision of annexation and zoning of these
properties. Prior to approval of the annexation ordinance, a DA shall be entered into between the
City of Meridian, the property owner(s) at the time of ordinance adoption, and the developer.
Currently, a fee of $303.00 shall be paid by the applicant to the Planning Division prior to
commencement of the DA. The DA shall be signed by the property owner and returned to the
Planning Division within six (6) months of the City Council granting the rezone. The DA shall, at
minimum, incorporate the following provisions:
a. Development shall substantially comply with the preliminary plat, phasing plan, landscape
plan, qualified open space exhibit and conceptual building elevations included in Section VII
and the associated conditions of approval in the staff report.
b. The existing home proposed to be retained on Lot 9, Block 9 shall hook up to City water and
sewer service within 60 days of it becoming available as set forth in MCC 9-1-4 and 9-4-8.
c. The existing garage on Lot 6, Block 7 is allowed to remain as an accessory structure to the
future home to be constructed on that lot and shall not be used as a residence.
d. The rear and/or sides of 2-story homes visible from the collector streets (i.e. Hillsdale Ave.
and Bott Ln.) shall incorporate articulation through changes in two or more of the following:
modulation (e.g. projections, recesses, step-backs, pop-outs), bays, banding, porches,
balconies, material types, or other integrated architectural elements to break up monotonous
wall planes and roof lines that are visible from the subject public street. Single-story
structures are exempt from this requirement.
e. The Nine Mile Creek shall remain open and be improved as a natural amenity as set forth in
UDC 11-3A-6.
f. The Applicant shall work with the Marsh’s (Parcel #S1128427880) to ensure an appropriate
buffer (rocks, landscaping and security protection) is provided for their home from traffic on
Bott Ln.
g. Off-site improvements (i.e. curb, gutter and sidewalk) shall be constructed along one side of
Bott Lane from the east property boundary to Cloverdale Rd. with the third phase of
development.
1.2 The preliminary plat, dated 9/17/18, shall be revised as follows:
a. The 15-foot wide easement along the southern boundary of Lots 2-9, Block 4 and along the
north boundary of Lot 9, Block 3 is required to be placed in a common lot that is a minimum
of 20 feet wide and outside of a fenced area, unless modified by City Council per UDC 11-
3A-6D. The Applicant requests Council approval for the easement to be located on building
lots rather that in a common lot. Council approved the easements to be located within
building lots.
b. Revise the two (2) turn-arounds on E. Davin St. to comply with Appendix D of the IFC.
c. Lot 1C, Block 10 should not be included as a common lot and should be shown as right-of-
way.
1.3 The landscape plan, dated 9/12/18, shall be revised as follows:
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a. Remove the landscaping in the middle of the cul-de-sac on S. Trenton Pl. unless otherwise
approved by the Fire Dept.
b. Depict landscaping along all pathways in accord with the standards listed in UDC 11-3B-
12C.
c. Stormwater swales are required to be vegetated and designed in accord with the standards
listed in UDC 11-3B-11C.
d. Remove the common area strip on the west side of Lot 1, Block 8.
e. Staff recommends a common lot for landscaping is provided on Lot 6, Block 7 along the
frontage of S. Trenton Ave. for continuity.
1.4 All ponds with a permanent water level are required to have recirculated water and be maintained
such that it doesn’t become a mosquito breeding ground.
1.5 All existing structures proposed to be removed shall be removed prior to signature on the final
plat by the City Engineer.
1.6 Install “No Parking – Fire Lane” signs on all 48’ radius cul-de-sacs per requirement of the Fire
Dept.
1.7 A 14-foot wide public pedestrian easement shall be submitted to the Planning Division for the
multi-use pathway along the Ten Mile Feeder Canal prior to signature on the final plat.
Coordinate the details of the easement with Kim Warren, Park’s Department (208-888-3579).
1.8 A perpetual ingress/egress easement for the common driveways is required to be filed with the
Ada County Recorder, which shall include a requirement for maintenance of a paved surface
capable of supporting fire vehicles and equipment. A copy of the easement should be submitted to
the Planning Division prior to signature on the final plat.
1.9 An exhibit shall be submitted with the final plat application for lots accessed by common
driveways that depict the setbacks, fencing, building envelope and orientation of the lots and
structures in accord with UDC 11 -6C-3D. Driveways for abutting properties that aren’t taking
access from the common driveway(s) should be depicted on the opposite side of the shared
property line away from the common driveway. Solid fencing adjacent to common driveways is
prohibited unless separated by a minimum 5-foot wide landscaped buffer.
1.10 A structural engineer shall review the existing bridge over the Ten Mile Feeder Canal to ensure
it’s capable of safely supporting a fire truck (80,000 lbs.) so that a secondary access is available
to the site for emergency purposes. Documentation should be submitted to the Planning Division
and Fire Department of the findings prior to issuance of the first Certificate of Occupancy for the
development. A letter was submitted by a structural engineer (Darren Truchot, PE, BHB
Structural on December 12, 2018) based on findings from a ground penetrating radar (GPR)
stating that the existing bridge on Bott Ln. will accommodate all single rear axle fire trucks,
except an aerial ladder truck that has a maximum rear axle load of 33,500; no double rear axle
fire trucks would be allowed.
1.11 The Applicant shall work with ACHD to implement some form of traffic calming on Bott
Ln. (east of the bridge) to address the concerns of neighbors.
1.12 A privacy fence is required to be installed around the perimeter boundary of the
subdivision as committed to by the Applicant at the Council hearing on 12/18/2018.
2. General Conditions of Approval
2.1 Comply with all bulk, use, and development standards of the R-4 zoning district listed in UDC
Table 11-2A-5.
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2.2 Comply with all provisions of 11-3A-3 with regard to access to streets.
2.3 Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set
forth in UDC 11-3A-6.
2.4 Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11 -3A-
15, UDC 11-3B-6 and MCC 9-1-28.
2.5 Comply with the sidewalk standards as set forth in UDC 11-3A-17.
2.6 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-3B-5J.
2.7 Construct the required landscape buffers consistent with the standards as set forth in UDC 11-3B-
7C.
2.8 Construct storm water integration facilities that meet the standards as set forth in UDC 11-3B-
11C.
2.9 Construct all parkways consistent with the standards as set forth in UDC 11-3A-17E, 11-3G-3B5
and 11-3B-7C.
2.10 Comply with all subdivision design and improvement standards as set forth in UDC 11-6C-3,
including but not limited to cul-de-sacs, alleys, driveways, common driveways, easements,
blocks, street buffers, and mailbox placement.
2.11 Protect any existing trees on the subject property that are greater than four-inch caliper and/or
mitigate for the loss of such trees as set forth in UDC 11-3B-10.
2.12 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle.
3. Ongoing Conditions of Approval
3.1 The applicant and/or assigns shall have the continuing obligation to provide irrigation that meets
the standards as set forth in UDC 11-3B-6 and to install and maintain all landscaping as set forth
in UDC 11-3B-5, UDC 11-3B-13 and UDC 11-3B-14.
3.2 All common open space and site amenities shall be maintained by an owner's association as set
forth in UDC 11-3G-3F1.
3.3 The project is subject to all current City of Meridian ordinances.
3.4 The applicant and/or property owner shall have an ongoing obligation to prune all trees to a
minimum height of six feet above the ground or sidewalk surface to afford greater visibility of the
area.
3.5 The applicant shall have an ongoing obligation to maintain all pathways.
3.6 The applicant has a continuing obligation to comply with the outdoor lighting provisions as set
forth in UDC 11-3A-11.
3.7 The applicant and/or property owner shall have an ongoing obligation to maintain all landscaping
and constructed features within the clear vision triangle consistent with the standards in UDC 11-
3A-3.
4. Process Conditions of Approval
4.1 No signs are approved with this application. Prior to installing any signs on the property, the
applicant shall submit a sign permit application consistent with the standards in UDC Chapter 3
Article D and receive approval for such signs.
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4.2 The applicant shall complete all improvements related to public life, safety, and health as set forth
in UDC 11-5C-3B. A surety agreement may be accepted for other improvements in accord with
UDC 11-5C-3C.
4.3 The final plat, and any phase thereof, shall substantially comply with the approved preliminary
plat as set forth in UDC 11-6B-3C2.
4.4 The applicant shall obtain approval for all successive phases of the preliminary plat within two
years of the signature of the City Engineer on the previous final plat as set forth in UDC 11 -6B-
7B (if applicable).
4.5 The preliminary plat approval shall be null and void if the applicant fails to either 1) obtain the
City Engineer signature on a final plat within two years; or, 2) gain approval of a time extension
as set forth in UDC 11-6B-7.
4.6 Upon installation of the landscaping and prior to inspection by Planning Division staff, the
applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A.
B. PUBLIC WORKS DEPARTMENT
1. Site Specific Conditions
1.1 A street light plan will need to be included in the final plat application. Street light plan
requirements are listed in section 6-7 of the City's Design Standards. A copy of the standards can
be found at http://www.meridiancity.org/public_works.aspx?id=272.
1.2 An off-site water main connection to the water main in E. Amity Rd must be made with phase 3
of the current phasing plan. Final plat for each phase must be modeled to ensure fire flow. If
water main in E Clayden Street cannot be built with phase 1, per current phasing plan, then the
water main in S Langdon Street and E Fratello Street must be upsized to 12-inch diameter.
2. General Conditions
2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works
Department, and execute standard forms of easements for any mains that are required to provide
service outside of a public right-of-way. Minimum cover over sewer mains is three feet, if cover
from top of pipe to sub-grade is less than three feet than alternate materials shall be used in
conformance of City of Meridian Public Works Departments Standard Specifications.
2.2 Per Meridian City Code (MCC), the applicant shall be responsible to install sewer and water
mains to and through this development. Applicant may be eligible for a reimbursement
agreement for infrastructure enhancement per MCC 8-6-5.
2.3 The applicant shall provide easement(s) for all public water/sewer mains outside of public right of
way (include all water services and hydrants). The easement widths shall be 20-feet wide for a
single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat, but
rather dedicated outside the plat process using the City of Meridian’s standard forms. The
easement shall be graphically depicted on the plat for reference purposes. Submit an executed
easement (on the form available from Public Works), a legal description prepared by an Idaho
Licensed Professional Land Surveyor, which must include the area of the easement (marked
EXHIBIT A) and an 81/2” x 11” map with bearings and distances (marked EXHIBIT B) for
review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO
NOT RECORD. Add a note to the plat referencing this document. All easements must be
submitted, reviewed, and approved prior to development plan approval.
2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round
source of water (MCC 12-13-8.3). The applicant should be required to use any existing surface or
well water for the primary source. If a surface or well source is not available, a single -point
Meridian City Council Meeting Agenda January 8, 2019 – Page 62 of 363
Page 43
connection to the culinary water system shall be required. If a single-point connection is utilized,
the developer will be responsible for the payment of assessments for the common areas prior to
prior to receiving development plan approval.
2.5 All existing structures that are required to be removed shall be prior to signature on the final plat
by the City Engineer. Any structures that are allowed to remain shall be subject to evaluation and
possible reassignment of street addressing to be in compliance with MCC.
2.6 All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting,
crossing or laying adjacent and contiguous to the area being subdivided shall be tiled per UDC
11-3A-6. In performing such work, the applicant shall comply with Idaho Code 42-1207 and any
other applicable law or regulation.
2.7 Any existing domestic well system within this project shall be removed from domestic service per
City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at
(208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic
purposes such as landscape irrigation if approved by Idaho Department of Water Resources
Contact Robert B. Whitney at (208)334-2190.
2.8 Any existing septic systems within this project shall be removed from service per City Ordinance
Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and
inspections (208)375-5211.
2.9 Street signs are to be in place, sanitary sewer and water system shall be approved and activated,
road base approved by the Ada County Highway District and the Final Plat for this subdivision
shall be recorded, prior to applying for building permits.
2.10 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted
fencing, landscaping, amenities, etc., prior to signature on the final plat.
2.11 All improvements related to public life, safety and health shall be completed prior to occupancy
of the structures. Where approved by the City Engineer, an owner may post a performance surety
for such improvements in order to obtain City Engineer signature on the final plat as set forth in
UDC 11-5C-3B.
2.12 Applicant shall be required to pay Public Works development plan review, and construction
inspection fees, as determined during the plan review process, prior to the issuance of a plan
approval letter.
2.13 It shall be the responsibility of the applicant to ensure that all development features comply with
the Americans with Disabilities Act and the Fair Housing Act.
2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting
that may be required by the Army Corps of Engineers.
2.15 Developer shall coordinate mailbox locations with the Meridian Post Office.
2.16 All grading of the site shall be performed in conformance with MCC 11-12-3H.
2.17 Compaction test results shall be submitted to the Meridian Building Department for all building
pads receiving engineered backfill, where footing would sit atop fill material.
2.18 The design engineer shall be required to certify that the street centerline elevations are set a
minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure
that the bottom elevation of the crawl spaces of homes is at least 1-foot above.
2.19 The applicants design engineer shall be responsible for inspection of all irrigation and/or
drainage facility within this project that do not fall under the jurisdiction of an irrigation district
or ACHD. The design engineer shall provide certification that the facilities have been installed in
Meridian City Council Meeting Agenda January 8, 2019 – Page 63 of 363
Page 44
accordance with the approved design plans. This certification will be required before a certificate
of occupancy is issued for any structures within the project.
2.20 At the completion of the project, the applicant shall be responsible to submit record drawings per
the City of Meridian AutoCAD standards. These record drawings must be received and approved
prior to the issuance of a certification of occupancy for any structures within the project.
2.21 A street light plan will need to be included in the civil construction plans. Street light plan
requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. A copy
of the standards can be found at http://www.meridiancity.org/public_works.aspx?id=272.
2.22 The City of Meridian requires that the owner post to the City a performance surety in the amount
of 125% of the total construction cost for all incomplete sewer, water and reuse infrastructure
prior to final plat signature. This surety will be verified by a line item cost estimate provided by
the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash
deposit or bond. Applicant must file an application for surety, which can be found on the
Community Development Department website. Please contact Land Development Service for
more information at 887-2211.
2.23 The City of Meridian requires that the owner post to the City a warranty surety in the amount of
20% of the total construction cost for all completed sewer, water and reuse infrastructure for
duration of two years. This surety will be verified by a line item cost estimate provided by the
owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash
deposit or bond. Applicant must file an application for surety, which can be found on the
Community Development Department website. Please contact Land Development Service for
more information at 887-2211.
C. FIRE DEPARTMENT
http://weblink.meridiancity.org/weblink8/0/doc/157207/Page1.aspx
D. PARK’S DEPARTMENT
No comments were received.
E. DEPARTMENT OF ENVIRONMENTAL QUALITY (DEQ):
http://weblink.meridiancity.org/weblink8/0/doc/156947/Page1.aspx
F. COMMUNITY PLANNING ASSOCIATION OF SOUTHWEST IDAHO (COMPASS)
http://weblink.meridiancity.org/weblink8/0/doc/157017/Page1.aspx
G. WEST ADA SCHOOL DISTRICT (WASD)
http://weblink.meridiancity.org/weblink8/0/doc/157972/Page1.aspx
H. CENTRAL DISTRICT HEALTH DEPARTMENT (CDHD)
http://weblink.meridiancity.org/weblink8/0/doc/157028/Page1.aspx
I. BOISE PROJECT BOARD OF CONTROL
http://weblink.meridiancity.org/weblink8/0/doc/156890/Page1.aspx
J. IDAHO TRANSPORTATION DEPARTMENT (ITD)
http://weblink.meridiancity.org/weblink8/0/doc/157781/Page1.aspx
Meridian City Council Meeting Agenda January 8, 2019 – Page 64 of 363
Page 45
K. NAMPA MERIDIAN IRRIGATION DISTRICT (NMID)
http://weblink.meridiancity.org/weblink8/0/doc/157048/Page1.aspx
L. NEW YORK IRRIGATION DISTRICT
http://weblink.meridiancity.org/weblink8/0/doc/156399/Page1.aspx
M. ADA COUNTY HIGHWAY DISTRICT (ACHD)
http://weblink.meridiancity.org/WebLink8/DocView.aspx?id=158096&dbid=0
Meridian City Council Meeting Agenda January 8, 2019 – Page 65 of 363
Page 46
IX. FINDINGS
A. Annexation Findings:
Upon recommendation from the Commission, the Council shall make a full investigation
and shall, at the public hearing, review the application. In order to grant an annexation, the
Council shall make the following findings:
1. The map amendment complies with the applicable provisions of the Comprehensive
Plan;
The Applicant is proposing to annex the subject 35.1 acres of land with R -4 and R-8 zoning
districts and to develop 101 new single-family residential homes. The City Council finds that
the proposed map amendment complies with the provisions of the Comprehensive Plan, is
consistent with Medium Density Residential and should be compatible with adjacent
residential uses (see section VII above for more information).
2. The map amendment complies with the regulations outlined for the proposed district,
specifically the purpose statement;
The City Council finds that the proposed map amendment to the R-4 and R-8 zoning districts
is consistent with the purpose statement for the residential districts as detailed in Section VIII
above.
3. The map amendment shall not be materially detrimental to the public health, safety,
and welfare;
The City Council finds that the proposed zoning map amendment will not be detrimental to
the public health, safety, or welfare. City utilities will be extended at the expense of the
applicant.
4. The map amendment shall not result in an adverse impact upon the delivery of services
by any political subdivision providing public services within the City including, but not
limited to, school districts; and,
The City Council finds that the proposed zoning amendment will not result in the adverse
impact upon the delivery of services by any political subdivision providing public services
within the City.
5. The annexation is in the best of interest of the City (UDC 11-5B-3.E).
The City Council finds that the annexation of the site is in the best interest of the City.
B. Preliminary Plat Findings:
In consideration of a preliminary plat, combined preliminary and final plat, or short plat,
the decision-making body shall make the following findings:
1. The plat is in conformance with the Comprehensive Plan;
The City Council finds that the proposed plat is in substantial compliance with the adopted
Comprehensive Plan in regard to land use, transportation, and circulation. Please see
Comprehensive Plan Policies and Goals, Section VII, of the Staff Report for more
information.
2. Public services are available or can be made available and are adequate to
accommodate the proposed development;
Meridian City Council Meeting Agenda January 8, 2019 – Page 66 of 363
Page 47
The City Council finds that public services will be provided to the subject property upon
development. (See Exhibit B of the Staff Report for more details from public service
providers.)
3. The plat is in conformance with scheduled public improvements in accord with the
City’s capital improvement program;
Because City water and sewer and any other utilities will be provided by the development at
their own cost, the City Council finds that the subdivision will not require the expenditure of
capital improvement funds.
4. There is public financial capability of supporting services for the proposed
development;
Based on comments received from the public service providers (i.e., Police, Fire, ACHD,
etc.), City Council finds there is public financial capability of supporting services for the
proposed development. (See Exhibit B for more detail.)
5. The development will not be detrimental to the public health, safety or general welfare;
and
The City Council finds the proposed development will not be detrimental to the public health,
safety or general welfare.
Meridian City Council Meeting Agenda January 8, 2019 – Page 67 of 363
City Council Workshop Meeting Agenda
January 8, 2019
Agenda Item Number: 4 C
Project File Number: H-2018-0105
Item Title: Development Agreement for Alturas (H-2018-0105)
With Alturas 1550 Tech, LLC (Owner/Developer) Located at the
North side of W. Overland Rd., midway between S. Linder Rd.
and S. Meridian Rd.
Meeting Notes:
u AP��OuF�
I TEM SHEET
C ouncil Agenda I tem - 4.C.
Presenter: S onya Allen
Estimated Time f or P resentation: 2-3 minutes
Title of I tem - D evelopment Agreement for Alturas (H-2018-0105) with Alturas 1550 Tech, L L C
(O WNE R/D E V E L O P E R) located at the North side of W. Overland Rd., midway between S .
L inder Rd. & S . M eridian Rd., in the S W 1/4 of Section 12, T.3N., R.1W
AT TAC HM E NT S:
Description Type Upload D ate
S igned D A-Alturas (H-2108-0105)A greements / C ontracts 1/3/2019
E xhibit A-Alturas-H-2018-0105 E xhibit 1/3/2019
E xhibit B -A lturas-H-2018-0105 E xhibit 1/3/2019
Meridian City Council Meeting Agenda January 8, 2019 – Page 68 of 363
ADA COUNTY RECORDER Christopher D. Rich 2019-001825
BOISE IDAHO Pgs=23 LISA BATT 01/09/2019 08:35 AM
CITY OF MERIDIAN, IDAHO NO FEE
PARTIES: 1, City of Meridian
2, Alturas 1550 Tech, LLC, Owner/Developer
THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this A -V"
day of llWn OHIO", by and between City of Meridian, a municipal corporation of the
State of Idaho, here%Nc'alled CITY whose address is 33 E. Broadway Avenue, Meridian, Idaho 83642
and Alturas 1550 Tech, LLC, whose address is 436 East Shore Drive, Suite 210, Eagle, ID 83616,
hereinafter called OWNER/DEVELOPER.
1. RECITALS:
1.1 WHEREAS, Owner is the sole owner, in law and/or equity, of certain tract of
land in the County of Ada, State of Idaho, described in Exhibit "A", which is
attached hereto and by this reference incorporated herein as if set forth in full,
herein after referred to as the Property; and
1.2 WHEREAS, Idaho Code § 67-6511A provides that cities may, by ordinance,
require or permit as a condition of zoning that the Owner/Developer make a
written commitment concerning the use or development of the subject Property;
and
1.3 WHEREAS, City has exercised its statutory authority by the enactment of
Section 11 -SB -3 of the Unified Development Code ("UDC"), which authorizes
development agreements upon the annexation and/or re -zoning of land; and
1.4 WHEREAS, Owner/Developer has submitted an application for re -zoning of
7.24 acres of land from I -L (Industrial) zoning district to the C -G (General Retail
and Service Commercial) zoning district, under the Unified Development Code,
which generally describes how the Property will be developed and what
improvements will be made; and
1.5 WHEREAS, Owner/Developer made representations at the public hearings both
before the Meridian Planning & Zoning Commission and before the Meridian
City Council, as to how the Property will be developed and what improvements
will be made; and
1.6 WHEREAS, the record of the proceedings for the requested annexation and
preliminary plat on the Property held before the Planning & Zoning Commission,
and subsequently before the City Council, includes responses of government
DEVELOPMENT AGREEMENT— ALTURAS (H-2018-0105), PAGE 1 OF 7
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ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement and made it
effective as hereinabove provided,
OWNER/DEVELOPER:
Alturas 1550 S. Tech Lane, LLC,
an Idaho limited liability company
By: Alturas Capital Partners LLC,
a Delaware limited liability company
Its: Manager
Travis BaChief Credit Officer
CITY OF
Mayor Tai�S/de Weerd
STATE OF IDAHO
ss:
County of Ada, )
A UG�`S'T
v
Cary—
E IDIAN+�— r
IDAHO Coles,
SEAL
Clerk
On this I-- day ofv , 201, before me, the undersigned, a Notary Public in and for said State,
personally appeared Travis Barney, kno n or identified to me to be the Chief Credit Officer of Alturas Capital Partners,
LLC, and acknowledged to me that he executed the same on behalf of Alturas 1550 S. Tech Lane, LLC.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this
certificate first above written. +��`�u.u�.�•�
(SEAL) ++`` WN /�r'•• •
+++� o �•.��{ ••,• of y Public for Idaho , /
a cs` K 204% N Residing at::%tom E j�cr/� l�_c (,�• ►.t Akq Zh
. t.IOTAiq y• x - My Commission Expires: <1WJ?7
r i •IU i +r : �
STATE OF IDAHO ) S ;t U13 L1G;S
•ir �. +•
SS ••• .OGN pqt 1`b�i� may. ow`
County of Ada ) •�i•-�j,, 'oil
'�h�Q►'4+'+++
On this day of Jbefore me, a Notary Public, personally appeared Tammy
de Weerd and C.Jay Coles, know or identified t m to be the Mayor and Clerk, respectively, of the City of Meridian, who
executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such
City executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seat the day and year in this
certificate first above written.
(S) Notary CHARLENE WAY Residing at: fqr; [ h a l w ^
COMMISSION 067390 Commission expires:
DE LOPMENTSATE O IDAHO
RAS (H- 18-0105) PAGE 7 OF 7
MY COMMISSION EXPIRES 3/28122
EXHIBIT A
Page 1
Legal Description & Exhibit Map
Meridian City Council Meeting Agenda January 8, 2019 – Page 76 of 363
Alturas 1550 Tech Lane
Page 2
Meridian City Council Meeting Agenda January 8, 2019 – Page 77 of 363
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). H-2018-0105 - 1 -
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND DECISION & ORDER
In the Matter of the Request for Rezone of 7.24 Acres of Land from the I-L to the C-G Zoning
District, by Travis Barney, Alturas.
Case No(s). H-2018-0105
For the City Council Hearing Date of: December 4, 2018 (Findings on December 18, 2018)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of December 4, 2018, incorporated
by reference)
2. Process Facts (see attached Staff Report for the hearing date of December 4, 2018, incorporated
by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of December 4,
2018, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of December 4, 2018, incorporated by reference)
B. Conclusions of Law
1. The City of Meridian shall exercise the powers conferred upon it by the “Local Land Use
Planning Act of 1975,” codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503).
2. The Meridian City Council takes judicial notice of its Unified Development Code codified at
Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by
ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of
Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A.
4. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
5. It is found public facilities and services required by the proposed development will not impose
expense upon the public if the attached conditions of approval are imposed.
6. That the City has granted an order of approval in accordance with this Decision, which shall be
signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the
Community Development Department, the Public Works Department and any affected party
requesting notice.
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of December 4, 2018, incorporated by reference. The conditions are concluded to be
Meridian City Council Meeting Agenda December 18, 2018 – Page 101 of 702
EXHIBIT B
Meridian City Council Meeting Agenda January 8, 2019 – Page 78 of 363
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). H-2018-0105 - 2 -
reasonable and the applicant shall meet such requirements as a condition of approval of the
application.
C. Decision and Order
Pursuant to the City Council’s authority as provided in Meridian City Code § 11-5A and based upon
the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that:
1. The applicant’s request for rezone is hereby approved per the provisions in the Staff Report for
the hearing date of December 4, 2018, attached as Exhibit A, with the requirement of a
development agreement.
D. Notice of Applicable Time Limits
Notice of Development Agreement Duration
The city and/or an applicant may request a development agreement or a modification to a
development agreement consistent with Idaho Code section 67-6511A. The development
agreement may be initiated by the city or applicant as part of a request for annexation and/or
rezone at any time prior to the adoption of findings for such request.
A development agreement may be modified by the city or an affected party of the development
agreement. Decision on the development agreement modification is made by the city council in
accord with this chapter. When approved, said development agreement shall be signed by the
property owner(s) and returned to the city within six (6) months of the city council granting the
modification.
A modification to the development agreement may be initiated prior to signature of the
agreement by all parties and/or may be requested to extend the time allowed for the agreement
to be signed and returned to the city if filed prior to the end of the six (6) month approval
period.
E. Notice of Final Action and Right to Regulatory Takings Analysis
1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development
application entitles the Owner to request a regulatory taking analysis. Such request must be in
writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the
final decision concerning the matter at issue. A request for a regulatory takings analysis will
toll the time period within which a Petition for Judicial Review may be filed.
2. Please take notice that this is a final action of the governing body of the City of Meridian.
When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person
who has an interest in real property which may be adversely affected by the final action of the
governing board may within twenty-eight (28) days after the date of this decision and order
seek a judicial review as provided by Chapter 52, Title 67, Idaho Code.
F. Attached: Staff Report for the hearing date of December 4, 2018
Meridian City Council Meeting Agenda December 18, 2018 – Page 102 of 702Meridian City Council Meeting Agenda January 8, 2019 – Page 79 of 363
Air
By action of the City Council at its regular meeting held on the 8 day of Cel bei
2018.
COUNCIL PRESIDENT JOE BORTON VOTED \e4
COUNCIL VICE PRESIDENT LUKE CAVENER VOTED
COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED
COUNCIL MEMBER TY PALMER VOTED
COUNCIL MEMBER TREG BERNT VOTED
COUNCIL MEMBER GENESIS MILAM VOTED
MAYOR TAMMY de WEERD VOTED
TIE BREAKER)
Attest:
C ay Coles
Civ Clerk
Mayor Tammy r-eerd
nA?ED AUS
GO v
cily or w
E IDIAN,
IDAHO
SEAL /
Copy served upon Applicant, Community Development Department, Public Works Department and City
Attorney.
By: Dated: I `Z
City Clerk's Office
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). H-2018-0105 N I+LkrrA5 - 3 -
Meridian City Council Meeting Agenda January 8, 2019 – Page 80 of 363
EXHIBIT A
Page 1
STAFF REPORT
COMMUNITY DEVELOPMENT DEPARTMENT
DATE: December 4, 2018
TO: Mayor & City Council
FROM: Sonya Allen, Associate City Planner
208-489-0578
SUBJECT: H-2018-0105
Alturas
PROPERTY LOCATION:777
1550 S. Tech Lane
North side of W. Overland Rd., midway
between S. Linder Rd. & S. Meridian
Rd., in the SW ¼ of Section 13, T.3N.,
R.1W.
I. PROJECT DESCRIPTION
Rezone of 7.24 acres of land from the I-L to the C-G zoning district.
II. SUMMARY OF REPORT
A. Project Summary
Details Page
Acreage 7.24
Future Land Use Designation Commercial
Existing Land Use Retail, office, church
Proposed Land Use(s) Same
Current Zoning I-L
Proposed Zoning C-G
Physical Features (waterways,
hazards, flood plain, hillside)
Kennedy Lateral runs across frontage of site
History (previous approvals) CZC-00-012 (Western Electronics); CUP-01-009 (Treasure
Valley Technical Center); A-2018-0089 (Consign)
B. Community Metrics
Details Page
ACHD report (yes/no)
Requires ACHD
Commission Action
yes/no)
No
No
Access (Arterial/Collectors/State One (1) existing access via W. Overland Rd., arterial; and one 3
Meridian City Council Meeting Agenda December 18, 2018 – Page 104 of 702Meridian City Council Meeting Agenda January 8, 2019 – Page 81 of 363
Page 2
Details Page
Hwy/Local)(Existing and Proposed) (1) existing access via S. Tech Ln., local private
Stub Street/Interconnectivity/Cross
Access
Existing shared driveway access via W. Overland Rd. with the
adjoining property to the east; no cross-access/ingress-egress
easement exists.
3
Existing Arterial Sidewalks /
Buffers
Existing sidewalk along W. Overland Rd. & 55’ wide buffer;
existing 30’ wide buffer along S. Tech Ln. – sidewalk exists
to the north but not south of driveway
Proposed Road Improvements None
C. Project Area Maps
Future Land Use Map Aerial Map
Zoning Map Planned Development
Meridian City Council Meeting Agenda December 18, 2018 – Page 105 of 702Meridian City Council Meeting Agenda January 8, 2019 – Page 82 of 363
Page 3
III. APPLICANT INFORMATION
A. Applicant: Travis Barney, Alturas 1550 Tech Lane, LLC – 435 E. Shore Dr., Ste. 210, Eagle, ID
83616
B. Owner: Alturas 1550 Tech Lane, LLC - 435 E. Shore Dr., Ste. 210, Eagle, ID 83616
C. Representative: Hethe Clark, Spink Butler, LLP – 251 E. Front St./PO Box 639, Boise, ID 83701
IV. NOTICING
A. Newspaper notification published on: September 28, 2018 (Commission); November 16, 2018
City Council)
B. Radius notice mailed to properties within 300 feet on: September 21, 2018 (Commission);
November 13, 2018 (City Council)
C. Applicant posted notice on site on: October 6, 2018 (Commission); November 13, 2018 (City
Council)
D. Next door posting: September 25, 2018 (Commission); November 13, 2018 (City Council)
E. Neighborhood meeting date and number of attendees: August 28, 2018; 2 attendees
V. STAFF ANALYSIS
The Applicant requests approval of a rezone of 7.24 acres of land from the I-L to the C-G zoning
district consistent with the Commercial FLUM designation for this property. The existing and
continued use of the property for retail, office and church uses is listed as a principally permitted use
in the proposed C-G district per UDC Table 11-2B-2, Allowed Uses in the Commercial Districts. No
new development or redevelopment of the site is proposed at this time.
This property is subject to the terms of the Planned Development (PD) (CUP-01-009) approved in
2001 for Treasure Valley Technical Center; the PD included a larger 33+/- acre property of which this
property is a part. The PD allowed professional and sales offices, a daycare center, and community
and neighborhood shopping center (i.e. retail) with approval of a conditional use permit, along with
any allowed uses in the I-L zoning district; a conceptual development plan was included in the PD as
shown in Exhibit C. The Applicant requests the terms of the PD to no longer apply to this property as
a provision of the subject rezone application. At the direction of the City Attorney, Staff has included
a provision in the Development Agreement for the terms of the PD to no longer apply as requested,
rather than modifying the PD. (The entire PD approval can be viewed at:
http://weblink.meridiancity.org/WebLink8/DocView.aspx?id=45240&dbid=0 )
City services (i.e. sewer & water service, police & fire protection) are currently provided to this
property. Due to the limited sanitary sewer capacity available to this property, all new proposed
tenants should first obtain approval from the Public Work’s Department prior to leasing and
occupying space within the building in accord with Comprehensive Plan goal #6.02.00, “Ensure
that adequate public services are provided for existing and future residents and businesses.”
There is an existing full access for this site via S. Tech Lane, a private local street; and an existing full
access via W. Overland Rd., an arterial street, shared with the property to the east (#S1213438401,
Intermountain Pet Hospital). The ingress access to this site via Overland is located on the adjacent
property to the east, while their egress is located on this property; this is the sole access for the
property to the east. Although the shared access physically exists and is being used by both parties,
there is no ingress/egress easement currently in place. Note: There is a an existing cross-access
easement (#2018-039112, #2018-039159) recorded between this property and the adjacent property
to the east (#S1213438401); however, it’s conditioned upon the adjacent property granting a
Meridian City Council Meeting Agenda December 18, 2018 – Page 106 of 702Meridian City Council Meeting Agenda January 8, 2019 – Page 83 of 363
Page 4
reciprocal cross-access easement to the subject property (which hasn’t been done) and does not
include the east/west cross-access driveway further to the north that is depicted on the site plan
submitted with the Certificate of Zoning Compliance for the parking lot reconfiguration.
The current configuration of the access via Overland Rd. and parking lot design on both properties is
not a safe design and creates traffic conflicts and unsafe conditions. The two property owners are
currently working together on a redesign of the entrance to their properties and parking lots that will
create a more safe access via Overland Rd. and circulation between both properties with a new cross-
access driveway further to the north between the two properties. As part of the Certificate of Zoning
Compliance approval for that project (#A-2018-0296, Intermountain Pet Hospital Parking Lot
Expansion), the property owner was required to record a reciprocal cross-access/ingress-egress
easement with the subject property owner.
The UDC (11-3A-3) requires access to be taken from a local street when available and restricts access
to collector and arterial streets; this standard applies when there is a new, expanded, or extended use
or development of the property such as this where the zoning/use is changing from industrial to a
more intense commercial zoning/use. Because this site has access via a local street (i.e. S. Tech Ln.),
access would typically be restricted to that access and access via the arterial street (i.e. Overland Rd.)
would be terminated, unless otherwise waived by City Council.
Because there is no legal means of ingress to this property or egress for the adjoining property
via Overland Rd., if the Applicant wishes to retain the access via Overland, staff recommends a
reciprocal cross-access/ingress-egress easement is recorded with the adjacent property to the
east prior to rezone ordinance approval as a provision of the proposed rezone in accord with
UDC 11-3A-3, which requires cross-access easements to be granted to adjacent properties when
access via a local street isn’t available; and Comprehensive Plan action item #3.06.02D,
Restrict private curb cuts and access points on collectors and arterial streets.”.
In industrial districts, a minimum of one off-street parking space is required for every 2,000 square
feet of gross floor area compared to one space for every 500 square feet in commercial districts, per
UDC 11-3C-6B. A total of 222 off-street parking spaces currently exist on this site; however, the
eastern portion of the parking lot is proposed to be reconfigured through a separate Certificate of
Zoning Compliance application that is currently in process which will result in a reduction in parking
to 215 spaces. Based on the square footage of the building (i.e. 106,000 square feet), a minimum of
212 spaces are required. The existing and proposed parking complies with the minimum UDC
standards although Staff is concerned there will be adequate parking for the use(s); the
Applicant should be mindful of the type of potential tenants and their parking needs to ensure
adequate parking continues to be provided.
Street buffers, landscaping and sidewalks exist on this site along W. Overland Rd. and S. Tech Ln. in
accord with UDC Table 11-2B-3 and 11-3A-17, and Comprehensive Plan action item #3.06.02F,
which requires appropriate landscaping and buffers along transportation corridors.
There are two (2) existing loading docks/areas, one on the west and one on the east end of the
building, facing W. Overland Rd. that the applicant wishes to continue using. Current design
standards do not allow loading docks/areas to face an arterial street (i.e. Overland Rd.). However,
because the loading docks/areas were lawfully constructed at the time, they are considered a
nonconforming use and are allowed to remain and be used subject to the standards listed in UDC 11-
1B-4, Nonconforming Use.
The City may require a Development Agreement (DA) in conjunction with a rezone pursuant to Idaho
Code section 67-6511A. In order to ensure compliance with Staff’s recommendation associated with
this application, staff recommends a DA is required with the provisions included in Exhibit VIII.
Meridian City Council Meeting Agenda December 18, 2018 – Page 107 of 702Meridian City Council Meeting Agenda January 8, 2019 – Page 84 of 363
Page 5
VI. DECISION
A. Staff:
Staff recommends approval of the proposed rezone application with the requirement of a
Development Agreement in accord with the Findings in Section IX per the provisions in Section
VIII.
B. Commission Recommendation to Council
The Meridian Planning & Zoning Commission heard this item on October 18, and
November 1, 2018. At the public hearing, the Commission moved to recommend approval
of the subject RZ request.
a. Summary of Commission Public Hearing:
i. In favor: Hethe Clark, Spink Butler (Applicant’s Representative)
ii. In opposition: None
iii. Commenting: None
iv. Written testimony: None
v. Staff presenting application: Sonya Allen
vi. Other staff commenting on application: None
b. Key issue(s) of Public Testimony:
i. None
c. Key Issues of Discussion by Commission:
i. In favor of the reconfiguration of the access for the site and the adjacent site to the
east;
ii. The loss of industrial zoned property.
d. Commission Change(s) to Staff Recommendation:
i. None
e. Outstanding Issue(s) for City Council:
i. None
The Meridian City Council heard this item on December 4, 2018. At the public hearing, the
Council approved the subject RZ request.
a. Summary of City Council Public Hearing:
i. In favor: Jeff Likes, Applicant’s Representative
ii. In opposition: None
iii. Commenting: None
iv. Written testimony: Hethe Clark, Spink Butler (Applicant’s Representative) (in
agreement with staff report)
v. Staff presenting application: Sonya Allen
vi. Other staff commenting on application: None
b. Key issue(s) of Public Testimony:
i. None
c. Key Issues of Discussion by Council:
i. Concern pertaining to limited sanitary sewer capacity and the need for approval
from the Public Work’s Dept. for new users.
d. Key Council Changes to Commission Recommendation
i. None
Meridian City Council Meeting Agenda December 18, 2018 – Page 108 of 702Meridian City Council Meeting Agenda January 8, 2019 – Page 85 of 363
Page 6
VII. EXHIBITS
A. Legal Description & Exhibit Map
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Page 7
Meridian City Council Meeting Agenda December 18, 2018 – Page 110 of 702Meridian City Council Meeting Agenda January 8, 2019 – Page 87 of 363
Page 8
B. ALTA-NSPS Land Title Survey
Meridian City Council Meeting Agenda December 18, 2018 – Page 111 of 702Meridian City Council Meeting Agenda January 8, 2019 – Page 88 of 363
Page 9
Exhibit C: Conceptual Development Plan Approved with Planned Development (CUP-01-
009)
Meridian City Council Meeting Agenda December 18, 2018 – Page 112 of 702Meridian City Council Meeting Agenda January 8, 2019 – Page 89 of 363
Page 10
VIII. CITY/AGENCY COMMENTS & CONDITIONS
1. PLANNING DIVISION
A Development Agreement (DA) is required as a provision of rezone of this property.
Prior to approval of the rezone ordinance, a DA shall be entered into between the City
of Meridian, the property owner(s) at the time of rezone ordinance adoption, and the
developer.
Currently, a fee of $303.00 shall be paid by the applicant to the Planning Division prior
to commencement of the DA. The DA shall be signed by the property owner and
returned to the Planning Division within six (6) months of the City Council granting
the rezone. The DA shall, at minimum, incorporate the following provisions:
a. Due to the limited sanitary sewer capacity available to this property, all new
proposed tenants shall first obtain approval from the Public Work’s Department
prior to leasing and occupying space within the building.
b. The subject property is no longer subject to the conditions of the previously
approved Planned Development for this site (CUP-01-009, Treasure Valley
Technical Center).
c. The loading docks/areas on the east and west ends of the structure are considered a
nonconforming use; as such, they’re allowed to remain and be used subject to the
standards listed in UDC 11-1B-4, Nonconforming Use.
d. A reciprocal cross-access/ingress-egress easement shall be recorded with the
adjacent property to the east (#S1213438401, Intermountain Pet Hospital)
prior to rezone ordinance approval for shared access of the existing driveway
via W. Overland Rd. in accord with UDC 11-3A-3A.2. This provision has been
satisfied.
2. DEPARTMENT OF ENVIRONMENTAL QUALITY (DEQ)
http://weblink.meridiancity.org/WebLink8/DocView.aspx?id=155933&dbid=0
3. IDAHO TRANSPORTATION DEPARTMENT (ITD)
http://weblink.meridiancity.org/weblink8/0/doc/156213/Page1.aspx
4. NAMPA & MERIDIAN IRRIGATION DISTRICT
NMID will not require a Land Use Change Application be filed for review nor have
any further comments on this application – per Greg Curtis’ email on October 15, 2018
Meridian City Council Meeting Agenda December 18, 2018 – Page 113 of 702Meridian City Council Meeting Agenda January 8, 2019 – Page 90 of 363
Page 11
IX. FINDINGS
1. REZONE (UDC 11-5B-3E)
Upon recommendation from the Commission, the Council shall make a full
investigation and shall, at the public hearing, review the application. In order to
grant a rezone, the Council shall make the following findings:
a. The map amendment complies with the applicable provisions of the
Comprehensive Plan;
The City Council finds that the proposed map amendment to the C-G zoning
district is consistent with the existing use and Comprehensive Plan FLUM
designation of Commercial for this site. (See section V above for more
information.)
b. The map amendment complies with the regulations outlined for the proposed
district, specifically the purpose statement;
The City Council finds that the proposed map amendment to the C-G zoning
district is consistent with the purpose statement of the commercial district per UDC
11-2B-1.
c. The map amendment shall not be materially detrimental to the public health,
safety, and welfare;
The City Council finds that the proposed zoning amendment should not be
detrimental to the public health, safety, or welfare.
d. The map amendment shall not result in an adverse impact upon the delivery of
services by any political subdivision providing public services within the City
including, but not limited to, school districts; and,
The City Council finds that the proposed zoning amendment will not result in any
adverse impact upon the delivery of services by any political subdivision providing
services to this site.
e. The annexation is in the best of interest of the City (UDC 11-5B-3.E).
This finding is not applicable as the request is for a rezone, not annexation.
Meridian City Council Meeting Agenda December 18, 2018 – Page 114 of 702Meridian City Council Meeting Agenda January 8, 2019 – Page 91 of 363
City Council Workshop Meeting Agenda
January 8, 2019
Agenda Item Number: 4 D
Project File Number:
Item Title: Acceptance Agreements for Display of Artworl< in
Initial Point Gallery
1. John Killmaster, March 2019
2. Ruthanne Oliver, April 2019
3. Laura Yager, April 2019
4. West Ada School District, May 2019
5. Mary Gardiner, June 2019
6. Gary McCall, June 2019
7. Mark William Watkins, July 2019
8. Nadene Kranz, August 2019
Meeting Notes:
FT
I TEM SHEET
C ouncil Agenda I tem - 4.D.
Presenter: Hillary Blackstone
Estimated Time f or P resentation: 0
Title of I tem - Acceptance Agr eements for D isplay of Artwork in Initial P oint Gallery
T he Meridian A rts Commission has selected artists to exhibit in the gallery f or 2019. T hese are eight
of about twenty-f ive agreements f or I P G exhibitions this year.
AT TAC HM E NT S:
Description Type Upload D ate
I P G K illmaster A greements / C ontracts 1/3/2019
I P G Oliver A greements / C ontracts 1/3/2019
I P G Yager A greements / C ontracts 1/3/2019
I P G West Ada A greements / C ontracts 1/3/2019
I P G Gardiner A greements / C ontracts 1/3/2019
I P G Mc Call A greements / C ontracts 1/3/2019
I P G Watkins A greements / C ontracts 1/3/2019
I P G K ranz A greements / C ontracts 1/3/2019
Meridian City Council Meeting Agenda January 8, 2019 – Page 92 of 363
ACCEPTANCE AGREEMENT:
DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL
This ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT
GALLERY, MERIDIAN CITY HALL ("Agreement") is made on the a`l`e day of ,
2019 ("Effective Date"), by and between the City of Meridian, a municipal corporation
organized under the laws of the State of Idaho ("City"), and John Killmaster, an individual
person ("Artist"). (City and Artist may hereinafter be collectively referred to as "Parties.")
WHEREAS, the City desires that public art will be a component of Meridian City Hall
by the display of artwork in Initial Point Gallery, an art gallery on the third floor of Meridian
City Hall, the address of which is 33 E. Broadway Ave., Meridian, Idaho ("Initial Point
Gallery");
WHEREAS, the Meridian Arts Commission ("Conunission") recommends to the
Meridian City Council that Artist's artwork be displayed in Initial Point Gallery;
WHEREAS, the Meridian City Council accepts such recommendation and directs the
Commission to work with Artist to establish a display of Artist's artwork in Initial Point Gallery;
and
WHEREAS, the Parties acknowledge that Meridian City Hall is primarily a place of
public business, that Initial Point Gallery is a public place, and that while the City seeks to
encourage artistic expression and public dialogue, the City must simultaneously ensure that
Meridian City Hall is a place where citizens, employees, and visitors of diverse ages and
perspectives feel welcome and comfortable;
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency
of which is hereby acknowledged and agreed, and in consideration of the mutual promises and
covenants herein contained, the Parties agree as follows:
I. SCOPE OF SERVICES.
Artist shall personally deliver artwork to Initial Point Gallery, on 3/1/2019, at such time as is
specified by the Gallery Curator. Artist shall be responsible for hanging such artwork on
3/1/2019, at the direction of the Gallery Curator; shall allow the display of such work in Initial
Point Gallery from 3/1/2019 through 3/28/2019, in accordance with the terms of this Agreement;
and shall be responsible for removal of such artwork on 3/29/2019, at such time as is specified
by the Gallery Curator.
II. COMPENSATION AND SALE OF ARTWORK.
A. No compensation. 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.
B. Sale of artwork. Artist may, at the direction of and in the manner established by the
Gallery Curator, passively offer the artwork on display in Initial Point Gallery for sale.
ACCEPTANCE AGREEMENT- INITIAL.PoiNT GALLERY DISPLAY PAGE 1
ACCEPTANCE AGREEMENT – INITIAL POINT GALLERY DISPLAY PAGE 2
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. TIME OF PERFORMANCE .
Artist shall provide services described in this Agreement in a timely manner, as described
herein. Artist acknowledges and agrees that time is strictly of the essence with respect to this
Agreement, and that the failure to timely perform any of the obligations hereunder shall
constitute a default of this Agreement.
IV. INSTALLATION .
A. Coordination with Curator. Prior to the installation, removal, replacement, and/or
substitution of the display in Initial Point Gallery or any portion or component thereof,
Artist shall coordinate any and all such activity with the Gallery Curator. Artist shall be
responsible for contacting the Gallery Curator at least thirty (30) days prior prior to the
date of delivery of artwork to Initial Point Gallery to confirm details regarding the
installation, removal, publicity, and promotion of the exhibit . Artist’s failure to
affirmatively contact the Gallery Curator as required by this paragraph shall constitute a
default of this Agreement.
B. Inspection of display. Prior to or after installation, the Gallery Curator and/or the City
may inspect and/or review the artwork proposed by Artist for display in Initial Point
Gallery to ensure compliance with all criteria set forth in the most recent Call to Artists
issued for Initial Point Gallery, and the Application and Acknowledgements Form
completed by Artist, as well as to ensure that such artwork may be safely and
appropriately displayed in Initial Point Gallery. If the Gallery Curator or the City
concludes that the display or any portion or component thereof does not meet the criteria
set forth in these enumerated documents, does not reflect artwork as described to the
Commission or the Gallery Curator, 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.
V. DISPLAY .
A. Original artwork. Artist warrants that any and all artwork provided by Artist for display
in Initial Point Gallery shall be, and is, original work conceived and created by Artist.
Meridian City Council Meeting Agenda January 8, 2019 – Page 94 of 363
ACCEPTANCE AGREEMENT – INITIAL POINT GALLERY DISPLAY PAGE 3
B. Photographs of artwork. City may photograph the artwork displayed in Initial Point
Gallery, as City may desire for purposes of advertising, marketing, and public
information. Where practicable and to the extent of City’s authority, Artist shall be
acknowledged on each such 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 artwork.
C. Use of Artist’s name. Artist hereby conveys to City permission to use Artist’s name for
purposes of advertising, marketing, and public information, without violation of Artist’s
rights of privacy or any other rights Artist may possess under this Agreement, provided
that City shall not use Artist’s logo, if any, for any purpose without the express, written
permission of Artist.
D. Use of City’s name. City hereby conveys to Artist permission to use City’s name for
purposes of advertising, marketing, and public information, without violation of City’s
rights of privacy or any other rights City may possess under this Agreement, provided
that Artist shall not use City’s logo for any purpose without the express, written
permission of the Mayor’s Chief of Staff.
E. Removal of artwork by City. City shall have the right to remove Artist’s artwork from
public display at any time and for any reason. Such removal may be temporary or
permanent in nature. Where such artwork is or is intended to be removed from public
display for longer than forty-eight (48) hours, City shall notify Artist in the manner set
forth herein. While it is intended that Artist’s artwork will be displayed in Initial Point
Gallery for the period set forth herein, this period may be shortened by City for any
reason, without notice to the Artist.
F. Removal of artwork by Artist. Artist shall coordinate with the Gallery Curator the
removal, replacement, and/or substitution of any and all artwork prior to such activity,
whether such activity is necessary due to the sale of a piece or for any other reason.
G. Simultaneous display. City may elect to display the work of more than one Artist or
Organization in Initial Point Gallery at any time, at the City’s sole discretion. The
manner and arrangement of the display(s) in Initial Point Gallery shall be determined by
the Gallery Curator.
VI. INDEMNIFICATION , WAIVER , AND INSURANCE .
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.
B. Waiver. Artist shall, and hereby does, waive any and all claims and recourse against
City, including the right of contribution for loss and damage to persons or property
arising from, growing out of, or in any way connected with or incident to Artist’s
performance of this Agreement, whether such loss or damage may be attributable to
Meridian City Council Meeting Agenda January 8, 2019 – Page 95 of 363
ACCEPTANCE AGREEMENT – INITIAL POINT GALLERY DISPLAY PAGE 4
known or unknown conditions, except for liability arising out of the tortious conduct of
City or its officers, agents or employees.
C. Insurance Artist’s responsibility. City shall not provide insurance to cover loss, theft,
or damage of artwork displayed in Initial Point Gallery or to cover any activity
undertaken by Artist in the furtherance of Artists’ rights or obligations described herein.
Insurance of the artwork; of the Artist’s person, property, or interests; and/or of the
Artist’s employees or agents shall be the sole responsibility of Artist. Artist shall obtain
all necessary insurance as may be required in order to protect Artist’s insurable interests
for its rights and obligations described within this Agreement, including, but not limited
to, liability insurance, automobile insurance, worker’s compensation insurance, and/or
insurance of the artwork to be displayed in Initial Point Gallery. Artist shall bear any and
all risks of, and actual, loss of, theft of, and/or damage to the artwork prepared for,
transported to, transported from, installed or hung in, and/or displayed in Initial Point
Gallery.
VII. TERMINATION .
A. Termination for cause. If City determines that Artist has failed to comply with or is in
default of 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 providing written
notice to the defaulting party of its intent to terminate, and shall specify the grounds for
termination. The defaulting party shall have two (2) calendar days, not including
Sundays or federal holidays, after the other party mails such notice to cure the default. If
the default is not cured within such period, this Agreement shall be terminated
immediately upon mailing of written notice of termination.
B. Termination without cause. City may immediately terminate this Agreement for any
reason at any time without prior notice to Artist.
C. Termination upon death or incapacity of Artist. This Agreement shall automatically
terminate upon the death or incapacity of Artist.
D. Non-waiver. A waiver of any breach or default of any provision of this Agreement shall
not be construed as a waiver of a breach of the same or any other provision hereof.
VIII. GENERAL PROVISIONS .
A. Relationship of Parties. It is the express intention of Parties that Artist is an
independent party and not an employee, agent, joint venturer, or partner of City. Nothing
in this Agreement shall be interpreted or construed as creating or establishing the
relationship of employer and employee between Artist and City or between Artist and
any official, agent, or employee of City. Both parties acknowledge that Artist is not an
Meridian City Council Meeting Agenda January 8, 2019 – Page 96 of 363
ACCEPTANCE AGREEMENT – INITIAL POINT GALLERY DISPLAY PAGE 5
employee of City. Artist shall retain the right to perform services for others during the
term of this Agreement.
B. Compliance with law. Throughout the course of this Agreement, Artist shall comply
with any and all applicable federal, state, and local laws.
C. Non-Discrimination . In fulfilling or exercising any right or obligation under this
Agreement, Artist shall not discriminate against any person as to race, creed, religion,
sex, age, national origin, sexual orientation or any physical, mental, or sensory disability.
D. Entire agreement. This Agreement constitutes the entire understanding between the
Parties. This Agreement supersedes any and all statements, promises, or inducements
made by either party, or agents of either party, whether oral or written, and whether
previous to the execution hereof or contemporaneous herewith. The terms of this
Agreement may not be enlarged, modified or altered except upon written agreement
signed by both parties hereto.
E. Agreement governed by Idaho law . The laws of the State of Idaho shall govern the
validity, interpretation, performance and enforcement of this Agreement. Venue shall be
in the courts of Ada County, Idaho.
F. Cumulative rights and remedies . All rights and remedies herein enumerated shall be
cumulative and none shall exclude any other right or remedy allowed by law. Likewise,
the exercise of any remedy provided for herein or allowed by law shall not be to the
exclusion of any other remedy.
G. Severability. If any provision of this Agreement is found by a court of competent
jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall
not be affected.
H. Successors and assigns. Artist shall not subcontract or assign any of Artist’s obligations
under this Agreement that require or that may require 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:
Artist: City:
John Killmaster Hillary Blackstone
Initial Point Gallery Curator
33 E. Broadway Ave.
Meridian ID 83642
Meridian City Council Meeting Agenda January 8, 2019 – Page 97 of 363
Either party may change its respective mailing address by giving written notice of such
change in the manner herein provided.
J. City Council approval required. The validity of this Agreement shall be expressly
conditioned upon City Council action approving the Agreement. Execution of this
Agreement by the persons referenced below prior to such ratification or approval shall
not be construed as proof of validity in the absence of Meridian City Council approval,
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the
Effective Date written above.
ARTIST:
YLMUk"-OL-
John
� Killmaster
CITY OF MERIDIAN:
f
BY:
Tammy d erd, ayor
ED
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-4-� le DIgN�
2 \04#40
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SEAL /
Attest:
ACCEPTANCE AGREEMENT — IMTIAL POINT GALLERY DISPLAY PAGE 6
ACCEPTANCE AGREEMENT:
DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL
This ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT
GALLERY, MERIDIAN CITY HALL ("Agreement") is made on the 8�" day of Gth.U.Q ,
2019 ("Effective Date"), by and between the City of Meridian, a municipal corporation
organized under the laws of the State of Idaho ("City"), and Ruthanne Oliver, an individual
person ("Artist"). (City and Artist may hereinafter be collectively referred to as "Parties.")
WHEREAS, the City desires that public art will be a component of Meridian City Hall
by the display of artwork in Initial Point Gallery, an art gallery on the third floor of Meridian
City Hall, the address of which is 33 E. Broadway Ave., Meridian, Idaho ("Initial Point
Gallery");
WHEREAS, the Meridian. Arts Commission ("Commission") recommends to the
Meridian City Council that Artist's artwork be displayed in Initial Point Gallery;
WHEREAS, the Meridian City Council accepts such recommendation and directs the
Commission to work with Artist to establish a display of Artist's artwork in Initial Point Gallery;
and
WHEREAS, the Parties acknowledge that Meridian City Hall is primarily a place of
public business, that Initial Point Gallery is a public place, and that while the City seeks to
encourage artistic expression and public dialogue, the City must simultaneously ensure that
Meridian City Hall is a place where citizens, employees, and visitors of diverse ages and
perspectives feel welcome and comfortable;
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency
of which is hereby acknowledged and agreed, and in consideration of the mutual promises and
covenants herein contained, the Parties agree as follows:
I. SCOPE OF SERVICES.
Artist shall personally deliver artwork to Initial Point Gallery, on 3/29/2019, at such time as is
specified by the Gallery Curator. Artist shall be responsible for hanging such artwork on
3/29/2019, at the direction of the Gallery Curator; shall allow the display of such work in Initial
Point Gallery from 3/29/2019 through 4/25/2019, in accordance with the terms of this
Agreement; and shall be responsible for removal of such artwork on 4/26/2019, at such time as is
specified by the Gallery Curator.
H. COMPENSATION AND SALE OF ARTWORK.
A. No compensation. 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.
B. Sale of artwork. Artist may, at the direction of and in the manner established by the
Gallery Curator, passively offer the artwork on display in Initial Point Gallery for sale.
ACCEPTANCE AGREEMENT - INITIAL POINT GALLERY DISPLAY PAGE 1
ACCEPTANCE AGREEMENT – INITIAL POINT GALLERY DISPLAY PAGE 2
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. TIME OF PERFORMANCE .
Artist shall provide services described in this Agreement in a timely manner, as described
herein. Artist acknowledges and agrees that time is strictly of the essence with respect to this
Agreement, and that the failure to timely perform any of the obligations hereunder shall
constitute a default of this Agreement.
IV. INSTALLATION .
A. Coordination with Curator. Prior to the installation, removal, replacement, and/or
substitution of the display in Initial Point Gallery or any portion or component thereof,
Artist shall coordinate any and all such activity with the Gallery Curator. Artist shall be
responsible for contacting the Gallery Curator at least thirty (30) days prior prior to the
date of delivery of artwork to Initial Point Gallery to confirm details regarding the
installation, removal, publicity, and promotion of the exhibit . Artist’s failure to
affirmatively contact the Gallery Curator as required by this paragraph shall constitute a
default of this Agreement.
B. Inspection of display. Prior to or after installation, the Gallery Curator and/or the City
may inspect and/or review the artwork proposed by Artist for display in Initial Point
Gallery to ensure compliance with all criteria set forth in the most recent Call to Artists
issued for Initial Point Gallery, and the Application and Acknowledgements Form
completed by Artist, as well as to ensure that such artwork may be safely and
appropriately displayed in Initial Point Gallery. If the Gallery Curator or the City
concludes that the display or any portion or component thereof does not meet the criteria
set forth in these enumerated documents, does not reflect artwork as described to the
Commission or the Gallery Curator, 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.
V. DISPLAY .
A. Original artwork. Artist warrants that any and all artwork provided by Artist for display
in Initial Point Gallery shall be, and is, original work conceived and created by Artist.
Meridian City Council Meeting Agenda January 8, 2019 – Page 100 of 363
ACCEPTANCE AGREEMENT – INITIAL POINT GALLERY DISPLAY PAGE 3
B. Photographs of artwork. City may photograph the artwork displayed in Initial Point
Gallery, as City may desire for purposes of advertising, marketing, and public
information. Where practicable and to the extent of City’s authority, Artist shall be
acknowledged on each such 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 artwork.
C. Use of Artist’s name. Artist hereby conveys to City permission to use Artist’s name for
purposes of advertising, marketing, and public information, without violation of Artist’s
rights of privacy or any other rights Artist may possess under this Agreement, provided
that City shall not use Artist’s logo, if any, for any purpose without the express, written
permission of Artist.
D. Use of City’s name. City hereby conveys to Artist permission to use City’s name for
purposes of advertising, marketing, and public information, without violation of City’s
rights of privacy or any other rights City may possess under this Agreement, provided
that Artist shall not use City’s logo for any purpose without the express, written
permission of the Mayor’s Chief of Staff.
E. Removal of artwork by City. City shall have the right to remove Artist’s artwork from
public display at any time and for any reason. Such removal may be temporary or
permanent in nature. Where such artwork is or is intended to be removed from public
display for longer than forty-eight (48) hours, City shall notify Artist in the manner set
forth herein. While it is intended that Artist’s artwork will be displayed in Initial Point
Gallery for the period set forth herein, this period may be shortened by City for any
reason, without notice to the Artist.
F. Removal of artwork by Artist. Artist shall coordinate with the Gallery Curator the
removal, replacement, and/or substitution of any and all artwork prior to such activity,
whether such activity is necessary due to the sale of a piece or for any other reason.
G. Simultaneous display. City may elect to display the work of more than one Artist or
Organization in Initial Point Gallery at any time, at the City’s sole discretion. The
manner and arrangement of the display(s) in Initial Point Gallery shall be determined by
the Gallery Curator.
VI. INDEMNIFICATION , WAIVER , AND INSURANCE .
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.
B. Waiver. Artist shall, and hereby does, waive any and all claims and recourse against
City, including the right of contribution for loss and damage to persons or property
arising from, growing out of, or in any way connected with or incident to Artist’s
performance of this Agreement, whether such loss or damage may be attributable to
Meridian City Council Meeting Agenda January 8, 2019 – Page 101 of 363
ACCEPTANCE AGREEMENT – INITIAL POINT GALLERY DISPLAY PAGE 4
known or unknown conditions, except for liability arising out of the tortious conduct of
City or its officers, agents or employees.
C. Insurance Artist’s responsibility. City shall not provide insurance to cover loss, theft,
or damage of artwork displayed in Initial Point Gallery or to cover any activity
undertaken by Artist in the furtherance of Artists’ rights or obligations described herein.
Insurance of the artwork; of the Artist’s person, property, or interests; and/or of the
Artist’s employees or agents shall be the sole responsibility of Artist. Artist shall obtain
all necessary insurance as may be required in order to protect Artist’s insurable interests
for its rights and obligations described within this Agreement, including, but not limited
to, liability insurance, automobile insurance, worker’s compensation insurance, and/or
insurance of the artwork to be displayed in Initial Point Gallery. Artist shall bear any and
all risks of, and actual, loss of, theft of, and/or damage to the artwork prepared for,
transported to, transported from, installed or hung in, and/or displayed in Initial Point
Gallery.
VII. TERMINATION .
A. Termination for cause. If City determines that Artist has failed to comply with or is in
default of 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 providing written
notice to the defaulting party of its intent to terminate, and shall specify the grounds for
termination. The defaulting party shall have two (2) calendar days, not including
Sundays or federal holidays, after the other party mails such notice to cure the default. If
the default is not cured within such period, this Agreement shall be terminated
immediately upon mailing of written notice of termination.
B. Termination without cause. City may immediately terminate this Agreement for any
reason at any time without prior notice to Artist.
C. Termination upon death or incapacity of Artist. This Agreement shall automatically
terminate upon the death or incapacity of Artist.
D. Non-waiver. A waiver of any breach or default of any provision of this Agreement shall
not be construed as a waiver of a breach of the same or any other provision hereof.
VIII. GENERAL PROVISIONS .
A. Relationship of Parties. It is the express intention of Parties that Artist is an
independent party and not an employee, agent, joint venturer, or partner of City. Nothing
in this Agreement shall be interpreted or construed as creating or establishing the
relationship of employer and employee between Artist and City or between Artist and
any official, agent, or employee of City. Both parties acknowledge that Artist is not an
Meridian City Council Meeting Agenda January 8, 2019 – Page 102 of 363
ACCEPTANCE AGREEMENT – INITIAL POINT GALLERY DISPLAY PAGE 5
employee of City. Artist shall retain the right to perform services for others during the
term of this Agreement.
B. Compliance with law. Throughout the course of this Agreement, Artist shall comply
with any and all applicable federal, state, and local laws.
C. Non-Discrimination . In fulfilling or exercising any right or obligation under this
Agreement, Artist shall not discriminate against any person as to race, creed, religion,
sex, age, national origin, sexual orientation or any physical, mental, or sensory disability.
D. Entire agreement. This Agreement constitutes the entire understanding between the
Parties. This Agreement supersedes any and all statements, promises, or inducements
made by either party, or agents of either party, whether oral or written, and whether
previous to the execution hereof or contemporaneous herewith. The terms of this
Agreement may not be enlarged, modified or altered except upon written agreement
signed by both parties hereto.
E. Agreement governed by Idaho law . The laws of the State of Idaho shall govern the
validity, interpretation, performance and enforcement of this Agreement. Venue shall be
in the courts of Ada County, Idaho.
F. Cumulative rights and remedies . All rights and remedies herein enumerated shall be
cumulative and none shall exclude any other right or remedy allowed by law. Likewise,
the exercise of any remedy provided for herein or allowed by law shall not be to the
exclusion of any other remedy.
G. Severability. If any provision of this Agreement is found by a court of competent
jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall
not be affected.
H. Successors and assigns. Artist shall not subcontract or assign any of Artist’s obligations
under this Agreement that require or that may require 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:
Artist: City:
Ruthanne Oliver Hillary Blackstone
Initial Point Gallery Curator
Escalante, UT 84726 33 E. Broadway Ave.
Meridian ID 83642
Meridian City Council Meeting Agenda January 8, 2019 – Page 103 of 363
Either party may change its respective mailing address by giving written notice of such
ch.qns*e in the manner herein nrevidrd.
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, re-Nons referenced below ur•ior to such ratification or apvroval shall
not be construed as proof of validity in the absence of Meridian City Council approval.
IN WITNESS WHFR.FOF., the parties hereto have executed this Agreement on the
Effective Date written above,
ARTIST:
Ruthanne Oliver
..TTV OF MRRT"YA N -
BY;
eerd, Mayor
GUS,-
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Attest:
J y Coles, C ty ded
A nnr.rvn .� arnn A nnrm ma•r Rrvrr IT T)n.,im ('. .� rnlr Thorn T3, "-
ACCEPTANCE AGREEMENT:
DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL
This ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT
GALLERY, MERIDIAN CITY HALL ("Agreement") is made on the � day of 1 --un l.Q,1'(�
2019 ("Effective Date"), by and between the City of Meridian, a municipal corporation JJ
organized under the laws of the State of Idaho ("City"), and Laura Yager, an individual person
("Artist"). (City and Artist may hereinafter be collectively referred to as "Parties.")
WHEREAS, the City desires that public art will be a component of Meridian City Hall
by the display of artwork in Initial Point Gallery, an art gallery on the third floor of Meridian
City Hall, the address of which is 33 E. Broadway Ave., Meridian, Idaho ("Initial Point
Gallery");
WHEREAS, the Meridian Arts Commission ("Commission") recommends to the
Meridian City Council that Artist's artwork be displayed in Initial Point Gallery;
WHEREAS, the Meridian City Council accepts such recommendation and directs the
Commission to work with Artist to establish a display of Artist's artwork in Initial Point Gallery;
and
WHEREAS, the Parties acknowledge that Meridian City Hall is primarily a place of
public business, that Initial Point Gallery is a public place, and that while the City seeks to
encourage artistic expression and public dialogue, the City must simultaneously ensure that
Meridian City Hall is a place where citizens, employees, and visitors of diverse ages and
perspectives feel welcome and comfortable;
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency
of which is hereby acknowledged and agreed, and in consideration of the mutual promises and.
covenants herein contained, the Parties agree as follows:
I. SCOPE OF SERVICES.
Artist shall personally deliver artwork to Initial Point Gallery, on 3/29/2019, at such time as is
specified by the Gallery Curator. Artist shall be responsible for hanging such artwork on
3/29/2019, at the direction of the Gallery Curator; shall allow the display of such work in Initial
Point Gallery from 3/29/2019 through 4/25/2019, in accordance with the terms of this
Agreement; and shall be responsible for removal of such artwork on 4/26/2019, at such time as is
specified by the Gallery Curator.
II. COMPENSATION AND SALE OF ARTWORK.
A. No compensation. 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.
B. Sale of artwork. Artist may, at the direction of and in the manner established by the
Gallery Curator, passively offer the artwork on display in Initial Point Gallery for sale.
ACCEPTANCE AGREEMENT- INITIAL POINT GALLERY DISPLAY PAGE 1
ACCEPTANCE AGREEMENT – INITIAL POINT GALLERY DISPLAY P AGE 2
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. TIME OF PERFORMANCE.
Artist shall provide services described in this Agreement in a timely manner, as described
herein. Artist acknowledges and agrees that time is strictly of the essence with respect to this
Agreement, and that the failure to timely perform any of the obligations hereunder shall
constitute a default of this Agreement.
IV. INSTALLATION.
A. Coordination with Curator. Prior to the installation, removal, replacement, and/or
substitution of the display in Initial Point Gallery or any portion or component thereof,
Artist shall coordinate any and all such activity with the Gallery Curator. Artist shall be
responsible for contacting the Gallery Curator at least thirty (30) days prior prior to the
date of delivery of artwork to Initial Point Gallery to confirm details regarding the
installation, removal, publicity, and promotion of the exhibit. Artist’s failure to
affirmatively contact the Gallery Curator as required by this paragraph shall constitute a
default of this Agreement.
B. Inspection of display. Prior to or after installation, the Gallery Curator and/or the City
may inspect and/or review the artwork proposed by Artist for display in Initial Point
Gallery to ensure compliance with all criteria set forth in the most recent Call to Artists
issued for Initial Point Gallery, and the Application and Acknowledgements Form
completed by Artist, as well as to ensure that such artwork may be safely and
appropriately displayed in Initial Point Gallery. If the Gallery Curator or the City
concludes that the display or any portion or component thereof does not meet the criteria
set forth in these enumerated documents, does not reflect artwork as described to the
Commission or the Gallery Curator, 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.
V. DISPLAY.
A. Original artwork. Artist warrants that any and all artwork provided by Artist for display
in Initial Point Gallery shall be, and is, original work conceived and created by Artist.
Meridian City Council Meeting Agenda January 8, 2019 – Page 106 of 363
ACCEPTANCE AGREEMENT – INITIAL POINT GALLERY DISPLAY P AGE 3
B. Photographs of artwork. City may photograph the artwork displayed in Initial Point
Gallery, as City may desire for purposes of advertising, marketing, and public
information. Where practicable and to the extent of City’s authority, Artist shall be
acknowledged on each such 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 artwork.
C. Use of Artist’s name. Artist hereby conveys to City permission to use Artist’s name for
purposes of advertising, marketing, and public information, without violation of Artist’s
rights of privacy or any other rights Artist may possess under this Agreement, provided
that City shall not use Artist’s logo, if any, for any purpose without the express, written
permission of Artist.
D. Use of City’s name. City hereby conveys to Artist permission to use City’s name for
purposes of advertising, marketing, and public information, without violation of City’s
rights of privacy or any other rights City may possess under this Agreement, provided
that Artist shall not use City’s logo for any purpose without the express, written
permission of the Mayor’s Chief of Staff.
E. Removal of artwork by City. City shall have the right to remove Artist’s artwork from
public display at any time and for any reason. Such removal may be temporary or
permanent in nature. Where such artwork is or is intended to be removed from public
display for longer than forty-eight (48) hours, City shall notify Artist in the manner set
forth herein. While it is intended that Artist’s artwork will be displayed in Initial Point
Gallery for the period set forth herein, this period may be shortened by City for any
reason, without notice to the Artist.
F. Removal of artwork by Artist. Artist shall coordinate with the Gallery Curator the
removal, replacement, and/or substitution of any and all artwork prior to such activity,
whether such activity is necessary due to the sale of a piece or for any other reason.
G. Simultaneous display. City may elect to display the work of more than one Artist or
Organization in Initial Point Gallery at any time, at the City’s sole discretion. The
manner and arrangement of the display(s) in Initial Point Gallery shall be determined by
the Gallery Curator.
VI. INDEMNIFICATION, WAIVER, AND INSURANCE.
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.
B. Waiver. Artist shall, and hereby does, waive any and all claims and recourse against
City, including the right of contribution for loss and damage to persons or property
arising from, growing out of, or in any way connected with or incident to Artist’s
performance of this Agreement, whether such loss or damage may be attributable to
Meridian City Council Meeting Agenda January 8, 2019 – Page 107 of 363
ACCEPTANCE AGREEMENT – INITIAL POINT GALLERY DISPLAY P AGE 4
known or unknown conditions, except for liability arising out of the tortious conduct of
City or its officers, agents or employees.
C. Insurance Artist’s responsibility. City shall not provide insurance to cover loss, theft,
or damage of artwork displayed in Initial Point Gallery or to cover any activity
undertaken by Artist in the furtherance of Artists’ rights or obligations described herein.
Insurance of the artwork; of the Artist’s person, property, or interests; and/or of the
Artist’s employees or agents shall be the sole responsibility of Artist. Artist shall obtain
all necessary insurance as may be required in order to protect Artist’s insurable interests
for its rights and obligations described within this Agreement, including, but not limited
to, liability insurance, automobile insurance, worker’s compensation insurance, and/or
insurance of the artwork to be displayed in Initial Point Gallery. Artist shall bear any and
all risks of, and actual, loss of, theft of, and/or damage to the artwork prepared for,
transported to, transported from, installed or hung in, and/or displayed in Initial Point
Gallery.
VII. TERMINATION.
A. Termination for cause. If City determines that Artist has failed to comply with or is in
default of 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 providing written
notice to the defaulting party of its intent to terminate, and shall specify the grounds for
termination. The defaulting party shall have two (2) calendar days, not including
Sundays or federal holidays, after the other party mails such notice to cure the default. If
the default is not cured within such period, this Agreement shall be terminated
immediately upon mailing of written notice of termination.
B. Termination without cause. City may immediately terminate this Agreement for any
reason at any time without prior notice to Artist.
C. Termination upon death or incapacity of Artist. This Agreement shall automatically
terminate upon the death or incapacity of Artist.
D. Non-waiver. A waiver of any breach or default of any provision of this Agreement shall
not be construed as a waiver of a breach of the same or any other provision hereof.
VIII. GENERAL PROVISIONS.
A. Relationship of Parties. It is the express intention of Parties that Artist is an
independent party and not an employee, agent, joint venturer, or partner of City. Nothing
in this Agreement shall be interpreted or construed as creating or establishing the
relationship of employer and employee between Artist and City or between Artist and
any official, agent, or employee of City. Both parties acknowledge that Artist is not an
Meridian City Council Meeting Agenda January 8, 2019 – Page 108 of 363
ACCEPTANCE AGREEMENT – INITIAL POINT GALLERY DISPLAY P AGE 5
employee of City. Artist shall retain the right to perform services for others during the
term of this Agreement.
B. Compliance with law. Throughout the course of this Agreement, Artist shall comply
with any and all applicable federal, state, and local laws.
C. Non-Discrimination. In fulfilling or exercising any right or obligation under this
Agreement, Artist shall not discriminate against any person as to race, creed, religion,
sex, age, national origin, sexual orientation or any physical, mental, or sensory disability.
D. Entire agreement. This Agreement constitutes the entire understanding between the
Parties. This Agreement supersedes any and all statements, promises, or inducements
made by either party, or agents of either party, whether oral or written, and whether
previous to the execution hereof or contemporaneous herewith. The terms of this
Agreement may not be enlarged, modified or altered except upon written agreement
signed by both parties hereto.
E. Agreement governed by Idaho law. The laws of the State of Idaho shall govern the
validity, interpretation, performance and enforcement of this Agreement. Venue shall be
in the courts of Ada County, Idaho.
F. Cumulative rights and remedies. All rights and remedies herein enumerated shall be
cumulative and none shall exclude any other right or remedy allowed by law. Likewise,
the exercise of any remedy provided for herein or allowed by law shall not be to the
exclusion of any other remedy.
G. Severability. If any provision of this Agreement is found by a court of competent
jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall
not be affected.
H. Successors and assigns. Artist shall not subcontract or assign any of Artist’s obligations
under this Agreement that require or that may require 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:
Artist: City:
Laura Yager Hillary Blackstone
Initial Point Gallery Curator
Boise, ID 83714 33 E. Broadway Ave.
Meridian ID 83642
Meridian City Council Meeting Agenda January 8, 2019 – Page 109 of 363
Either party may change its respective mailing address by giving written notice of such
change in the manner herein provided,
J. City Council approval required. The validity of this Agreement shall be expressly
conditioned upon City Council action approving the Agreement. Execution of this
Agreement by the persons referenced below prior to such ratification or approval shall
not be construed as proof of validity in the absence of Meridian City Council approval.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the
Effective Date written above.
ARTIST:
�nA All,/C
Laula Yager
CITY OF MERIDIAN:
BY:
Tammy de erd, Mayor
PQORpTED AUGGS Attest
T
'm
C"VI E 1DIAN-
IDAHO
SEAL j
ACCEPTANCE AGREEMENT -INITIAL POINT GALLERY DISPLAY PAGE 6
ACCEPTANCE AGREEMENT:
DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL
This ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT
GALLERY, MERIDIAN CITY HALL ("Agreement") is made on the U day of Mamo Y, ,
20V%� ("Effective Date"), by and between the City of Meridian, a municipal corporation organiz
under the laws of the State of Idaho ("City"), and Cara Hinkson ("Organizer"), on behalf of the
West Ada School District ("District"). (City and Organizer may hereinafter be collectively referred
to as "Parties.")
WHEREAS, the City desires that public art will be a component of Meridian City Hall and
to that end, the Meridian Arts Commission has invited. District to display artwork in Initial Point
Gallery, an art gallery on the third floor of Meridian City Hall, the address of which is 33 E.
Broadway Ave., Meridian, Idaho ("Initial Point Gallery");
WHEREAS, the Parties acknowledge that Meridian City Hall is primarily a place of public
business, that Initial Point Gallery is a public place, and that while the City seeks to encourage
artistic expression and public dialogue, the .City must simultaneously ensure that Meridian. City Hall
is a place where citizens, employees, and visitors of diverse ages and perspectives feel welcome and
comfortable;
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged and agreed, and in consideration of the mutual promises and
covenants herein contained, the Parties agree as follows:
I. SCOPE OF SERVICES.
Organizer shall deliver to Initial Point Gallery, on April 26, 2019, at such time as is specified by
the Gallery Curator, artwork which shall substantially conform to the description of such
artwork set forth in Exhibit,4 hereto. Organizer shall be responsible for installing such artwork
on April 26, 2019 at the direction of the Gallery Curator; shall allow the display of such work in
Initial Point Gallery from April 26, 2019 through May 28, 2019, in accordance with the terms of
this Agreement; and shall be responsible for removal of such artwork on May 29, 2019, at such
time as is specified by the Gallery Curator. Organizer 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.
II. INSTALLATION.
A. Coordination with Curator. Prior to the installation, removal, replacement, and/or
substitution of the display in Initial Point Gallery or any portion or component thereof,
Organizer shall coordinate any and all such activity with the Gallery Curator. Organizer
shall be responsible for contacting the Gallery Curator between March 1, 2019 and March
29, 2019 to confirm details regarding the installation, removal, publicity, and promotion of the
exhibit. Organizer's failure to affirmatively contact the Gallery Curator as required by this
paragraph shall constitute a default of this Agreement.
ACCEPTANCE AGREEMENT - INITIAL POINT GALLERY DISPLAY PAGE 1
B. Inspection of display. Prior to or after installation, the Gallery Curator and/or the City may
inspect and/or review the artwork and panels proposed by Organizer for display in Initial
Point Gallery to ensure compliance with all criteria set forth in the Call to Artists attached
hereto as Exhibit A as well as to ensure that such artwork may be safely and appropriately
displayed in Initial Point Gallery. If the Gallery Curator or the City concludes that the
display or any portion or component thereof does not meet the criteria set forth in Exhibit A
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.
III.DISPLAY.
A. Original artwork. Organizer warrants that any and all artwork provided by Organizer for
display in Initial Point Gallery shall be, and is, original work conceived and created by
students of District, as written and signed by students.
B. Photographs of artwork. City may photograph the artwork displayed in Initial Point
Gallery, as City may desire for purposes of advertising, marketing, and public information,
permission for photography is signed by parents/guardians and those permission forms will
be provide to the City prior to display of the art.
C. Use of City's name. City hereby conveys to District permission to use City's name for
purposes of advertising, marketing, and public information, provided that neither Organizer
nor its members shall use City's logo for any purpose without the express, written
permission of the Mayor's Chief of Staff.
D. Removal of artwork by City. City shall have the right to remove artwork from public
display at any time and for any reason. Such removal may be temporary or permanent in
nature. Where such artwork is or is intended to be removed from public display for longer
than forty-eight (48) hours, City shall notify Organizer in the manner set forth herein. While
it is intended that District's artwork will be displayed in Initial Point Gallery for the period
set forth herein, this period may be shortened by City for any reason without notice.
E. Removal of artwork by District. Organizer 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.
IV. INDEMNIFICATION. WAIVER, AND INSURANCE.
A. Indemnification. Organizer, District, and District's members, shall, and hereby do,
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 Organizer, District, District's members, or such parties' volunteers, agents,
employees, guests, and/or business invitees.
ACCEPTANCE AGREEMENT- INITIAL POINT GALLERY DISPLAY PAGE 2
Meridian City Council Meeting Agenda January 8, 2019 – Page 112 of 363
B. Waiver. Organizer and District shall, and hereby do, 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 Organizer's or
District's performance of this Agreement, whether such loss or damage may be attributable
to known or unknown conditions, except for liability arising out of the tortious conduct of
City or its officers, agents or employees. Parents/guardians also waive any and all claims
and recourse against City, per the individual forms signed and submitted.
C. Insurance is District'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 District or its members in the furtherance of the respective rights or obligations described
herein. Insurance of the artwork; of the District's or its members' persons, property, or
interests; and/or of the District's or its members' employees or agents shall be the sole
responsibility of District. District or its members shall obtain all necessary insurance as may
be required in order to protect those parties' insurable interests for their 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. District shall not 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.
Parents/guardians also waive any and all claims about damage or loss of art in the individual
forms submitted against the District.
D. Permission is District's responsibility. District shall be responsible for obtaining written
permission from the parent or guardian of each student artist whose work is displayed in
Initial Point Gallery, to include acknowledgments that:
1. The City of Meridian will not assume liability for or provide insurance to cover any loss,
theft, or damage of the artwork.
2. By allowing the child's participation, the parents bear all risks, some of which are
unknown, and release and indemnify the City from all related claims for damages.
3. 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 also ensure that City Hall is a place where citizens, employees, and visitors of
diverse ages and perspectives feel welcome and comfortable. To this end, artwork will
be displayed which: is appropriate in subject and content for a functioning government
workplace, is consistent with City policy and community values, contributes to the
aesthetic and cultural atmosphere of Meridian City Hall, and is not disruptive or likely to
offend the general public.
V. TERMINATION.
A. Termination for cause. If City determines that Organizer, District, or any of its members
have failed to comply with or are in default of 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 providing
ACCEPTANCE AGREEMENT - INITIAL POINT GALLERY DISPLAY PAGE 3
Meridian City Council Meeting Agenda January 8, 2019 – Page 113 of 363
written notice to the defaulting party of its intent to terminate, and shall specify the grounds
for termination. The defaulting party shall have two (2) calendar days, not including
Sundays or federal holidays, after the other party mails such notice to cure the default. If the
default is not cured within such period, this Agreement shall be terminated immediately
upon mailing of written notice of termination.
B. Termination without cause. City may immediately terminate this Agreement for any
reason at any time without prior notice to Organizer.
C. Non -waiver. A waiver of any breach or default of any provision of this Agreement shall not
be construed as a waiver of a breach of the same or any other provision hereof.
VI. GENERAL PROVISIONS.
A. Compliance with law. Throughout the course of this Agreement, Organizer, District, and
District's members shall comply with any and all applicable federal, state, and local laws.
B. Non-discrimination. In fulfilling or exercising any right or obligation under this
Agreement, neither Organizer nor District shall discriminate against any person as to race,
creed, religion, sex, age, national origin, sexual orientation or any physical, mental, or
sensory disability.
C. 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.
D. Agreement governed by Idaho law. The laws of the State of Idaho shall govern the
validity, interpretation, performance and enforcement of this Agreement. Venue shall be in
the courts of Ada County, Idaho.
E. 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.
F. 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.
G. Successors and assigns. District shall not subcontract or assign any of District's
obligations under this Agreement that require or that may require their artistic talent or
expertise. District may subcontract or assign obligations that do not require 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.
ACCEPTANCE AGREEMENT- INITIAL POINT GALLERY DISPLAY PAGE 4
Meridian City Council Meeting Agenda January 8, 2019 – Page 114 of 363
H. 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:
West Ada School District: City:
Cara Hinkson Hillary Blackstone
Fine Arts Coordinator Commissions & Committees Specialist
1303 E Central Drive 33 E. Broadway Ave.
Meridian, ID 83642 Meridian ID 83642
Either party may change its respective mailing address by giving written notice of such
change in the manner herein provided.
I. Warranty of authority. Organizer expressly warrants that, to the extent set forth herein,
Organizer is duly authorized to act as the representative and agent of District, Organizer
further warrants that Organizer is authorized to bind District and its members and principals
to the obligations set forth herein, and to accept the liabilities as established herein on behalf
of District and its members and principals.
J. City Council approval required. The validity of this Agreement shall be expressly
conditioned upon City Council action approving the Agreement. Execution of this
Agreement by the persons referenced below prior to such ratification or approval shall not
be construed as proof of validity in the absence of Meridian City Council approval.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the
Effective Date written above.
Arts Coordinator
We§r-Ada Sclfool District
CITY
ACCEPTANCE AGREEMENT- INITIAL POINT GALLERY DISPLAY PAGE 5
EXHIBIT A
CALL TO ARTISTS
ACCEPTANCE AGREEMENT - INITIAL POINT GALLERY DISPLAY PAGE 6
Meridian City Council Meeting Agenda January 8, 2019 – Page 116 of 363
Meridian Commission
Initial Point Gallery Call to Artists for 2019 Exhibitions
Prospectus:
The Meridian Arts Commission (MAC) seeks proposals for the display of two-dimensional and/or three-
dimensional artwork as part of the 2018 Initial Point Gallery Series, a series of one to two-month
exhibitions in Initial Point Gallery. MAC aims to have multiple artists in the space each month. 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 100 feet of total wall
space for hanging two-dimensional artwork and four enclosed display cases for three-dimensional
artwork.
Entry Fee:
35 flat fee per application
Eligibility:
All artists in the Northwest region are welcome to apply, but artists must be present for scheduled
installation and removal. Two-dimensional works displayed in Initial Point Gallery must be comprised of
professional -quality, ready -to -hang, original art. 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. Selectees will be asked to enter into
an Acceptance Agreement with the City setting forth specific conditions of display. Selectees and invitees
may reapply annually and if selected again, 75% of the display must be artwork that has not been
previously displayed in Initial Point Gallery. Organizations and small, informal groups are welcome to
apply.
Entering Your Images:
You can enter your images online at www.OntineJuriedShows.com
Help in photographing your work and properly sizing your images can be found at:
www.OntineJuriedShows.com/heLp.aspx
For best results, images should be 1920 pixels @72 dpi on the longest side, and in JPEG format,
sRGB color space.
If you need assistance, please contact info@onlinejuriedshows.com or call 949-287-8645.
Jurors:
Images will be juried by a committee who will choose the artists to be represented in the gallery. MAC
may group more than one artist in each exhibit. In evaluating eligible proposals, the following factors will
be considered:
Adherence to the Call to Artists;
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.
Artwork Guidelines:
All hanging art must be equipped with d -rings for secure hanging. Wires, eyehooks, and clip frames may
not be used for hanging. The number of artworks to be included in each exhibit depends on the size of
the pieces included. MAC asks that artists plan to have appropriate negative space in between each piece
to allow for labels and breathing room. Two-dimensional works should not exceed 5' in height. Display
ACCEPTANCE AGREEMENT -INITIAL POINT GALLERY DISPLAY PAGE 9
Meridian City Council Meeting Agenda January 8, 2019 – Page 117 of 363
cases have acrylic tops of varied sizes including: 3'/z' tall, 3' tall, 2'/z' tall, and 2' tall. All display case
bases are 2' wide and 2' deep.
Exhibition Details:
On the third floor of Meridian City Hall, directly across from the Mayor's Office reception area, the
Meridian Arts Commission maintains Initial Point Gallery. The carpeted gallery, filled with natural light,
features about 100 feet of wall space for the display of two-dimensional art, as well as four hand-crafted
display cases for the exhibition of three-dimensional works of art. The Meridian Arts Commission schedules
individual and group exhibits and artists' receptions in the gallery throughout the year. Initial Point
Gallery receptions are held once a month.
In addition to the works of local and regional artists, the gallery has hosted works by nationally- and
internationally -known artists. In 2011, Initial Point Gallery was chosen as one of only five venues
nationwide to host the prestigious traveling show of the National Watercolor Society's 90th Annual
Exhibition.
Initial Point Gallery is free and open to the public any time during normal Meridian City Hall business hours
generally Monday through Friday, 8:00 am to 5:00 pm, excluding holidays.
The gallery has a track system that allows for easy hanging and adjustments. MAC works with a small crew
of volunteers that can help artists with installing and removing their exhibit. The gallery also has space to
display the artist/exhibit statement and price list. The City may promote the artist receptions in the form
of Facebook events, post on community calendar, and/or mention in promotional videos.
MAC requests that artists voluntarily donate to MAC 20% of proceeds from sales of art displayed in Initial
Point Gallery.
Display Categories:
Quarter Gallery wall (hanging/2D display)
Half Gallery wall (hanging/2D display)
Full Gallery wall (hanging/2D display)
Display Cases (31) or small easels)
Special Requests:
Please let us know if one of the following apply to you:
I would like to have local student musicians play at my reception. MAC will try to coordinate
this with the help of a commissioner liaison.
I would like to invite my own musical talent to play at my reception.
I would like to show with a specific individual/individual(s). (Please reference this in your
application.)
Sales:
All sales are managed by the artist directly. Commissioners and City Staff can direct patrons to the artists'
contact information.
Lodging/Transportation:
Artists are responsible for securing their own transportation and lodging.
Timeline:
September 24, 2018 Deadline for Receipt of Applications by Online Juried Shows
October 1 - 5, 2018 Applications juried
October 15, 2018 Notification to artists
February 1, 2019 First monthly exhibit installed
ACCEPTANCE AGREEMENT -INITIAL POINT GALLERY DISPLAY PAGE 9
Meridian City Council Meeting Agenda January 8, 2019 – Page 118 of 363
ACCEPTANCE AGREEMENT:
DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL
This ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT
GALLERY, MERIDIAN CITY HALL ("Agreement") is made on the 8,4` day of anL Ur ,
2019 ("Effective Date"), by and between the City of Meridian, a municipal corporation
organized under the laws of the State of Idaho ("City"), and Mary Gardiner, an individual
person ("Artist"). (City and Artist may hereinafter be collectively referred to as "Parties.")
WHEREAS, the City desires that public art will be a component of Meridian City Hall
by the display of artwork in Initial Point Gallery, an art gallery on the third floor of Meridian
City Hall, the address of which is 33 E. Broadway Ave., Meridian, Idaho ("Initial Point
Gallery");
WHEREAS, the Meridian Arts Commission ("Commission") recommends to the
Meridian City Council that Artist's artwork be displayed in Initial Point Gallery;
WHEREAS, the Meridian City Council accepts such recommendation and directs the
Commission to work with Artist to establish a display of Artist's artwork in Initial Point Gallery;
and
WHEREAS, the Parties acknowledge that Meridian City Hall is primarily a place of
public business, that Initial Point Gallery is a public place, and that while the City seeks to
encourage artistic expression and public dialogue, the City must simultaneously ensure that
Meridian City Hall is a place where citizens, employees, and visitors of diverse ages and
perspectives feel welcome and comfortable;
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency
of which is hereby acknowledged and agreed, and in consideration of the mutual promises and
covenants herein contained, the Parties agree as follows:
I. SCOPE OF SERVICES.
Artist shall personally deliver artwork to Initial Point Gallery, on 5/31/2019, at such time as is
specified by the Gallery Curator. Artist shall be responsible for hanging such artwork on
5/31/2019, at the direction of the Gallery Curator; shall allow the display of such work in Initial
Point Gallery from 5/31/2019 through 6/27/2019, in accordance with the terms of this
Agreement; and shall be responsible for removal of such artwork on 6/28/2019, at such time as is
specified by the Gallery Curator.
II. COMPENSATION AND SALE OF ARTWORK.
A. No compensation. 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.
B. Sale of artwork. Artist may, at the direction of and in the manner established by the
Gallery Curator, passively offer the artwork on display in Initial Point Gallery for sale.
ACCEPTANCE AGREEMENT — INITIAL POINT GALLERY DISPLAY PAGE I
Meridian City Council Meeting Agenda January 8, 2019 — Page 119 of 363
ACCEPTANCE AGREEMENT – INITIAL POINT GALLERY DISPLAY PAGE 2
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. TIME OF PERFORMANCE .
Artist shall provide services described in this Agreement in a timely manner, as described
herein. Artist acknowledges and agrees that time is strictly of the essence with respect to this
Agreement, and that the failure to timely perform any of the obligations hereunder shall
constitute a default of this Agreement.
IV. INSTALLATION .
A. Coordination with Curator. Prior to the installation, removal, replacement, and/or
substitution of the display in Initial Point Gallery or any portion or component thereof,
Artist shall coordinate any and all such activity with the Gallery Curator. Artist shall be
responsible for contacting the Gallery Curator at least thirty (30) days prior prior to the
date of delivery of artwork to Initial Point Gallery to confirm details regarding the
installation, removal, publicity, and promotion of the exhibit . Artist’s failure to
affirmatively contact the Gallery Curator as required by this paragraph shall constitute a
default of this Agreement.
B. Inspection of display. Prior to or after installation, the Gallery Curator and/or the City
may inspect and/or review the artwork proposed by Artist for display in Initial Point
Gallery to ensure compliance with all criteria set forth in the most recent Call to Artists
issued for Initial Point Gallery, and the Application and Acknowledgements Form
completed by Artist, as well as to ensure that such artwork may be safely and
appropriately displayed in Initial Point Gallery. If the Gallery Curator or the City
concludes that the display or any portion or component thereof does not meet the criteria
set forth in these enumerated documents, does not reflect artwork as described to the
Commission or the Gallery Curator, 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.
V. DISPLAY .
A. Original artwork. Artist warrants that any and all artwork provided by Artist for display
in Initial Point Gallery shall be, and is, original work conceived and created by Artist.
Meridian City Council Meeting Agenda January 8, 2019 – Page 120 of 363
ACCEPTANCE AGREEMENT – INITIAL POINT GALLERY DISPLAY PAGE 3
B. Photographs of artwork. City may photograph the artwork displayed in Initial Point
Gallery, as City may desire for purposes of advertising, marketing, and public
information. Where practicable and to the extent of City’s authority, Artist shall be
acknowledged on each such 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 artwork.
C. Use of Artist’s name. Artist hereby conveys to City permission to use Artist’s name for
purposes of advertising, marketing, and public information, without violation of Artist’s
rights of privacy or any other rights Artist may possess under this Agreement, provided
that City shall not use Artist’s logo, if any, for any purpose without the express, written
permission of Artist.
D. Use of City’s name. City hereby conveys to Artist permission to use City’s name for
purposes of advertising, marketing, and public information, without violation of City’s
rights of privacy or any other rights City may possess under this Agreement, provided
that Artist shall not use City’s logo for any purpose without the express, written
permission of the Mayor’s Chief of Staff.
E. Removal of artwork by City. City shall have the right to remove Artist’s artwork from
public display at any time and for any reason. Such removal may be temporary or
permanent in nature. Where such artwork is or is intended to be removed from public
display for longer than forty-eight (48) hours, City shall notify Artist in the manner set
forth herein. While it is intended that Artist’s artwork will be displayed in Initial Point
Gallery for the period set forth herein, this period may be shortened by City for any
reason, without notice to the Artist.
F. Removal of artwork by Artist. Artist shall coordinate with the Gallery Curator the
removal, replacement, and/or substitution of any and all artwork prior to such activity,
whether such activity is necessary due to the sale of a piece or for any other reason.
G. Simultaneous display. City may elect to display the work of more than one Artist or
Organization in Initial Point Gallery at any time, at the City’s sole discretion. The
manner and arrangement of the display(s) in Initial Point Gallery shall be determined by
the Gallery Curator.
VI. INDEMNIFICATION, WAIVER , AND INSURANCE .
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.
B. Waiver. Artist shall, and hereby does, waive any and all claims and recourse against
City, including the right of contribution for loss and damage to persons or property
arising from, growing out of, or in any way connected with or incident to Artist’s
performance of this Agreement, whether such loss or damage may be attributable to
Meridian City Council Meeting Agenda January 8, 2019 – Page 121 of 363
ACCEPTANCE AGREEMENT – INITIAL POINT GALLERY DISPLAY PAGE 4
known or unknown conditions, except for liability arising out of the tortious conduct of
City or its officers, agents or employees.
C. Insurance Artist’s responsibility. City shall not provide insurance to cover loss, theft,
or damage of artwork displayed in Initial Point Gallery or to cover any activity
undertaken by Artist in the furtherance of Artists’ rights or obligations described herein.
Insurance of the artwork; of the Artist’s person, property, or interests; and/or of the
Artist’s employees or agents shall be the sole responsibility of Artist. Artist shall obtain
all necessary insurance as may be required in order to protect Artist’s insurable interests
for its rights and obligations described within this Agreement, including, but not limited
to, liability insurance, automobile insurance, worker’s compensation insurance, and/or
insurance of the artwork to be displayed in Initial Point Gallery. Artist shall bear any and
all risks of, and actual, loss of, theft of, and/or damage to the artwork prepared for,
transported to, transported from, installed or hung in, and/or displayed in Initial Point
Gallery.
VII. TERMINATION .
A. Termination for cause. If City determines that Artist has failed to comply with or is in
default of 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 providing written
notice to the defaulting party of its intent to terminate, and shall specify the grounds for
termination. The defaulting party shall have two (2) calendar days, not including
Sundays or federal holidays, after the other party mails such notice to cure the default. If
the default is not cured within such period, this Agreement shall be terminated
immediately upon mailing of written notice of termination.
B. Termination without cause. City may immediately terminate this Agreement for any
reason at any time without prior notice to Artist.
C. Termination upon death or incapacity of Artist. This Agreement shall automatically
terminate upon the death or incapacity of Artist.
D. Non-waiver. A waiver of any breach or default of any provision of this Agreement shall
not be construed as a waiver of a breach of the same or any other provision hereof.
VIII. GENERAL PROVISIONS .
A. Relationship of Parties. It is the express intention of Parties that Artist is an
independent party and not an employee, agent, joint venturer, or partner of City. Nothing
in this Agreement shall be interpreted or construed as creating or establishing the
relationship of employer and employee between Artist and City or between Artist and
any official, agent, or employee of City. Both parties acknowledge that Artist is not an
Meridian City Council Meeting Agenda January 8, 2019 – Page 122 of 363
ACCEPTANCE AGREEMENT – INITIAL POINT GALLERY DISPLAY PAGE 5
employee of City. Artist shall retain the right to perform services for others during the
term of this Agreement.
B. Compliance with law. Throughout the course of this Agreement, Artist shall comply
with any and all applicable federal, state, and local laws.
C. Non-Discrimination . In fulfilling or exercising any right or obligation under this
Agreement, Artist shall not discriminate against any person as to race, creed, religion,
sex, age, national origin, sexual orientation or any physical, mental, or sensory disability.
D. Entire agreement. This Agreement constitutes the entire understanding between the
Parties. This Agreement supersedes any and all statements, promises, or inducements
made by either party, or agents of either party, whether oral or written, and whether
previous to the execution hereof or contemporaneous herewith. The terms of this
Agreement may not be enlarged, modified or altered except upon written agreement
signed by both parties hereto.
E. Agreement governed by Idaho law . The laws of the State of Idaho shall govern the
validity, interpretation, performance and enforcement of this Agreement. Venue shall be
in the courts of Ada County, Idaho.
F. Cumulative rights and remedies . All rights and remedies herein enumerated shall be
cumulative and none shall exclude any other right or remedy allowed by law. Likewise,
the exercise of any remedy provided for herein or allowed by law shall not be to the
exclusion of any other remedy.
G. Severability. If any provision of this Agreement is found by a court of competent
jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall
not be affected.
H. Successors and assigns. Artist shall not subcontract or assign any of Artist’s obligations
under this Agreement that require or that may require 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:
Artist: City:
Mary Gardiner Hillary Blackstone
5239 S. Pegasus Way Initial Point Gallery Curator
Boise, ID 83716 33 E. Broadway Ave.
Meridian ID 83642
Meridian City Council Meeting Agenda January 8, 2019 – Page 123 of 363
Either party may change its respective mailing address by giving written notice of such
change in the manner herein provided.
tshall be
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J. City Council approval required. The a validity
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conditioned upon City Council action approving
Agreement by the persons referenced below prior to such ratification or ncil appy val.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the
Effective Date written above.
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PAGE 6
ACCEPTANCE AGREEMENT - INITIAL POINT GALLERY DISPLAY
ACCEPTANCE AGREEMENT:
DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL
This ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT
GALLERY, MERIDIAN CITY HALL ("Agreement") is made c the "` day of ,
2019 ("Effective Date"), by and between the City of Meridian, a municipal corporation
organized under the laws of the State of Idaho ("City"), and Gary McCall, an individual person
("Artist"). (City and Artist may hereinafter be collectively referred to as "Parties.")
WHEREAS, the City desires that public art will be a component of Meridian City Hall
by the display of artwork in Initial Point Gallery, an art gallery on the third floor of Meridian
City Hall, the address of which is 33 E. Broadway Ave., Meridian, Idaho ("Initial Point
Gallery");
WHEREAS, the Meridian Arts Commission ("Commission") recommends to the
Meridian City Council that Artist's artwork be displayed in Initial Point Gallery;
WHEREAS, the Meridian City Council accepts such recommendation and directs the
Commission to work with Artist to establish a display of Artist's artwork in Initial Point Gallery;
and
WHEREAS, the Parties acknowledge that Meridian City Hall is primarily a place of
public business, that Initial Point Gallery is a public place, and that while the City seeks to
encourage artistic expression and public dialogue, the City must simultaneously ensure that
Meridian City Hall is a place where citizens, employees, and visitors of diverse ages and
perspectives feel welcome and comfortable;
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency
of which is hereby acknowledged and agreed, and in consideration of the mutual promises and.
covenants herein contained, the Parties agree as follows:
I. SCOPE OF SERVICES.
Artist shall personally deliver artwork to Initial Point Gallery, on 5/31/2019, at such time as is
specified by the Gallery Curator. Artist shall be responsible for hanging such artwork. on
5/31/2019, at the direction of the Gallery Curator shall allow the display of such work in Initial
Point Gallery from 5/31/2019 through 6/27/2019, in accordance with the terms of this
Agreement; and shall be responsible for removal of such artwork on 6/28/2019, at such time as is
specified by the Gallery Curator.
II. COMPENSA'T'ION AND SALE OF ARTwORK.
A. No compensation. 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.
B. Sale of artwork. Artist may, at the direction of and in the manner established by the
Gallery Curator, passively offer the artwork on display in Initial Point. Gallery for sale.
ACCEPTANCE AGREEMENT -INITIAL.PoiNT GALLERY DISPLAY PAGE l
ACCEPTANCE AGREEMENT – INITIAL POINT GALLERY DISPLAY PAGE 2
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. TIME OF PERFORMANCE .
Artist shall provide services described in this Agreement in a timely manner, as described
herein. Artist acknowledges and agrees that time is strictly of the essence with respect to this
Agreement, and that the failure to timely perform any of the obligations hereunder shall
constitute a default of this Agreement.
IV. INSTALLATION .
A. Coordination with Curator. Prior to the installation, removal, replacement, and/or
substitution of the display in Initial Point Gallery or any portion or component thereof,
Artist shall coordinate any and all such activity with the Gallery Curator. Artist shall be
responsible for contacting the Gallery Curator at least thirty (30) days prior prior to the
date of delivery of artwork to Initial Point Gallery to confirm details regarding the
installation, removal, publicity, and promotion of the exhibit . Artist’s failure to
affirmatively contact the Gallery Curator as required by this paragraph shall constitute a
default of this Agreement.
B. Inspection of display. Prior to or after installation, the Gallery Curator and/or the City
may inspect and/or review the artwork proposed by Artist for display in Initial Point
Gallery to ensure compliance with all criteria set forth in the most recent Call to Artists
issued for Initial Point Gallery, and the Application and Acknowledgements Form
completed by Artist, as well as to ensure that such artwork may be safely and
appropriately displayed in Initial Point Gallery. If the Gallery Curator or the City
concludes that the display or any portion or component thereof does not meet the criteria
set forth in these enumerated documents, does not reflect artwork as described to the
Commission or the Gallery Curator, 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.
V. DISPLAY .
A. Original artwork. Artist warrants that any and all artwork provided by Artist for display
in Initial Point Gallery shall be, and is, original work conceived and created by Artist.
Meridian City Council Meeting Agenda January 8, 2019 – Page 126 of 363
ACCEPTANCE AGREEMENT – INITIAL POINT GALLERY DISPLAY PAGE 3
B. Photographs of artwork. City may photograph the artwork displayed in Initial Point
Gallery, as City may desire for purposes of advertising, marketing, and public
information. Where practicable and to the extent of City’s authority, Artist shall be
acknowledged on each such 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 artwork.
C. Use of Artist’s name. Artist hereby conveys to City permission to use Artist’s name for
purposes of advertising, marketing, and public information, without violation of Artist’s
rights of privacy or any other rights Artist may possess under this Agreement, provided
that City shall not use Artist’s logo, if any, for any purpose without the express, written
permission of Artist.
D. Use of City’s name. City hereby conveys to Artist permission to use City’s name for
purposes of advertising, marketing, and public information, without violation of City’s
rights of privacy or any other rights City may possess under this Agreement, provided
that Artist shall not use City’s logo for any purpose without the express, written
permission of the Mayor’s Chief of Staff.
E. Removal of artwork by City. City shall have the right to remove Artist’s artwork from
public display at any time and for any reason. Such removal may be temporary or
permanent in nature. Where such artwork is or is intended to be removed from public
display for longer than forty-eight (48) hours, City shall notify Artist in the manner set
forth herein. While it is intended that Artist’s artwork will be displayed in Initial Point
Gallery for the period set forth herein, this period may be shortened by City for any
reason, without notice to the Artist.
F. Removal of artwork by Artist. Artist shall coordinate with the Gallery Curator the
removal, replacement, and/or substitution of any and all artwork prior to such activity,
whether such activity is necessary due to the sale of a piece or for any other reason.
G. Simultaneous display. City may elect to display the work of more than one Artist or
Organization in Initial Point Gallery at any time, at the City’s sole discretion. The
manner and arrangement of the display(s) in Initial Point Gallery shall be determined by
the Gallery Curator.
VI. INDEMNIFICATION , WAIVER , AND INSURANCE .
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.
B. Waiver. Artist shall, and hereby does, waive any and all claims and recourse against
City, including the right of contribution for loss and damage to persons or property
arising from, growing out of, or in any way connected with or incident to Artist’s
performance of this Agreement, whether such loss or damage may be attributable to
Meridian City Council Meeting Agenda January 8, 2019 – Page 127 of 363
ACCEPTANCE AGREEMENT – INITIAL POINT GALLERY DISPLAY PAGE 4
known or unknown conditions, except for liability arising out of the tortious conduct of
City or its officers, agents or employees.
C. Insurance Artist’s responsibility. City shall not provide insurance to cover loss, theft,
or damage of artwork displayed in Initial Point Gallery or to cover any activity
undertaken by Artist in the furtherance of Artists’ rights or obligations described herein.
Insurance of the artwork; of the Artist’s person, property, or interests; and/or of the
Artist’s employees or agents shall be the sole responsibility of Artist. Artist shall obtain
all necessary insurance as may be required in order to protect Artist’s insurable interests
for its rights and obligations described within this Agreement, including, but not limited
to, liability insurance, automobile insurance, worker’s compensation insurance, and/or
insurance of the artwork to be displayed in Initial Point Gallery. Artist shall bear any and
all risks of, and actual, loss of, theft of, and/or damage to the artwork prepared for,
transported to, transported from, installed or hung in, and/or displayed in Initial Point
Gallery.
VII. TERMINATION .
A. Termination for cause. If City determines that Artist has failed to comply with or is in
default of 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 providing written
notice to the defaulting party of its intent to terminate, and shall specify the grounds for
termination. The defaulting party shall have two (2) calendar days, not including
Sundays or federal holidays, after the other party mails such notice to cure the default. If
the default is not cured within such period, this Agreement shall be terminated
immediately upon mailing of written notice of termination.
B. Termination without cause. City may immediately terminate this Agreement for any
reason at any time without prior notice to Artist.
C. Termination upon death or incapacity of Artist. This Agreement shall automatically
terminate upon the death or incapacity of Artist.
D. Non-waiver. A waiver of any breach or default of any provision of this Agreement shall
not be construed as a waiver of a breach of the same or any other provision hereof.
VIII. GENERAL PROVISIONS .
A. Relationship of Parties. It is the express intention of Parties that Artist is an
independent party and not an employee, agent, joint venturer, or partner of City. Nothing
in this Agreement shall be interpreted or construed as creating or establishing the
relationship of employer and employee between Artist and City or between Artist and
any official, agent, or employee of City. Both parties acknowledge that Artist is not an
Meridian City Council Meeting Agenda January 8, 2019 – Page 128 of 363
ACCEPTANCE AGREEMENT – INITIAL POINT GALLERY DISPLAY PAGE 5
employee of City. Artist shall retain the right to perform services for others during the
term of this Agreement.
B. Compliance with law. Throughout the course of this Agreement, Artist shall comply
with any and all applicable federal, state, and local laws.
C. Non-Discrimination . In fulfilling or exercising any right or obligation under this
Agreement, Artist shall not discriminate against any person as to race, creed, religion,
sex, age, national origin, sexual orientation or any physical, mental, or sensory disability.
D. Entire agreement. This Agreement constitutes the entire understanding between the
Parties. This Agreement supersedes any and all statements, promises, or inducements
made by either party, or agents of either party, whether oral or written, and whether
previous to the execution hereof or contemporaneous herewith. The terms of this
Agreement may not be enlarged, modified or altered except upon written agreement
signed by both parties hereto.
E. Agreement governed by Idaho law . The laws of the State of Idaho shall govern the
validity, interpretation, performance and enforcement of this Agreement. Venue shall be
in the courts of Ada County, Idaho.
F. Cumulative rights and remedies . All rights and remedies herein enumerated shall be
cumulative and none shall exclude any other right or remedy allowed by law. Likewise,
the exercise of any remedy provided for herein or allowed by law shall not be to the
exclusion of any other remedy.
G. Severability. If any provision of this Agreement is found by a court of competent
jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall
not be affected.
H. Successors and assigns. Artist shall not subcontract or assign any of Artist’s obligations
under this Agreement that require or that may require 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:
Artist: City:
Gary McCall Hillary Blackstone
1230 S Broxon St Initial Point Gallery Curator
Boise, ID 83705 33 E. Broadway Ave.
Meridian ID 83642
Meridian City Council Meeting Agenda January 8, 2019 – Page 129 of 363
Either party may change its respective mailing address by giving written notice of such
change in the manner herein provided.
J. City Council approval required. The validity of this Agreement shall be expressly
conditioned upon City Council action approving the Agreement. Execution of this
Agreement by the persons referenced below prior to such ratification or approval shall
not be construed as proof of validity in the absence of Meridian City Council approval.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the
Effective Date written above.
ARTIST:
Chi
Gary Mc all
F MERIDIAN:
BY;
Tammy derd, Mayor
OQopo
AUGUST'
2 City of
IDIANAL-
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/21z 8//,r
90131
Attest;
ACCEPTANCE AGREEMENT— INITIAL POINT GALLERY DISPLAY PAGE 6
ACCEPTANCE AGREEMENT:
DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL
This ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT
GALLERY, MERIDIAN CITY HALL ("Agreement") is made on the PP day o N
2019 ("Effective Date"), by and between the City of Meridian, a municipal corporation J
organized under the laws of the State of Idaho ("City"), and Mark William Watkins, an
individual person ("Artist"). (City and Artist may hereinafter be collectively referred to as
"Parties.")
WHEREAS, the City desires that public art will be a component of Meridian City Hall
by the display of artwork in Initial Point Gallery, an art gallery on the third floor of Meridian
City Hall, the address of which is 33 E. Broadway Ave., Meridian, Idaho ("Initial Point
Gallery");
WHEREAS, the Meridian Arts Commission ("Commission") recommends to the
Meridian City Council that Artist's artwork be displayed in Initial Point Gallery;
WHEREAS, the Meridian City Council accepts such recommendation and directs the
Commission to work with Artist to establish a display of Artist's artwork in Initial Point Gallery;
and
WHEREAS, the Parties acknowledge that Meridian City Hall is primarily a place of
public business, that Initial Point Gallery is a public place, and that while the City seeks to
encourage artistic expression and public dialogue, the City must simultaneously ensure that
Meridian City Hall is a place where citizens, employees, and visitors of diverse ages and
perspectives feel welcome and comfortable;
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency
of which is hereby acknowledged and agreed, and in consideration of the mutual promises and
covenants herein contained, the Parties agree as follows:
I. SCOPE OF SERVICES.
Artist shall personally deliver artwork to Initial Point Gallery, on 6/28/2019, at such time as is
specified by the Gallery Curator. Artist shall be responsible for hanging such artwork on
6/28/2019, at the direction of the Gallery Curator; shall allow the display of such work in Initial
Point Gallery from 6/28/2019 through 8/1/2019, in accordance with the terms of this Agreement;
and shall be responsible for removal of such artwork on 8/2/2019, at such time as is specified by
the Gallery Curator.
II. COMPENSATION AND SALE OF ARTWORK.
A. No compensation. 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.
B. Sale of artwork. Artist may, at the direction of and in the manner established by the
ACCEPTANCE AGREEMENT'- INITIAL.PoiNT GALLERY DISPLAY PAGE 1
ACCEPTANCE AGREEMENT – INITIAL POINT GALLERY DISPLAY P AGE 2
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. TIME OF PERFORMANCE.
Artist shall provide services described in this Agreement in a timely manner, as described
herein. Artist acknowledges and agrees that time is strictly of the essence with respect to this
Agreement, and that the failure to timely perform any of the obligations hereunder shall
constitute a default of this Agreement.
IV. INSTALLATION.
A. Coordination with Curator. Prior to the installation, removal, replacement, and/or
substitution of the display in Initial Point Gallery or any portion or component thereof,
Artist shall coordinate any and all such activity with the Gallery Curator. Artist shall be
responsible for contacting the Gallery Curator at least thirty (30) days prior prior to the
date of delivery of artwork to Initial Point Gallery to confirm details regarding the
installation, removal, publicity, and promotion of the exhibit. Artist’s failure to
affirmatively contact the Gallery Curator as required by this paragraph shall constitute a
default of this Agreement.
B. Inspection of display. Prior to or after installation, the Gallery Curator and/or the City
may inspect and/or review the artwork proposed by Artist for display in Initial Point
Gallery to ensure compliance with all criteria set forth in the most recent Call to Artists
issued for Initial Point Gallery, and the Application and Acknowledgements Form
completed by Artist, as well as to ensure that such artwork may be safely and
appropriately displayed in Initial Point Gallery. If the Gallery Curator or the City
concludes that the display or any portion or component thereof does not meet the criteria
set forth in these enumerated documents, does not reflect artwork as described to the
Commission or the Gallery Curator, 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.
V. DISPLAY.
A. Original artwork. Artist warrants that any and all artwork provided by Artist for display
in Initial Point Gallery shall be, and is, original work conceived and created by Artist.
Meridian City Council Meeting Agenda January 8, 2019 – Page 132 of 363
ACCEPTANCE AGREEMENT – INITIAL POINT GALLERY DISPLAY P AGE 3
B. Photographs of artwork. City may photograph the artwork displayed in Initial Point
Gallery, as City may desire for purposes of advertising, marketing, and public
information. Where practicable and to the extent of City’s authority, Artist shall be
acknowledged on each such 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 artwork.
C. Use of Artist’s name. Artist hereby conveys to City permission to use Artist’s name for
purposes of advertising, marketing, and public information, without violation of Artist’s
rights of privacy or any other rights Artist may possess under this Agreement, provided
that City shall not use Artist’s logo, if any, for any purpose without the express, written
permission of Artist.
D. Use of City’s name. City hereby conveys to Artist permission to use City’s name for
purposes of advertising, marketing, and public information, without violation of City’s
rights of privacy or any other rights City may possess under this Agreement, provided
that Artist shall not use City’s logo for any purpose without the express, written
permission of the Mayor’s Chief of Staff.
E. Removal of artwork by City. City shall have the right to remove Artist’s artwork from
public display at any time and for any reason. Such removal may be temporary or
permanent in nature. Where such artwork is or is intended to be removed from public
display for longer than forty-eight (48) hours, City shall notify Artist in the manner set
forth herein. While it is intended that Artist’s artwork will be displayed in Initial Point
Gallery for the period set forth herein, this period may be shortened by City for any
reason, without notice to the Artist.
F. Removal of artwork by Artist. Artist shall coordinate with the Gallery Curator the
removal, replacement, and/or substitution of any and all artwork prior to such activity,
whether such activity is necessary due to the sale of a piece or for any other reason.
G. Simultaneous display. City may elect to display the work of more than one Artist or
Organization in Initial Point Gallery at any time, at the City’s sole discretion. The
manner and arrangement of the display(s) in Initial Point Gallery shall be determined by
the Gallery Curator.
VI. INDEMNIFICATION, WAIVER, AND INSURANCE.
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.
B. Waiver. Artist shall, and hereby does, waive any and all claims and recourse against
City, including the right of contribution for loss and damage to persons or property
arising from, growing out of, or in any way connected with or incident to Artist’s
Meridian City Council Meeting Agenda January 8, 2019 – Page 133 of 363
ACCEPTANCE AGREEMENT – INITIAL POINT GALLERY DISPLAY P AGE 4
performance of this Agreement, whether such loss or damage may be attributable to
known or unknown conditions, except for liability arising out of the tortious conduct of
City or its officers, agents or employees.
C. Insurance Artist’s responsibility. City shall not provide insurance to cover loss, theft,
or damage of artwork displayed in Initial Point Gallery or to cover any activity
undertaken by Artist in the furtherance of Artists’ rights or obligations described herein.
Insurance of the artwork; of the Artist’s person, property, or interests; and/or of the
Artist’s employees or agents shall be the sole responsibility of Artist. Artist shall obtain
all necessary insurance as may be required in order to protect Artist’s insurable interests
for its rights and obligations described within this Agreement, including, but not limited
to, liability insurance, automobile insurance, worker’s compensation insurance, and/or
insurance of the artwork to be displayed in Initial Point Gallery. Artist shall bear any and
all risks of, and actual, loss of, theft of, and/or damage to the artwork prepared for,
transported to, transported from, installed or hung in, and/or displayed in Initial Point
Gallery.
VII. TERMINATION.
A. Termination for cause. If City determines that Artist has failed to comply with or is in
default of 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 providing written
notice to the defaulting party of its intent to terminate, and shall specify the grounds for
termination. The defaulting party shall have two (2) calendar days, not including
Sundays or federal holidays, after the other party mails such notice to cure the default. If
the default is not cured within such period, this Agreement shall be terminated
immediately upon mailing of written notice of termination.
B. Termination without cause. City may immediately terminate this Agreement for any
reason at any time without prior notice to Artist.
C. Termination upon death or incapacity of Artist. This Agreement shall automatically
terminate upon the death or incapacity of Artist.
D. Non-waiver. A waiver of any breach or default of any provision of this Agreement shall
not be construed as a waiver of a breach of the same or any other provision hereof.
VIII. GENERAL PROVISIONS.
A. Relationship of Parties. It is the express intention of Parties that Artist is an
independent party and not an employee, agent, joint venturer, or partner of City. Nothing
in this Agreement shall be interpreted or construed as creating or establishing the
relationship of employer and employee between Artist and City or between Artist and
any official, agent, or employee of City. Both parties acknowledge that Artist is not an
Meridian City Council Meeting Agenda January 8, 2019 – Page 134 of 363
ACCEPTANCE AGREEMENT – INITIAL POINT GALLERY DISPLAY P AGE 5
employee of City. Artist shall retain the right to perform services for others during the
term of this Agreement.
B. Compliance with law. Throughout the course of this Agreement, Artist shall comply
with any and all applicable federal, state, and local laws.
C. Non-Discrimination. In fulfilling or exercising any right or obligation under this
Agreement, Artist shall not discriminate against any person as to race, creed, religion,
sex, age, national origin, sexual orientation or any physical, mental, or sensory disability.
D. Entire agreement. This Agreement constitutes the entire understanding between the
Parties. This Agreement supersedes any and all statements, promises, or inducements
made by either party, or agents of either party, whether oral or written, and whether
previous to the execution hereof or contemporaneous herewith. The terms of this
Agreement may not be enlarged, modified or altered except upon written agreement
signed by both parties hereto.
E. Agreement governed by Idaho law. The laws of the State of Idaho shall govern the
validity, interpretation, performance and enforcement of this Agreement. Venue shall be
in the courts of Ada County, Idaho.
F. Cumulative rights and remedies. All rights and remedies herein enumerated shall be
cumulative and none shall exclude any other right or remedy allowed by law. Likewise,
the exercise of any remedy provided for herein or allowed by law shall not be to the
exclusion of any other remedy.
G. Severability. If any provision of this Agreement is found by a court of competent
jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall
not be affected.
H. Successors and assigns. Artist shall not subcontract or assign any of Artist’s obligations
under this Agreement that require or that may require 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:
Artist: City:
Mark William Watkins Hillary Blackstone
1222 NW 18th Ave #506 Initial Point Gallery Curator
Portland, OR 97209 33 E. Broadway Ave.
Meridian ID 83642
Meridian City Council Meeting Agenda January 8, 2019 – Page 135 of 363
Either party may change its respective mailing address by giving written notice of such
change in the manner herein provided,
J. City Council approval required. The validity of this Agreement shall be expressly
conditioned upon City Council action approving the Agreement. Execution of this
Agreement by the persons referenced below prior to such ratification or approval shall
not be construed as proof of validity in the absence of Meridian City Council approval.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the
Effective Date written above.
ARTIST:
Mark William Watkins
CITY OF MERIDIAN:
BY:
Tammy d eerd, Mayor
QO�PSED AUGUST Attest:
O �a
City of V o
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IDAHO
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ACCEPTANCE AGREEMENT — INITIAL POINT GALLERY DISPLAY
PAGE 6
ACCEPTANCE AGREEMENT:
DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL
This ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT
GALLERY, MERIDIAN CITY HALL ("Agreement") is made on the 6 day of
2019 ("Effective Date"), by and between the City of Meridian, a municipal corporation
organized under the laws of the State of Idaho ("City"), and Nadene Kranz, an individual
person ("Artist"). (City and Artist may hereinafter be collectively referred to as "Parties.")
WHEREAS, the City desires that public art will be a component of Meridian City Hall
by the display of artwork in Initial Point Gallery, an art gallery on the third floor of Meridian
City Hall, the address of which is 33 E. Broadway Ave., Meridian, Idaho ("Initial Point
Gallery");
WHEREAS, the Meridian. Arts Commission ("Commission") recommends to the
Meridian City Council that Artist's artwork be displayed in Initial Point Gallery;
WHEREAS, the Meridian City Council accepts such recommendation and directs the
Commission to work with Artist to establish a display of Artist's artwork in Initial Point Gallery;
and
WHEREAS, the Parties acknowledge that Meridian City Hall is primarily a place of
public business, that Initial Point Gallery is a public place, and that while the City seeks to
encourage artistic expression and public dialogue, the City must simultaneously ensure that
Meridian City Hall is a place where citizens, employees, and visitors of diverse ages and
perspectives feel welcome and comfortable;
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency
of which is hereby acknowledged and agreed, and in consideration of the mutual promises and
covenants herein contained, the Parties agree as follows:
I. SCOPE OF SERVICES.
Artist shall personally deliver artwork to Initial Point Gallery, on 8/2/2019, at such time as is
specified by the Gallery Curator. Artist shall be responsible for hanging such artwork on
8/2/2019, at the direction of the Gallery Curator; shall allow the display of such work in Initial
Point Gallery from 8/2/2019 through 8/29/2019, in accordance with the terms of this Agreement;
and shall be responsible for removal of such artwork on 8/30/2019, at such time as is specified
by the Gallery Curator.
II. COMPENSATION AND SALE OF ARTWORK.
A. No compensation. 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.
B. Sale of artwork. Artist may, at the direction of and in the manner established by the
Gallery Curator, passively offer the artwork on display in Initial Point. Gallery for sale.
ACCEPTANCE AGREEMENT -INITIAL. POINT GALLERY DISPLAY PAGE I
ACCEPTANCE AGREEMENT – INITIAL POINT GALLERY DISPLAY PAGE 2
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. TIME OF PERFORMANCE .
Artist shall provide services described in this Agreement in a timely manner, as described
herein. Artist acknowledges and agrees that time is strictly of the essence with respect to this
Agreement, and that the failure to timely perform any of the obligations hereunder shall
constitute a default of this Agreement.
IV. INSTALLATION .
A. Coordination with Curator. Prior to the installation, removal, replacement, and/or
substitution of the display in Initial Point Gallery or any portion or component thereof,
Artist shall coordinate any and all such activity with the Gallery Curator. Artist shall be
responsible for contacting the Gallery Curator at least thirty (30) days prior prior to the
date of delivery of artwork to Initial Point Gallery to confirm details regarding the
installation, removal, publicity, and promotion of the exhibit . Artist’s failure to
affirmatively contact the Gallery Curator as required by this paragraph shall constitute a
default of this Agreement.
B. Inspection of display. Prior to or after installation, the Gallery Curator and/or the City
may inspect and/or review the artwork proposed by Artist for display in Initial Point
Gallery to ensure compliance with all criteria set forth in the most recent Call to Artists
issued for Initial Point Gallery, and the Application and Acknowledgements Form
completed by Artist, as well as to ensure that such artwork may be safely and
appropriately displayed in Initial Point Gallery. If the Gallery Curator or the City
concludes that the display or any portion or component thereof does not meet the criteria
set forth in these enumerated documents, does not reflect artwork as described to the
Commission or the Gallery Curator, 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.
V. DISPLAY .
A. Original artwork. Artist warrants that any and all artwork provided by Artist for display
in Initial Point Gallery shall be, and is, original work conceived and created by Artist.
Meridian City Council Meeting Agenda January 8, 2019 – Page 138 of 363
ACCEPTANCE AGREEMENT – INITIAL POINT GALLERY DISPLAY PAGE 3
B. Photographs of artwork. City may photograph the artwork displayed in Initial Point
Gallery, as City may desire for purposes of advertising, marketing, and public
information. Where practicable and to the extent of City’s authority, Artist shall be
acknowledged on each such 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 artwork.
C. Use of Artist’s name. Artist hereby conveys to City permission to use Artist’s name for
purposes of advertising, marketing, and public information, without violation of Artist’s
rights of privacy or any other rights Artist may possess under this Agreement, provided
that City shall not use Artist’s logo, if any, for any purpose without the express, written
permission of Artist.
D. Use of City’s name. City hereby conveys to Artist permission to use City’s name for
purposes of advertising, marketing, and public information, without violation of City’s
rights of privacy or any other rights City may possess under this Agreement, provided
that Artist shall not use City’s logo for any purpose without the express, written
permission of the Mayor’s Chief of Staff.
E. Removal of artwork by City. City shall have the right to remove Artist’s artwork from
public display at any time and for any reason. Such removal may be temporary or
permanent in nature. Where such artwork is or is intended to be removed from public
display for longer than forty-eight (48) hours, City shall notify Artist in the manner set
forth herein. While it is intended that Artist’s artwork will be displayed in Initial Point
Gallery for the period set forth herein, this period may be shortened by City for any
reason, without notice to the Artist.
F. Removal of artwork by Artist. Artist shall coordinate with the Gallery Curator the
removal, replacement, and/or substitution of any and all artwork prior to such activity,
whether such activity is necessary due to the sale of a piece or for any other reason.
G. Simultaneous display. City may elect to display the work of more than one Artist or
Organization in Initial Point Gallery at any time, at the City’s sole discretion. The
manner and arrangement of the display(s) in Initial Point Gallery shall be determined by
the Gallery Curator.
VI. INDEMNIFICATION , WAIVER , AND INSURANCE .
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.
B. Waiver. Artist shall, and hereby does, waive any and all claims and recourse against
City, including the right of contribution for loss and damage to persons or property
arising from, growing out of, or in any way connected with or incident to Artist’s
performance of this Agreement, whether such loss or damage may be attributable to
Meridian City Council Meeting Agenda January 8, 2019 – Page 139 of 363
ACCEPTANCE AGREEMENT – INITIAL POINT GALLERY DISPLAY PAGE 4
known or unknown conditions, except for liability arising out of the tortious conduct of
City or its officers, agents or employees.
C. Insurance Artist’s responsibility. City shall not provide insurance to cover loss, theft,
or damage of artwork displayed in Initial Point Gallery or to cover any activity
undertaken by Artist in the furtherance of Artists’ rights or obligations described herein.
Insurance of the artwork; of the Artist’s person, property, or interests; and/or of the
Artist’s employees or agents shall be the sole responsibility of Artist. Artist shall obtain
all necessary insurance as may be required in order to protect Artist’s insurable interests
for its rights and obligations described within this Agreement, including, but not limited
to, liability insurance, automobile insurance, worker’s compensation insurance, and/or
insurance of the artwork to be displayed in Initial Point Gallery. Artist shall bear any and
all risks of, and actual, loss of, theft of, and/or damage to the artwork prepared for,
transported to, transported from, installed or hung in, and/or displayed in Initial Point
Gallery.
VII. TERMINATION .
A. Termination for cause. If City determines that Artist has failed to comply with or is in
default of 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 providing written
notice to the defaulting party of its intent to terminate, and shall specify the grounds for
termination. The defaulting party shall have two (2) calendar days, not including
Sundays or federal holidays, after the other party mails such notice to cure the default. If
the default is not cured within such period, this Agreement shall be terminated
immediately upon mailing of written notice of termination.
B. Termination without cause. City may immediately terminate this Agreement for any
reason at any time without prior notice to Artist.
C. Termination upon death or incapacity of Artist. This Agreement shall automatically
terminate upon the death or incapacity of Artist.
D. Non-waiver. A waiver of any breach or default of any provision of this Agreement shall
not be construed as a waiver of a breach of the same or any other provision hereof.
VIII. GENERAL PROVISIONS .
A. Relationship of Parties. It is the express intention of Parties that Artist is an
independent party and not an employee, agent, joint venturer, or partner of City. Nothing
in this Agreement shall be interpreted or construed as creating or establishing the
relationship of employer and employee between Artist and City or between Artist and
any official, agent, or employee of City. Both parties acknowledge that Artist is not an
Meridian City Council Meeting Agenda January 8, 2019 – Page 140 of 363
ACCEPTANCE AGREEMENT – INITIAL POINT GALLERY DISPLAY PAGE 5
employee of City. Artist shall retain the right to perform services for others during the
term of this Agreement.
B. Compliance with law. Throughout the course of this Agreement, Artist shall comply
with any and all applicable federal, state, and local laws.
C. Non-Discrimination . In fulfilling or exercising any right or obligation under this
Agreement, Artist shall not discriminate against any person as to race, creed, religion,
sex, age, national origin, sexual orientation or any physical, mental, or sensory disability.
D. Entire agreement. This Agreement constitutes the entire understanding between the
Parties. This Agreement supersedes any and all statements, promises, or inducements
made by either party, or agents of either party, whether oral or written, and whether
previous to the execution hereof or contemporaneous herewith. The terms of this
Agreement may not be enlarged, modified or altered except upon written agreement
signed by both parties hereto.
E. Agreement governed by Idaho law . The laws of the State of Idaho shall govern the
validity, interpretation, performance and enforcement of this Agreement. Venue shall be
in the courts of Ada County, Idaho.
F. Cumulative rights and remedies . All rights and remedies herein enumerated shall be
cumulative and none shall exclude any other right or remedy allowed by law. Likewise,
the exercise of any remedy provided for herein or allowed by law shall not be to the
exclusion of any other remedy.
G. Severability. If any provision of this Agreement is found by a court of competent
jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall
not be affected.
H. Successors and assigns. Artist shall not subcontract or assign any of Artist’s obligations
under this Agreement that require or that may require 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:
Artist: City:
Nadene Kranz Hillary Blackstone
Friday, August 02, 2019 Initial Point Gallery Curator
Boise, ID 83703 33 E. Broadway Ave.
Meridian ID 83642
Meridian City Council Meeting Agenda January 8, 2019 – Page 141 of 363
Ij
�I
Either party i nay change its respective mailing address by giving written notice of such
change in tho manner herein provided.
f
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 �y the persons referenced below prior to such ratification or approval shall
not be const E ed as proof of validity in the absence of Meridian City Council approval.
IN WITNE iS WHEREOF, the parties hereto have executed this Agreement on the
Effective Date writtkn above.
i
ARTIST:
Nadene arz ,
CITY OF ME
BY:
Tammy de Yrd, Mayor
I
�Eo AUGUST Attest;
P �
X19
Q w
V
ACCEVrANCE At
City Council Workshop Meeting Agenda
January 8, 2019
Agenda Item Number: 4 E
Project File Number:
Item Title: Purchase Order Approval for Turnout Gear to
Meeting Notes:
Municipal Emergency Services for the Not -to -Exceed
amount of $50,891.64
I TEM SHEET
C ouncil Agenda I tem - 4.E .
Presenter:
Estimated Time f or P resentation:
Title of I tem - Approval of P urchase O rder for Turnout Gear to M unicipal E mergency
Services for the Not-to-Exceed amount of $50,891.64.
AT TAC HM E NT S:
Description Type Upload D ate
Council Memo Cover Memo 1/2/2019
S igned Requisition and Vendor Q uote Cover Memo 1/2/2019
B udget R eport Cover Memo 1/2/2019
Meridian City Council Meeting Agenda January 8, 2019 – Page 143 of 363
Page 1
Memo
To: C. Jay Coles, City Clerk
From: Sandra Ramirez, Purchasing Specialist
CC: Ken Welborn, Keith Watts
Date: 1/2/2019
Re: January 8th City Council Meeting Agenda Item
The Purchasing Department, on behalf of the Fire Department, respectfully requests that the
following item be placed on the January 8th City Council Consent Agenda for Council’s
consideration.
Approval of Purchase Order for Turnout Gear to Municipal Emergency Services for
the Not-to-Exceed amount of $50,891.64. This Purchase Order is issued in
conjunction with the Sole Source approved by Council on 02/13/2018.
Recommended Council Action: Approval of PO and authorize the Purchasing
Manager to sign for the Not-To-Exceed amount of $50,891.64.
Thank you for your consideration.
City of Meridian
Purchasing Dept.
Meridian City Council Meeting Agenda January 8, 2019 – Page 144 of 363
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City Of Meridian
Detailed Statement of Revenues and Expenditures - Rev and Exp Report - Sandra
2210 - Fire Admin
01 - General Fund
From 10/1/2018 Through 9/30/2019
Amendments
Budget with
Actual
Current Year
Remaining
Budget
Remaining
Budget
Percent of
OPERATING COSTS
54104 Turnout Equipment
99,999.96 0.00 99,999.96 100.00%
0000 NON-DEPARTMENTAL 0.00 1,909.36 (1,909.36)0.00%
Total OPERATING COSTS 99,999.96 1,909.36 98,090.60 98.09%
TOTAL EXPENDITURES 99,999.96 1,909.36 98,090.60 98.09%
Date: 1/2/19 03:36:40 PM Page: 1Meridian City Council Meeting Agenda January 8, 2019 – Page 147 of 363
City Council Workshop Meeting Agenda
January 8, 2019
Agenda Item Number: 4 F
Project File Number:
Item Title: Award of Bid and Approval of Contract to Sonntag
Recreation, LLC
Meeting Notes:
For the "Kleiner Park Band Shell Shade" project for a
Not -to -Exceed amount of $93,995.00
I TEM SHEET
C ouncil Agenda I tem - 4.F.
Presenter: Consent
Estimated Time f or P resentation: Consent
Title of I tem - Award of Bid and Approval of Contract to Sonntag Recreation, L L C for the
“K leiner Park Band Shell S hade” project for a Not-To-E xceed amount of $93,995.00.
AT TAC HM E NT S:
Description Type Upload D ate
Council Memo Cover Memo 1/3/2019
Contract C hecklist Cover Memo 1/3/2019
Contractor S igned Contract Cover Memo 1/3/2019
B andshell Shade B id S et B ackup Material 1/3/2019
Type 15 Spread F ooting B ackup Material 1/3/2019
Meridian City Council Meeting Agenda January 8, 2019 – Page 148 of 363
Page 1
Memo
To: C. Jay Coles, City Clerk
From: Keith Watts, Purchasing Manager
CC: Mike Barton
Date: 1/22019
Re: January 8th City Council Meeting Agenda Item
The Purchasing Department respectfully requests that the following item be placed on the
January 8th City Council Consent Agenda for Council’s consideration.
Award of Bid and Approval of Contract to Sonntag Recreation, LLC for the “Kleiner
Park Band Shell Shade” project for a Not-To-Exceed amount of $93,995.00.
Recommended Council Action: Award of Bid and Approval of Purchase Order
to Sonntag Recreation, LLC for the Not-To-Exceed amount of $93,995.00.
Thank you for your consideration.
City of Meridian
Purchasing Dept.
Meridian City Council Meeting Agenda January 8, 2019 – Page 149 of 363
CONTRACT CHECKLIST
Date: REQUESTING DEPARTMENT
Project Name:
Project Manager: Contract Amount:
Contractor/Consultant/Design Engineer:
Is this a change order? Yes No Change Order No.
Fund: Budget Available ( Purchasing attach report ):
Department Yes No Construction
GL Account FY Budget: Task Order
Project Number: Enhancement: Yes No Professional Service
Equipment
Will the project cross fiscal years? Yes No Grant
Grant #: Wage Determination Received Wage Verification 10 Days prior to bid due date Debarment Status (Federal Funded)
Print and Attach the determination Print, attach and amend bid by addendum (if changed) www.sam.gov Print and attach
Master Agreement Category
(Bid Results Attached) Yes No (Ratings Attached) Yes No Date MSA Roster Approved:
Typical Award Yes No
If no please state circumstances and conclusion:
Date Award Posted: 7 day protest period ends:
PW License Expiration Date: Corporation Status
Insurance Certificates Received (Date): Expiration Date: Rating:
Payment and Performance Bonds Received (Date): Rating:
Builders Risk Ins. Req'd: Yes No
(Only applicabale for projects above $1,000,000)
Reason Consultant Selected 1 Performance on past projects
Check all that apply Quality of work On Budget
On Time Accuracy of Construction Est
2 Qualified Personnel
3 Availability of personnel
4 Local of personnel
Description of negotiation process and fee evaluation:
Date Submitted to Clerk for Agenda: By:
Purchase Order No.: Date Issued: WH5 submitted
(Only for PW Construction Projects)
NTP Date:
Contract Request Checklist.5.24.2016.Final
N/A N/A N/A N/A
Active 034438-B-4 4/19/2019
I. PROJECT INFORMATION
10/26/2018 Parks & Rec
Kleiner Park Band Shell Shade
V. BASIS OF AWARD
12/6/2018 December 12, 2018
IV. GRANT INFORMATION - to be completed only on Grant funded projects
VI. CONTRACTOR / CONSULTANT REQUIRED INFORMATION
January 3, 2019
VIII. AWARD INFORMATION
Approval Date
Enter Supervisor Name Date Approved
VII. TASK ORDER SELECTION (Project Manager to Complete)
Award based on Low Bid Highest Ranked Vendor Selected
$93,995 Mike Barton
If yes, has policy been purchased?
Sonntag Recreation, LLC
III. Contract Type II. BUDGET INFORMATION (Project Manager to Complete)
1
5200
96926
10116.f
TASK ORDER RFP / RFQ BID
Meridian City Council Meeting Agenda January 8, 2019 – Page 150 of 363
CONTRACT FOR PUBLIC WORKS CONSTRUCTION
Kleiner Park Band Shell Shade
PROJECT# 10116.f
THIS CONTBACT FOR PUBLIC WORKS CONSTRUCTION is made this 18th dayof December,2018, and e.nlered into by and between the City of Meridian, a municipal
g9tgi-ati9n_organized under the laws of the State of ldaho, hereinattei r"tr*o to "."ClTY",33 East BroadwayAvenue, Meridia.n,ldaho 80642, ana Sonntig Recieaii;.n. t-t_c,hereinafterreferredtoas"CoNTBACToR,,Whosebusinesi"@
Qir. Salt Lake Citv. UT 84124and whose Public Works Contrictor Licenseffi+4gg-B-
4.
IT.ITRODUCTION
Whereas, the City has a need for services involving Kleiner park Band Shell
Shesle;and
WHEREAS, the Contractor is speciallytrained, experienced and competentto perform and has agreed to provide such servicei;
NOW, THEREFOFIE, in consideration of the mutual promises, covenants,terms and conditions hereinafter contained, the parties agree as follows:
TERMS AND CONDITIONS
1. Scope of Work;
1.1 CONTRACTOR shall perform and furnish to the City upon execution of thisConlract and receipt of the City's written notice to proceed, atl services and work,and comply in all respects,.as specified in the document tiiled "ScoplJ Work" acopy of which is attached hereto as Exhibit "A" and incorporateO ii"r"in by thisreference, together with any amendments that may be agreed to in writing by theparties.
1.2 All documents, drawings and written w_ork product prepared or produced bythe Contractor under this Agreement, including without iimitation electionic oatafiles, are the propertyof the Contractor;providid, however, the Cityshallhave theright to reproduce, publish and use ali such work, or any part thereof, in anymanner and lor anypurposes whatsoever and to auihorize oti.,ers to ao .o. f
"nVsuch work is copyrighrable, the contracror may copyright the;#;;;;;f,i1,"t, ,.to any work which is copyrighted by the Contractoi, inicity r"t"rll, *irlty-fiee,non-exclusive, and irrevocable license to reproduce, publiih anO use su.ir work, orany part thereof, and to authorize others to do so.
.'
1'3 The Contractor shalt provide services and work under this Aqreementconsistent with the requirements and standards establisheJ bt;dil;'6federal,
Kleiner Park Band Shell Shade
Proiecl 101 16.1 Sonntag,lLg page 1 ot 13
Meridian City Council Meeting Agenda January 8, 2019 – Page 151 of 363
2.
Kleiner Park Band Shellshade
Project 10116.f Sonntag, LLC
3
state and city laws, ordinances,...regulalions and resolutions. The Contractorrepresents and warrants that it willperform its work in accoraan"";ith ;;;Jr-Jrvaccepted industry standards and piactices for the profession o1 professions thatare-used in performance of this Agreement and that are in effect at the time ofperformance of this Agreement. Except ror trat-representation and anyrepresentations made or contained in any proposal submitted by the Contracio,and any reports or opinions prepared or iisueit;il;;iihe work performed bythe Contractor under this Agreement, Contractor makes no other warranties, eitherexpress or implied, as part of this Agreement.
1 '4 Services and work provided by the Contractor at the City's request under thisAgreementwill be perforrned in a timety manner in ace,ordance with a Schedule ofwork, which the parties hereto shall igree to. The schedure of wo* *"}l u,revised from time to time upon mutual written consent of the parties. ': )
Consideration
2'1 The Contractor shall be compensated on a NofTo-Exceed basis as providedin Exhibit B "Payment schedule" aflached,hereto and by r.er"r"n." *rju " prrthereof for the Not-To-Exceed amount of $93.g98.00.
2.2 The contractor shall provide the city with a monthry statement andsupporting invoices, as the work warrants, of iees earned and tosts incurredforservices provided during the billing period, w.hic! the city will paywithi, so d"y, "treceipt of a correct invoice and approval by the City. Th6 Citl wif t not withnoldanyFederal or state income taxes oi Social security fax trom
"ny
p"yr.nt made byCity to Contractor under the terms and conditions of this n$eement. payment ofall taxes and other assessments on such sums is ihe"sote ,"rpo#inilitv'otContractor.
2.3.. Except as expressly provided in this Agreement, Contractor shall not beentitled to receive from-the City any additionalc6nsideration-, compensation, salary,yagT, orother type of remuneration for services rendered unddr this &;;;;;tinclu.ding, b-ut not liljfed^to, meals, todging, transportation, drawingr, i"ni"ring.;,mockups- Specifically, Contractor shall not.Ue entitbJ uf virtue oipris ngree;enrto consideration in the form of overtime, health lnsurinCe benefits, rctlr"*"ntbenefits, paid holidays or other paid leaves or aur"nr. of any tvpe oi r<inowhatsoever.
Term:
3'1 .. This agreement shallbecome effective upon execution by both parties, andshall. expire upon (a) completion of the agreed ,pon *oi( p) or unless soonerterminated as provided.in Sections 3.2, 3:3, and bection +'Ubfb* or rnfrr, ,on .other method or time of termination is tisted in ExhibitA. -
page 2 of 13
Meridian City Council Meeting Agenda January 8, 2019 – Page 152 of 363
contractor default in the. performance of this Agreement or materiallyitsprovisionr, 9ity, at ciiy's option, may termiriat" t ir agl"eient bynotification to Contractor.
l'3- .9loqld City failto pay Contractor all or any part of the compensation set forthin Exhibit B of this Agreement on the date due, Contr""toi at the Contractor,soption, may lerminate- this Agreement if the failure iu noi-i.rcdied by ir," citvwithin thirty (30) days from the date payment is due.
4. Termination:
4'1 lf, through any cause, CONTRACTOR, its officers, employees, or agents failsto fulfill in a timely and proper manner its obligations underthi"Ad;;#, violaresany of the covenants, agreements, or stipulitions of this Agre";"nt, f"triti".
"nyrecord or document required to be prepared under this aireemeni,'"ng"g", infraud, dishonesty, or any other aci of misconduct in thj per{ormance of thiscontract, or if the City Council determines that termination ot'tnis Ajreement is inthe best interest of CITY, the CITY shall thereupon have the right toieiminate ttrisAgreement by giving written notice to CoNTRACTOR ot suirr termination anOspecifying the effective dale there_of at least fifteen (15) days Uetore tfre effectivedate of such termination. CONTRACTO.R may terminite ir'ir "g-i";im "t .nytime by giving at least sixty (60) days notice to blry.
ln the event.of any terrnination of this Agreement, all finished or unfinisheddocuments, da.!a, and.rep-o.rtsprepared uv cbrurCniron ,na"ilni. A-greementshall, at the option of the ClrY, become iti property, and CONTRACTOR shall beentitled to receive just and equitable compehsation for
"ny
*or[ sitlstactoritycomplete hereunder.
4'2 Notwithstanding the above, CONTRACTOR shall not be retieved of liability tothe clw fo1 dqqqogs sustained by the crri by virtue "i ;;y ilil of rhisAgreement _by_coNTRAcroR, and tne--crry mly withhod a'ny p"yr"nt, toCONTRACTOR for the.purposes of sehoff until suci time as the exact amount ofdamages due the clTY lrom coNTRACToR is oiierrin"o. ft,ir pior[ion shallsurvive the termination of this agreement and shall not relieve cotiiRACroR ofits liability to the ClTy for damales.
5. lndependent Contractor:
5'1 ln all matters pertaining to this agreement, CONTRACTOR shallbe acting asan independent contractor, and neithe-r corrrrincioR nor any officer, employeeor agent of coNTRAcroR will be deemed an employ"* oi ctti.'dxcept asexpressly provided in Exhibit A, Contractor has no duttiorityo*rpon.ibility toexercise any rights or power vested in th. glt {,J therefore h".;;ilthority tobind or incur any obligation on behalf ot the aity. ilJrelection ano'olJlnation ot
lffi [i+i:'"el of the clTY in the performun"" of rris agreement shan bimade by
Kleiner Park Band Shell Shade
Project 101 16.l Sonntag, LLC page 3 of 13
3.2 Should
breach any of
giving written
Meridian City Council Meeting Agenda January 8, 2019 – Page 153 of 363
6.
5'2 Contractor, its agents, officers, and emptoyees are and at alllimes during theterm of this Agreement shall represent and bonduct themselvei ii No"p".i"rtcontractors and not as employees of the City.
5'3 Contractor shalldetermine the method, details and means of performing thework and services to beprovidgdby Contractor under this Agreement. Contractorshall be responsible to city only foi the requirements ano risults speciiieo in ir,lsAgreement and, except as expressly provided in thii ngieement, shall not besubjected to City's control with res[ect to the physicaiaction oi ".iiriti", orContractor in fulfillment ol this Agreement. lf in the p"rfo*"n.e of this Agreementany.third persons are employed by Contractor, suc'h persons shallU"
"niir"iy "nuexclusively under the direction and supeMsion and control of the Contractor.
Sub-Contractors:
!91trac!gishallrequire that allof its sub-contractors be licensed per State of ldahoStatute # 54-1901
Hemoval of Unsatisfactory Employees:
The Contractor shall only furnish employees who are competent and skilled for workunder this contract. lf, in lhe opinion of the city, an .rpioy", of the contractor isincompetent or disorderly, refuses to perform in accordance with the terms andconditions of the contract, threatens or. uses abusive language whire on cityproperty, or is otherwise unsatisfactory, that employee shall'be iemoved trornailwork under this contract
lndemnilication and lnsurance:
7
8.
8.1 CONTRACTOR shatl indem nify and save and hold harmless CITY and it,selected otficials, otficers,employees , agents, and volunteers from and for any andalllosses, clairns,actions, judgme nts for damages, or injury to persons or propertyand losses and expenses and oth er costs including litigation costs and attorney'sfees, arising out of, resu Iting from, or in connection with the performance of thisAgreement by the CONTRACTOR, its servants , agents,officers, employees,guests, and business invitees, and not caused by or arisi ng out of the tortiousconduct of CITY or its employees.
amounts as follow: General Liability One illion Dollars (g 1,000,000) per incidentor occu rrence, Automobile Liability lnsuran ce One Million Dollars ($1,000,000) perincident or occurrence and Workers'Compensalion I nsurance, in the statuto rylimits as required by law.. The limits of insurance shall not be deemed a limitationof the covenants to indemnify and save and hold harmless CITY; and if ClTybecomes liable for an amount in excess of the insu rance limits, herein provided,CONTRACTOR covenants and agrees to indemnify and save and hold harmlessCITY from and for all such losses, claims,actions, or judgments for damages or
Kleiner Park Band Shell Sh
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injury to persons or. property and other costs, incruding ritigation costs andaftorneys' fees, arising out of, resutting ir;; ,'oi-r="onnecrion with thepedormance ol this Agriement by the cont-ractor orbontractor,s officers, employs,agents, representatives or subcontractors and r*rltirg in or attributable topersonal injury, death, or lTry:_otdestruction 1q tulg-ibr,;
"r
intangibie pr"p"nv,including use of. coNTRAiToR shall piorio" Cj*'with a certificate oflnsurance, or other proof of insurance evioeiicinj-coNrrnncroR,s comprianceYi[ !t'*.requirements of this paragraph. and fite Jr.rr pioli of insurance with the9llv I least ten (10) days prior to-thi o"tu Corti""loffiirr perrormance of it,sobligations under ttris Agreement. rn the event r,L i"riiirnce minimums arechanged, coNTRACToR shafl immediately suomit ;.;f ;; comptiance with thechanged limits. Evidence of all insurance shall ue su6mitteJtortu city purchasing
Lg".rl with.a cop{!g Meridian city Accou;fig,-il E;t Broadway Avenue,Meridian, ldaho 89642.
8.2 lnsurance is to be placed with an ldaho admitted insurer with a Best,s ratingof no less than A-. i
8'3 Any deductibles, self-insured retention, or named insureds must be declaredin wriling and approvgd by the city. At the oprion oiir," citv, either: the insurershall reduce or eliminate such d-eductibles,'selt-insureJretentions or namedinsureds; or the contractor shafl provide'a bonJ, ;rh or ]etter of creditguaranteeing payment of losses and related investigitioni, craim aoministrarionand defense expenses.
8.4 To the eltent of the indemnity in this contract, contractor,s rnsurancecoverage shallbe priTary insurance regarding tn" cityt'"r""t"0 otrir"r., ottil;Hemployees and volunteeis. Any insuraice orlelf-insuiance maintained bythe Cityor the City's elected officers, officials, employees
"ro
*iurj"ers shall be excess ofthe contractor's insurance and snail noi conrribute *it Contrrctor,s insuranceexcept as to the extent of City's negligence.
8.5 The Contractor,s
whom claim is made o
insurer's liability.
insu.rance shall apply separately to each insured againstr suit is brought, except with respect to the rimits ii irre
8'6 All insurance coverages for subcontractors shall be subject to all of theinsurance and indemnity reluirements stated herein.
8'7 The limils of insurance described herein shall not limit the liability of thecontractor and contractor's agents, representatives, employees or subcontractors.
9. Time is of the Essence:
The parties hereto acknowledge and..agree that time is strictty of the essence withrespect to each and every term, conditiin and froririon hereof, and that the failureto timely perform.any of tire obligations rr"ieunb"i srrJll constitute a breach of, anda defaurt under, thisAgreement-by tn" p"rtv r;;ilid to perform.
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10. Bonds:
Payment and Performance Bonds are required on all public Works lmprovementProjects per the ISPWC and the cjtv of rrrlerioian.supplement.l $;;ifuations &Drawings to the lsPwc, which uy tnis r"i"i"n"" are made a part hereof.contractor is required to furnish taitlrful p"*ormanie and p"yrn"ni 6onos in theamount of 100% of the contract price issued by surety ticenseo to oo nusiness inthe state of ldaho with a Best's rating or no l6ss inan R-. ln the event that thecontract is subsequently terminated for failure to perform, tne coniractor and/orsurety will be liable and assessed for any and all coits for thi r"-pio.ur"*ent of thecontracl services.
11. Warranty:
All construction and equipment provided under this agreement shall be warrantedfor 2 years from the date of the City of Meridian ac"eftlnce per the lspw6 and theMeridian supplemental Specifications a oriwinis to ihe lspwc and anymodifications, which by this reference are made a pirt hereof.
All items found to be defective during a warranty inspection and subsequentlycorrected will require an additional two (2) year warranty from the date of City,sacceptance of the corrected work.
12. Changes:
The CITY may, lrom time to time, request changes in the Scope of Work to beperformed hereunder. Such changes, including lnv increase or decrease in theamount of CONTHACTOR'S compensation, whiih are mutuallv
"gr""Judn by andbetween the clrY and coNtRAcToR, urr"rr u" in.orp,ir"teo 'in writtenamendments which shall be executed with tlre r"." tormalitieJ"rli.rir nglemenl.
13. Taxes:
The City of Meridian is exempt from Federaland State taxes and will execute therequired exemption certificates for items pur.rt*"d
"nd
used by th;61t. ltemspurchased by the City and used by a coniractor are subject to Use Tax. Alt othertaxes are the. responsibility of the contractor
"no "r" to be included in theContractor's Bid pricing.
14. llleridianStormwaterSpecifications:
All construction projects require either a storm water poltution prevention plan(swPPP) or an erosion sediment conkol pirn iescil as specitiro irlr," city ofM e ri di a n con struction storm wat"r nr
"n"l Jnil ri-piJg r"rn (csw M p) man u a l. Th ecswMP manual containing the proced;"r ;; gitvJelines can be found at thisaddress:
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Meridian City Council Meeting Agenda January 8, 2019 – Page 156 of 363
15.
16
17.
18.
Contractor shall retain all stormwaterand erosion controldocumentation generatedon site during construction including the SWPPP manual, field inspeciion. anoamendments' Priorlo final acceptance of the job by trre City the contractorshallreturn the lield SWPPP manual and field inslection documents to the City ftrreview. A completed Contractor Request to File Project N.O.T. with the EpA iorrnshall be provided to the City with the documents. These documents shall-beretained, reviewed and approved bythe City priorto finat acceptance of the project.
ACHD:
Contractor shallbe responsible for coordinating with the City to obtain appropriateACHD p_ermit(s) and will reimburse the City forJees, fines, or penalties bitv inir"due to Contractor's violation 9f any ACHfi policy. bity sha[ certify to nCif oifiatcontractor is authorized to obtain a Temporary Highway and Right-or-way usePermit from ACHD on City's behalf. The partiel aclnow'ledge anf agree lrltirre
s99pe- of the agency granted by such certification is limited io, and conterminous
with, the term and scope of this Agreement.
Reports and lnformation:
16.1 At such times and in such lorms as the CITY may require, there shall befurnished to the CITY such slatements, records, reports, data and information asthe clrY may request pertaining to matters covered by this Agreement
16.2 Contractor shall maintain all writings, documents and records prepared orcompiled in conneclion with the performince of this Agreement for a minimum offour (4) years from the termination or completion of-this or Agreement. ihL
includes any handwriting, typewriting, printing, photo static, photoglaphic and every
other means ol recording upon any tangible thing, any form of c-ommunication orrepresentation including letters, words, pictures, sounds or symbols o,
"nycombination thereof.
Audits and lnspections:
At any time during normal business hours and as often as the clry may deemne_cessary, there shall be made available to the CITY lor examination all ofcoNTRAcroR's re.cords with respect to all matters covered uvirrii &;;;;rt.coNTHACToR shail permit the crry to audit, examine, and make "i""ipi, o,transcripts from such records, and to make audits of all conlracts, invoices,materials, payrolls, records of personnel, conditions of employment and other datarelating to all matters covered by this Agreement.
Publication, Reproduction and Use of Materiat:
No material produced in whole or in.part under this Agreement shall be subject tocopyright in the United States or in any other couitry. The ClTy shilt haveunrestricted authority to publish, disclose ind otherwise use, in whole o1, in frrt, unyreports, data or other materials prepared under this Agreement.
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19. Equal Employment Opportunity:
ln performing.!fe work herein, Contractor agrees to comply with the provisions ofTitle Vl and. vll of th.e. Civil Rights Act, Rev6nue snaring'Ao iitlu ii u.s. coo"Section 2176. Specitically, the Contractor agrees not to"discri;i;aie ajainst anyemployee or applicant fo..r employment becauie of race, color, religio;;;;, nationalorigin, age, political affiliation, marital status, or frandicap.' C&iractoi will takeaffirmative action during employment or. training io inrii* tili ;;i;yees aretreated without regard to race, coror, rerigion, s6x, nation"r LrGin fii, poriticaraffiliation, marital status, or handicap. ln-performing the Work-r"qrirJo nereln,CONTRACTOR shallnot unlaMullydiscriminate in vio'iation of invteterit, ,t"t" o1.local law, rule or regulation againsf any person on the basis of ird", roroi, religion,sex, nationalorigin or ancestry, age oi disability.
20. Employment ol Bona Fide ldaho Residents:
Contractor must comply with ldaho State Statute 44-1002 which states that theContractor employ ninety-five percent (95%) bona fide ldaho resiOenis.
21. Advice of Attorney:
Each party warrants .and. represents that in executing this Agreement. It hasreceived independent legaladvice from its attorney's orth-e opportinityto seek suchadvice.
22. Attorney Fees:
Should any litigation be commenced.betwegl the parties hereto concerning thisAgreement, the prevailing parg shall be entitled, in'addition i" "-v "triJi
relief asmay be granted, to court costs and reasonable aitorneys'fees as determined by aCourt of competent jurisdiction. This provision shdl b6 deemed to-Ue a separatecontract between the parties and shall survive any default, termination oi to,t"itrr"of this Agreement.
23. ConstructionandSeverability:
lf any part of this Agreement is held to be invalid or unenforceable, such holding willnot affect the validity or enforceability of any.olher part of tris Alreem;i ,; bng asthe remainder of the Agreement is reasonibty caiauie of .;;[iio; '-'
24. Waiver ol Default:
Waiver of default by either party to this Agreement shall not be deemed to be waiverof any subsequent default. \daiver or bieach ot
"nyiprorision ot ttiis ijreementshall not be deemed to be a waiver of any otn", or itibsequent breacrr, ino srralnot be construed to be a modification ot irre ter;; ;i*,ir Igi."r"u"i uniess tnisAgreement is modified as provided above.
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Project 10116.f Sonntag, LLC pags 8ot 13
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26.
25
27
29.
28.
Entire Agreement:
This Agreement contains the entire agreement of the parties and supersedes anyand allother agreements or understan-dings, orat of wrilten, wr'"trer $revious L g,"
execution hereof or co ntemporaneous helewith.
Assignment:
It is.expressly agreed and understood by the parties hereto, that coNTBAcroBshall-not have the right to assign, transfer, trypdtnecatr or. rlli any of iis ,ijnii unJ",this Agreement except upon the prior express written consent of clry.
Payment Reguest:
Payment requests shall be submitted to City of Meridian through the City's projectmanagement softwarer Tl" Project Manager will compare thiinvoic"
"'giifuiih"Payment Schedule il the Agreement for co-mplian.". 0[on
"pprovalthat the workhas been done and is in compliance with the'Rgreeme-ri,1rre'rrolect rrI"n"g"i;ilrapprove the pay request for processing. City of i/eridian payment terms are Net S0from the date City receives a correct invoiie. Final payinZnt will not be releiseountilthe city has received a tax release from the Tax commission.
Cleanup:
Contractor shall keep the worksite clean and free from debris. At completion ofwork and prior to reque.sting final inspection, the Contractor ihall ,"*or"'rliir".",of waste materials and debris resuriing rrom the work Rnar payment;ira il;,made if cleanup has not been performEO.
Order of Precedence:
The order o.r precedence shall be the contracl agreement, the lnvitation for Biddocument, then the winning bidders submitted bidi;;;;;t.
Compliance with Laws:
ln performing the scope or work required hereunder, coNTRACToH shail comptywith all applicable laws, ordinances, and codes oi Feoeial, stare,
"no-io["rgovemments.
Applicable Law:
This Agreement shall be governed by and construed and enforced in accordancewith the laws of the State of ldaho, airo tre oroinancei ot ir," city of Me6dian.
30.
31
32. Notices:
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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
City of Meridian
Purchasing Manager
33 E Broadway Ave
Meridian, ID 83642
208-489-0417
CONTRACTOR
SONNTAG, LLC
Attn: Jeremiah Webb
4245 Panorama Cir.
Salt Lake City, LIT 84124
Phone: 801-278-9797
Email: jwebb@sonntagrec.com
Idaho Public Works License #034438-b-4
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.
33. Approval Required:
'f his Agreement shall not become effective or binding until approved by the City of
Meridian.
CITY OF MERIDIAN SONNTAGJ RECREATION, LLC
B BY:
TAMMY de� ERD, OR -�
Dated:
Approved by Council: 1 -g -`ZD 1
Dated:
0
Attest; �� 11o�H0UJ
Y
C.JA OES, ITY CLERKL_ P1. Q:
Purchasing Approval
BY:
KEITH WATTS, Purchasing Manager
Dated:: /Z Z6- I
Project Manager
Mike Barton
Kleiner Park Band Shell Shade
Project 10116.f Sonntag, LLC
Depart
BY:
Dated:: (-I-- ( I
page 10 of 13
qty
EXHIBIT A
SCOPE OF WORK
REFEB TO INVITATION TO BID PKS-I908.10116.f
ALL ADDENDUMS, ATTACHMENTS, AND ExHlBlrs inctuded in the
lnvitation to Bid Package # pKS-190g-10116,f, are by this reference
made a pafi hereof.
SPECIFICATIONS / SCOPE OF WORK
All construction work shatt be done in accordance with the current versionof the ldaho Standards for Pubtic Works Construction (lEpWCl, the-2015city of Meridian supplemental specifications to the ts'pwc @;i ;;;Addendums).
Project Scope
The City of Meridian is seeking quotes in to install a shade structure in front of theBandshell in Kleiner Park locateJat t goo North Recoroin e, Meridian, to eso+r. pricingshall include all labo.r
31.a, maleLal required to instatltli. rr',ior structuie u..oroing to theattached drawings. Additionally the contractor srran ue irqriLo t"-t ft;6;ilfiri.r,"in rinrsecurity fencing around the work at all times. The .Jnii..to, is not responsible forincidenlal damage or repairs to the surrounding r"nar."ping, trrf o,
"oncrete
flatwok. Thecontractor is responsible for replacing any contrete thai is;;moved to accommodate thefooting installation. The new
"oncre-t,e
shall matcrr "i-rt.L as reasonably possible inregards to color and finish.
The footing detail is for.pricing reference only and has not been engineered. The contractorshall.include engineering in.Iheir price. up6n succesrrur lJntrr.t award, the contractorshall iniliate engineering to determine the actualfooting size and post diameter. lf there are
:H:,ffi?rl;,jfl rhe baiis of design the contractor lhau suulnir a cr.,.rg.'"der ror
The contractor shall include in their pricing.l4"square support posts- lf, after engineering,the post size increases the contracior snirr suo,iiia-cnlnlf order for consideration.y|;,lrfl"td the contractor shall submit post ano tauiic"ioror choic"r m tn"'city for
Kleiner Park Band Shell Shade
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Meridian City Council Meeting Agenda January 8, 2019 – Page 161 of 363
The contractor will be responsible for obtaining a building permit from the city of Meridian.This project is a "city" priject therefore any permit fees will be waived.
See separate attached documents:
' PLANS NAME By usA shade dated o8-I s-2017 (r pase)
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Exhibit B
MILESTONE I PAYMENT SCHEDULE
Ill"LgF complere compensation for this Agreement shall not exceed
$93,995.00.
A.
Kleiner Park Band Shell Shade
Project 10116.f Sonntag, LLC
Milestone 1 Substantial Completion May 1, 2019
Milestone 2 FinalCompletion May 15,2019
Contract includes furnishing atl labor, m{g{als, equipment, and incidentals as required for theKleiner Park Band Shefl Shade per IFB pKS-1bOd-f'of f o.i
NOT TO EXCEED CONTRACT TOTAL.. ...... $93.9g5O0
by city. The
itemtsa not lo exceed amount.any
wlll contractorthepay onbasedadditional increases or decreases in work
each
Item No.Description Unit Unlt Price
1 L5 1 93,995.00
page 13 ot 13
Contract
Quantitv
Supply, Engineer & lnstall Band Shell Shade
Meridian City Council Meeting Agenda January 8, 2019 – Page 163 of 363
Meridian City Council Meeting Agenda January 8, 2019 – Page 1
6
4
o
f
3
6
3
Meridian City Council Meeting Agenda January 8, 2019 – Page 165 of 363
City Council Workshop Meeting Agenda
January 8, 2019
Agenda Item Number: 4 G
Project File Number:
Item Title: City Financial Report — December 2018
Meeting Notes:
9
I TEM SHEET
C ouncil Agenda I tem - 4.G.
Presenter:
Estimated Time f or P resentation:
Title of I tem - C ity F inancial Report - D ecember 2018
AT TAC HM E NT S:
Description Type Upload D ate
City F inancial Report - November 2018 Cover Memo 1/2/2019
Meridian City Council Meeting Agenda January 8, 2019 – Page 166 of 363
REPORT NAME PAGE #
Investment Graphs 2
WATER - Budget to Actual Comparison 3
WWTP - Budget to Actual Comparison 4
Public Works/Billing Budget to Actual Comparison 5
Enterprise Fund - Budget to Actual Comparison 6
Enterprise Fund - Graphs 7
Utility Sales Revenue Comparison 8
General Fund Expenditures - Budget to Actual Comparison 9
General Fund - Graphs 10
General Fund Revenue - Budget to Actual Comparison 11
Community Development - Forecast 12
Community Development - Budget to Actual Comparison 13
Community Development - Graphs 14
Impact Fund - Summary 15
Overtime Graphs 16
Volunteer Hours 17
Vacant Positions 18
Internal Transfers 19
Revenue & Expense Details 20 - 55
Table of Contents
FINANCE REPORT
November 2018
CITY of MERIDIAN
Month 2 of FY2019 (Oct 1 - Sep 30)
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Meridian City Council Meeting Agenda January 8, 2019 – Page 167 of 363
City of Meridian
Investments and Cash Position
FY2019 for Month Ending 11/30/18
City of Meridian Investment Portfolio
Govern Bonds $24,004,703
Muncipal Bonds $1,128,274
Certif of Deposit $0
Investor Cash $2,560,281
FIB MoneyMarket $1,580,254
Cash $2,788,111
Idaho Bond Fund $20,990,104
Idaho State Pool $52,966,313
0.00%
0.50%
1.00%
1.50%
2.00%
2.50%
3.00%
3.50%
4.00%
4.50%
Yield by Investment Type
$0
$50,000
$100,000
$150,000
$200,000
$250,000
$300,000
General Enterprise
City of Meridian Interest Income by Fund
(GF includes restricted and designated funds)
Total Budget Budget YTD Actual YTD Prior YTD
$-
$10,000,000
$20,000,000
$30,000,000
$40,000,000
$50,000,000
$60,000,000
$70,000,000
General Enterprise Fund
City of Meridian Investment/Cash Balance by Major Fund
(GF includes restricted and designated funds)
FY2019 FY2018
2 of 56 InvestmentsMeridian City Council Meeting Agenda January 8, 2019 – Page 168 of 363
FY19 Public Drinking
Water System
Assessment $105K
City of Meridian
Water Department Incuding PW Admin Costs - Enterprise Fund
Budget to Actual Year to Date Comparisons
FY2019 for Month Ending 11/30/2018
Total Budget Total Budget YTD Actual YTD YTD Variance $ YTD Variance % PYTD Actual PYTD Variance $
WATER OPERATIONS AND MAINTENANCE
Revenue
Water Sales 9,152,804 $ 1,525,467 $ 1,518,024 $ (7,443) $ 0% 1,406,532 $ 111,492 $
Miscellaneous 270,000 $ 45,000 $ 75,187 $ 30,187 $ 67% 76,074 $ (887) $
1/2 Billing/Public Works 589,981 $ 98,330 $ 30,264 $ (68,066) $ -69% 63,737 $ (33,473) $
Total Revenue 10,012,785 $ 1,668,797 $ 1,623,475 $ (45,322) $ -3% 1,546,343 $ (77,132) $
Personnel Costs
Administration 417,585 $ 69,598 $ 42,847 $ 26,751 $ 38% 40,815 $ 2,032 $
Operations 575,876 $ 95,979 $ 92,300 $ 3,680 $ 4% 90,710 $ 1,590 $
Distribution 653,518 $ 108,920 $ 110,708 $ (1,788) $ -2% 101,637 $ 9,071 $
Production 380,520 $ 63,420 $ 47,961 $ 15,459 $ 24% 39,639 $ 8,322 $
Backflow Prevention 127,531 $ 21,255 $ 21,258 $ (2) $ 0% 15,938 $ 5,320 $
1/2 Billing/Public Works 2,330,929 $ 388,488 $ 337,379 $ 51,110 $ 13% 298,161 $ 39,217 $
Total Personnel Costs 4,485,959 $ 747,660 $ 652,451 $ 95,209 $ 13% 586,901 $ 65,551 $
Operating Costs
Administration 597,099 $ 99,517 $ 172,623 $ (73,106) $ -73% 142,346 $ 30,276 $
Operations 847,164 $ 141,194 $ 22,769 $ 118,425 $ 84% 106,021 $ (83,252) $
Distribution 299,728 $ 49,955 $ 38,002 $ 11,953 $ 24% 29,701 $ 8,301 $
Production 1,231,783 $ 205,297 $ 176,049 $ 29,248 $ 14% 128,958 $ 47,091 $
Backflow Prevention 91,214 $ 15,202 $ 2,440 $ 12,762 $ 84% 2,765 $ (325) $
General Fund Transfer 1,283,937 $ 213,990 $ 202,451 $ 11,539 $ 5% 173,332 $ 29,119 $
1/2 Billing/Public Works 1,091,582 $ 181,930 $ 148,122 $ 33,809 $ 19% 118,191 $ 29,931 $
Total Operating Costs 5,442,507 $ 907,085 $ 762,456 $ 144,629 $ 16% 701,315 $ 61,140 $
Operating Income (Loss) 84,318 $ 14,053 $ 208,568 $ 194,515 $ 258,127 $ (49,559) $
Capital Outlay Operations
Administration 172,058 $ 28,676 $ -$ 28,676 $ 100% 8,051 $ (8,051) $
Distribution -$ -$ -$ -$ 63 $ (63) $
Production 140,000 $ 23,333 $ -$ 23,333 $ 100% -$ -$
1/2 Billing/Public Works 25,114 $ 4,186 $ 2,235 $ 1,951 $ 47% -$ 2,235 $
Total Capital Outlay 337,172 $ 56,195 $ 2,235 $ 53,960 $ 96% 8,114 $ (5,879) $
Net Income (Loss) from Operations (252,854) $ (42,142) $ 206,333 $ 248,476 $ 250,013 $ (43,679) $
WATER CONSTRUCTION
Revenue
Residential Assessments 2,843,093 $ 473,849 $ 795,737 $ 321,888 $ 68% 1,022,014 $ (226,277) $
Commercial Assessments 510,485 $ 85,081 $ 49,996 $ (35,085) $ -41% 112,106 $ (62,110) $
Interest 100,000 $ 16,667 $ 57,848 $ 41,181 $ 247% 47,462 $ 10,386 $
Total Revenue 3,453,578 $ 575,596 $ 903,581 $ 327,985 $ 57% 1,181,582 $
Operating Costs 18,000 $ 3,000 $ 1,682 $ 1,318 $ 44% 1,676 $ 7$
Capital Construction Projects 8,902,118 $ 1,483,686 $ 687,390 $ 796,296 $ 54% 963,890 $ (276,499) $
Net Income (Loss) from Construction (5,466,540) $ (911,090) $ 214,508 $ 1,125,598 $ 216,016 $ (1,508) $
Water Department Net Income (Loss) (5,719,394) $ (953,232) $ 420,841 $ 1,374,074 $ 466,029 $ (45,188) $
Budget to Actual Prior Year to Date
3 of 56 Water
Meridian City Council Meeting Agenda January 8, 2019 – Page 169 of 363
City of Meridian
Waste Water Including PW Admin Costs - Enterprise Fund
Budget to Actual Year to Date Comparisons
FY2019 for Month Ending 11/30/2018
Total Budget Total Budget YTD Actual YTD YTD Variance $ YTD Variance % PYTD Actual PYTD Variance $
WASTE WATER OPERATIONS AND MAINTENANCE
Revenue
Utility Sales 15,945,396 $ 2,657,566 $ 2,486,630 $ (170,936) $ -6% 2,408,230 $ 78,400 $
Miscellaneous -$ -$ 3,300 $ 3,300 $ 2,925 $ 375 $
1/2 Billing/Public Works 589,981 $ 98,330 $ 30,264 $ (68,066) $ -69% 63,737 $ (33,473) $
Total Revenue 16,535,377 $ 2,755,896 $ 2,520,194 $ (235,702) $ -9% 2,474,892 $ 45,302 $
Personnel Costs
Administration 378,631 $ 63,105 $ 45,589 $ 17,516 $ 28% 24,838 $ 20,751 $
Treatment Plant 1,506,229 $ 251,038 $ 222,627 $ 28,411 $ 11% 213,176 $ 9,451 $
Collection Lines 552,760 $ 92,127 $ 77,141 $ 14,985 $ 16% 69,923 $ 7,219 $
Pretreatment Division 164,902 $ 27,484 $ 23,851 $ 3,632 $ 13% 23,304 $ 547 $
Lab 462,174 $ 77,029 $ 69,880 $ 7,149 $ 9% 66,967 $ 2,913 $
1/2 Billing/Public Works 2,330,929 $ 388,488 $ 337,379 $ 51,110 $ 13% 298,161 $ 39,217 $
Total Personnel Costs 5,395,625 $ 899,271 $ 776,468 $ 122,803 $ 14% 696,370 $ 80,098 $
Operating Costs
Administration 374,076 $ 62,346 $ 40,879 $ 21,467 $ 34% 45,461 $ (4,582) $
Treatment Plant 2,148,259 $ 358,043 $ 378,806 $ (20,763) $ -6% 226,676 $ 152,130 $
Collection Lines 544,905 $ 90,818 $ 64,336 $ 26,481 $ 29% 25,618 $ 38,718 $
Pretreatment Division 18,885 $ 3,148 $ 1,555 $ 1,593 $ 51% 260 $ 1,295 $
Lab 223,730 $ 37,288 $ 33,405 $ 3,883 $ 10% 39,282 $ (5,877) $
General Fund Transfer 1,283,937 $ 213,990 $ 205,131 $ 8,859 $ 4% 175,949 $ 29,182 $
1/2 Billing/Public Works 1,091,582 $ 181,930 $ 148,122 $ 33,809 $ 19% 118,191 $ 29,931 $
Total Operating Costs 5,685,374 $ 947,562 $ 872,234 $ 75,328 $ 8% 631,437 $ 240,797 $
Operating Income (Loss) 5,454,378 $ 909,063 $ 871,492 $ (37,571) $ -4% 1,147,085 $ (275,593) $
Capital Outlay Operations
Administration 27,831 $ 4,639 $ 6,706 $ (2,068) $ -45% -$ 6,706 $
Treatment Plant -$ -$ -$ -$ 9,346 $ (9,346) $
Collection Lines 62,000 $ 10,333 $ -$ 10,333 $ 100% -$ -$
1/2 Billing/Public Works 25,114 $ 4,186 $ 2,235 $ 1,951 $ 47% -$ 2,235 $
Total Capital Outlay 114,945 $ 19,158 $ 8,941 $ 10,217 $ 53% 9,346 $ (405) $
Net Income (Loss) from Operations 5,339,433 $ 889,905 $ 862,551 $ (27,354) $ 1,137,739 $ (275,187) $
WASTE WATER CONSTRUCTION
Revenue
Residential Assessments 5,596,845 $ 932,808 $ 1,642,932 $ 710,125 $ 76% 2,011,912 $ (368,980) $
Commercial Assessments 958,121 $ 159,687 $ 231,370 $ 71,683 $ 45% 253,343 $ (21,973) $
EPA Compliance Revenue 1,576,515 $ 262,753 $ 262,953 $ 200 $ 0% 248,932 $ 14,021 $
Interest 50,000 $ 8,333 $ 115,757 $ 107,424 $ 1289% 92,840 $ 22,917 $
Total Revenue 8,181,481 $ 1,363,580 $ 2,253,012 $ 889,432 $ 65% 2,607,027 $ (354,015) $
Operating Costs 35,000 $ 5,833 $ 3,365 $ 2,468 $ 42% 3,352 $ 13 $
Capital Construction Projects 34,631,964 $ 5,771,994 $ 2,591,967 $ 3,180,027 $ 55% 3,673,600 $ (1,081,633) $
Net Income (Loss) from Construction (26,485,483) $ (4,414,247) $ (342,320) $ (4,071,928) $ (1,069,924) $ 727,605 $
Waste Water Department Net Income (Loss) (21,146,051) $ (3,524,342) $ 520,232 $ 4,044,573 $ 67,814 $ 452,417 $
Budget to Actual Prior Year to Date
4 of 56 WWTP
Meridian City Council Meeting Agenda January 8, 2019 – Page 170 of 363
City of Meridian
Enterprise Overhead - Public Works/Utility Billing/Environmental Divisions
Budget to Actual Year to Date Comparisons
FY2019 for Month Ending 11/30/2018
Total Budget Total Budget YTD Actual YTD YTD Variance $ YTD Variance % PYTD Actual PTYD Variance $
Revenue
PW Review Fees 400,000 $ 66,667 $ 60,048 $ (6,619) $ -10% 63,664 $ (3,616) $
Utility Billing Fees 779,961 $ 129,994 $ 480 $ (129,514) $ -100% 63,810 $ (63,330) $
Total Revenue 1,179,961 $ 196,660 $ 60,528 $ (136,133) $ -69% 127,474 $ (66,946) $
Personnel Costs 4,661,858 $ 776,976 $ 674,757 $ 102,219 $ 13% 596,323 $ 78,435 $
Operating Expense 2,183,165 $ 363,861 $ 296,211 $ 67,650 $ 19% 236,382 $ 59,828 $
Transfers 230,920 $ 38,487 $ 32,636 $ 5,850 $ 15% 27,264 $ 5,372 $
Total OE 2,414,085 $ 402,348 $ 328,847 $ 73,501 $ 18% 263,647 $ 65,200 $
Total PC & OE 7,075,943 $ 1,179,324 $ 1,003,604 $ 175,720 $ 15% 859,969 $ 143,635 $
Operating Income (Loss) (5,895,982) $ (982,664) $ (943,077) $ 39,587 $ (732,496) $ (210,581) $
Capital Outlay 50,228 $ 8,371 $ 4,470 $ 3,901 $ 47% -$ 4,470 $
Net Income (Loss) (5,946,210) $ (991,035) $ (947,547) $ 43,488 $ (732,496) $ (215,051) $
Budget to Actual Prior Year to Date
5 of 56 PWbilling
Meridian City Council Meeting Agenda January 8, 2019 – Page 171 of 363
City of Meridian
Total Enterprise Fund
Budget to Actual Year to Date Comparisons
FY2019 for Month Ending 11/30/18
Unrestricted Net Position at 9/30/2018 39,509,603 $ PRELIMINARY
Total Budget Total Budget YTD Actual YTD YTD Variance $ YTD Variance % PYTD Actual PYTD Variance $
TOTAL UTILITY OPERATIONS
Operating Revenue
Water Sales 9,152,804 $ 1,525,467 $ 1,518,024 $ (7,443) $ -0.5% 1,406,532 $ 111,492 $
Wastewater Sales 15,945,396 $ 2,657,566 $ 2,486,630 $ (170,936) $ -6.4% 2,408,230 $ 78,400 $
Public Works/Utility Billing 1,179,961 $ 196,660 $ 60,528 $ (136,133) $ -69.2% 127,474 $ (66,946) $
Miscellaneous 270,000 $ 45,000 $ 78,487 $ 33,487 $ 74.4% 78,999 $ (512) $
Total Revenue 26,548,161 $ 4,424,694 $ 4,143,669 $ (281,024) $ -0.5% 4,021,235 $ 122,434 $
Personnel Costs
Water Division 2,155,030 $ 359,172 $ 315,073 $ 44,099 $ 12.3% 288,739 $ 26,334 $
Wastewater Division 3,064,696 $ 510,783 $ 439,089 $ 71,694 $ 14.0% 398,208 $ 40,881 $
Public Works/Utility Billing 4,661,858 $ 776,976 $ 674,757 $ 102,219 $ 13.2% 596,323 $ 78,435 $
Total Personnel Costs 9,881,584 $ 1,646,931 $ 1,428,919 $ 218,012 $ 13.2% 1,283,270 $ 145,649 $
Operating Costs
Water Division 3,066,988 $ 511,165 $ 411,883 $ 99,282 $ 19.4% 409,792 $ 2,091 $
Wastewater Division 3,309,855 $ 551,642 $ 518,981 $ 32,661 $ 5.9% 337,297 $ 181,684 $
Public Works/Utility Billing 2,183,165 $ 363,861 $ 296,244 $ 67,617 $ 18.6% 236,382 $ 59,861 $
Total Operating Costs 8,560,007 $ 1,426,668 $ 1,227,108 $ 199,560 $ 14.0% 983,471 $ 243,637 $
Total PC & OE 18,441,592 $ 3,073,599 $ 2,656,027 $ 417,572 $ 13.6% 2,266,741 $ 389,286 $
Capital Operations 452,117 $ 75,353 $ 11,176 $ 64,177 $ 85.2% 17,461 $ (6,285) $
General Fund Transfer 2,798,794 $ 466,466 $ 440,218 $ 376,546 $
Operations Income (Loss) 4,855,659 $ 809,276 $ 1,047,424 $ 238,148 $ (376,546) $ 1,423,970 $
CONSTRUCTION
Construction Revenue
Residential Assessments 7,173,946 $ 1,195,658 $ 1,668,873 $ 473,215 $ 39.6% 1,745,386 $ (76,513) $
Commercial Assessments 1,468,606 $ 244,768 $ 281,366 $ 36,598 $ 15.0% 365,449 $ (84,083) $
Multi-Family Assessments 1,265,992 $ 210,999 $ 769,796 $ 558,797 $ 264.8% 1,288,540 $ (518,744) $
EPA Compliance Revenue 1,576,515 $ 262,753 $ 262,953 $ 200 $ 0.1% 248,932 $ 14,021 $
Interest 150,000 $ 25,000 $ 173,605 $ 148,605 $ 594.4% 140,302 $ 33,303 $
Total Construction Revenue 11,635,059 $ 1,939,177 $ 3,156,593 $ 1,217,416 $ 62.8% 3,788,609 $ (632,016) $
Operating Costs Construction 53,000 $ 8,833 $ 5,047 $ 3,786 $ 42.9% 5,027 $ 20 $
Capital Construction Projects 43,534,082 $ 7,255,680 $ 3,279,357 $ 3,976,323 $ 54.8% 4,637,490 $ (1,358,132) $
Construction Income (Loss) (31,952,023) $ (5,325,337) $ (127,812) $ 5,197,525 $ (853,908) $ 726,096 $
6 of 56 Enterprise
Meridian City Council Meeting Agenda January 8, 2019 – Page 172 of 363
City of Meridian
Enterprise Fund Graphs
FY2019 for Month Ending 11/30/18
$-
$500,000
$1,000,000
$1,500,000
$2,000,000
$2,500,000
$3,000,000
$3,500,000
FY09 FY10 FY11 FY12 FY13 FY14 FY15 FY16 FY17 FY18 FY19
YTD Utility Connection / Assessment Revenue
Water Connection Revenue Sewer Connection Revenue
Comparison is for same month each year
7 of 56 EnterGraphs
Meridian City Council Meeting Agenda January 8, 2019 – Page 173 of 363
8 of 56 Utility
Meridian City Council Meeting Agenda January 8, 2019 – Page 174 of 363
City of Meridian
General Fund
Budget to Actual Year to Date Comparisons
FY2019 for Month Ending 11/30/2018
Total Budget Total Budget YTD Actual YTD YTD Variance $ YTD Variance % PYTD Actual PYTD Variance $
POLICE
PC 16,976,274 $ 2,829,379 $ 2,631,642 $ 197,737 $ 7% 2,246,231 $ 385,411 $
OE 2,812,005 $ 468,667 $ 514,736 $ (46,068) $ -10% 443,232 $ 71,504 $
Total PC and OE 19,788,279 $ 3,298,046 $ 3,146,378 $ 151,668 $ 5% 2,689,463 $ 456,916 $
CO 396,368 $ 66,061 $ 91,457 $ (25,396) $ -38% 49,088 $ 42,369 $
FIRE
PC 11,365,718 $ 1,894,286 $ 1,589,894 $ 304,392 $ 16% 1,605,008 $ (15,114) $
OE 1,430,757 $ 238,460 $ 235,571 $ 2,889 $ 1% 243,551 $ (7,981) $
Total PC and OE 12,796,475 $ 2,132,746 $ 1,825,465 $ 307,281 $ 14% 1,848,560 $ (23,095) $
CO 5,388,145 $ 898,024 $ 66,795 $ 831,229 $ 93% 75 $ 66,721 $
Interfund Transfers 94,480 $ 15,747 $ 12,885 $ 2,862 $ 18% 9,843 $ 3,042 $
PARKS
PC 3,383,728 $ 563,955 $ 426,481 $ 137,474 $ 24% 406,590 $ 19,891 $
OE 2,434,489 $ 405,748 $ 358,764 $ 46,984 $ 12% 315,307 $ 43,457 $
Total PC & OE 5,818,217 $ 969,703 $ 785,245 $ 184,458 $ 19% 721,896 $ 63,349 $
CO 9,094,958 $ 1,515,826 $ 979,422 $ 536,405 $ 35% 653,455 $ 325,966 $
Interfund Transfers 61,194 $ 10,199 $ 8,345 $ 1,854 $ 18% 6,375 $ 1,970 $
ADMINISTRATION
PC 5,543,166 $ 923,861 $ 858,763 $ 65,098 $ 7% 758,780 $ 99,983 $
OE 3,249,538 $ 541,590 $ 470,844 $ 70,746 $ 13% 342,864 $ 127,980 $
Total PC & OE 8,792,703 $ 1,465,451 $ 1,329,606 $ 135,844 $ 9% 1,101,644 $ 227,963 $
CO 780,763 $ 130,127 $ 19,547 $ 110,580 $ 85% -$ 19,547 $
Interfund Transfers (3,013,138) $ (502,190) $ (468,861) $ (33,328) $ 7% (397,220) $ (71,641) $
TOTAL GENERAL FUND
PC 37,268,886 $ 6,211,481 $ 5,506,780 $ 704,701 $ 11% 5,016,608 $ 490,172 $
OE 9,926,789 $ 1,654,465 $ 1,579,915 $ 74,550 $ 5% 1,344,954 $ 234,961 $
Total PC and OE 47,195,674 $ 7,865,946 $ 7,086,694 $ 779,252 $ 10% 6,361,562 $ 725,132 $
CO 15,660,235 $ 2,610,039 $ 1,157,221 $ 1,452,818 $ 56% 702,618 $ 454,603 $
Interfund Transfers (2,857,464) $ (476,244) $ (447,632) $ (28,612) $ 6% (381,003) $ (66,629) $
PC = Personnel Costs OE = Operating Expenses CO = Capital Outlay
NOTE:
~ (01 thru 55 funds) General Fund, Impact Fund, Grant Fund, and Capital Projects Fund
~ Parks trending to underspend Personnel Cost due to seasonal hire in summer months
Budget to Actual Prior Year to Date
9 of 56 GeneralFund
Meridian City Council Meeting Agenda January 8, 2019 – Page 175 of 363
10 of 56 GenFundGraphs
Meridian City Council Meeting Agenda January 8, 2019 – Page 176 of 363
Total General Fund Revenue
Budget to Actual Year to Date Comparisons
FY2019 for Month Ending 11/30/18
Total Budget Total Budget YTD Actual YTD YTD Variance $ YTD Variance % PYTD Actual PYTD Variance $
Property Tax 33,540,850 $ 5,590,142 $ 18,705 $ 5,571,437 $ 100% 58,394 $ (39,690) $
Total Tax Revenue 33,540,850 $ 5,590,142 $ 18,705 $ 5,571,437 $ 100% 58,394 $ (39,690) $
Liquor License 75,000 $ 12,500 $ 1,325 $ 11,175 $ 89% 1,200 $ 125 $
Fire Inspections & Permits -$ -$ 2,203 $ (2,203) $ 1,913 $ 290 $
Dog License 50,000 $ 8,333 $ 3,690 $ 4,644 $ 56% 2,362 $ 1,328 $
Misc. License & Permits 15,000 $ 2,500 $ 899 $ 1,601 $ 64% 1,895 $ (996) $
Total License & Permit Revenue 140,000 $ 23,333 $ 8,117 $ 15,217 $ 65% 7,370 $ 747 $
Grant Revenue 300,000 $ 50,000 $ -$ 50,000 $ 100% -$ -$
State Revenue Sharing 6,671,294 $ 1,111,882 $ -$ 1,111,882 $ 100% -$ -$
State Liquor Revenue 995,406 $ 165,901 $ -$ 165,901 $ 100% -$ -$
Rural Fire 1,294,489 $ 215,748 $ 272,070 $ (56,321) $ -26% 187,800 $ 84,269 $
Meridian Development Corp 25,000 $ 4,167 $ 299,441 $ (295,275) $ -7087% -$ 299,441 $
School Resources 423,516 $ 70,586 $ 4,827 $ 65,759 $ 93% 1,974 $ 2,853 $
Total Intergovernmental Revenue 9,709,705 $ 1,618,284 $ 576,338 $ 1,041,946 $ 64% 189,774 $ 386,564 $
Gas Franchise 700,000 $ 116,667 $ -$ 116,667 $ 100% -$ -$
Cable TV Franchise 200,000 $ 33,333 $ -$ 33,333 $ 100% -$ -$
Electricity Franchise 654,639 $ 109,107 $ -$ 109,107 $ 100% -$ -$
Total Franchise Revenue 1,554,639 $ 259,107 $ -$ 259,107 $ 100% -$ -$
Court Revenue 332,500 $ 55,417 $ 33,194 $ 22,223 $ 40% 37,865 $ (4,671) $
Fines, False Alarm, Restitution & Seizure 5,000$ 833 $ 9,668 $ (8,835) $ -1060% 9,696 $ (28) $
Total Fines & Forfeitures Revenue 337,500 $ 56,250 $ 42,863 $ 13,387 $ 24% 47,561 $ (4,699) $
Charges for Services by Department
Fire -$ -$ 3,638 $ (3,638) $ 9,173 $ (5,535) $
Police 3,000 $ 500 $ 13,048 $ (12,548) $ -2510% 10,960 $ 2,088 $
Parks 978,990 $ 163,165 $ 93,872 $ 69,293 $ 42% 89,267 $ 4,605 $
Admin 109,000 $ 18,167 $ 28,324 $ (10,157) $ -56% 14,797 $ 13,527 $
Total Charges for Services Revenue 1,090,990 $ 181,832 $ 138,882 $ 42,950 $ 24% 124,197 $ 14,685 $
Impact Fees
Impact Fees - Multifamily 314,349 $ 52,392 $ 282,380 $ (229,988) $ -439% 319,948 $ (37,568) $
Impact Fee - Commercial 80,000 $ 13,333 $ 108,345 $ (95,011) $ -713% 23,090 $ 85,254 $
Impact Fee - Residential 2,164,935 $ 360,823 $ 586,947 $ (226,125) $ -63% 523,183 $ 63,764 $
Total Impact Fee Revenue 2,559,284 $ 426,547 $ 977,672 $ (551,124) $ -129% 866,222 $ 111,450 $
Total Donations 38,410 $ 6,402 $ 16,502 $ (10,100) $ -158% 33,591 $ (17,089) $
Interest & Investment Earnings 217,000 $ 36,167 $ 254,087 $ (217,921) $ -603% 126,802 $ 127,285 $
Total Miscellaneous Revenues -$ -$ 17,103 $ (17,103) $ 7,008 $ 10,096 $
Total Revenue 49,188,378 $ 8,198,063 $ 2,050,268 $ 6,147,795 $ 75% 1,460,918 $ 589,350 $
Total General Fund Revenue does not include Community Development Permit Fee Revenue
Budget To Actual Prior Year to Date
Reimbursement
for Pine Ave
Landscaping &
St. Lights
11 of 56 Revenue
Meridian City Council Meeting Agenda January 8, 2019 – Page 177 of 363
City of Meridian
Community Development Services
Year End Change to Fund Balance Forecast
FY2019 for Month Ending 11/30/2018
Total Budget Total Budget YTD Actual YTD Projected
TOTAL DEV. SVCS. REVENUE
Commercial Permits 224,262 $ 293,586 $ 1,761,517 $
All other Permits 798,990 $ 1,003,115 $ 6,018,691 $
Planning Revenue 66,667 $ 66,480 $ 398,880 $
Miscellaneous Revenue -$ 120 $ 720 $
Total Revenues 1,089,918 $ 1,363,301 $ 8,179,808 $
TOTAL DEVELOPMENT SERVICE FUND
Revenue 1,089,918 $ 1,363,301 $ 8,179,808 $
PC 626,492 $ 324,902 $ 1,949,410 $
OE 389,993 $ 536,982 $ 3,221,889 $
Net Operating to Fund Balance 73,433 $ 501,418 $ 3,008,508 $
CO & Interfund Transfers 103,396 $ 12,143 $ 72,860 $
Total Change to Fund Balance (29,962) $ 489,275 $ 2,935,648 $
FY2003 Transfer to Capital Improvement Fund $585,467
FY2004 Transfer to Capital Improvement Fund $799,548
FY2005 Transfer to Capital Improvement Fund $1,897,123
FY2006 Transfer to Capital Improvement Fund $2,815,539
FY2007 Transfer to Capital Improvement Fund $2,172,405
FY2008 Transfer to Capital Improvement Fund $0
FY2009 Transfer to Capital Improvement Fund $0
FY2010 Transfer to Capital Improvement Fund $0
FY2011 Transfer to Capital Improvement Fund $600,722
FY2012 Transfer to Capital Improvement Fund $2,044,914
FY2013 Transfer to Capital Improvement Fund $1,592,539
FY2014 Transfer to Capital Improvement Fund $1,391,676
FY2015 Transfer to Capital Improvement Fund $1,652,245
FY2016 Transfer to Capital Improvement Fund $2,275,054
FY2017 Transfer to Capital Improvement Fund $2,641,404
FY2018 TENTATIVE Transfer $3,354,153
TOTAL $23,822,789
Projected
Transfer
12 of 56 CommDevForecast
Meridian City Council Meeting Agenda January 8, 2019 – Page 178 of 363
City of Meridian
Community Development Services
Budget to Actual Year to Date Comparisons
FY2019 for Month Ending 11/30/2018
Total Budget Total Budget YTD Actual YTD YTD Variance $ YTD Variance % PYTD Actual PYTD Variance $
ADMINISTRATION
Personnel Costs 231,196 $ 38,533 $ 36,580 $ 1,953 $ 5% 9,589 $ 26,991 $
Operating Expenses 110,104 $ 18,351 $ 13,246 $ 5,105 $ 28% 8,533 $ 4,713 $
Total PC & OE 341,300 $ 56,883 $ 49,826 $ 7,057 $ 12% 18,122 $ 31,704 $
Interfund Transfers 93,898 $ 15,650 $ 12,805 $ 2,844 $ 18% 9,782 $ 3,023 $
Fund Balance Transfer 154,040 $ -$ -$
PLANNING
Personnel Costs 838,217 $ 139,703 $ 109,773 $ 29,930 $ 21% 96,988 $ 12,786 $
Operating Expenses 262,543 $ 43,757 $ 22,532 $ 21,225 $ 49% 5,357 $ 17,175 $
Total PC and OE 1,100,760 $ 183,460 $ 132,305 $ 51,155 $ 28% 102,345 $ 29,961 $
BUILDING
Personnel Costs 2,558,140 $ 426,357 $ 171,841 $ 254,516 $ 60% 78,243 $ 93,598 $
Operating Expenses 1,803,209 $ 300,535 $ 498,129 $ (197,594) $ -66% 446,087 $ 52,042 $
Total PC & OE 4,361,349 $ 726,892 $ 669,970 $ 56,922 $ 8% 524,331 $ 145,639 $
Capital Outlay 561,706 $ 93,618 $ 4,730 $ 88,888 $ 95% -$ 4,730 $
Interfund Transfers (63,182) $ (10,530) $ (9,761) $ (769) $ 7% (9,790) $ 29 $
ECONOMIC DEVLP
Personnel Costs 131,397 $ 21,900 $ 6,708 $ 15,192 $ 69% 19,400 $ (12,692) $
Operating Expenses 164,100 $ 27,350 $ 3,074 $ 24,276 $ 89% 3,204 $ (129) $
Total PC & OE 295,497 $ 49,250 $ 9,782 $ 39,468 $ 80% 22,603 $ (12,822) $
Interfund Transfers 27,953 $ 4,659 $ 4,369 $ 290 $ 6% 4,464 $ (95) $
TOTAL DEVELOPMENT SERVICE FUND
Personnel Costs 3,758,950 $ 626,492 $ 324,902 $ 301,590 $ 48% 204,220 $ 120,682 $
Operating Expenses 2,339,956 $ 389,993 $ 536,982 $ (146,989) $ -38% 463,181 $ 73,800 $
Total PC and OE 6,098,906 $ 1,016,485 $ 861,883 $ 154,601 $ 15% 667,401 $ 194,482 $
Capital Outlay 561,706 $ 93,618 $ 4,730 $ 88,888 $ 95% -$ 4,730 $
Interfund Transfers 58,669 $ 9,778 $ 7,413 $ 2,365 $ 24% 4,457 $ 2,957 $
Fund Balance Transfer 154,040 $ -$ -$
NOTE:
Interfund Transfers = 25.42% of City Hall costs transfer to Community Development Services
Budget to Actual Prior Year to Date
13 of 56 CommDevMeridian City Council Meeting Agenda January 8, 2019 – Page 179 of 363
14 of 56 CommDevGraphs
Meridian City Council Meeting Agenda January 8, 2019 – Page 180 of 363
City of Meridian
IMPACT FUND BALANCE as of 11/30/18
Account # Account Description
Total Budget -
Original
Total Budget -
Revised
Current Year
Actual
Budget
Remaining
2110 - Police Department
REVENUES
34777 Impact Rev - Multifamily 29,336 $ -$ 31,220 $ (1,884) $
34780 Commercial Impact Revenue 20,000 $ -$ 26,937 $ (6,937) $
34781 Residential Impact Revenue 166,237 $ -$ 64,893 $ 101,344 $
36100 Interest Earnings -$ -$ 5,437 $ (5,437) $
Total REVENUES 215,573 $ -$ 128,487 $ 87,086 $
55000 Professional Services 6,170 $ -$ 2,265 $ 3,905 $
TOTAL EXPENDITURES 6,170 $ -$ 2,265 $ 3,905 $
2210 - Fire Department
REVENUES
34777 Impact Rev - Multifamily 119,114 $ -$ 95,340 $ 23,774 $
34780 Commercial Impact Revenue 60,000 $ -$ 81,408 $ (21,408) $
34781 Residential Impact Revenue 674,978 $ -$ 198,171 $ 476,807 $
36100 Interest Earnings -$ -$ 21,749 $ (21,749) $
Total REVENUES 854,092 $ -$ 396,668 $ 457,424 $
54000 Equipment & Supplies -$ 20,000 $ -$ 20,000 $
55000 Professional Services 18,840 $ -$ 7,002 $ 11,838 $
92000 Cap Outlay - Bldgs & Structures 3,899,201 $ -$ 55,152 $ 3,844,049 $
94120 Capital - Fire Trucks 660,995 $ -$ 11,643 $ 649,352 $
TOTAL EXPENDITURES 4,579,036 $ 20,000 $ 73,797 $ 4,525,239 $
5200 - Parks & Recreation
REVENUES
34777 Impact Rev - Multifamily 165,899 $ -$ 155,820 $ 10,079 $
34781 Residential Impact Revenue 1,323,720 $ -$ 323,883 $ 999,837 $
36100 Interest Earnings 15,000 $ -$ 27,187 $ (12,187) $
Total REVENUES 1,504,619 $ -$ 506,890 $ 997,729 $
55000 Professional Services 30,800 $ -$ 11,326 $ 19,474 $
55102 Investment Services -$ -$ 380 $ (380) $
93415 Borup Property construction 155,161 $ -$ 10,983 $ 144,178 $
96927 Discovery Park 2,610,096 $ -$ 748,002 $ 1,862,094 $
96929 Hillsdale Park Construction -$ -$ -$
-$
TOTAL EXPENDITURES 2,796,057 $ -$ 770,692 $ 2,025,365 $
TOTAL BUDGETED EXPENDITURES for FY2019 7,381,263 $
Dept
FY2019 beginning
fund balance
FY2019 net
change YTD
Fund Balance
YTD
Police Department $ 1,855,202 126,222 $ 1,981,424 $
Fire Department $ 6,382,796 322,871 $ 6,705,667 $
Parks & Recreation $ 4,844,596 (263,802) $ 4,580,794 $
TOTAL IMPACT FUND BALANCE 13,082,594 $ 185,291 $ 13,267,885 $
15 of 56 ImpactFundMeridian City Council Meeting Agenda January 8, 2019 – Page 181 of 363
16 of 56 OT
Meridian City Council Meeting Agenda January 8, 2019 – Page 182 of 363
City of Meridian
Volunteer Hours
FY2019 for Month Ending 11/30/2018
Prior
MONTH Parks General Police Fire Mayor Comm Dev Clerk Total Year
October 703 41 113 428 366 62 44 1,757 2,015
November 1,190 84 71 65 237 184 33 1,864 1,122
December
January
February
March
April
May
June
July
August
September
TOTAL 1,893 125 184 493 603 246 77 3,621 3,137
GRAND TOTAL YTD 3,621
17 of 56 VolunteersMeridian City Council Meeting Agenda January 8, 2019 – Page 183 of 363
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Me
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Me
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Me
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N
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Ad
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De
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Ma
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As
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Co
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1
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Not yet filled
NI
B
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-
C
A
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n
a
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y
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5
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1
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N
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NI
B
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C
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A
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N
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Po
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2
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N
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Po
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N
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N
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N
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N
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N
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85
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%
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80.20%32,736
Fi
n
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P
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90
,
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7
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0
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3
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6
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83.26%168,490
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)
(
7
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4
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)
83.91%(67,877)
Fi
n
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6
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9
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79.42%(15,009)
Fi
n
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0
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5
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8
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83.13%(82,886)
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25
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5
6
Me
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Bu
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Percent of Budget RemainingPrior Year Actual
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67
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8
0
48
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1
2
11
2
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56
5
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9
8
2
83.38%85,604
IT
1
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7
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0.00%0
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S
0
0
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7
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4
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7
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4
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,
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4
)
0.00%0
IT IT
PE
R
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S
IT
W
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s
1,
0
3
2
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7
9
2
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6
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1
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8
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4
,
7
9
2
8
3
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7
3
%
1
5
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6
7
4
IT
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1
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22
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2
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6
4
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F
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C
A
(
7
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6
5
%
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1
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8
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%
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P
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12
5
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9
7
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6
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6
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0
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8
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4
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IT
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0
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0.00% 0
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0
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5
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0
5
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0.00% 0
IT
L
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r
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IT
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m
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s
0
0
66
66
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6
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0.00%0
IT
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S
1,
5
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12
6
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1
6
1
24
6
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2
2
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2
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3
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9
3
3
83.91%218,042
IT IT
OP
E
R
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f
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7
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%
0
IT
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m
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3
%
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10
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0
IT
F
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s
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s
70
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%
0
IT
B
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IT
V
e
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50
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0
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%
0
IT
V
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50
0
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4
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%
0
IT
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1
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3
7
%
3
8
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4
8
4
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10
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0
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%
0
IT
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l
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5
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7
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4
2
%
6
0
5
IT
S
o
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2
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0
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20
2
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0
6
1
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1
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3
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6
5
%
6
,
2
8
9
IT
F
u
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r
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&
F
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h
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s
5
0
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5
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0
0
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0
0
%
0
IT
C
o
m
p
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&
P
r
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(
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4
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0
0
%
0
IT
P
r
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f
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s
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5
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0
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0
0
%
0
IT
T
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p
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t
16
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8
0
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6
5
1
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0
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9
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4
9
%
2
,
5
4
6
IT
P
o
s
t
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&
M
a
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l
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s
20
0
0
3
9
7
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0
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4
.
9
3
%
0
IT
R
a
d
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s
/
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o
m
m
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4
4
0
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,
2
1
8
8
4
.
5
9
%
2
9
7
IT
C
e
l
l
p
h
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n
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E
x
p
e
n
s
e
4,
8
0
0
0
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7
4
2
4
,
0
5
8
8
4
.
5
4
%
4
7
6
IT
B
u
s
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n
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s
s
M
e
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l
s
10
0
0
0
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1
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1
0
0
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0
0
%
0
IT
M
i
l
e
a
g
e
&
P
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k
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R
e
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m
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r
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e
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e
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t
7
5
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5
7
1
9
4
.
0
0
%
3
2
IT
E
m
p
l
o
y
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e
S
e
m
i
n
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s
/
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r
a
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n
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n
g
3
6
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4
1
2
0
2
,
0
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3
2
,
0
6
3
3
4
,
3
4
9
9
4
.
3
3
%
6
5
0
IT
T
r
a
v
e
l
-
T
r
a
n
s
p
o
r
t
a
t
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o
n
8
,
0
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8
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0
0
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0
.
0
0
%
0
26
o
f
5
6
Me
r
i
d
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a
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C
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t
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C
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M
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A
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d
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y
8
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0
1
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–
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1
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3
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3
Ci
t
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M
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E
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s
Fr
o
m
1
1
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1
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De
p
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De
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r
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To
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Or
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To
t
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Cu
r
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r
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d
Ac
t
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l
Cu
r
r
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t
Y
e
a
r
Ac
t
u
a
l
Bu
d
g
e
t
Re
m
a
i
n
i
n
g
Percent of Budget RemainingPrior Year Actual
IT
T
r
a
v
e
l
-
L
o
d
g
i
n
g
5,
6
0
0
0
0
0
5
,
6
0
0
1
0
0
.
0
0
%
0
IT
T
r
a
v
e
l
-
P
e
r
D
i
e
m
2,
4
0
0
0
0
0
2
,
4
0
0
1
0
0
.
0
0
%
0
IT
D
u
e
s
,
L
i
c
e
n
s
e
s
,
P
u
b
l
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c
a
t
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n
s
5
0
0
0
1
6
1
6
4
8
4
9
6
.
8
3
%
0
IT
H
o
l
i
d
a
y
E
x
p
e
n
s
e
28
5
0
0
0
28
5
100.00%0
IT
T
o
t
a
l
O
P
E
R
A
T
I
N
G
C
O
S
T
S
56
8
,
3
5
9
(6
,
0
0
0
)
17
,
5
5
9
75
,
8
7
8
48
6
,
4
8
2
86.51%49,524
IT IT
Ca
p
i
t
a
l
O
u
t
l
a
y
IT
C
a
p
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t
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l
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C
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p
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r
s
&
P
r
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n
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r
s
1
2
2
,
5
0
0
0
3
,
2
4
9
3
,
2
4
9
1
1
9
,
2
5
1
9
7
.
3
4
%
0
IT
C
a
p
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t
a
l
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C
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m
m
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n
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c
a
t
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n
E
q
u
i
p
m
e
n
t
7
5
,
6
0
0
0
0
0
75
,
6
0
0
100.00%0
IT
T
o
t
a
l
C
a
p
i
t
a
l
O
u
t
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27
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73
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Bu
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m
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g
Percent of Budget RemainingPrior Year Actual
HR
1
5
4
0
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H
u
m
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s
HR
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t
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0
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18
(1
8
)
0.00%10
HR
T
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t
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l
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S
0
0
4
18
(1
8
)
0.00%10
HR HR
PE
R
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T
S
HR
W
a
g
e
s
34
7
,
6
1
8
0
2
5
,
3
9
9
4
8
,
4
7
5
2
9
9
,
1
4
3
8
6
.
0
5
%
4
3
,
4
4
3
HR
W
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/
P
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2
0
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0
0
0
0
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2
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0
0
0
1
0
0
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0
0
%
0
HR
O
v
e
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t
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m
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W
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g
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s
0
0
0
0
0
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0
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%
7
3
HR
F
I
C
A
(
7
.
6
5
%
)
28
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1
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2
0
1
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8
0
7
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4
3
4
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4
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6
8
8
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7
.
7
8
%
3
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1
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1
HR
P
E
R
S
I
41
,
2
3
3
0
2
,
8
7
5
5
,
4
8
7
3
5
,
7
4
6
8
6
.
6
9
%
4
,
9
2
6
HR
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2,
0
8
8
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0
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HR
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1
6
6
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1
8
8
0
6
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3
6
9
2
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9
4
7
1
6
3
,
2
4
1
9
8
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2
2
%
2
0
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3
8
0
HR
M
e
d
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c
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l
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s
0
0
5
,
4
4
8
1
0
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8
9
6
(1
0
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8
9
6
)
0.00% 0
HR
V
i
s
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n
I
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s
P
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m
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m
0
0
6
8
1
3
5
(1
3
5
)
0.00% 0
HR
D
e
n
t
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l
I
n
s
P
r
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m
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s
0
0
3
4
1
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8
1
(6
8
1
)
0.00% 0
HR
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n
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0
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0
0
5
9
5
9
(5
9
)
0.00% 0
HR
L
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r
m
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P
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0
0
7
4
7
4
(7
4
)
0.00% 0
HR
E
A
P
P
r
e
m
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s
0
0
23
23
(2
3
)
0.00%0
HR
T
o
t
a
l
P
E
R
S
O
N
N
E
L
C
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S
T
S
60
5
,
2
4
9
0
42
,
5
2
0
72
,
2
7
0
53
2
,
9
7
9
88.06%71,933
HR HR
OP
E
R
A
T
I
N
G
C
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S
T
S
HR
O
f
f
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5,
0
0
0
0
2
9
4
8
4
6
4
,
1
5
4
8
3
.
0
8
%
9
5
7
HR
C
o
p
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x
p
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n
s
e
4,
8
0
0
0
8
9
5
1
,
4
4
0
3
,
3
6
0
6
9
.
9
9
%
9
6
3
HR
E
m
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R
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n
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t
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e
3
6
0
0
0
0
3
6
0
1
0
0
.
0
0
%
5
0
HR
S
o
f
t
w
a
r
e
M
a
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n
t
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a
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e
1
8
,
0
0
0
0
0
2
0
,
0
4
6
(2
,
0
4
6
)
(11.36)% 13,983
HR
E
l
e
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t
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o
n
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c
s
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x
p
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e
(
u
n
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r
$
5
0
0
0
)
5
0
0
0
0
0
5
0
0
1
0
0
.
0
0
%
5
2
HR
F
u
r
n
i
t
u
r
e
&
F
u
r
n
i
s
h
i
n
g
s
6
,
0
0
0
0
0
0
6
,
0
0
0
1
0
0
.
0
0
%
0
HR
C
o
m
p
u
t
e
r
s
&
P
r
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n
t
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r
s
(
I
T
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o
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l
y
)
7
,
4
5
0
0
0
0
7
,
4
5
0
1
0
0
.
0
0
%
0
HR
P
r
o
f
e
s
s
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o
n
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l
S
e
r
v
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c
e
s
6
0
,
1
5
0
0
9
9
0
9
9
0
5
9
,
1
6
0
9
8
.
3
5
%
0
HR
B
a
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k
g
r
o
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d
/
E
m
p
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m
e
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t
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g
1
1
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5
0
0
0
7
2
6
1
,
0
1
5
1
0
,
4
8
5
9
1
.
1
7
%
3
7
5
HR
T
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l
e
p
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n
e
/
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n
t
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r
n
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t
45
0
0
0
0
4
5
0
1
0
0
.
0
0
%
0
HR
P
o
s
t
a
g
e
&
M
a
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l
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n
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s
40
0
0
3
1
6
3
8
4
9
5
.
9
5
%
4
0
HR
R
a
d
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o
s
/
C
o
m
m
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n
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t
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s
48
0
0
0
0
4
8
0
1
0
0
.
0
0
%
0
HR
C
e
l
l
p
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x
p
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2,
6
0
0
0
1
1
0
2
2
0
2
,
3
8
0
9
1
.
5
3
%
2
2
0
HR
B
u
s
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s
s
M
e
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l
s
10
0
0
0
0
1
0
0
1
0
0
.
0
0
%
0
HR
M
i
l
e
a
g
e
&
P
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k
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R
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e
m
e
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t
1
0
0
0
1
5
1
5
8
5
8
4
.
9
9
%
1
2
HR
E
m
p
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e
m
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/
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1
4
,
0
9
9
0
1
,
0
2
3
1
,
1
2
3
1
2
,
9
7
5
9
2
.
0
3
%
3
7
5
HR
T
r
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v
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T
r
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s
p
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t
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n
5
0
0
0
0
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5
0
0
1
0
0
.
0
0
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0
HR
T
r
a
v
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l
-
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o
d
g
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g
50
0
0
0
0
5
0
0
1
0
0
.
0
0
%
0
HR
T
r
a
v
e
l
-
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D
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m
50
0
0
0
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5
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0
0
.
0
0
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0
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C
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y
T
r
a
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g
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l
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s
5
5
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8
2
8
0
2
,
1
0
5
3
,
8
2
7
5
2
,
0
0
1
9
3
.
1
4
%
4
,
5
2
0
HR
W
e
l
l
n
e
s
s
P
r
o
g
r
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m
17
,
0
0
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0
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4
7
3
,
9
0
7
1
3
,
0
9
3
7
7
.
0
1
%
2
,
2
7
0
HR
A
d
v
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/
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0
,
0
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0
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,
4
2
0
1
,
4
2
0
1
8
,
5
8
0
9
2
.
9
0
%
4
,
5
5
5
HR
P
r
i
n
t
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g
/
B
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n
d
i
n
g
1,
0
0
0
0
0
0
1
,
0
0
0
1
0
0
.
0
0
%
0
HR
D
u
e
s
,
L
i
c
e
n
s
e
s
,
P
u
b
l
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a
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s
9
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2
8
2
0
0
6
7
8
8
,
6
0
4
9
2
.
6
9
%
2
,
5
9
8
30
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f
5
6
Me
r
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d
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a
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C
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y
C
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M
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8
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1
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To
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e
a
r
Ac
t
u
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Bu
d
g
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t
Re
m
a
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n
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n
g
Percent of Budget RemainingPrior Year Actual
HR
H
o
l
i
d
a
y
E
x
p
e
n
s
e
90
0
0
0
9
0
1
0
0
.
0
0
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0
HR
E
m
p
l
o
y
e
e
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d
u
c
a
t
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n
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m
b
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e
m
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t
1
4
,
0
0
0
0
0
0
1
4
,
0
0
0
1
0
0
.
0
0
%
1
,
0
0
0
HR
E
m
p
l
o
y
e
e
L
o
n
g
e
v
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t
y
a
w
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s
5
,
5
0
0
0
0
0
5,
5
0
0
100.00%94
HR
T
o
t
a
l
O
P
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R
A
T
I
N
G
C
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T
S
25
6
,
1
8
9
0
8,
5
2
8
35
,
5
4
3
22
0
,
6
4
6
86.13%32,065
HR HR
Ca
p
i
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y
HR
C
a
p
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7,
5
0
0
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7,
5
0
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100.00%0
HR
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o
t
a
l
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a
p
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t
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u
t
l
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y
7,
5
0
0
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0
0
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5
0
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100.00%0
HR HR
DE
P
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I
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S
86
8
,
9
3
8
0
51
,
0
4
7
10
7
,
8
1
3
76
1
,
1
2
5
87.59%103,998
HR HR
Tr
a
n
s
f
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r
s
HR
P
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(2
4
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1
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)
0
(1
9
,
0
2
1
)
(
3
2
,
1
6
9
)
(
2
1
1
,
7
4
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)
86.81%(35,966)
HR
O
p
e
r
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t
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(1
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7
8
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)
0
(3
,
7
1
8
)
(1
6
,
7
7
0
)
(9
6
,
0
1
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)
85.13%(16,033)
HR
T
o
t
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l
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a
n
s
f
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r
s
(3
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6
,
7
0
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)
0
(2
2
,
7
3
9
)
(4
8
,
9
3
9
)
(3
0
7
,
7
6
3
)
86.28%(51,999)
HR HR
TO
T
A
L
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X
P
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N
D
I
T
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S
51
2
,
2
3
6
0
28
,
3
0
8
58
,
8
7
5
45
3
,
3
6
1
88.50%51,999
31
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f
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r
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Percent of Budget RemainingPrior Year Actual
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9
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Ot
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7
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Ot
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Ot
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Ot
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Ot
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7
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Ot
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Ot
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8
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9
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3
5
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20
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94
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5
19
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8
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6
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3.78%97,144
Ot
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N
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S
42
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9
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30
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13
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8
23
9
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9
3
6
43
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0
5
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6
6
3
99.45%155,573
Ot
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22
6
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8
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6
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8
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7
0
3
8
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8
3
%
1
8
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6
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4
Ot
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6
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2
6
6
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7
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7
6
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7
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Ot
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(
7
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17
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27
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Ot
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32
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84.02%27,568
Ot
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0
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5
9
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Ot
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0
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7
6
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6
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Ot
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5
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5
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6
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2
Ot
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30
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Ot
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9
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7
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7
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3
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Ot
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9
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Ot
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1
6
6
5
6
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7
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%
3
3
Ot
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40
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36
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0
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%
2
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Ot
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0
Ot
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Ot
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4
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9
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To
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Percent of Budget RemainingPrior Year Actual
Ot
h
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t
A
l
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m
b
a
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e
64
,
2
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9
0
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8
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1
5
7
7
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19
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0
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15
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3
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7
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0
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0
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0
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0
0
2
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3
7
7
4
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7
5
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(4
,
7
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0.00% 0
Ci
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Ci
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4
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Ci
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3
4
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4
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Ci
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0
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12
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Ci
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7
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1
3
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2
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9
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84.99%11,209
Ci
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4
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4
Ci
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12
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0
7
7
Ci
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0
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0
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9
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7
4
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0
Ci
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9
7
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Ci
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Ci
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9
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6
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Ci
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7
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6
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7
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3
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2
9
8
.
2
6
%
6
5
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Ci
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4,
0
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4
9
3
,
9
5
1
9
8
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7
7
%
0
Ci
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5
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3
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0
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0
Ci
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F
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3
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7
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2
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8
2
%
0
Ci
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H
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3
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2
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3
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3
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8
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1
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8
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7
7
Ci
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Percent of Budget RemainingPrior Year Actual
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Ci
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15
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Ci
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3
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3
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40
0
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1
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45
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56
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33
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Ci
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6
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27
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26
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Ci
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59
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0
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Percent of Budget RemainingPrior Year Actual
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60
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18
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22
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14
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Co
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Co
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12
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77.05%463,181
Co
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Ca
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23
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42
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55
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5,
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6
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9
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Co
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3
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4
87.01%8,334
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58
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51
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Co
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Percent of Budget RemainingPrior Year Actual
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s
0
0
8
,
7
1
4
9
,
5
3
4
(9
,
5
3
4
)
0.00% 10,060
Po
l
i
c
e
C
o
u
r
t
R
e
v
e
n
u
e
33
2
,
5
0
0
0
3
3
,
1
9
4
3
3
,
1
9
4
2
9
9
,
3
0
6
9
0
.
0
1
%
3
7
,
8
6
5
Po
l
i
c
e
R
e
s
t
i
t
u
t
i
o
n
0
0
2
4
7
3
3
6
(3
3
6
)
0.00% 831
Po
l
i
c
e
S
t
a
t
e
D
r
u
g
S
e
i
z
u
r
e
R
e
v
e
n
u
e
0
0
2
8
0
2
8
0
(2
8
0
)
0.00% 2,100
Po
l
i
c
e
S
c
h
o
o
l
R
e
s
o
u
r
c
e
R
e
v
e
n
u
e
4
2
3
,
5
1
6
0
4
,
8
2
7
4
,
8
2
7
4
1
8
,
6
8
9
9
8
.
8
6
%
1
,
9
7
4
Po
l
i
c
e
R
e
n
t
a
l
I
n
c
o
m
e
3,
0
0
0
0
1
1
8
1
,
0
1
4
1
,
9
8
6
6
6
.
2
1
%
9
0
0
Po
l
i
c
e
I
m
p
a
c
t
R
e
v
-
M
u
l
t
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f
a
m
i
l
y
2
9
,
3
3
6
0
1
7
,
8
4
0
3
1
,
2
2
0
(1
,
8
8
4
)
(6.42)% 29,858
Po
l
i
c
e
I
m
p
a
c
t
R
e
v
-
C
o
m
m
e
r
c
i
a
l
2
0
,
0
0
0
0
4
,
8
2
1
2
6
,
9
3
7
(6
,
9
3
7
)
(34.68)% 4,490
Po
l
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c
e
I
m
p
a
c
t
R
e
v
-
R
e
s
i
d
e
n
t
i
a
l
1
6
6
,
2
3
7
0
3
2
,
5
5
8
6
4
,
8
9
3
1
0
1
,
3
4
4
6
0
.
9
6
%
4
0
,
1
7
3
Po
l
i
c
e
D
o
n
a
t
i
o
n
s
(
p
l
u
s
p
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o
j
e
c
t
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o
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e
)
0
1
0
,
0
0
0
0
0
1
0
,
0
0
0
1
0
0
.
0
0
%
1
,
1
4
5
Po
l
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c
e
T
r
a
i
n
i
n
g
C
l
a
s
s
R
e
v
e
n
u
e
0
0
2
,
5
0
0
2
,
5
0
0
(2
,
5
0
0
)
0.00% 0
Po
l
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c
e
M
i
s
c
e
l
l
a
n
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o
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s
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e
v
e
n
u
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s
0
0
1
6
,
5
7
0
1
6
,
5
7
0
(1
6
,
5
7
0
)
0.00% 788
Po
l
i
c
e
F
i
n
e
s
,
F
o
r
f
e
i
t
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v
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n
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e
s
5
,
0
0
0
0
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1
2
0
4
,
2
3
0
7
7
0
1
5
.
4
0
%
1
,
9
7
5
Po
l
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c
e
I
n
t
e
r
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s
t
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a
r
n
i
n
g
s
0
0
2
,
6
3
7
5
,
4
3
7
(5
,
4
3
7
)
0.00% 0
Po
l
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c
e
S
a
l
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o
f
A
s
s
e
t
s
-
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a
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n
(
L
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s
s
)
0
0
0
0
0 0.00%5,940
Po
l
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c
e
T
o
t
a
l
R
E
V
E
N
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S
1,
0
2
9
,
5
8
9
10
,
0
0
0
13
0
,
4
4
4
20
9
,
4
5
7
83
0
,
1
3
2
79.85%145,225
Po
l
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c
e
Po
l
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c
e
PE
R
S
O
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N
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L
C
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S
Po
l
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c
e
W
a
g
e
s
11
,
0
9
5
,
5
9
3
0
8
8
2
,
7
6
5
1
,
6
9
3
,
0
0
5
9
,
4
0
2
,
5
8
8
8
4
.
7
4
%
1
,
4
1
8
,
9
8
5
Po
l
i
c
e
K
-
9
W
a
g
e
s
50
,
6
2
5
0
4
,
3
0
0
8
,
4
6
1
4
2
,
1
6
4
8
3
.
2
8
%
7
,
3
3
9
Po
l
i
c
e
W
a
g
e
s
-
S
e
a
s
o
n
a
l
/
P
a
r
t
t
i
m
e
1
9
,
5
1
4
0
1
,
9
1
4
3
,
3
8
8
1
6
,
1
2
6
8
2
.
6
3
%
3
,
4
8
7
Po
l
i
c
e
O
v
e
r
t
i
m
e
W
a
g
e
s
64
0
,
9
8
9
0
5
4
,
5
5
5
1
2
4
,
7
6
0
5
1
6
,
2
2
9
8
0
.
5
3
%
1
2
1
,
0
3
0
Po
l
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c
e
U
n
i
f
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m
A
l
l
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w
a
n
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e
13
5
,
9
0
0
0
0
1
1
7
,
4
4
3
1
8
,
4
5
7
1
3
.
5
8
%
1
1
1
,
8
5
0
Po
l
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c
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F
I
C
A
(
7
.
6
5
%
)
91
3
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6
1
1
0
6
9
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4
1
2
1
4
3
,
3
7
8
7
7
0
,
2
3
3
8
4
.
3
0
%
1
2
2
,
2
5
5
Po
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P
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I
1,
4
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8
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5
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7
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5
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2
4
8
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0
2
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8
5
.
5
5
%
1
7
9
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5
8
2
Po
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r
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r
s
'
C
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p
38
1
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5
7
7
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3
8
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5
7
7
1
0
0
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0
0
%
0
Po
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m
p
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e
B
e
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f
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2
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2
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7
0
0
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3
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6
5
5
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2
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2
6
3
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8
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9
9
.
3
0
%
2
8
1
,
7
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4
Po
l
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M
e
d
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c
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l
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n
s
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P
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m
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m
s
0
0
1
4
0
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2
1
3
2
8
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,
5
0
5
(2
8
1
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5
0
5
)
0.00% 0
Po
l
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V
i
s
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n
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n
s
P
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m
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m
0
0
1
,
8
4
1
3
,
6
8
2
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6
8
2
)
0.00% 0
Po
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D
e
n
t
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s
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r
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m
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s
0
0
1
1
,
3
5
0
2
2
,
7
0
0
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2
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7
0
0
)
0.00% 0
Po
l
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c
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L
i
f
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r
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m
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m
s
0
0
1
,
5
1
6
1
,
5
1
6
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5
1
6
)
0.00% 0
Po
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h
o
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m
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P
r
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m
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m
s
0
0
2
,
0
5
7
2
,
0
5
7
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,
0
5
7
)
0.00% 0
Po
l
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c
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L
o
n
g
T
e
r
m
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s
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P
r
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m
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s
0
0
2
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5
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5
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)
0.00% 0
Po
l
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A
P
P
r
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m
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m
s
0
0
53
7
53
7
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3
7
)
0.00%0
Po
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o
t
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S
16
,
9
7
6
,
2
7
4
0
1,
2
8
4
,
8
0
4
2,
6
3
1
,
6
4
2
14
,
3
4
4
,
6
3
1
84.50%2,246,231
Po
l
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c
e
Po
l
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c
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OP
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Po
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f
f
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x
p
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n
s
e
32
,
5
2
6
0
2
,
9
7
1
5
,
7
8
5
2
6
,
7
4
1
8
2
.
2
1
%
3
,
6
6
6
Po
l
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c
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C
o
p
i
e
r
E
x
p
e
n
s
e
21
,
3
0
6
0
1
,
4
9
7
3
,
2
4
2
1
8
,
0
6
4
8
4
.
7
8
%
3
,
5
7
8
Po
l
i
c
e
E
m
p
l
o
y
e
e
R
e
c
o
g
n
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t
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a
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d
C
o
f
f
e
e
9
,
7
7
5
0
6
7
6
1
,
1
0
6
8
,
6
6
9
8
8
.
6
8
%
7
8
5
Po
l
i
c
e
J
a
n
i
t
o
r
i
a
l
60
,
3
9
0
0
4
,
6
5
8
4
,
6
5
8
5
5
,
7
3
2
9
2
.
2
8
%
9
,
3
1
6
Po
l
i
c
e
S
a
f
e
t
y
E
x
p
e
n
s
e
3,
6
8
4
0
0
1
3
9
3
,
5
4
5
9
6
.
2
2
%
1
9
5
Po
l
i
c
e
S
h
o
p
S
u
p
p
l
i
e
s
2,
0
0
0
0
0
1
,
4
7
5
5
2
5
2
6
.
2
2
%
5
3
8
38
o
f
5
6
Me
r
i
d
i
a
n
C
i
t
y
C
o
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n
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8
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f
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Fr
o
m
1
1
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To
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t
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Bu
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a
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g
Percent of Budget RemainingPrior Year Actual
Po
l
i
c
e
F
u
e
l
s
-
G
a
s
28
8
,
0
0
0
0
1
7
,
7
0
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3
8
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3
6
8
2
4
9
,
6
3
2
8
6
.
6
7
%
1
5
,
5
0
7
Po
l
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l
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h
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x
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e
10
7
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4
8
0
0
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4
6
0
7
,
6
3
3
9
9
,
8
4
7
9
2
.
8
9
%
1
6
,
1
5
3
Po
l
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c
e
M
e
d
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c
a
l
S
u
p
p
l
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e
s
4,
0
5
0
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0
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7
5
3
,
1
7
5
7
8
.
3
9
%
1
4
,
1
1
8
Po
l
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a
t
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x
p
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e
1,
8
0
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8
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0
0
%
0
Po
l
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c
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n
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s
t
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g
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t
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n
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x
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s
1
1
,
0
0
0
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8
4
4
2
,
4
0
3
8
,
5
9
7
7
8
.
1
5
%
8
4
8
Po
l
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c
e
K
-
9
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x
p
e
n
s
e
s
6,
0
0
0
7
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0
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3
7
8
4
4
1
2
,
1
5
6
9
3
.
5
0
%
3
,
7
9
5
Po
l
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c
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C
o
m
m
u
n
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t
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v
e
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x
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s
1
1
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9
0
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9
6
1
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1
9
0
1
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,
7
1
0
8
9
.
9
9
%
1
,
7
2
5
Po
l
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c
e
B
u
i
l
d
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g
M
a
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e
4
2
,
7
5
4
0
2
,
0
1
0
1
3
,
1
9
6
2
9
,
5
5
8
6
9
.
1
3
%
1
4
,
5
3
0
Po
l
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c
e
P
a
r
k
i
n
g
/
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s
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h
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3
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4
0
0
0
0
0
3
,
4
0
0
1
0
0
.
0
0
%
5
,
9
4
5
Po
l
i
c
e
V
e
h
i
c
l
e
R
e
p
a
i
r
76
,
0
0
0
0
3
,
6
4
6
1
1
,
7
5
8
6
4
,
2
4
2
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19
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11
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15
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10
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12
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87
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Po
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43
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22
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2
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20
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20
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30
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Percent of Budget RemainingPrior Year Actual
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43
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1
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94.59%399
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69
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51
4
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81.70%443,232
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Ca
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100.00%0
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8
,
2
0
1
9
–
P
a
g
e
2
0
9
o
f
3
6
3
Ci
t
y
o
f
M
e
r
i
d
i
a
n
St
a
t
e
m
e
n
t
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f
R
e
v
e
n
u
e
s
E
x
p
e
n
s
e
s
Fr
o
m
1
1
/
1
/
1
8
-
1
1
/
3
0
/
1
8
De
p
t
De
s
c
r
i
p
t
i
o
n
To
t
a
l
B
u
d
g
e
t
-
Or
i
g
i
n
a
l
To
t
a
l
B
u
d
g
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t
-
Re
v
i
s
e
d
Cu
r
r
e
n
t
P
e
r
i
o
d
Ac
t
u
a
l
Cu
r
r
e
n
t
Y
e
a
r
Ac
t
u
a
l
Bu
d
g
e
t
Re
m
a
i
n
i
n
g
Percent of Budget RemainingPrior Year Actual
Pa
r
k
s
2
2
5
0
-
P
a
r
k
s
&
R
e
c
r
e
a
t
i
o
n
Pa
r
k
s
RE
V
E
N
U
E
S
Pa
r
k
s
R
e
i
m
b
u
r
s
e
m
e
n
t
R
e
v
e
n
u
e
s
3
0
,
0
0
0
2
7
6
,
0
0
0
0
7
,
8
6
0
2
9
8
,
1
4
0
9
7
.
4
3
%
7
,
7
1
6
Pa
r
k
s
M
e
r
i
d
i
a
n
D
o
w
n
t
o
w
n
D
e
v
e
l
o
p
m
e
n
t
2
5
,
0
0
0
0
2
6
4
,
4
7
4
2
7
4
,
4
7
4
(2
4
9
,
4
7
4
)
(997.89)% 0
Pa
r
k
s
R
e
n
t
a
l
I
n
c
o
m
e
0
0
3
,
4
5
6
2
4
,
9
1
2
(2
4
,
9
1
2
)
0.00% 19,598
Pa
r
k
s
C
h
e
r
r
y
L
a
n
e
G
o
l
f
L
e
a
s
e
R
e
v
e
n
u
e
0
0
0
0
0
0
.
0
0
%
6
,
0
0
0
Pa
r
k
s
P
a
r
k
R
e
s
e
r
v
a
t
i
o
n
s
F
e
e
R
e
v
e
n
u
e
1
5
0
,
0
0
0
0
1
1
,
1
1
5
1
8
,
6
9
2
1
3
1
,
3
0
8
8
7
.
5
3
%
2
2
,
2
4
7
Pa
r
k
s
R
e
c
r
e
a
t
i
o
n
C
l
a
s
s
R
e
v
e
n
u
e
s
2
2
9
,
4
6
0
0
2
,
8
9
2
1
0
,
1
7
3
2
1
9
,
2
8
7
9
5
.
5
6
%
1
3
,
7
7
1
Pa
r
k
s
C
o
m
m
u
n
i
t
y
E
v
e
n
t
R
e
v
/
S
p
o
n
s
o
r
s
h
i
p
3
0
,
0
0
0
0
9
,
2
4
6
1
1
,
0
0
4
1
8
,
9
9
6
6
3
.
3
2
%
1
0
,
4
9
5
Pa
r
k
s
S
p
o
r
t
s
R
e
v
e
n
u
e
25
6
,
5
3
0
0
1
1
,
6
2
9
2
1
,
1
4
2
2
3
5
,
3
8
9
9
1
.
7
5
%
8
,
9
9
6
Pa
r
k
s
I
m
p
a
c
t
R
e
v
-
M
u
l
t
i
f
a
m
i
l
y
1
6
5
,
8
9
9
0
8
9
,
0
4
0
1
5
5
,
8
2
0
1
0
,
0
7
9
6
.
0
7
%
1
6
8
,
8
5
4
Pa
r
k
s
I
m
p
a
c
t
R
e
v
-
R
e
s
i
d
e
n
t
i
a
l
1
,
3
2
3
,
7
2
0
0
1
6
2
,
4
9
8
3
2
3
,
8
8
3
9
9
9
,
8
3
7
7
5
.
5
3
%
3
1
9
,
8
9
3
Pa
r
k
s
C
o
n
t
r
a
c
t
S
e
r
v
i
c
e
R
e
v
e
n
u
e
s
7
,
0
0
0
0
9
1
9
1
6
,
9
0
9
9
8
.
7
0
%
4
4
5
Pa
r
k
s
D
o
n
a
t
i
o
n
s
(
p
l
u
s
p
r
o
j
e
c
t
c
o
d
e
)
0
0
3
9
2
3
9
2
(3
9
2
)
0.00%(200)
Pa
r
k
s
M
i
s
c
e
l
l
a
n
e
o
u
s
R
e
v
e
n
u
e
s
0
0
0
0
0
0
.
0
0
%
2
8
0
Pa
r
k
s
I
n
t
e
r
e
s
t
E
a
r
n
i
n
g
s
15
,
0
0
0
0
13
,
1
8
5
27
,
1
8
7
(1
2
,
1
8
7
)
(81.24)%29,658
Pa
r
k
s
T
o
t
a
l
R
E
V
E
N
U
E
S
2,
2
3
2
,
6
0
9
27
6
,
0
0
0
56
8
,
0
1
8
87
5
,
6
2
8
1,
6
3
2
,
9
8
1
65.10%607,753
Pa
r
k
s
Pa
r
k
s
PE
R
S
O
N
N
E
L
C
O
S
T
S
Pa
r
k
s
W
a
g
e
s
1,
4
5
9
,
9
4
4
3
9
,
5
2
0
1
1
9
,
0
9
6
2
2
9
,
3
3
6
1
,
2
7
0
,
1
2
8
8
4
.
7
0
%
2
1
9
,
0
4
1
Pa
r
k
s
W
a
g
e
s
-
S
e
a
s
o
n
a
l
/
P
a
r
t
t
i
m
e
6
2
7
,
1
6
0
5
1
,
7
7
3
3
3
,
7
4
4
7
1
,
4
7
6
6
0
7
,
4
5
7
8
9
.
4
7
%
6
5
,
7
6
6
Pa
r
k
s
O
v
e
r
t
i
m
e
W
a
g
e
s
48
,
5
7
5
3
,
0
0
0
1
,
6
0
4
3
,
1
8
0
4
8
,
3
9
5
9
3
.
8
3
%
4
,
9
4
9
Pa
r
k
s
F
I
C
A
(
7
.
6
5
%
)
16
3
,
3
7
9
7
,
2
5
2
1
1
,
3
1
9
2
2
,
2
6
3
1
4
8
,
3
6
8
8
6
.
9
5
%
2
1
,
2
8
6
Pa
r
k
s
P
E
R
S
I
18
0
,
1
1
7
1
0
,
0
3
2
1
3
,
4
0
9
2
6
,
0
2
3
1
6
4
,
1
2
7
8
6
.
3
1
%
2
7
,
1
1
0
Pa
r
k
s
W
o
r
k
e
r
s
'
C
o
m
p
61
,
2
4
9
2
,
3
9
2
0
0
6
3
,
6
4
1
1
0
0
.
0
0
%
0
Pa
r
k
s
E
m
p
l
o
y
e
e
B
e
n
e
f
i
t
F
e
e
s
7
1
4
,
3
0
6
1
5
,
0
2
9
1
,
1
2
5
4
,
4
0
0
7
2
4
,
9
3
5
9
9
.
3
9
%
6
8
,
4
3
7
Pa
r
k
s
M
e
d
i
c
a
l
I
n
s
u
r
a
n
c
e
P
r
e
m
i
u
m
s
0
0
3
1
,
2
3
8
6
2
,
4
7
6
(6
2
,
4
7
6
)
0.00% 0
Pa
r
k
s
V
i
s
i
o
n
I
n
s
P
r
e
m
i
u
m
0
0
4
0
7
8
1
4
(8
1
4
)
0.00% 0
Pa
r
k
s
D
e
n
t
a
l
I
n
s
P
r
e
m
i
u
m
s
0
0
2
,
5
2
6
5
,
0
5
3
(5
,
0
5
3
)
0.00% 0
Pa
r
k
s
L
i
f
e
I
n
s
u
r
a
n
c
e
P
r
e
m
i
u
m
s
0
0
4
3
6
4
3
6
(4
3
6
)
0.00% 0
Pa
r
k
s
S
h
o
r
t
T
e
r
m
D
i
s
a
b
i
l
i
t
y
P
r
e
m
i
u
m
s
0
0
3
4
7
3
4
7
(3
4
7
)
0.00% 0
Pa
r
k
s
L
o
n
g
T
e
r
m
D
i
s
a
b
i
l
i
t
y
P
r
e
m
i
u
m
s
0
0
4
2
6
4
2
6
(4
2
6
)
0.00% 0
Pa
r
k
s
E
A
P
P
r
e
m
i
u
m
s
0
0
25
3
25
3
(2
5
3
)
0.00%0
Pa
r
k
s
T
o
t
a
l
P
E
R
S
O
N
N
E
L
C
O
S
T
S
3,
2
5
4
,
7
3
0
12
8
,
9
9
8
21
5
,
9
3
0
42
6
,
4
8
1
2,
9
5
7
,
2
4
7
87.40%406,590
Pa
r
k
s
Pa
r
k
s
OP
E
R
A
T
I
N
G
C
O
S
T
S
Pa
r
k
s
O
f
f
i
c
e
E
x
p
e
n
s
e
6,
5
3
2
1
2
7
2
5
9
9
3
1
5
,
7
2
8
8
6
.
0
1
%
1
,
6
5
0
Pa
r
k
s
C
o
p
i
e
r
E
x
p
e
n
s
e
8,
0
3
1
0
3
9
5
3
9
5
7
,
6
3
6
9
5
.
0
8
%
3
8
7
Pa
r
k
s
S
p
r
a
y
i
n
g
/
F
e
r
t
i
l
i
z
e
r
81
,
0
9
4
5
,
6
7
7
2
,
0
2
0
3
,
9
9
9
8
2
,
7
7
2
9
5
.
3
9
%
3
,
1
3
1
Pa
r
k
s
E
m
p
l
o
y
e
e
R
e
c
o
g
n
i
t
i
o
n
a
n
d
C
o
f
f
e
e
3
,
5
4
0
0
1
4
9
5
9
7
2
,
9
4
3
8
3
.
1
2
%
4
4
Pa
r
k
s
J
a
n
i
t
o
r
i
a
l
49
,
5
0
0
0
3
,
8
6
7
3
,
8
6
7
4
5
,
6
3
3
9
2
.
1
8
%
7
,
9
6
3
Pa
r
k
s
R
e
s
t
r
o
o
m
S
u
p
p
l
i
e
s
31
,
2
2
8
2
,
4
8
5
3
0
8
5
9
0
3
3
,
1
2
3
9
8
.
2
4
%
1
2
,
8
4
4
Pa
r
k
s
S
a
f
e
t
y
E
x
p
e
n
s
e
3,
2
7
1
2
6
8
1
,
1
4
6
1
,
6
0
7
1
,
9
3
2
5
4
.
5
8
%
4
5
6
Pa
r
k
s
S
h
o
p
S
u
p
p
l
i
e
s
8,
0
0
0
4
9
1
2
1
2
1
,
3
2
9
7
,
1
6
2
8
4
.
3
4
%
2
,
1
0
9
Pa
r
k
s
F
u
e
l
s
-
G
a
s
68
,
8
2
5
3
,
9
9
5
4
,
3
9
8
1
0
,
0
9
6
6
2
,
7
2
4
8
6
.
1
3
%
5
,
7
1
6
Pa
r
k
s
C
l
o
t
h
i
n
g
E
x
p
e
n
s
e
6,
7
3
6
9
6
2
0
3
2
3
7
,
3
7
5
9
5
.
8
0
%
4
1
0
Pa
r
k
s
M
e
d
i
c
a
l
S
u
p
p
l
i
e
s
1,
5
0
0
2
5
0
1
3
4
1
,
3
9
1
9
1
.
2
1
%
3
0
44
o
f
5
6
Me
r
i
d
i
a
n
C
i
t
y
C
o
u
n
c
i
l
M
e
e
t
i
n
g
A
g
e
n
d
a
J
a
n
u
a
r
y
8
,
2
0
1
9
–
P
a
g
e
2
1
0
o
f
3
6
3
Ci
t
y
o
f
M
e
r
i
d
i
a
n
St
a
t
e
m
e
n
t
o
f
R
e
v
e
n
u
e
s
E
x
p
e
n
s
e
s
Fr
o
m
1
1
/
1
/
1
8
-
1
1
/
3
0
/
1
8
De
p
t
De
s
c
r
i
p
t
i
o
n
To
t
a
l
B
u
d
g
e
t
-
Or
i
g
i
n
a
l
To
t
a
l
B
u
d
g
e
t
-
Re
v
i
s
e
d
Cu
r
r
e
n
t
P
e
r
i
o
d
Ac
t
u
a
l
Cu
r
r
e
n
t
Y
e
a
r
Ac
t
u
a
l
Bu
d
g
e
t
Re
m
a
i
n
i
n
g
Percent of Budget RemainingPrior Year Actual
Pa
r
k
s
R
e
c
r
e
a
t
i
o
n
C
l
a
s
s
E
x
p
e
n
s
e
2
9
,
4
5
0
0
0
0
2
9
,
4
5
0
1
0
0
.
0
0
%
0
Pa
r
k
s
R
e
c
r
e
a
t
i
o
n
S
p
o
r
t
s
E
x
p
e
n
s
e
s
1
4
0
,
0
0
0
(1
2
,
0
1
5
)
8,
1
6
8
2
0
,
7
7
1
1
0
7
,
2
1
4
8
3
.
7
7
%
2
2
,
2
2
6
Pa
r
k
s
C
o
m
m
u
n
i
t
y
E
v
e
n
t
s
E
x
p
e
n
s
e
s
5
9
,
8
0
0
0
1
6
9
6
,
8
2
5
5
2
,
9
7
5
8
8
.
5
8
%
2
,
5
4
2
Pa
r
k
s
B
u
i
l
d
i
n
g
M
a
i
n
t
e
n
a
n
c
e
1
0
4
,
5
2
9
3
,
0
4
1
3
,
5
1
1
9
,
6
1
4
9
7
,
9
5
6
9
1
.
0
6
%
5
,
9
9
7
Pa
r
k
s
P
a
r
k
i
n
g
/
A
s
p
h
a
l
t
M
a
i
n
t
e
n
a
n
c
e
4
9
,
6
1
8
2
,
0
0
2
0
0
5
1
,
6
2
0
1
0
0
.
0
0
%
6
3
9
Pa
r
k
s
V
e
h
i
c
l
e
R
e
p
a
i
r
16
,
0
0
0
1
,
0
0
0
1
,
2
1
0
4
,
5
1
0
1
2
,
4
9
0
7
3
.
4
7
%
6
6
7
Pa
r
k
s
V
e
h
i
c
l
e
M
a
i
n
t
e
n
a
n
c
e
16
,
0
0
0
4
5
0
2
1
7
4
,
1
9
1
1
2
,
2
5
9
7
4
.
5
2
%
4
,
6
8
9
Pa
r
k
s
E
q
u
i
p
m
e
n
t
M
a
i
n
t
e
n
a
n
c
e
&
R
e
p
a
i
r
4
3
,
6
0
5
3
,
8
3
9
1
,
8
1
2
5
,
5
1
6
4
1
,
9
2
8
8
8
.
3
7
%
9
,
3
8
8
Pa
r
k
s
F
o
r
e
s
t
r
y
E
x
p
e
n
s
e
65
,
8
5
8
3
,
8
7
2
1
0
,
1
7
7
1
2
,
8
3
1
5
6
,
8
9
9
8
1
.
5
9
%
8
,
0
9
8
Pa
r
k
s
D
o
w
n
t
o
w
n
T
r
e
e
M
a
i
n
t
e
n
a
n
c
e
7
5
,
0
0
0
0
0
0
7
5
,
0
0
0
1
0
0
.
0
0
%
1
,
7
0
8
Pa
r
k
s
G
r
o
u
n
d
s
M
a
i
n
t
e
n
a
n
c
e
2
3
2
,
3
9
8
1
4
,
5
9
3
1
2
,
7
3
8
3
6
,
9
3
8
2
1
0
,
0
5
3
8
5
.
0
4
%
3
3
,
5
0
5
Pa
r
k
s
V
a
n
d
a
l
i
s
m
C
l
e
a
n
u
p
E
x
p
4
,
1
5
8
9
6
0
0
4
,
2
5
4
1
0
0
.
0
0
%
0
Pa
r
k
s
S
u
r
f
a
c
e
W
e
l
l
M
a
i
n
t
22
,
4
0
3
9
3
3
0
0
2
3
,
3
3
6
1
0
0
.
0
0
%
0
Pa
r
k
s
S
o
f
t
w
a
r
e
M
a
i
n
t
e
n
a
n
c
e
1
1
,
8
5
0
0
0
7
7
5
1
1
,
0
7
5
9
3
.
4
6
%
7
3
8
Pa
r
k
s
A
l
a
r
m
S
e
r
v
i
c
e
/
S
p
r
i
n
k
l
e
r
S
y
s
t
e
m
2
,
6
0
0
0
0
0
2
,
6
0
0
1
0
0
.
0
0
%
0
Pa
r
k
s
M
i
s
c
C
o
n
t
r
i
b
u
t
i
o
n
s
3,
0
0
0
0
0
0
3
,
0
0
0
1
0
0
.
0
0
%
0
Pa
r
k
s
T
r
a
n
s
p
o
r
t
a
t
i
o
n
S
e
r
v
i
c
e
s
9
,
0
0
0
0
0
9
,
0
0
0
0
0
.
0
0
%
9
,
0
0
0
Pa
r
k
s
F
l
a
g
/
B
a
n
n
e
r
E
x
p
e
n
s
e
9,
2
5
7
7
9
0
0
0
1
0
,
0
4
7
1
0
0
.
0
0
%
1
,
0
7
1
Pa
r
k
s
E
q
u
i
p
m
e
n
t
&
S
u
p
p
l
i
e
s
4
3
,
0
3
4
2
,
9
0
0
2
,
4
7
3
1
3
,
1
5
5
3
2
,
7
7
9
7
1
.
3
6
%
9
,
8
8
1
Pa
r
k
s
E
l
e
c
t
r
o
n
i
c
s
E
x
p
e
n
s
e
(
u
n
d
e
r
$
5
0
0
0
)
1
7
,
2
9
9
1
,
0
6
5
1
,
0
8
5
1
,
1
6
4
1
7
,
2
0
0
9
3
.
6
5
%
1
,
2
8
8
Pa
r
k
s
S
o
f
t
w
a
r
e
A
c
q
u
i
s
i
t
i
o
n
&
L
i
c
e
n
s
e
s
(
u
n
d
e
r
$
2
5
,
0
0
0
)
1,
1
2
9
0
0
0
1
,
1
2
9
1
0
0
.
0
0
%
1
3
,
8
1
5
Pa
r
k
s
F
u
r
n
i
t
u
r
e
&
F
u
r
n
i
s
h
i
n
g
s
3
,
0
8
2
0
7
3
8
7
5
2
2
,
3
3
0
7
5
.
5
8
%
4
5
2
Pa
r
k
s
C
o
m
p
u
t
e
r
s
&
P
r
i
n
t
e
r
s
(
I
T
u
s
e
o
n
l
y
)
6
,
9
0
0
0
1
2
7
1
2
7
6
,
7
7
3
9
8
.
1
6
%
0
Pa
r
k
s
P
r
o
f
e
s
s
i
o
n
a
l
S
e
r
v
i
c
e
s
5
8
,
8
0
0
0
1
1
,
3
2
6
1
1
,
3
2
6
4
7
,
4
7
4
8
0
.
7
3
%
0
Pa
r
k
s
I
n
v
e
s
t
m
e
n
t
S
e
r
v
i
c
e
s
0
0
1
9
0
3
8
0
(3
8
0
)
0.00% 379
Pa
r
k
s
C
o
n
t
r
a
c
t
e
d
L
a
b
o
r
11
0
,
0
0
0
0
2
,
9
2
3
1
3
,
8
6
5
9
6
,
1
3
5
8
7
.
3
9
%
1
5
,
8
7
2
Pa
r
k
s
B
a
c
k
g
r
o
u
n
d
/
E
m
p
l
o
y
m
e
n
t
T
e
s
t
i
n
g
2
,
1
0
0
0
0
0
2
,
1
0
0
1
0
0
.
0
0
%
3
7
Pa
r
k
s
C
o
n
t
r
a
c
t
e
d
S
e
r
v
i
c
e
s
1
9
9
,
5
5
8
0
1
4
,
2
0
8
3
9
,
3
2
9
1
6
0
,
2
2
9
8
0
.
2
9
%
2
4
,
1
6
1
Pa
r
k
s
T
e
l
e
p
h
o
n
e
/
I
n
t
e
r
n
e
t
1,
0
1
0
0
9
0
1
8
1
8
2
9
8
2
.
0
9
%
1
9
4
Pa
r
k
s
P
o
s
t
a
g
e
&
M
a
i
l
i
n
g
s
1,
0
0
0
0
7
5
9
8
0
1
1
9
9
1
9
.
8
9
%
5
5
5
Pa
r
k
s
R
a
d
i
o
s
/
C
o
m
m
u
n
i
c
a
t
i
o
n
s
4
,
8
7
2
0
3
0
5
6
0
8
4
,
2
6
4
8
7
.
5
1
%
3
9
7
Pa
r
k
s
C
e
l
l
p
h
o
n
e
E
x
p
e
n
s
e
20
,
2
8
0
1
,
5
7
8
2
,
1
9
3
2
,
3
9
3
1
9
,
4
6
5
8
9
.
0
5
%
2
,
3
5
0
Pa
r
k
s
B
u
s
i
n
e
s
s
M
e
a
l
s
40
0
0
0
0
4
0
0
1
0
0
.
0
0
%
0
Pa
r
k
s
M
i
l
e
a
g
e
&
P
a
r
k
i
n
g
R
e
i
m
b
u
r
s
e
m
e
n
t
5
5
0
0
3
0
4
6
5
0
3
9
1
.
5
6
%
0
Pa
r
k
s
E
m
p
l
o
y
e
e
S
e
m
i
n
a
r
s
/
T
r
a
i
n
i
n
g
2
1
,
4
3
2
4
9
2
4
,
3
9
8
5
,
2
9
3
1
6
,
6
3
1
7
5
.
8
5
%
1
,
3
4
4
Pa
r
k
s
T
r
a
v
e
l
-
T
r
a
n
s
p
o
r
t
a
t
i
o
n
6
,
5
7
6
0
0
5
4
8
6
,
0
2
8
9
1
.
6
7
%
0
Pa
r
k
s
T
r
a
v
e
l
-
L
o
d
g
i
n
g
5,
9
9
5
0
0
7
7
3
5
,
2
2
3
8
7
.
1
1
%
0
Pa
r
k
s
T
r
a
v
e
l
-
P
e
r
D
i
e
m
1,
4
6
9
0
0
2
8
8
1
,
1
8
1
8
0
.
3
9
%
0
Pa
r
k
s
A
d
v
e
r
t
i
s
i
n
g
/
P
r
o
m
o
t
i
o
n
a
l
1
1
,
0
0
0
0
1
2
0
1
2
0
1
0
,
8
8
0
9
8
.
9
1
%
3
8
7
Pa
r
k
s
L
e
g
a
l
N
o
t
i
c
e
s
60
0
0
3
0
5
4
4
5
1
5
5
2
5
.
8
5
%
2
4
4
Pa
r
k
s
P
r
i
n
t
i
n
g
/
B
i
n
d
i
n
g
27
,
6
0
0
0
3
,
4
4
1
3
,
5
9
7
2
4
,
0
0
3
8
6
.
9
6
%
1
9
2
Pa
r
k
s
I
n
s
u
r
a
n
c
e
P
r
e
m
i
u
m
/
C
l
a
i
m
s
1
9
,
7
6
7
1
9
2
0
8
,
7
8
3
1
1
,
1
7
6
5
5
.
9
9
%
8
,
4
2
6
Pa
r
k
s
E
l
e
c
t
r
i
c
i
t
y
-
I
d
a
h
o
P
o
w
e
r
1
9
0
,
8
1
7
8
,
3
2
8
1
2
,
0
6
0
2
3
,
0
9
2
1
7
6
,
0
5
3
8
8
.
4
0
%
2
3
,
3
2
2
Pa
r
k
s
I
n
t
e
r
m
o
u
n
t
a
i
n
G
a
s
23
,
7
8
7
(5
0
)
41
9
6
0
0
2
3
,
1
3
7
9
7
.
4
7
%
6
8
2
Pa
r
k
s
E
q
u
i
p
m
e
n
t
R
e
n
t
a
l
&
L
e
a
s
e
6
2
,
3
3
8
3
,
1
8
9
5
,
3
3
9
1
1
,
1
6
8
5
4
,
3
5
9
8
2
.
9
5
%
5
,
8
0
8
Pa
r
k
s
D
u
e
s
,
L
i
c
e
n
s
e
s
,
P
u
b
l
i
c
a
t
i
o
n
s
9
,
6
6
6
0
4
7
5
4
,
5
7
0
5
,
0
9
6
5
2
.
7
2
%
4
,
9
3
7
Pa
r
k
s
C
o
m
m
i
s
s
i
o
n
E
x
p
e
n
s
e
1,
0
0
0
0
1
3
0
2
5
3
7
4
7
7
4
.
7
3
%
1
7
9
Pa
r
k
s
I
r
r
i
g
a
t
i
o
n
T
a
x
e
s
54
,
2
8
8
3
,
9
0
0
4
,
0
9
5
4
1
,
7
5
4
1
6
,
4
3
4
2
8
.
2
4
%
4
1
,
6
1
7
Pa
r
k
s
A
D
A
C
o
m
p
l
i
a
n
c
e
24
0
,
3
4
3
0
8
1
0
1
2
,
4
5
0
2
2
7
,
8
9
3
9
4
.
8
1
%
0
45
o
f
5
6
Me
r
i
d
i
a
n
C
i
t
y
C
o
u
n
c
i
l
M
e
e
t
i
n
g
A
g
e
n
d
a
J
a
n
u
a
r
y
8
,
2
0
1
9
–
P
a
g
e
2
1
1
o
f
3
6
3
Ci
t
y
o
f
M
e
r
i
d
i
a
n
St
a
t
e
m
e
n
t
o
f
R
e
v
e
n
u
e
s
E
x
p
e
n
s
e
s
Fr
o
m
1
1
/
1
/
1
8
-
1
1
/
3
0
/
1
8
De
p
t
De
s
c
r
i
p
t
i
o
n
To
t
a
l
B
u
d
g
e
t
-
Or
i
g
i
n
a
l
To
t
a
l
B
u
d
g
e
t
-
Re
v
i
s
e
d
Cu
r
r
e
n
t
P
e
r
i
o
d
Ac
t
u
a
l
Cu
r
r
e
n
t
Y
e
a
r
Ac
t
u
a
l
Bu
d
g
e
t
Re
m
a
i
n
i
n
g
Percent of Budget RemainingPrior Year Actual
Pa
r
k
s
H
o
l
i
d
a
y
E
x
p
e
n
s
e
43
,
2
9
0
0
2
0
,
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8
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6
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1
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PW
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PW
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PW
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PW
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9
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15
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0
PW
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Percent of Budget RemainingPrior Year Actual
PW
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6
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12
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PW
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PW
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21
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PW
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s
45
0
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%
0
PW
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%
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PW
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PW
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67
5
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0
PW
P
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60
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40
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58
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1.74%0
PW
T
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64
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93
,
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8
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89.10%115,211
PW PW
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p
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PW
C
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28
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PW
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28
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PW PW
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7
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76
3
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9
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5
86.58%642,970
PW PW
Tr
a
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PW
P
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6
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%
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PW
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0
PW
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5
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17
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14
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4
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98
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2
87.01%14,887
PW
T
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f
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s
23
0
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2
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32
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19
8
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4
85.87%27,264
PW PW
TO
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7
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42
2
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79
6
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8
86.55%670,235
48
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f
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6
Me
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De
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Bu
d
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m
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g
Percent of Budget RemainingPrior Year Actual
MU
B
S
3
3
0
0
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v
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30
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0
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4
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%
4
2
0
MU
B
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7
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74
9
,
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6
1
100.00%63,390
MU
B
S
T
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6
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80
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7
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0
Wa
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3
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84
5
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97.75%0
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8,
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27
6
,
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5
3
68
7
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3
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7
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7
92.28%963,890
Wa
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r
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P
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7
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5
68
9
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3
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92.27%965,566
Wa
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7
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5
68
9
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92.27%965,566
53
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Me
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Bu
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g
Percent of Budget RemainingPrior Year Actual
WW
T
P
3
5
0
0
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W
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WW
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0
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0.00% 2,925
WW
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84.40%2,408,230
WW
T
P
T
o
t
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l
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S
15
,
9
4
5
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2
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0
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9
5
0
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9
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0
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5
5
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4
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6
84.38%2,411,155
WW
T
P
WW
T
P
PE
R
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O
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E
L
C
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S
WW
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W
a
g
e
s
2,
0
2
3
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3
9
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8
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7
8
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15
0
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3
0
2
9
0
,
6
9
8
1
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6
7
3
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5
5
4
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5
.
2
0
%
2
6
8
,
0
6
1
WW
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P
O
v
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r
t
i
m
e
W
a
g
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s
49
,
8
5
5
(5
0
0
)
2,
8
7
8
1
0
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8
7
8
3
8
,
4
7
7
7
7
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9
6
%
7
,
1
1
8
WW
T
P
F
I
C
A
(
7
.
6
5
%
)
15
8
,
5
7
7
(4
,
5
3
5
)
11
,
1
2
3
2
1
,
9
2
4
1
3
2
,
1
1
8
8
5
.
7
6
%
1
9
,
9
3
4
WW
T
P
P
E
R
S
I
24
6
,
6
2
1
(7
,
0
7
9
)
17
,
3
0
9
3
4
,
0
7
5
2
0
5
,
4
6
7
8
5
.
7
7
%
3
1
,
1
3
9
WW
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s
'
C
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50
,
9
7
8
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,
3
9
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0
0
4
9
,
5
8
5
1
0
0
.
0
0
%
0
WW
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m
p
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B
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f
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s
6
2
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1
1
8
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9
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)
1,
0
5
0
4
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4
1
6
0
3
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8
7
9
9
9
.
3
3
%
7
1
,
9
5
6
WW
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M
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d
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s
0
0
3
4
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6
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5
6
9
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3
0
9
(6
9
,
3
0
9
)
0.00% 0
WW
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H
S
A
/
H
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s
0
0
0
5
0
0
(5
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0
)
0.00% 0
WW
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V
i
s
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m
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m
0
0
4
1
5
8
3
0
(8
3
0
)
0.00% 0
WW
T
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D
e
n
t
a
l
I
n
s
P
r
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m
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m
s
0
0
2
,
7
3
1
5
,
4
6
2
(5
,
4
6
2
)
0.00% 0
WW
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L
i
f
e
I
n
s
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r
a
n
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e
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r
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m
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s
0
0
4
0
3
4
0
3
(4
0
3
)
0.00% 0
WW
T
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S
h
o
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t
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e
r
m
D
i
s
a
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l
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y
P
r
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m
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m
s
0
0
3
7
2
3
7
2
(3
7
2
)
0.00% 0
WW
T
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L
o
n
g
T
e
r
m
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i
s
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l
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y
P
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m
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s
0
0
4
5
2
4
5
2
(4
5
2
)
0.00% 0
WW
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P
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A
P
P
r
e
m
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s
0
0
14
4
14
4
(1
4
4
)
0.00%0
WW
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T
o
t
a
l
P
E
R
S
O
N
N
E
L
C
O
S
T
S
3,
1
5
2
,
1
8
8
(8
7
,
4
9
2
)
22
1
,
5
6
2
43
9
,
0
8
9
2,
6
2
5
,
6
0
7
85.67%398,208
WW
T
P
WW
T
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E
R
A
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N
G
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WW
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p
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e
6,
6
5
0
0
3
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4
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7
6
,
2
0
3
9
3
.
2
7
%
2
5
5
WW
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o
p
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e
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x
p
e
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e
4,
9
6
6
0
5
8
3
6
7
5
4
,
2
9
1
8
6
.
4
0
%
1
,
7
6
7
WW
T
P
E
m
p
l
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y
e
e
R
e
c
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g
n
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t
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n
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f
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e
2
,
4
6
0
(6
0
)
93
2
6
4
2
,
1
3
6
8
8
.
9
8
%
1
4
WW
T
P
C
h
e
m
i
c
a
l
s
45
0
,
0
0
0
0
7
3
,
4
7
0
8
3
,
8
1
9
3
6
6
,
1
8
1
8
1
.
3
7
%
3
8
,
7
6
6
WW
T
P
J
a
n
i
t
o
r
i
a
l
22
,
3
0
0
0
2
,
4
5
4
3
,
2
3
3
1
9
,
0
6
7
8
5
.
5
0
%
3
,
2
3
8
WW
T
P
S
a
f
e
t
y
E
x
p
e
n
s
e
32
,
4
5
0
(6
5
0
)
4,
1
1
3
1
0
,
8
5
4
2
0
,
9
4
6
6
5
.
8
6
%
3
,
5
1
2
WW
T
P
S
h
o
p
S
u
p
p
l
i
e
s
69
,
0
0
0
0
3
,
3
0
7
7
,
1
8
3
6
1
,
8
1
7
8
9
.
5
8
%
7
,
7
4
1
WW
T
P
F
u
e
l
s
-
G
a
s
17
,
8
0
0
0
2
,
2
6
6
5
,
7
5
3
1
2
,
0
4
7
6
7
.
6
7
%
0
WW
T
P
F
u
e
l
s
-
D
i
e
s
e
l
/
P
r
o
p
a
n
e
9
,
0
0
0
0
0
0
9
,
0
0
0
1
0
0
.
0
0
%
6
6
WW
T
P
C
l
o
t
h
i
n
g
E
x
p
e
n
s
e
6,
6
0
0
(3
0
0
)
0
2
9
4
6
,
0
0
6
9
5
.
3
3
%
1
,
3
3
7
WW
T
P
M
e
d
i
c
a
l
S
u
p
p
l
i
e
s
85
0
0
0
1
2
8
3
8
9
8
.
6
0
%
2
6
1
WW
T
P
C
o
m
m
u
n
i
t
y
E
v
e
n
t
s
E
x
p
e
n
s
e
s
1
,
5
0
0
0
0
1
8
1
,
4
8
2
9
8
.
7
7
%
0
WW
T
P
B
u
i
l
d
i
n
g
M
a
i
n
t
e
n
a
n
c
e
6
2
,
0
0
0
0
4
,
7
7
1
1
5
,
9
3
0
4
6
,
0
7
0
7
4
.
3
0
%
1
0
,
8
3
7
WW
T
P
P
l
a
n
t
M
a
i
n
t
e
n
a
n
c
e
54
0
,
0
0
0
0
2
1
,
0
7
9
9
3
,
3
9
4
4
4
6
,
6
0
6
8
2
.
7
0
%
1
4
,
2
8
7
WW
T
P
P
l
a
n
t
R
e
p
a
i
r
s
15
5
,
0
0
0
0
4
,
3
1
9
1
7
,
6
4
9
1
3
7
,
3
5
1
8
8
.
6
1
%
1
0
,
6
2
5
WW
T
P
P
a
r
k
i
n
g
/
A
s
p
h
a
l
t
M
a
i
n
t
e
n
a
n
c
e
6
,
0
0
0
0
0
5
,
9
0
0
1
0
0
1
.
6
6
%
0
WW
T
P
V
e
h
i
c
l
e
R
e
p
a
i
r
29
,
6
0
0
0
2
,
2
1
0
2
,
5
2
9
2
7
,
0
7
1
9
1
.
4
5
%
5
,
4
7
2
WW
T
P
V
e
h
i
c
l
e
M
a
i
n
t
e
n
a
n
c
e
24
,
4
0
0
0
5
6
4
6
4
3
2
3
,
7
5
7
9
7
.
3
6
%
1
,
3
5
9
WW
T
P
E
q
u
i
p
m
e
n
t
M
a
i
n
t
e
n
a
n
c
e
&
R
e
p
a
i
r
6
5
,
0
0
0
0
2
4
4
0
,
1
7
6
2
4
,
8
2
4
3
8
.
1
9
%
4
1
,
1
6
3
WW
T
P
R
o
l
l
i
n
g
S
t
o
c
k
R
e
p
a
i
r
1
0
,
0
0
0
0
0
4
2
4
9
,
5
7
6
9
5
.
7
6
%
2
5
1
WW
T
P
R
o
l
l
i
n
g
S
t
o
c
k
M
a
i
n
t
e
n
a
n
c
e
8
,
5
0
0
0
0
1
,
0
2
0
7
,
4
8
0
8
7
.
9
9
%
1
,
2
6
1
WW
T
P
G
r
o
u
n
d
s
M
a
i
n
t
e
n
a
n
c
e
15
,
0
0
0
0
1
,
2
3
2
1
,
2
3
2
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WW
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WW
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WW
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WW
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WW
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WW
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79
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WW
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11
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14
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WW
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WW
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WW
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s
87
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5
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6
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WW
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20
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WW
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6
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WW
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WW
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WW
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84.32%337,297
WW
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p
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100.00%9,346
WW
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59
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92.53%9,346
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6,
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85.07%744,852
WW
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3
City Council Workshop Meeting Agenda
January 8, 2019
Agenda Item Number: 4 H
Project File Number:
Item Title: AP Invoices for Payment 01/09/19 - $338,519.43
Meeting Notes:
I TEM SHEET
C ouncil Agenda I tem - 4.H.
Presenter:
Estimated Time f or P resentation:
Title of I tem - AP Invoices for P ayment 01/09/19 - $338,519.43
AT TAC HM E NT S:
Description Type Upload D ate
I nvoices for Payment Cover Memo 1/3/2019
Meridian City Council Meeting Agenda January 8, 2019 – Page 223 of 363
City Of Meridian
Invoices Selected for Payment - Invoices for Payment - Amie
Code
Fund
Fund Title Vendor Name Invoice/Credit Description Invoice Amount
01 General Fund A-1 STAMP & MABEL'S LABELS 220/stamp 54.00
01 General Fund ADA COUNTY SHERIFF'S OFFICE Inmate Housing for MPD - Nov. 2018 76.65
01 General Fund AIR FILTER SALES Air Filters for 2019 PSTC Maintenance 588.00
01 General Fund AMERICAN POLYGRAPH ASSOCIATION Polygraph Membership for E. Stoffle 150.00
01 General Fund ASSOC OF IDAHO CITIES AIC City Officials Day at the Capitol Luncheon, R.
Simison
50.00
01 General Fund ATKINSON'S MIRROR & GLASS 220/replace 3 shower doors, St. 4 1,340.00
01 General Fund B&W WRECKER SERVICE Evidence Tow DR# 18-8480 168.00
01 General Fund BERHEIM COMMERCIAL UPHOLSTERY
LLC
reinforce & reupholster 2 office chairs 322.78
01 General Fund BLUE SKY CONSULTING SERVICES, LLC 19-0037 220/Commissioning Agent serv St. 6 2,165.00
01 General Fund BOISE MOBILE EQUIPMENT, INC Install Lights, Sirens and Radio for Unit # 19 1,834.58
01 General Fund BOISE MOBILE EQUIPMENT, INC Remove Radio from Unit # 13 90.00
01 General Fund BRADY INDUSTRIES, LLC.220/Cleaner, soap, towels, ST. 4 92.95
01 General Fund BRADY INDUSTRIES, LLC.220/Janitorial, ST. 1, soap, towels 115.73
01 General Fund BRIGHT IDEAS LIGHTING COMPANY Lanark Park Shop exterior lights conversion to LED 2,117.59
01 General Fund BRIGHT IDEAS LIGHTING COMPANY Light repair, City Hall 199.00
01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Credit for Invoice # MER0007190 missing Discount (1,039.08)
01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Eng Mount & Rear Brakes for Unit # 154 552.11
01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Left Headlight Bulb for Unit # 14 15.00
01 General Fund BRUNEEL TIRE OF MERIDIAN LLC LOF, Brake Pads, Rotors, Wipers for Unit #131 1,039.08
01 General Fund BRUNEEL TIRE OF MERIDIAN LLC LOF, Rear Shocks, Cabin Filter, Tires for Unit # 133 1,108.01
01 General Fund BRUNEEL TIRE OF MERIDIAN LLC LOL, Front Brakes, Lic Plate Bulb,Motor Mount for #153 672.79
01 General Fund BRUNEEL TIRE OF MERIDIAN LLC LOL, Tires, Lic Plate Bulb for Unit # 156 690.16
01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Oil Change for Unit # 104 65.00
01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Oil Change, Front Brakes & Wipers for Unit #131 925.48
01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Oil Change, Wipers, Lic. Plate Bulbs for Unit # 128 122.69
01 General Fund BRUNEEL TIRE OF MERIDIAN LLC R. R. Control Arm, R.R. Window Trim & Rear Shocks #
143
563.51
01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Replace Spotlight Assembly for Unit # 130 817.39
01 General Fund CAMPING WORLD RV SALES Command Trailer Window Reseal & Roof Vent Repair 409.89
01 General Fund CANYON HONDA LOF, Spark Plugs, Svc, Handlebar Riser, Coolant Leak
# 526
907.39
01 General Fund CDW GOVERNMENT Zebra 72IN USB to RJ45 Cable 83.64
01 General Fund CENTURYLINK Home Court, PD DSL, Centrex Phone Lines, 12/18 867.02
01 General Fund COMMERCIAL TIRE 220/4 tires, MF028 1,076.96
01 General Fund COURTYARD BY MARRIOTT MPD Employee Holiday Party 450.00
01 General Fund COVERTTRACK GROUP INC.GPS Tracker for Narcotic Investigations 600.00
01 General Fund CSHQA 18-0508 - Scenario Village Decision 1,020.20
Date: 1/3/19 11:02:56 AM Page: 1Meridian City Council Meeting Agenda January 8, 2019 – Page 224 of 363
City Of Meridian
Invoices Selected for Payment - Invoices for Payment - Amie
Code
Fund
Fund Title Vendor Name Invoice/Credit Description Invoice Amount
01 General Fund DAVID MILES Reimburse: D. Miles, Tuition Reimubursement,
10/22/18-12/16/
1,000.00
01 General Fund DVORAK INSTRUMENTS INC CO2 noxxle for shooting simulator 340.00
01 General Fund EXECUTRAIN OF IDAHO Training Registration to Attend SQL Querying Training 400.00
01 General Fund GLASS DOCTOR Window Repair for Unit # 11 49.95
01 General Fund GOVERNMENTJOBS.COM, INC.Job Posting Credits for Mechanical/Building Positions 800.00
01 General Fund GYM OUTFITTERS Balance Pads for Police Fitness Center 293.68
01 General Fund HOME DEPOT CREDIT SERVICES 220/batteries for CPR manikins, City Training 31.96
01 General Fund HOME DEPOT CREDIT SERVICES 220/wood & supplies for rack at ST. 4 24.83
01 General Fund HOME DEPOT CREDIT SERVICES Coffee Pot, 2 heaters, 6 power strips 191.91
01 General Fund HOME DEPOT CREDIT SERVICES Foam for Backseats, Tape Measures for Patrol Cars 52.85
01 General Fund HOME DEPOT CREDIT SERVICES Wax, screws, sand paper,38.37
01 General Fund HRATV Laura Lee Berg HRATV 2019 Membership Renewal 100.00
01 General Fund IDAHO HUMANE SOCIETY 19-0176 Animal Control Services 32,555.00
01 General Fund IDAHO POWER Fire Department Power - December 2018 1,967.00
01 General Fund INDEPENDENCE INDOOR SHOOTING Firearms Storage Equipment 425.00
01 General Fund INSIGHT PUBLIC SECTOR, INC.19-0075 Ubiquiti EdgeSwitch 48 - switch - Managed -
Rack-Mou
22,351.20
01 General Fund INTERSTATE ALL BATTERY CENTER Batteries for Patrol 15.98
01 General Fund ITsavvy LLC Epson Custom Micro-Adjustable Projector Mount Kit 99.93
01 General Fund LEA ELECTRIC, LLC.220/repair cord reel in apparatus bay, St. 3 1,185.00
01 General Fund LEA ELECTRIC, LLC.Installation of Projector and TV in CD Conference room 394.00
01 General Fund LEAGUE OF CALIFORNIA CITIES DBA
WESTERN CITY MAGAZINE
Job Posting Building Inspector I 450.00
01 General Fund LEAGUE OF CALIFORNIA CITIES DBA
WESTERN CITY MAGAZINE
Job Posting For Building Plans Examiner II 450.00
01 General Fund LEAGUE OF CALIFORNIA CITIES DBA
WESTERN CITY MAGAZINE
Job Posting for Electrical Inspector I 450.00
01 General Fund LEAGUE OF CALIFORNIA CITIES DBA
WESTERN CITY MAGAZINE
Job Posting for Electrical Plans Examiner 450.00
01 General Fund LEVEL 3 COMMUNICATIONS, LLC.Level 3 Communications Telephone, December 2018,
268238-5
976.28
01 General Fund LIFELOC TECHNOLOGIES, INC.Calibration Gas for Breathalizers 367.63
01 General Fund M2M WIRELESS Parks Modem Service 11/17/18-12/16/18, 22 lines of
service
255.27
01 General Fund MONSTER WORLDWIDE INC Job Posting Credits for Building/Mechanical Positions 1,440.00
01 General Fund MOUNTAIN HOME AUTO RANCH 19-0001 - New Fleet, CSO Truck Unit # 82 26,177.18
01 General Fund MOUNTAIN HOME AUTO RANCH 19-0001 New Fleet CSO Truck Unit #80 26,177.18
01 General Fund MOUNTAIN HOME AUTO RANCH 19-0001 New Fleet, CSO Truck Unit # 81 26,177.18
01 General Fund NAPA AUTO PARTS Spotlight Bulbs for Inventory 21.09
Date: 1/3/19 11:02:56 AM Page: 2Meridian City Council Meeting Agenda January 8, 2019 – Page 225 of 363
City Of Meridian
Invoices Selected for Payment - Invoices for Payment - Amie
Code
Fund
Fund Title Vendor Name Invoice/Credit Description Invoice Amount
01 General Fund NATIONAL LAW ENFORCEMENT SUPPLY Drug Test Kit 219.45
01 General Fund NESMITH BROTHERS TOWING Evidence Tow 18-1430 75.00
01 General Fund NESMITH BROTHERS TOWING Evidence Tow 18-3430 75.00
01 General Fund NESMITH BROTHERS TOWING Evidence Tow 18-7887 75.00
01 General Fund NESMITH BROTHERS TOWING Evidence Tow 18-8480 75.00
01 General Fund OFFICE DEPOT, INC.220/eraser, cleaner, paper, clips 56.10
01 General Fund OFFICE DEPOT, INC.220/folding long table for break room 113.83
01 General Fund OFFICE DEPOT, INC.220/labeler and file organizer 76.45
01 General Fund OFFICE DEPOT, INC.office supplies, paper, tape, organizer, toner, post-its,
ba
104.82
01 General Fund OFFICE DEPOT, INC.Printer, HP LJ Pro MFP M2 171.59
01 General Fund OFFICE DEPOT, INC.Printing Paper for Flyers 8.50
01 General Fund OFFICE VALUE - MERIDIAN Toner, Tissue, Erasers & Note Pads, Plates,Forks
Spoons
1,364.66
01 General Fund PACIFIC BACKFLOW 220/repair back flow, St. 3 165.00
01 General Fund PACIFIC BACKFLOW 220/replace testcock on FS#1 Backflow device 15.00
01 General Fund PACIFIC BACKFLOW 220/replace testcock on St. 4 backflow device 15.00
01 General Fund PUBLIC AGENCY TRAINING COUNCIL Training Registration to Attend Hostage Negotiations
Trng
695.00
01 General Fund RICOH USA, INC C86173707 1/1-31,2019 monthly lease plus additional
pages
588.30
01 General Fund SYNCB/AMAZON 220/Desk floot mat 33.95
01 General Fund SYNCB/AMAZON 220/Desk name plate 34.95
01 General Fund SYNCB/AMAZON 220/voice recorder, slatwall panel hooks, tools 78.18
01 General Fund SYNCB/AMAZON 2pack OMOTON Screen Protector for Surface Pro
6/Surface Pro
247.12
01 General Fund SYNCB/AMAZON 3M 71601 Pack of (5) Blue Plastic Squeegee 10.15
01 General Fund SYNCB/AMAZON ONKRON Monitor Desk Mount 56.99
01 General Fund SYRINGA NETWORKS, LLC 19-0024 Dark Fiber (4 Strands)1,150.00
01 General Fund SYRINGA NETWORKS, LLC Internet B/W (100MB)790.00
01 General Fund THE ACTIVITY GROUP Tourniquets for Hew Hires & Replacements 306.00
01 General Fund THE UPS STORE Postage to Mail Evidence to Lab 46.78
01 General Fund ULTRA TOUCH CAR WASH Full Detail for Unit # 16 170.95
01 General Fund ULTRA TOUCH CAR WASH Full Detail for Unit # 23 170.95
01 General Fund ULTRA TOUCH CAR WASH Full Detail for Unit # 31 170.95
01 General Fund UNION PACIFIC RAILROAD CO 19-0023 Monthly rent of South parking lot Jan 2019 1,864.16
01 General Fund VERIZON FINANCIAL SERVICES, LLC.
BELLEVUE
965467287-00001 Data Plan #1, 11/21 - 12/20/18 733.64
01 General Fund VERIZON FINANCIAL SERVICES, LLC.
BELLEVUE
965467287-00002 Cellphones - 11/21 - 12/20/18 7,758.24
Date: 1/3/19 11:02:56 AM Page: 3Meridian City Council Meeting Agenda January 8, 2019 – Page 226 of 363
City Of Meridian
Invoices Selected for Payment - Invoices for Payment - Amie
Code
Fund
Fund Title Vendor Name Invoice/Credit Description Invoice Amount
01 General Fund VERIZON FINANCIAL SERVICES, LLC.
BELLEVUE
965467287-00003 Data Plan #2 - 11/21 - 12/20/18 683.00
01 General Fund VLCM Ordered by VCT Request VCT Engineering Services for
Mitel Ph
1,451.25
01 General Fund WALL 2 WALL COMMERCIAL FLOORING Carpet purchase and install Plan Review office, 202 8,256.00
01 General Fund WASHINGTON ASSOC OF BUILDING
OFFICIALS
Mechanical/Building Job Postings 300.00
01 General Fund WEX BANK INC #0496-00-332449-8, 12/31/2018_WEX_Bank 24,246.17
01 General Fund ZONES HP TA03XL Notebook Battery 100.00
01 General Fund ZONES Surface Pro 6 256GB I5 8GB Platinum 1,467.50
01 General Fund ZONES Surface Pro 6 256GB I5 8GB Platinum, Microsoft 1,467.50
01 General Fund ZONES UAG Rugged Case for Surface Pro Surface Pro 4,
Surface Pro L
142.00
Total 01 General Fund 221,650.12
60 Enterprise
Fund
A COMPANY INC WRRF Capacity Exp. porta potty services 11/12-12/9/18 99.63
60 Enterprise
Fund
ASPEN CREEK CONSTRUCTION LLC.19-0162 Willowbrook Dr sanitary sewer service repairs 35,700.00
60 Enterprise
Fund
AVAYA, INC.Service Agreements Hardware 236.91
60 Enterprise
Fund
BROWN & CALDWELL 18-0065,WRRF Cap.Exp.B&C services 10/26-11/22/18 21,496.41
60 Enterprise
Fund
CENTURYLINK Home Court, PD DSL, Centrex Phone Lines, 12/18 653.80
60 Enterprise
Fund
CH2M HILL ENGINEERS, INC 17-0384,WRRF Headworks Upgrades,Programming
10/27-11/23/18
6,517.56
60 Enterprise
Fund
CORE & MAIN LP Brass Nipple Qty 7 23.66
60 Enterprise
Fund
CSS GROUP Digline Translore Monthly Service Fee 11/1 to 11/30/18 185.00
60 Enterprise
Fund
DLT SOLUTIONS AutoCAD Civil 3D Government Maintenance Plan (1
year)
3,483.90
60 Enterprise
Fund
DUBOIS CHEMICALS INC 19-0016 Ferric Chloride (46,300#)8,208.99
60 Enterprise
Fund
EDGE ANALYTICAL, INC.NPDES Testing 215.34
60 Enterprise
Fund
EDGE ANALYTICAL, INC.NPDES Testing (2 qty)184.00
Date: 1/3/19 11:02:56 AM Page: 4Meridian City Council Meeting Agenda January 8, 2019 – Page 227 of 363
City Of Meridian
Invoices Selected for Payment - Invoices for Payment - Amie
Code
Fund
Fund Title Vendor Name Invoice/Credit Description Invoice Amount
60 Enterprise
Fund
EXECUTRAIN OF IDAHO Registration for RMason to attend Exel Beyond the
Basics
261.00
60 Enterprise
Fund
FASTENAL COMPANY Cholrine Bleach Qty 6 19.53
60 Enterprise
Fund
FASTENAL COMPANY Setting Tool Qty 2 5.60
60 Enterprise
Fund
FASTENAL COMPANY SS ACS 3/4 10x2 1/4 Qty 32 105.12
60 Enterprise
Fund
GREGG BARNEY EXCAVATION Well 33 Excavation, doze well pad as of 12/3/18 250.00
60 Enterprise
Fund
HOME DEPOT CREDIT SERVICES Ear protection for MLatham & DPatton (2 qty)51.96
60 Enterprise
Fund
HOMERIVER GROUP Refund: wat/sewer/trash, #09927132-02, 1278 W
Loretta St.,
199.92
60 Enterprise
Fund
IDAHO POWER 2205167097 WWTP Power - Liftstations - December
2018
3,356.19
60 Enterprise
Fund
ITsavvy LLC Epson Custom Micro-Adjustable Projector Mount Kit 99.93
60 Enterprise
Fund
KELLER ASSOCIATES, INC.18-0103, TO 10782.a - S Meridian Linder Rd. Sewer
Trunk - De
8,269.25
60 Enterprise
Fund
MATERIALS TESTING & INSPECTION 17-0135,WRRF Cap.Exp.Special Insp,11/26-12/9/18 2,923.20
60 Enterprise
Fund
MATERIALS TESTING & INSPECTION 17-0365,WRRF Headworks Upgrade testing service
11/26-12/9/18
589.80
60 Enterprise
Fund
MURRAYSMITH INC 18-0405,Infiltration&Inflow monitoring serves as of
11/30/18
292.00
60 Enterprise
Fund
MURRAYSMITH INC Unidirectional Flushing design services thru 11/30/18 2,991.00
60 Enterprise
Fund
NENA: THE 9-1-1 ASSOCIATION 2019 NENA membership renewal Terri Ricks 142.00
60 Enterprise
Fund
O'REILLY AUTO PARTS Funnel, Oil Pan Qty 2 4.78
60 Enterprise
Fund
OFFICE DEPOT, INC.office supplies, paper, tape, organizer, toner, post-its,
ba
268.21
60 Enterprise
Fund
PACIFIC BACKFLOW 19-0071 FY19 Backflow Device Testing Qty 25 575.00
60 Enterprise
Fund
PACIFIC BACKFLOW Replaced testcock on backflow device at WRRF 15.00
60 Enterprise
Fund
RICOH USA, INC Order Number 70509151, MPC4504EX-RIC 8,919.00
Date: 1/3/19 11:02:56 AM Page: 5Meridian City Council Meeting Agenda January 8, 2019 – Page 228 of 363
City Of Meridian
Invoices Selected for Payment - Invoices for Payment - Amie
Code
Fund
Fund Title Vendor Name Invoice/Credit Description Invoice Amount
60 Enterprise
Fund
SPECIALTY PLASTICS & FAB, INC PVC socket x socket, PVC threaded reducer bushing
(11 qty)
30.31
60 Enterprise
Fund
TERRACON CONSULTANTS Final Invoice, Well #32 Special Inspection as of 12/1/18 175.00
60 Enterprise
Fund
TESTAMERICA 2x/yr NPDES sampling event (3 qty)485.00
60 Enterprise
Fund
VERIZON FINANCIAL SERVICES, LLC.
BELLEVUE
272508216-00001 Modem for Sys Emergency -
11/24/18 - 12/23/1
8.86
60 Enterprise
Fund
VERIZON FINANCIAL SERVICES, LLC.
BELLEVUE
965467287-00001 Data Plan #1, 11/21 - 12/20/18 1,657.95
60 Enterprise
Fund
VERIZON FINANCIAL SERVICES, LLC.
BELLEVUE
965467287-00002 Cellphones - 11/21 - 12/20/18 2,512.86
60 Enterprise
Fund
VERIZON FINANCIAL SERVICES, LLC.
BELLEVUE
965467287-00003 Data Plan #2 - 11/21 - 12/20/18 81.96
60 Enterprise
Fund
WEX BANK INC #0496-00-332449-8, 12/31/2018_WEX_Bank 5,573.68
Total 60 Enterprise
Fund
116,869.31
Report Total 338,519.43
Date: 1/3/19 11:02:56 AM Page: 6Meridian City Council Meeting Agenda January 8, 2019 – Page 229 of 363
City Council Workshop Meeting Agenda
January 8, 2019
Agenda Item Number: 5
Project File Number:
Item Title: Items Moved From Consent Agenda
Meeting Notes:
City Council Workshop Meeting Agenda
January 8, 2019
Agenda Item Number: 6 A
Project File Number:
Item Title: Meridian Development Corporation Quarterly Report
On development and activities in the Downtown core
Meeting Notes:
I TEM SHEET
C ouncil Agenda I tem - 6.A .
Presenter: Ashley Squyres
Estimated Time f or P resentation: 20 min
Title of I tem - M eridian Development C orporation Quarterly Repor t on Development and
Activities in the D owntown Core
Ashley S quyres will present a quarterly update of MD C activities.
AT TAC HM E NT S:
Description Type Upload D ate
Written R eport B ackup Material 1/3/2019
Meridian City Council Meeting Agenda January 8, 2019 – Page 230 of 363
104 E. Fairview Ave
#239
Meridian, ID 83642
208.477.1632
www.meridiandevelopmentcorp.com
To: Mayor Tammy and Meridian City Council
From: Meridian Development Corporation
RE: Urban Renewal Agency Update (October – December 2018)
Date: January 03, 2019
As requested, please find the following MDC project-related updates since our last update discussion in
October 2018.
• Old City Hall RFP/Main and Broadway Project:
The Council received a copy of the project kickoff meeting notes before the Christmas holiday. At
this time, there are no other updates. Please see the attached notes for a reminder of the
discussions and next steps.
• UPRR Update:
As of December 2018, the State of Idaho has a new representative in the real estate department. A
phone conversation was had prior to the holiday and a project status phone call is envisioned with
MDC and UPRR representatives during January 2019.
• Nine Mile Floodplain:
MDC has continued to work in partnership with the City of Meridian’s Floodplain Administrator on
the appeal of the attached draft 2016 FEMA floodplain maps. Most of the properties between the
UPRR rail line and Franklin Road find themselves in the Nine Mile Floodplain.
In August 2017, MDC filed an appeal of the draft maps. Throughout the Winter and Spring of 2018,
MDC, the City, and MDC’s floodplain engineer negotiated a new flow rate for the Nine Mile
Floodplain. Instead of the 140+ cfs rate as the draft maps indicate, FEMA reviewed the additional
detailed data provided by MDC and has agreed on a flow rate of just under 100-cfs.
FEMA agreed to conduct some additional modeling for MDC and the City based upon the new
flowrate and at no cost to either agency. This information was received in November 2018 and
provided far more information than expected including a map showcasing how much of the
floodplain would be removed from the downtown area once improvements were made.
While the above is excellent news for the future of downtown, MDC is working with our project
engineer and FEMA on one additional analysis prior to beginning the cost estimating and economic
analysis of the project. It is MDC’s goal to remove as many properties along Main Street, north of
Franklin Road, out of the floodplain as possible. With one additional small study, expected to be
completed in January 2019 by Forsgren Associates, we will be able to know if this is possible.
Meridian City Council Meeting Agenda January 8, 2019 – Page 231 of 363
Once this is completed, FEMA has agreed to provide two economic analysis reports to MDC and the
City. One for the concept as shown in the report in your packets, and one for a concept removing all
properties along Main Street. This information is expected in the spring of 2019.
As an aside, the partnership with FEMA has saved MDC thousands of dollars in consulting fees due
to their assistance. We are grateful to FEMA and the Meridian Floodplain Administrator and their
efforts to assist us in taking steps to solve a very real problem for our southern entrance into
downtown.
• Ten Mile District Update:
Please see the attached update and photos courtesy of Brighton Corporation in the attachments.
• Program Year 2018 Sidewalk Project (Carlton Avenue):
MDC has worked in partnership with the CDBG Administrator and Community Development staff
since 2017 on this sidewalk project. Per the subrecipient agreement with the City of Meridian, there
is approximately $177k in funding for this project. This includes approximately $162k for the actual
construction (based upon professional engineering estimates) and $14k for the construction
administration and survey staking.
In May 2018, the project was put out to bid; unfortunately, no bids were submitted. Both MDC and
City staff agreed to place the project back out to bid in August 2018 and allow for flexibility for
bidders to propose project completion either in the Fall of 2018 or Spring of 2019. Bids were due
on October 01.
Four bids were submitted:
1. Blue Sky - $527k
2. Paul Construction - $504k
3. Granite Construction - $439k
4. Bricon - $386k (low bidder)
After discussions with City Staff in October 2018, it was determined to put the project out to bid
again in the winter. MDC went out to bid for a third time in December 2018 with the bids due on
January 31, 2019.
• Program Year 2019 Sidewalk Project (East Third Street):
MDC has been awarded $180k in CDBG monies for the right-of-way project on the east side of East
Third Street between South Broadway Avenue and the UPRR tracks. MDC has committed an
additional $170k in their FY2019 budget to complete the project.
MDC is awaiting a subrecipient agreement from the City of Meridian in order to move forward with
the project and the contract negotiations with their civil engineer for the project. The goal is to
complete design in the Spring of 019 and possible construction in Fall 2019.
• Potential Known Projects in the URA:
1. Retail West Property (Eric Davis) – This is located on the south side of the tracks on the east
side of Main Street. Likely a mixture of office and retail in two buildings fronting Main Street
and potential for apartments in the rear of the property. Eric is negotiating with UPRR for
parking within UPRR’s right-of-way. He is willing to allow some of the parking to be utilized
by the public. More to come.
Meridian City Council Meeting Agenda January 8, 2019 – Page 232 of 363
2. NE Corner of Pine and Meridian – This potential project is a four-story mixed-use building.
The main floor will be office/retail/restaurant with three floors of 1 and 2-bedroom
apartments per the preapplication meeting. MDC has recommended approval of an
alternative parking compliance plan.
3. 2.5-Street – A new developer is reimagining the site on 2.5-Street. They are researching
changing the project from an approved townhome development to higher end condos.
• MDC Meeting Schedules:
o MDC Board Meetings: 2nd Wednesday at 7:30am, 4th Wednesday at 4pm, Conference Room
A, Meridian City Hall
o Public Relations Committee Meeting: Second Monday at 11am, City Council Conference
Room, Meridian City Hall
o Property Committee Meeting: Third Wednesday at 3pm, City Council Conference Room,
Meridian City Hall
o Downtown Parking, Transportation, and Streetscape Committee Meeting: Third Wednesday
at 4pm, City Council Conference Room, Meridian City Hall
o Executive Committee Meetings: The Tuesdays the week before Board meetings at 7:30am,
Ed’s Fifties Diner
o MDC – City Coordination Meeting: Second Monday at 2pm, Community Development Room
Meridian City Council Meeting Agenda January 8, 2019 – Page 233 of 363
Old City Hall Block Kickoff Meeting
December 10, 2018
Introductions (All)
Ashley Squyres [MDC], Todd Lakey [MDC], Dave Winder [MDC], Cameron Arial [City of Meridian],
Ted Baird [City of Meridian], Josh Evarts [Developer], Caleb Roope [Developer], Walt Lindgren
[Developer’s Architect], John Rennison [Developer’s Engineer]
Update on due diligence/additional property acquisition (Caleb/Josh)
• Completed as of November 30, 2018 per the Development Agreement with MDC.
• Findings:
1. Existing Alleyway - ACHD is requesting an additional five feet of right-of-way for the
existing alley. This would allow for a 20-foot paved alleyway allowing for two-way
traffic. If the alleyway were to be vacated as initially envisioned, ACHD would
require a purchase and this would require other non-participating property owners
to agree which is unlikely. [Follow up note: First Interstate Bank has indicated a
willingness to work with the developers on this issue].
2. Additional Properties – Discussions have been had with both owners. One is willing
to sell, the other is not at this time. Caleb is worried that continued conversations
would delay the agreed to milestones in the Development Agreement so the ongoing
conversations with the other property owners have been set aside at this time.
[Follow up note: the owner not willing to sell may be softening in their stance.]
3. Idaho Avenue Redesign – In order to accommodate angled parking on both sides, a
complete street redesign would be required. This is not likely as it would require
cooperation from the property owners on the north side of Idaho Avenue or it
would require shifting the right-of-way burden solely to the south side which would
reduce the building footprints. It has been determined a better compromise is to
leave the north side as it, especially with the existing curb-cuts. When it redevelops
in the future, a redesign could be considered then. The south side would allow for
angled parking if the eastbound left turn lane is eliminated. Due to traffic counts,
and the precedent on the same street between Main and East Second, there should
not be serious concerns with this. The main question is: who should take the lead?
The developer or MDC/City? [Follow up note: In the December 19, 2018 MDC Parking
Committee meeting, Justin Lucas from ACHD stated this could be reviewed with the
forthcoming CZC transmittal for the project. The committee is making a formal
recommendation to the MDC Board on January 09 to pursue the removal of the turn
lane. If the Board agrees, they will issue a letter to the City and ACHD supporting the
Developer’s request.]
Review of Development Agreement and milestone dates (Ashley/Todd)
• The DA and the subsequent milestone dates were discussed as a team. The developer
expressed no concerns surrounding these milestones.
Meridian City Council Meeting Agenda January 8, 2019 – Page 234 of 363
• Discussion surrounded as to the timing of the tenants exiting both 713 North Main Street
and the Old City Hall. Both buildings must be tested for asbestos prior to submitting for a
demolition permit. This testing and the production of a report could take 2-3 weeks. MDC
stated that they provided a lease termination date of no later than February 28, 2019. The
City will be issuing a termination letter to New Ventures Lab the week of December 10th.
[Follow up note: the City has issued the termination letter to NVL and discussed their plans
and how the City can help.]
Permitting Process (Cameron/Ashley)
• City:
1. Certificate of Zoning Compliance [staff level review]
2. Design Review [staff level review]
3. Alternative landscape compliance [staff level review]
4. Review of MDC recommendation for alternative parking compliance [Community
Development Director review]
5. Vacation of sidewalk easements [staff level review]
6. Vacation of public utility easements [City Council review and approval]
• MDC:
1. The Property Committee will review any request for alternative parking compliance
and will make a formal recommendation the MDC Board. The Board of
Commissioners will make a formal recommendation to the Community
Development Director.
Construction Staging/Fencing/Surrounding Business Access (Ashley)
Discussion was had to be thinking as to a plan as to how best to minimally impact businesses,
parking, and pedestrians during the construction of the project. This included how best to stage
construction vehicles; creating attractive fencing that could potentially “tease” the project; and how
best to work and communicate with surrounding businesses and the MDBA.
Communication Expectations Beginning in January 2019 (Ashley/Cameron)
• Weekly status emails to: Ashley and Cameron. Email template to be created and sent to the
developer by the end of 2018.
• Monthly written reports addressed to the Board and City Council for their respective
packets by the end of each month. Report template to be created and sent to the developer
by the end of 2018.
• Milestone completion presentations to the City Council and the MDC Board by the developer
[Note: milestones as outlined in the DA]
• The developer will put together a communications strategy relating to construction and
staging. This will be shared with MDC, the City, the MDBA, and the affected businesses.
• Public relations professionals for MDC and the City will begin their planning for a
demolition ceremony.
Meridian City Council Meeting Agenda January 8, 2019 – Page 235 of 363
From:Ratte, David David.Ratte@fema.dhs.gov
Subject:RE: FEMA Assistance - Nine Mile Creek "what if" scenarios
Date:November 28, 2018 at 10:00 AM
To :David Miles dmiles@meridiancity.org
Cc:Ashley Squyres meridiandevelopmentcorp@gmail.com,Jason Korn jkorn@meridiancity.org,
Affleck, Ferrin P (Ferrin.Affleck@atkinsglobal.com) (Ferrin.Affleck@atkinsglobal.com)Ferrin.Affleck@atkinsglobal.com,
Kiska Robin rkiska@imd.idaho.gov,Crowley, Josha Josha.Crowley@atkinsglobal.com,Kline, Charles charles.kline@fema.dhs.gov
,Skaggs, Kate Kate.Skaggs@mbakerintl.com,O’Shea, Maureen Maureen.OShea@idwr.idaho.gov,Sarpong, Suzanne
suzanne.sarpong@fema.dhs.gov,Cleverley Susan scleverl@imd.idaho.gov,Brandon.W.Hobbs@usace.army.mil,
'Schwarz, Tracy NWW' (Tracy.Schwarz@usace.army.mil)Tracy.Schwarz@usace.army.mil,Biasco, Tamra
Tamra.Biasco@fema.dhs.gov,McCormick, Kyle kyle.mccormick@fema.dhs.gov
Good morning Dave,
Please find attached the report and accompanying attachments. The modeling for the
preferred alternate shows potential elimination of the high flood risk area west of the
project location along the southern side of the railroad and the low flood risk area north
of the railroad where we saw flows splitting out previously. We also see potential
significant flood risk reduction upstream of the project area between Meridian Road and
Franklin Road. Please review and let us know if you would like a call/webinar to discuss
the results and potential next steps.
Thanks,
David M. Ratté, P.E.
Regional Engineer
FEMA Region X
425-487-4657
Federal Emergency Management Agency (FEMA) Region 10 is committed to providing
access, equal opportunity and reasonable accommodation in its services, programs,
activities, education and employment for individuals with disabilities. To request a
disability accommodation contact me at least five working days in advance at 425-487-
4657 or David.Ratte@fema.dhs.gov.
From: David Miles [mailto:dmiles@meridiancity.org]
Sent: Tuesday, November 20, 2018 10:32 AM
To: Ratte, David <David.Ratte@fema.dhs.gov>
Cc: Ashley Squyres <meridiandevelopmentcorp@gmail.com>; Jason Korn
<jkorn@meridiancity.org>; Affleck, Ferrin P (Ferrin.Affleck@atkinsglobal.com)
(Ferrin.Affleck@atkinsglobal.com) <Ferrin.Affleck@atkinsglobal.com>; Kiska Robin
<rkiska@imd.idaho.gov>; Crowley, Josha <Josha.Crowley@atkinsglobal.com>; Kline,
Charles <charles.kline@fema.dhs.gov>; Skaggs, Kate
<Kate.Skaggs@mbakerintl.com>; O’Shea, Maureen
<Maureen.OShea@idwr.idaho.gov>; Sarpong, Suzanne
<suzanne.sarpong@fema.dhs.gov>; Cleverley Susan <scleverl@imd.idaho.gov>;
Brandon.W.Hobbs@usace.army.mil; 'Schwarz, Tracy NWW'
(Tracy.Schwarz@usace.army.mil) <Tracy.Schwarz@usace.army.mil>
Subject: RE: FEMA Assistance - Nine Mile Creek "what if" scenarios
Thanks Dave. Have a Happy Thanksgiving. We will look for the report next week.
Dave
From: Ratte, David [mailto:David.Ratte@fema.dhs.gov]
Sent: Tuesday, November 20, 2018 10:46 AM
Meridian City Council Meeting Agenda January 8, 2019 – Page 236 of 363
Sent: Tuesday, November 20, 2018 10:46 AM
To: David Miles
Cc: Ashley Squyres; Jason Korn; Affleck, Ferrin P (Ferrin.Affleck@atkinsglobal.com)
(Ferrin.Affleck@atkinsglobal.com); Kiska Robin; Crowley, Josha; Kline, Charles; Skaggs, Kate; O’Shea,
Maureen; Sarpong, Suzanne; Cleverley Susan; Brandon.W.Hobbs@usace.army.mil; 'Schwarz, Tracy
NWW' (Tracy.Schwarz@usace.army.mil)
Subject: RE: FEMA Assistance - Nine Mile Creek "what if" scenarios
Hi Dave,
Ferrin’s team delivered the results to me on Nov 7th. I was busy with an open house in
eastern Idaho last week. I am not ready to share the report, but the resulting map is
attached. We should also be able to share the models as desired.
Once we have finalized the report, hopefully by the end of next week, I will share and
then we can set up a webinar to discuss the promising results.
Thanks,
David M. Ratté, P.E.
Regional Engineer
FEMA Region X
425-487-4657
Federal Emergency Management Agency (FEMA) Region 10 is committed to providing
access, equal opportunity and reasonable accommodation in its services, programs,
activities, education and employment for individuals with disabilities. To request a
disability accommodation contact me at least five working days in advance at 425-487-
4657 or David.Ratte@fema.dhs.gov.
From: David Miles [mailto:dmiles@meridiancity.org]
Sent: Tuesday, November 20, 2018 9:25 AM
To: Ratte, David <David.Ratte@fema.dhs.gov>
Cc: Ashley Squyres <meridiandevelopmentcorp@gmail.com>; Jason Korn
<jkorn@meridiancity.org>; Affleck, Ferrin P (Ferrin.Affleck@atkinsglobal.com)
(Ferrin.Affleck@atkinsglobal.com) <Ferrin.Affleck@atkinsglobal.com>; Kiska Robin
<rkiska@imd.idaho.gov>; Crowley, Josha <Josha.Crowley@atkinsglobal.com>; Kline,
Charles <charles.kline@fema.dhs.gov>; Siok, Amanda <Amanda.Siok@fema.dhs.gov>;
Skaggs, Kate <Kate.Skaggs@mbakerintl.com>; O’Shea, Maureen
<Maureen.OShea@idwr.idaho.gov>
Subject: RE: FEMA Assistance - Nine Mile Creek "what if" scenarios
Hi Dave,
Is there a projected end date for this effort, and any update you can share?
Dave
From: David Miles
Sent: Thursday, September 27, 2018 11:34 AM
To: 'Ratte, David'
Cc: 'Ashley Squyres'; Jason Korn; 'Affleck, Ferrin P (Ferrin.Affleck@atkinsglobal.com)
(Ferrin.Affleck@atkinsglobal.com)'; 'Kiska Robin'; 'Crowley, Josha'; 'Kline, Charles'; 'Siok, Amanda';
'Skaggs, Kate'; 'O’Shea, Maureen'
Meridian City Council Meeting Agenda January 8, 2019 – Page 237 of 363
'Skaggs, Kate'; 'O’Shea, Maureen'
Subject: RE: FEMA Assistance - Nine Mile Creek "what if" scenarios
Hi Dave,
Just following up on this email. Do you have any updates?
Dave
From: David Miles
Sent: Friday, September 21, 2018 10:48 AM
To: 'Ratte, David'
Cc: Ashley Squyres; Jason Korn; Affleck, Ferrin P (Ferrin.Affleck@atkinsglobal.com)
(Ferrin.Affleck@atkinsglobal.com); Kiska Robin; Crowley, Josha; Kline, Charles; Siok, Amanda;
Skaggs, Kate; O’Shea, Maureen
Subject: RE: FEMA Assistance - Nine Mile Creek "what if" scenarios
HI Dave,
Can you provide an update and a timeline as to when we can expect results from the
study efforts?
Dave
From: Ratte, David [mailto:David.Ratte@fema.dhs.gov]
Sent: Thursday, August 02, 2018 11:07 AM
To: David Miles
Cc: Ashley Squyres; Jason Korn; Affleck, Ferrin P (Ferrin.Affleck@atkinsglobal.com)
(Ferrin.Affleck@atkinsglobal.com); Kiska Robin; Crowley, Josha; Kline, Charles; Siok, Amanda;
Skaggs, Kate; O’Shea, Maureen
Subject: RE: FEMA Assistance - Nine Mile Creek "what if" scenarios
Thanks Dave. We should be able to share and discuss results late this month or early
next month.
From: David Miles [mailto:dmiles@meridiancity.org]
Sent: Thursday, August 2, 2018 7:08 AM
To: Ratte, David <David.Ratte@fema.dhs.gov>
Cc: Ashley Squyres <meridiandevelopmentcorp@gmail.com>; Jason Korn
<jkorn@meridiancity.org>; Affleck, Ferrin P (Ferrin.Affleck@atkinsglobal.com)
(Ferrin.Affleck@atkinsglobal.com) <Ferrin.Affleck@atkinsglobal.com>; Kiska Robin
<rkiska@imd.idaho.gov>; Crowley, Josha <Josha.Crowley@atkinsglobal.com>; Kline,
Charles <charles.kline@fema.dhs.gov>; Siok, Amanda <Amanda.Siok@fema.dhs.gov>;
Skaggs, Kate <Kate.Skaggs@mbakerintl.com>; O’Shea, Maureen
<Maureen.OShea@idwr.idaho.gov>
Subject: RE: FEMA Assistance - Nine Mile Creek "what if" scenarios
David,
I have attached the a signed PDF of the agreement. Please provide a copy back to
Jason and I once all parties have signed. Also, please provide us a timeline and
breakdown what comes next.
Meridian City Council Meeting Agenda January 8, 2019 – Page 238 of 363
breakdown what comes next.
Sincerely,
Dave Miles
From: Ratte, David [mailto:David.Ratte@fema.dhs.gov]
Sent: Monday, July 30, 2018 2:01 PM
To: David Miles
Cc: Ashley Squyres; Jason Korn; Affleck, Ferrin P (Ferrin.Affleck@atkinsglobal.com)
(Ferrin.Affleck@atkinsglobal.com); Kiska Robin; Crowley, Josha; Kline, Charles; Siok, Amanda;
Skaggs, Kate; O’Shea, Maureen
Subject: RE: FEMA Assistance - Nine Mile Creek "what if" scenarios
Good morning Dave,
I apologize that we lost our traction to get this going in June, but we can still pursue this
effort. Here are my responses to your questions:
Question from Meridian: Would this become part of the regulatory products?
Response: No, not at this time. LOMR options for existing conditions analysis could be discussed as
a follow up. Pre- and post-project mapping should be addressed with the CLOMR/LOMR process as
appropriate.
The City will provide feedback on the results and keep FEMA and the State informed of
how the City and MDC are using the results to advance mitigation goals.
Question from Meridian: What is the expectation here?
Response: FEMA and our state partner, IOEM, track mitigation actions and investments as part of
FEMA’s national goals and metrics. We would appreciate to be kept informed of Meridian’s and
MDC’s progress in pursuing mitigation projects that may result from the effort.
I am fine with the suggested edits.
Please let me know if you wish discuss these questions and responses before we continue working
on this supplemental analysis.
Thanks,
David M. Ratté, P.E.
Regional Engineer
FEMA Region X
425-487-4657
Federal Emergency Management Agency (FEMA) Region 10 is committed to providing
access, equal opportunity and reasonable accommodation in its services, programs,
activities, education and employment for individuals with disabilities. To request a
disability accommodation contact me at least five working days in advance at 425-487-
4657 or David.Ratte@fema.dhs.gov.
From: David Miles [mailto:dmiles@meridiancity.org]
Sent: Thursday, June 14, 2018 9:21 AM
Meridian City Council Meeting Agenda January 8, 2019 – Page 239 of 363
Sent: Thursday, June 14, 2018 9:21 AM
To: Ratte, David <David.Ratte@fema.dhs.gov>
Cc: Ashley Squyres <meridiandevelopmentcorp@gmail.com>; Jason Korn
<jkorn@meridiancity.org>; Affleck, Ferrin P (Ferrin.Affleck@atkinsglobal.com)
(Ferrin.Affleck@atkinsglobal.com) <Ferrin.Affleck@atkinsglobal.com>; Kiska Robin
<rkiska@imd.idaho.gov>; Crowley, Josha <Josha.Crowley@atkinsglobal.com>; Kline,
Charles <charles.kline@fema.dhs.gov>; Siok, Amanda <Amanda.Siok@fema.dhs.gov>
Subject: RE: FEMA Assistance - Nine Mile Creek "what if" scenarios
David,
See attached for a few minor edits and questions.
Dave
From: Ratte, David [mailto:David.Ratte@fema.dhs.gov]
Sent: Tuesday, May 29, 2018 1:36 PM
To: David Miles
Cc: Ashley Squyres; Jason Korn; Affleck, Ferrin P (Ferrin.Affleck@atkinsglobal.com)
(Ferrin.Affleck@atkinsglobal.com); Kiska Robin; Crowley, Josha; Kline, Charles; Siok, Amanda
Subject: RE: FEMA Assistance - Nine Mile Creek "what if" scenarios
Hello Dave,
Please take a look at this draft non-binding addendum to the Lower Boise partnership
agreement. If all looks good, please send me an email indicating this. Otherwise, please
let me know of any questions, comments, or concerns, so that we can revise
accordingly. As soon as we have agreement on this document, STARR II can begin, but
we would like to start as soon as possible in order to complete the analysis in June.
Thanks,
David M. Ratté, P.E.
Regional Engineer
FEMA Region X
425-487-4657
Federal Emergency Management Agency (FEMA) Region 10 is committed to providing
access, equal opportunity and reasonable accommodation in its services, programs,
activities, education and employment for individuals with disabilities. To request a
disability accommodation contact me at least five working days in advance at 425-487-
4657 or David.Ratte@fema.dhs.gov.
From: David Miles [mailto:dmiles@meridiancity.org]
Sent: Tuesday, May 1, 2018 11:48 AM
To: Ratte, David <David.Ratte@fema.dhs.gov>
Cc: Ashley Squyres <meridiandevelopmentcorp@gmail.com>; Jason Korn
<jkorn@meridiancity.org>; Affleck, Ferrin P (Ferrin.Affleck@atkinsglobal.com)
(Ferrin.Affleck@atkinsglobal.com) <Ferrin.Affleck@atkinsglobal.com>; Kiska Robin
<rkiska@imd.idaho.gov>; Crowley, Josha <Josha.Crowley@atkinsglobal.com>; Kline,
Charles <charles.kline@fema.dhs.gov>
Subject: RE: FEMA Assistance - Nine Mile Creek "what if" scenarios
Meridian City Council Meeting Agenda January 8, 2019 – Page 240 of 363
Thank you.
From: Ratte, David [mailto:David.Ratte@fema.dhs.gov]
Sent: Tuesday, May 01, 2018 12:40 PM
To: David Miles
Cc: Ashley Squyres; Jason Korn; Affleck, Ferrin P (Ferrin.Affleck@atkinsglobal.com)
(Ferrin.Affleck@atkinsglobal.com); Kiska Robin; Crowley, Josha; Kline, Charles
Subject: RE: FEMA Assistance - Nine Mile Creek "what if" scenarios
Hi Dave,
Unfortunately, timing was not good for me. I have not had a chance to look at the
request in detail. I have asked Josha with the Region 10 Service Center to take a look
and coordinate with Ferrin to develop recommendations for technical assistance based
on level of effort, available data, and funding. Thanks,
David M. Ratté, P.E.
Regional Engineer
FEMA Region X
425-487-4657
Federal Emergency Management Agency (FEMA) Region 10 is committed to providing
access, equal opportunity and reasonable accommodation in its services, programs,
activities, education and employment for individuals with disabilities. To request a
disability accommodation contact me at least five working days in advance at 425-487-
4657 or David.Ratte@fema.dhs.gov.
From: David Miles [mailto:dmiles@meridiancity.org]
Sent: Tuesday, May 1, 2018 10:49 AM
To: Ratte, David <David.Ratte@fema.dhs.gov>
Cc: Ashley Squyres <meridiandevelopmentcorp@gmail.com>; Jason Korn
<jkorn@meridiancity.org>; Affleck, Ferrin P (Ferrin.Affleck@atkinsglobal.com)
(Ferrin.Affleck@atkinsglobal.com) <Ferrin.Affleck@atkinsglobal.com>
Subject: RE: FEMA Assistance - Nine Mile Creek "what if" scenarios
Hi Dave,
I have not heard back from you or FEMA on this request re: Nine Mile Creek in
Meridian. Do you have any update for us?
Dave
From: David Miles
Sent: Tuesday, April 03, 2018 3:18 PM
To: 'Ratte, David'
Cc: Ashley Squyres; Jason Korn; Affleck, Ferrin P (Ferrin.Affleck@atkinsglobal.com)
(Ferrin.Affleck@atkinsglobal.com)
Subject: RE: FEMA Assistance - Nine Mile Creek "what if" scenarios
David,
Meridian City Council Meeting Agenda January 8, 2019 – Page 241 of 363
Please see the attached letter and files requesting risk assessment assistance on Nine
Mile Creek.
Sincerely,
Dave
David Miles | Business Programs Manager
City of Meridian | Public Works Department
33 E. Broadway Ave., Ste. #200, Meridian, Idaho 83642
Phone: (208) 489-0383|Fax: (208)898-9551
Built for Business, Designed for Living
All e-mail messages sent to or received by City of Meridian e-mail accounts are subject to the Idaho law,
in regards to both release and retention, and may be released upon request, unless exempt from disclosure
by law
From: Ratte, David [mailto:David.Ratte@fema.dhs.gov]
Sent: Friday, March 09, 2018 2:47 PM
To: David Miles
Cc: Jason Korn; Ashley Squyres; Siok, Amanda; McCoy, Cynthia; Kate.Skaggs@mbakerintl.com;
Crowley, Josha; Affleck, Ferrin P
Subject: RE: FEMA Assistance - Nine Mile Creek "what if" scenarios
Dave and Jason,
I apologize for the delays in responding to your email and voicemail.
Unfortunately, I have not had the time to apply to this effort in recent weeks. Here’s the
next steps. Let me know if you can help.
1. Based on the work done by CH2MHill, determine what additional analysis would
be beneficial to mitigation goals of the city and MDC and identify this in writing.
a. I will review the report and follow up with Ferrin on his thoughts.
b. If you can, please start drafting your thoughts and try to prioritize in case
funding does not allow to complete all desired scenarios. We will also
need to document how the results will advance mitigation goals or
projects.
2. As we reach conclusions on the desired analysis, I will work with our contractor
on the level of effort to match up with available funding.
3. For now, we will document with email. Once we are close to finalizing the scope,
we should develop an abbreviated partnership agreement. I believe one was
created for the Lower Boise and sent to communities in the beginning of this
study. This would be an add on to that document. If you are not familiar with this,
I will search for it and send it to you.
Let me know if you have any questions.
Thanks,
David M. Ratté, P.E.
Meridian City Council Meeting Agenda January 8, 2019 – Page 242 of 363
David M. Ratté, P.E.
Regional Engineer
FEMA Region X
425-487-4657
Federal Emergency Management Agency (FEMA) Region 10 is committed to providing
access, equal opportunity and reasonable accommodation in its services, programs,
activities, education and employment for individuals with disabilities. To request a
disability accommodation contact me at least five working days in advance at 425-487-
4657 or David.Ratte@fema.dhs.gov.
From: David Miles [mailto:dmiles@meridiancity.org]
Sent: Thursday, March 1, 2018 12:24 PM
To: Ratte, David <David.Ratte@fema.dhs.gov>
Cc: Jason Korn <jkorn@meridiancity.org>; Ashley Squyres
<meridiandevelopmentcorp@gmail.com>
Subject: FEMA Assistance - Nine Mile Creek "what if" scenarios
Hi David,
Forsgren has completed their efforts for MDC on Nine Mile Creek.
From my notes of our discussion with MDC on January 26 it looks like the next step in
the process is for FEMA and the City to enter into some sort of partnership agreement
for the modeling assistance that FEMA will do. Can you provide the necessary
paperwork and guidance on how we proceed and what forms, etc. are necessary to
effect that next step?
Thank you,
Dave
David Miles | Business Programs Manager
City of Meridian | Public Works Department
33 E. Broadway Ave., Ste. #200, Meridian, Idaho 83642
Phone: (208) 489-0383|Fax: (208)898-9551
Built for Business, Designed for Living
All e-mail messages sent to or received by City of Meridian e-mail accounts are subject to the Idaho law,
in regards to both release and retention, and may be released upon request, unless exempt from disclosure
by law
Nine Mile Creek
Mitigati…ort.pdf
Meridian City Council Meeting Agenda January 8, 2019 – Page 243 of 363
Meridian City Council Meeting Agenda January 8, 2019 – Page 244 of 363
Meridian City Council Meeting Agenda January 8, 2019 – Page 245 of 363
Nine Mile Creek
Mitigation Technical Assistance
Ada County, Idaho
Prepared by:
Date November 2018
Meridian City Council Meeting Agenda January 8, 2019 – Page 246 of 363
Nine Mile Creek Mitigation Technical
Assistance Page ii
Table of Contents
1.0 Project Summary ............................................................................................................. 1
2.0 Approach ......................................................................................................................... 3
2.1.1 Corrected Preliminary ........................................................................................... 3
2.1.2 Proposed Alternative ............................................................................................. 4
3.0 Results ............................................................................................................................ 5
List of Tables
Table 1: Summary of Corrected Discharges ............................................................................... 3
List of Figures
Figure 1: Location Map .............................................................................................................. 1
Figure 2: Forsgren Alternative .................................................................................................... 2
Meridian City Council Meeting Agenda January 8, 2019 – Page 247 of 363
Nine Mile Creek Mitigation Technical
Assistance Page 1
1.0 Project Summary
Nine Mile Creek Mitigation Technical Assistance provides conceptual mitigation scenarios that
the City of Meridian, Idaho can use for planning and mitigation actions. The conceptual scenarios
are based on the following information:
x Preliminary modeling and mapping developed by U.S. Army Corps of Engineers
(USACE) Walla Walla District. In 2016 USACE developed a HEC-RAS model on Nine
Mile Creek which was used to support Preliminary FIRMs in Ada County, September 23,
2016. (Preliminary Model)
x Additional flow concentration points developed by USACE Walla Walla District.
x Conceptual alternative prepared by Forsgren Associates, Inc on behalf of the Meridian
Development Corporation (MDC). Forsgren developed a mitigation alternative which
includes regrading part of the creek and installing pipes downstream of Meridian Road.
This study aims to investigate the impact to Preliminary Base Flood Elevation (BFE) and Special
Flood Hazard Area (SFHA) based on the following:
1. A Corrected Preliminary Model that incorporates the additional flow concentration points
provided by USACE (at crossings at Meridian Road and Railroad).
2. A Proposed Alternative Model based on the Corrected Preliminary Model that
incorporates the Forsgren alternative.
Figure 1 shows the location of Nine Mile Creek in relation to Meridian Road and the Railroad.
The proposed Forsgren mitigation alternative is shown in Figure 2.
Figure 1: Location Map
Meridian City Council Meeting Agenda January 8, 2019 – Page 248 of 363
Nine Mile Creek Mitigation Technical
Assistance Page 2
Figure 2: Forsgren Alternative
Meridian City Council Meeting Agenda January 8, 2019 – Page 249 of 363
Nine Mile Creek Mitigation Technical
Assistance Page 3
2.0 Approach
2.1.1 Corrected Preliminary
Using the Preliminary Model as a base, additional flow points estimated by USACE were
incorporated into the HEC-RAS model. The USACE flows were applied to the model at XS 9300
(93 cfs) and XS 8840 (108 cfs). As with the Preliminary model, a flow of 29 cfs was assumed to
leave Nine Mile Creek just downstream E Watertower Ln at XS 8895 and returns at the
downstream flow change location at XS 8870.
In the Preliminary Model Initial Lateral Flows are used to control flow over the weir and assist the
model in converging on a solution. Initial Lateral Flows were updated for lateral weirs 8838 &
8825. To maintain consistency with the Preliminary Model updates to these flows were made by
interpolation of the Preliminary Model Initial Lateral Flows and their corresponding inflow.
Also maintaining consistency with the Preliminary Model flow diverted out of the system through
weir 8838 (23.5 cfs) was manually added to the inflow table from cross section 8800 to the
downstream limit of the study.
No other changes were made to this model. A summary of the USACE discharges is provided in
Table 1 and displayed in Appendix A.
Table 1: Summary of Corrected Discharges
Location Drainage Area
(sqmi)
Preliminary
Model Flow (cfs)
Corrected Preliminary
Model Flow (cfs)
Downstream Locust Grove Road 0.5 46 46
Downstream Central Drive 0.9 80 80
At Meridian Road
(Applied to XS 9300 - 8900)
(Applied to XS 8895 to 8875)*
(Applied to XS 8870 to 8843)
1.2
136
107
136
93
64
93
At Railroad
(Applied to XS 8840 to 6800) 1.4 136 108
Downstream Linder Road 1.9 136 136
Downstream Ten Mile Road 3.0 194 194
At confluence with Fivemile
Creek 3.3 209 209
*Discharged reduced by 29 cfs consistent with Preliminary Modeling approach
Meridian City Council Meeting Agenda January 8, 2019 – Page 250 of 363
Nine Mile Creek Mitigation Technical
Assistance Page 4
2.1.2 Proposed Alternative
The Proposed Alternative modeling uses the Corrected Preliminary model as a base model and
incorporates the Forsgren alternative (Figure 2). Due to the complexity of the pipe system in this
alternative, the modeling was divided into 3 reaches, shown in Appendix B.
Alternative Model Reach 1
This model reach was created in HEC-RAS using the segment of the Corrected Preliminary model
from its downstream boundary to the downstream end of the Forsgren alternative (XS 8800 to XS
100). A dummy cross section was added at the upstream end to induce the flow boundary
condition. No other changes were made to this model.
Alternative Model Reach 2
This model reach was created using XPSWMM and represents the pipe network proposed by
Forsgren (Items 4,5,6,7, and 8, Figure 2). Item 9 was modeled as an extension of Item 8 with
similar slope and diameter. This model starts at the pipe outfall (Reach 1 XS 8800) and ends 50
feet upstream of Meridian Road. The downstream boundary condition, at the pipe outfall, was
defined using the known water surface elevation taken from the upstream end of Reach 1 (XS
8800). The XPSWMM model includes a pipe network, the culvert at Meridian Road and a channel
segment upstream of Meridian Road.
A flow of 93 cfs was set at the upstream end of the model matching the Corrected Preliminary
model at XS 8850. In order to match the Corrected Preliminary flow between the Railroad and
Meridian Road (108 cfs) a flow of 15 cfs was added to the junction at the end of Meridian Road
culvert (Item 5, see Figure 2).
Alternative Model Reach 3
This model reach was created in HEC-RAS using the Corrected Preliminary model from XS 8850
(upstream end of Reach 2) to the upstream limit of the study. The model was modified to
incorporate the Forsgren alternative between XS 8850 and XS 8865 (Items 1, 2, and 3, Figure
2). The downstream boundary condition was defined using a known water surface elevation taken
from the upstream end of Reach 2, just upstream of the Meridian Road Culvert. No other changes
were made to this model.
Meridian City Council Meeting Agenda January 8, 2019 – Page 251 of 363
Nine Mile Creek Mitigation Technical
Assistance Page 5
3.0 Results
When reviewing results, a change in BFE of 0.5 ft or more was considered significant. Any change
less than 0.5 ft was considered to be insignificant.
The model results indicate that the incorporation of new flow change locations (Corrected Model)
has a significant decrease in BFEs between sections 8100 and 8600. Although flows in the
To_8Mile_Lateral and RailroadSplitflo reaches are reduced, decrease in BFE is insignificant.
Changes in SFHA were found to be insignificant, and therefore were not remapped.
When compared the Corrected Model, the Proposed Alternative would significantly increase BFEs
between sections 6900 and 8800 (Downstream of the Railroad). This increase occurs because
the proposed design contains the entire 1-percent-annual-chance flow in the main system and
prevents the flow diversion at the railroad. This containment of flow would remove SFHA from the
To_8Mile_Lateral and RailroadSplitflo diversion reaches. The Proposed Alternative also would
significantly reduce BFEs and SFHA from the Railroad up to XS 8870 (near Main St). A
comparison of the water surface elevations is summarized in Appendix C. Appendix D shows
changes in the Preliminary SFHA that would result from the Proposed Alternative.
Meridian City Council Meeting Agenda January 8, 2019 – Page 252 of 363
Nine Mile Creek Mitigation Technical
Assistance
Appendix A – Corrected Preliminary Flow Changes
Meridian City Council Meeting Agenda January 8, 2019 – Page 253 of 363
Nine Mile Creek Mitigation Technical
Assistance
Appendix B – Proposed Alternative Reach Locations
Meridian City Council Meeting Agenda January 8, 2019 – Page 254 of 363
Nine Mile Creek Mitigation Technical
Assistance
Appendix C – Summary of Results Table
Meridian City Council Meeting Agenda January 8, 2019 – Page 255 of 363
Nine Mile Creek Mitigation Technical Assistance
Summary of Results
Station
Preliminary Model
(PM) Corrected Preliminary Model (CPM) Proposed Alternative Model (AM)
Q (cfs) BFE (ft) Q (cfs) BFE (ft)
Δ BFE (ft)
(CPM –
PM)
Reach Q (cfs) BFE (ft)
Δ BFE (ft)
(AM – CPM)
9400** 80 2620.5 80 2620.5 0.0 Reach 3 80 2620.5 0.0
9300 136 2617.6 93 2617.4 -0.2 Reach 3 93 2617.4 0.0
9200 136 2617.5 93 2617.3 -0.2 Reach 3 93 2617.4 0.1
9100 AV 136 2617.5 93 2617.3 -0.2 Reach 3 93 2617.4 0.1
9060 136 2617.4 93 2617.3 -0.1 Reach 3 93 2617.3 0.0
9000 136 2617.4 93 2617.3 -0.1 Reach 3 93 2617.3 0.0
8900 136 2617.4 93 2617.3 -0.1 Reach 3 93 2617.3 0.0
8895 AU 107 2617.3 64 2617.2 -0.1 Reach 3 64 2617.3 0.1
8890 AT 107 2615.0 64 2614.9 -0.1 Reach 3 64 2614.6 -0.3
8885 AS 107 2612.8 64 2612.7 -0.1 Reach 3 64 2612.8 0.1
8880 AR Franklin Road 107 2610.0 64 2609.8 -0.2 Reach 3 64 2609.5 -0.3
8875 AQ Main Street 107 2605.4 64 2605.4 0.0 Reach 3 64 2605.8 0.4
8870 136 2604.6 93 2604.4 -0.2 Reach 3 93 2603.0 -1.4*
8865 AP 136 2604.5 93 2604.3 -0.2 Reach 3 93 2602.2 -2.1*
8860 136 2604.5 93 2604.3 -0.2 Reach 3 93 2602.1 -2.2*
8855 136 2603.9 93 2603.8 -0.1 Reach 3 93 2601.9 -1.9*
8850 (Near Meridian Road) 136 2603.9 93 2603.8 -0.1 Reach 3 93 2601.9 -1.9*
Meridian City Council Meeting Agenda January 8, 2019 – Page 256 of 363
Nine Mile Creek Mitigation Technical Assistance
Station
Preliminary Model
(PM) Corrected Preliminary Model (CPM) Proposed Alternative Model (AM)
Q (cfs) BFE (ft) Q (cfs) BFE (ft)
Δ BFE (ft)
(CPM –
PM)
Reach Q (cfs) BFE (ft)
Δ BFE (ft)
(AM – CPM)
8847 136 2603.8 93 2603.7 -0.1 Reach 2
Storm drain has different
alignment than original model
Start of Item 4 93 2601.9 -1.9*
End of Item 4 93 2601.9 ―
Start of Item 5 108 2601.9 ―
End of Item 5 108 2599.9 ―
Start of Item 6 108 2599.9 ―
End of Item 6 108 2596.8 ―
Start of Item 8 108 2596.8 ―
End of Item 8 108 2595.4 ―
Start of Item 9 108 2595.4 ―
End of Item 9 108 2593.4 0.5*
Item 7 was included in Item 6 since they have the same slope and
diameter
8843 136 2603.8 93 2603.7 -0.1
8840 136 2601.5 108 2601.1 -0.4
8835 104.2 2601.5 84.5 2601.1 -0.4
8830 104.2 2601.4 84.5 2601.1 -0.3
8827 AM 104.2 2601.4 84.5 2601.0 -0.4
8823 76.3 2601.4 65.65 2601.0 -0.4
8820 AL 48.4 2601.4 46.8 2601.0 -0.4
8817 48.4 2600.6 46.8 2600.3 -0.3
8813 48.4 2600.6 46.8 2600.3 -0.3
8810 AK 48.4 2600.5 46.8 2600.2 -0.3
8805 48.4 2598.9 46.8 2598.7 -0.2
8800 80.87 2593.1 70.3 2592.9 -0.2 Reach 1 136 2593.4 0.5*
8700 AJ 80.87 2591.0 70.3 2590.9 -0.1 Reach 1 136 2593.1 2.2*
8600 AI 80.87 2589.7 70.3 2588.5 -1.2* Reach 1 136 2593.0 4.5*
8500 80.87 2589.6 70.3 2588.5 -1.1* Reach 1 136 2593.0 4.5*
8400 80.87 2588.6 70.3 2587.7 -0.9* Reach 1 136 2592.3 4.6*
8300 80.87 2588.6 70.3 2587.7 -0.9* Reach 1 136 2592.3 4.6*
8200 AH 80.87 2588.6 70.3 2587.6 -1.0* Reach 1 136 2592.3 4.7*
Meridian City Council Meeting Agenda January 8, 2019 – Page 257 of 363
Nine Mile Creek Mitigation Technical Assistance
Station
Preliminary Model
(PM) Corrected Preliminary Model (CPM) Proposed Alternative Model (AM)
Q (cfs) BFE (ft) Q (cfs) BFE (ft)
Δ BFE (ft)
(CPM –
PM)
Reach Q (cfs) BFE (ft)
Δ BFE (ft)
(AM – CPM)
8100 80.87 2588.6 70.3 2587.6 -1.0* Reach 1 136 2592.3 4.7*
8000 80.87 2586.5 70.3 2586.1 -0.4 Reach 1 136 2588.9 2.8*
7900 AG 80.87 2586.5 70.3 2586.1 -0.4 Reach 1 136 2588.9 2.8*
7800 AF 80.87 2586.5 70.3 2586.1 -0.4 Reach 1 136 2588.9 2.8*
7700 80.87 2586.5 70.3 2586.1 -0.4 Reach 1 136 2588.9 2.8*
7600 80.87 2585.3 70.3 2585.2 -0.1 Reach 1 136 2586.3 1.1*
7500 AE 80.87 2585.3 70.3 2585.2 -0.1 Reach 1 136 2586.3 1.1*
7400 AD 80.87 2585.3 70.3 2585.2 -0.1 Reach 1 136 2586.3 1.1*
7300 80.87 2585.3 70.3 2585.2 -0.1 Reach 1 136 2586.3 1.1*
7200 80.87 2585.0 70.3 2585.0 0.0 Reach 1 136 2585.6 0.6*
7100 AC 80.87 2585.0 70.3 2585.0 0.0 Reach 1 136 2585.6 0.6*
7000 AB 80.87 2585.0 70.3 2585.0 0.0 Reach 1 136 2585.6 0.6*
6900 80.87 2585.0 70.3 2585.0 0.0 Reach 1 136 2585.6 0.6*
6800 80.87 2584.7 70.3 2584.7 0.0 Reach 1 136 2584.7 0.0
6700** AA 136.66 2584.7 136 2584.7 0.0 Reach 1 136 2584.7 0.0
* Change in BFE was found to be significant (greater than 0.5 ft)
** Downstream of 6700 and upstream of 9400 there was no change to modeling data or results.
Meridian City Council Meeting Agenda January 8, 2019 – Page 258 of 363
Nine Mile Creek Mitigation Technical
Assistance
Appendix D – Proposed Alternative Changes to SFHA
Meridian City Council Meeting Agenda January 8, 2019 – Page 259 of 363
N
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Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS,
AeroGRID, IGN, and the GIS User Community
MERIDIAN
- CORRECTED PRELIMINARY FLOW CHANGES -
0 500 1,000 1,500
Ft
Corrected Q (cfs)
64 (from 107)
93 (from 136)
108 (from 136)
NINE MILE CREEK
6800
8840/8843
8870
8875
8895
8900
9300
Meridian City Council Meeting Agenda January 8, 2019 – Page 260 of 363
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E FRANKLIN RD
S
B L A C K
C A T
R D
S
T E N
M I L E
R D
S
L
O
C
U
S
T
G
R
O
V
E
R
D
E
O
V
E
R
L
A
N
D
R
D
E USTICK RD
W OVERLAND RD
N
E
A
G
L
E
R
D
N
L
O
C
U
S
T
G
R
O
V
E
R
D
N
M
E
R
I
D
I
A
N
R
D
N
L
I
N
D
E
R
R
D
N
T
E
N
M
I
L
E
R
D
N
B
L
A
C
K
C
A
T
R
D
W USTICK RD
W FRANKLIN RD
FIVEMILE CRK
N
I
N
E
MILE CRK
Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS,
AeroGRID, IGN, and the GIS User Community
MERIDIAN
- PROPOSED ALTERNATIVE REACH LOCATIONS -
0 1,400 2,800 4,200
Ft
Reach Locations
Reach 1
Reach 2
Reach 3
Meridian City Council Meeting Agenda January 8, 2019 – Page 261 of 363
E FRANKLI N RD
N
M
E
R
I
D
I
A
N
R
D
N
L
I
N
D
E
R
R
D
S
L
I
N
D
E
R
R
D
S
M
E
R
I
D
I
A
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W FRANKLIN RD
RAILROADSPLITFLO
TO_8MILE_LATERAL
Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS,
AeroGRID, IGN, and the GIS User Community
No Change in SFHA
1:12,0001 in ch = 1,0 00 feet
MERIDIAN
FLOODING C ONTAINED IN CHANNEL
MINOR BREACH IN FLOW
- PROPOSED ALTERNATIVE CHANGES TO PRELIMINARY SFHA -
SFHA Changes
No Change in SFHA
Added to SFHA
Removed from SFHA
0 500 1,000 1,500
Ft
Meridian City Council Meeting Agenda January 8, 2019 – Page 262 of 363
12601 W. Explorer Drive Suite 200 Boise, Idaho 83713
www.brightoncorp.com p. 208-378-4000 f. 208-377-8962
December 7, 2018
To: MDC Board
From: Jon Wardle – Ten Mile Crossing, Inc.
RE: Ten Mile URD – December 2018 Report
This report details the following:
1. Infrastructure.
Ten Mile Crossing.
• Complete Phases: TM Crossing Nos. 1 & 2
• TM Crossing No. 3. Agency Review. It is a one-lot plat for a future hotel site.
• TM Crossing No. 4. Engineering and design is in process. Submittal anticipated 2/2019
Ten Mile Creek
• Complete Phases: TM Creek Nos. 1 & 2
• TM Creek No. 3 (TM Creek Cobalt Extension / roundabout). All infrastructure improvements are
complete.
• TM Creek No. 4. It includes the roadway connection from Franklin to Cobalt. Development will
commence late 12/2018.
2. New land entitlements and agreements pertaining to the project
Ten Mile Crossing
• Annexation / Zoning. Brighton purchased a 1.676 acre parcel (R7192800750) in the Primrose
Subdivision, east of TM Crossing. This parcel will be used for parking for future buildings. It is
currently being annexed and zoned into Meridian as C-G. It is currently outside the boundaries
of the URD, and we do not intend to modify URD boundaries to include it.
Ten Mile Creek
• None
3. Forthcoming pre-application meetings
Ten Mile Crossing
• None
Ten Mile Creek
• None
Meridian City Council Meeting Agenda January 8, 2019 – Page 263 of 363
December 7, 2018
Page 2 of 2
4. Land use hearings within the project
Ten Mile Crossing
• None.
Ten Mile Creek
• TM Creek No. 4 Final Plat. City of Meridian. September 25, 2018.
5. New building permits.
Ten Mile Crossing
• Complete Buildings: Building No. 3 (127,000 sf).
• Building No. 2 (78,000 sf). Scheduled for CO – March 2019
• Building No. 4 (10,000 sf). Scheduled for CO – June 2019
• Building No. 5 (8,000 sf). Scheduled for CO – June 2019
Ten Mile Creek
• Complete Buildings: Primary Health, Epic Car Wash, TM Creek Retail (8K)
• The Lofts at Ten Mile. Construction continues on the 240 apartments. Units for lease will be
delivered in Q3 2019.
6. New tenants secured for the project
Ten Mile Crossing
Tenant / Owners 1 2 3 4 5
Ameriben O
Brighton S
Paylocity O
Horrocks O
BVA O
Capital Auto S
Sawtooth S
Pivot KA S
Foothills PT S
Heart ‘n Home S
S – Lease Signed / Under Construction
O – Occupied
• Note: A number of new leases are in process.
Ten Mile Creek
Tenant / Owners A B C D
Primary Health O
Epic Car Wash O
Happy Teriyaki S
Einsteins S
S – Lease Signed / Under Construction
O – Occupied
• Note: A number of new leases are in process.
Meridian City Council Meeting Agenda January 8, 2019 – Page 264 of 363
Meridian City Council Meeting Agenda January 8, 2019 – Page 265 of 363
December 2018
❶
❷❸
1
c
2 3
4
5
❹
Meridian City Council Meeting Agenda January 8, 2019 – Page 266 of 363
October 2018Meridian City Council Meeting Agenda January 8, 2019 – Page 267 of 363
October 2018Meridian City Council Meeting Agenda January 8, 2019 – Page 268 of 363
August 2018Meridian City Council Meeting Agenda January 8, 2019 – Page 269 of 363
October 2018Meridian City Council Meeting Agenda January 8, 2019 – Page 270 of 363
August 2018Meridian City Council Meeting Agenda January 8, 2019 – Page 271 of 363
Meridian City Council Meeting Agenda January 8, 2019 – Page 272 of 363
December 2018
❶
❷
❸
❹
A
B
C
D
Meridian City Council Meeting Agenda January 8, 2019 – Page 273 of 363
October 2018Meridian City Council Meeting Agenda January 8, 2019 – Page 274 of 363
October 2018Meridian City Council Meeting Agenda January 8, 2019 – Page 275 of 363
October 2018Meridian City Council Meeting Agenda January 8, 2019 – Page 276 of 363
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October 2018Meridian City Council Meeting Agenda January 8, 2019 – Page 279 of 363
City Council Workshop Meeting Agenda
January 8, 2019
Agenda Item Number: 6 B
Project File Number:
Item Title: Solid Waste Advisory Commission Report and
Recommendation to Expand Trash or Treasure
Program
Meeting Notes:
U✓
APPROVRo
'� �j( fbi
I TEM SHEET
C ouncil Agenda I tem - 6.B .
Presenter:
S teve Cory, S WAC Chairman
Brett Baranco
Es timated Time for P res entation: 10-15 min
Title of Item - S olid Waste Advisory Commission: Report and Recommendation to Expand Trash or
Treasure Program [Action Item]
Disc ussion about p ro gram and R ec o mmendatio n to take program C itywid e in 2019.
Meridian City Council Meeting Agenda January 8, 2019 – Page 280 of 363
City Council Workshop Meeting Agenda
January 8, 2019
Agenda Item Number: 6 C
Project File Number:
Item Title: Solid Waste Advisory Commission Discussion Regarding
Organization
Meeting Notes:
�� r,l 6 �-6k( t I-Jc-p6e
I TEM SHEET
C ouncil Agenda I tem - 6.C.
Presenter:
Estimated Time f or P resentation:
Title of I tem - Solid Waste Advisory Commission Discussion Regarding Organization
AT TAC HM E NT S:
Description Type Upload D ate
Draft Ordinance B ackup Material 1/3/2019
Meridian City Council Meeting Agenda January 8, 2019 – Page 281 of 363
CITY OF MERIDIAN ORDINANCE NO. _______________
BY THE CITY COUNCIL: BERNT, BORTON, CAVENER,
MILAM, PALMER, LITTLE ROBERTS
AN ORDINANCE AMENDING TITLE 2, CHAPTER 6, SECTIONS 2-3, OF THE
MERIDIAN CITY CODE, REGARDING DUTIES, MEMBERSHIP AND
QUALIFICATIONS FOR THE MEMBERS OF THE SOLID WASTE ADVISORY
COMMISSION PROVIDING FOR A WAIVER OF THE READING RULES; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS ; the City Code establishes the duties, membership and qualifications
necessary for the Cities’ various Commissions; and
WHEREAS; the Solid Waste Advisory Commission (SWAC) was established in its
current duties and configuration in 2015; and
WHEREAS; based upon the work accomplished and the changing needs for the City in
the areas of solid waste and recycling and new variation of the duties, membership and
qualifications for the Commission needs to be reconfigured; and
WHEREAS; the organizational changes described below are in the best interest of the
City of Meridian;
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF
THE CITY OF MERIDIAN, IDAHO:
Section 1.
2-6-2: DUTIES AND POWERS:
A. Commission Authority: The solid waste advisory commission shall be authorized to:
1. Propose and recommend to the mayor and the city council any new or amended rules,
regulations, policies, and fees as such may relate to improving the orderly and efficient
administration of the city's fully automated solid waste collection system and voluntary
commingled recycling program;
2. Propose new programs and projects designed to encourage, promote, and improve the solid
waste and recycling practices in the community, helping reduce the amount of waste that ends up
in the landfill;
3. Recommend ordinances for the purposes of ensuring that the fully automated solid waste
collection system and voluntary commingled recycling program result in a cleaner, safer
community and allow for more cost effective services;
Meridian City Council Meeting Agenda January 8, 2019 – Page 282 of 363
4. Suggest and recommend such rules, regulations, policies, and fees necessary and desirable to
enhance the equitable distribution of the cost of solid waste collection and disposal services in
the community;
5. Assess the needs of the Meridian community with regard to the management of solid waste
and make such information available to the city council and all interested agencies and persons;
6. Propose plans, recommendations and suggestions for the future growth, development and
regulation of solid waste and recycling facilities and services of the city;
7. Cooperate with the federal, state, and local governments in the pursuance of the objectives of
this chapter;
8. Study and report to city council changes in economic conditions, industry trends, and
regulatory measures relating to the cost, operation and management of the city's fully automated
solid waste management system and voluntary commingled recycling program;
9. Receive, review, and act on solid waste management concerns or issues brought forth by
citizens of Meridian, with recommendations to be forwarded to the mayor and city council.
1. Review and recommend to the mayor and the city council rules, regulations, policies, and fees
related to improving the orderly and efficient administration of the city's automated solid waste
collection system;
2. Review and recommend programs and projects designed to encourage, promote, and improve the
solid waste and recycling practices in the community, helping reduce the amount of waste that
ends up in the landfill;
3. Review and recommend ordinance changes for the purposes of ensuring that the automated solid
waste collection system results in a cleaner, safer community and allows for more cost effective
services;
4. Review and recommend rules, regulations, policies, and fees necessary and desirable to enhance
the equitable distribution of the cost of solid waste collection and disposal services in the
community;
5. Represent the public interest in making suggestions and recommendations to the management of
solid waste and make such information available to the city council and all interested agencies
and persons;
6. Provide recommendations and suggestions for the future growth, development and regulation of
solid waste and recycling facilities and services of the city;
7. Cooperate with the federal, state, and local governments in the pursuance of the objectives of this
chapter.
Meridian City Council Meeting Agenda January 8, 2019 – Page 283 of 363
8. Review, and make recommendations due to, changes in economic conditions, industry trends,
and regulatory measures relating to the cost, operation and management of the city's automated
solid waste management system;
9. Hear and review escalated solid waste management concerns or issues brought forth by citizens
of Meridian, franchisee or staff, and provide recommendations to be forwarded to the mayor and
city council;
10. Manage the Community Recycling Fund program including establishing program periods and
verifying funding availability; receive and review program and funding updates; review and
evaluate program applications and changes.
Section 2: That Title 2, Chapter 6, Section 3 is hereby amended as follows:
2-6-3: MEMBERSHIP; QUALIFICATIONS:
All members of the solid waste advisory commission shall have a demonstrated interest,
competence, or knowledge in recycling and solid waste management. Commission membership
shall be selected from the following groups: One (1) member may be an industry expert that does
not reside in the City of Meridian; one (1) Meridian resident shall be under eighteen (18) years of
age at the time of appointment to represent youth; and all remaining members shall be Meridian
residents. There shall be two (2) nonvoting ex officio members made up of a representative from
the Meridian city council and a representative of the current solid waste franchisee. Members of
the solid waste advisory commission shall be selected from the following groups: the utilities
billing manager or designee; the director of the public works department or designee; the city
attorney or designee; and at least three (3), but no more than five (5), Meridian citizens ; and one
member who represents the solid waste franchisee who shall serve as a liaison and ex officio
member of the commission without voting rights.
Section 3. SEVERABILITY
If any provision or section of this Ordinance shall be held to be invalid by a court of
competent jurisdiction, then such provision or section shall be considered separately and apart from
the remaining provisions or sections of this Ordinance, which shall remain in full force and effect.
Section 4. That this ordinance shall be effective immediately upon its passage and
publication.
PASSED by the City Council of the City of Meridian, Idaho, on the ___ day of
_____________, 2019.
APPROVED by the Mayor of the City of Meridian, Idaho, on the ___ day of
______________, 2019.
Meridian City Council Meeting Agenda January 8, 2019 – Page 284 of 363
APPROVED:
______________________________
Tammy de Weerd, Mayor
ATTEST:
_____________________________
C.Jay Coles, City Clerk
Meridian City Council Meeting Agenda January 8, 2019 – Page 285 of 363
City Council Workshop Meeting Agenda
January 8, 2019
Agenda Item Number: 6 D
Project File Number:
Item Title: Solid Waste Advisory Commission Discussion Regarding
Wheeled Cart Collection Placement Standards
Meeting Notes:
I TEM SHEET
C ouncil Agenda I tem - 6.D.
Presenter:
Estimated Time f or P resentation:
Title of I tem - Solid Waste Advisory Commission Discussion Regarding Wheeled Cart
C ollection P lacement Standards
AT TAC HM E NT S:
Description Type Upload D ate
Cart Placement draf t ordinance Ordinance 1/3/2019
Meridian City Council Meeting Agenda January 8, 2019 – Page 286 of 363
CITY OF MERIDIAN ORDINANCE NO. _______________
BY THE CITY COUNCIL: BERNT, BORTON, CAVENER,
MILAM, PALMER, LITTLE ROBERTS
AN ORDINANCE AMENDING TITLE 4, CHAPTER 1, SECTIONS 8 (C)(3)(b), OF THE
MERIDIAN CITY CODE, REGARDING WHEELED CART COLLECTION
PLACEMENT STANDARDS-LOCATION OF PLACEMENT PROVIDING FOR A
WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS ; the City of Meridian and its franchisee have adopted a wheeled cart method
for the collection of residential household solid waste and
WHEREAS; the location of the wheeled cart has varied between the sidewalk adjacent
to he street and the street in front of the residence; and
WHEREAS; the City desires to establish a preferred location for all wheeled carts,
where practicable, with a secondary location if necessary, and a specified location by the
franchisee when necessary and
WHEREAS; the cart placement changes described below are in the best interest of the
City of Meridian;
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF
THE CITY OF MERIDIAN, IDAHO:
Section 1: That Title 4, Chapter 1, Section 8 is hereby amended as follows:
4-1-8: COLLECTION OF SOLID WASTE AND RECYCLABLE MATERIALS:
C. Collection At Residential Premises: The following provisions shall apply to all residential
customers and premises within the city of Meridian:
3. Wheeled Cart Collection Placement Standards:
b. Location Of Placement: Customers shall place wheeled carts containing solid waste or
recyclable materials to be collected by the franchisee at the alley or street curb, with the
handle facing the premises. The wheeled cart shall be at least three feet (3') from any
obstruction which may impede automated collection, including, but not limited to, other
wheeled carts, mailboxes, fire hydrants, low hanging trees or shrubs, parked cars, portable
basketball hoops, utility poles, or walls. In no case shall a wheeled cart be placed more than
four feet (4') from the curb for collection. Wheeled carts shall be positioned clear of
pedestrian and vehicular traffic and shall be clearly visible and accessible to the waste
collection personnel at all times. The wheeled cart shall be placed on the roadway with the
wheels of the cart against the face of the curb. If there is no way to safely place the wheeled
cart in the roadway, then the wheeled cart may be placed at the edge of the curb on the
Meridian City Council Meeting Agenda January 8, 2019 – Page 287 of 363
sidewalk. Where a collection truck cannot reasonably access a customer's alley or street
curb, franchisee shall designate an accessible location where such customer shall place
wheeled carts for collection. If the franchisee designates a specific location for collection
then the wheeled cart must be placed in that location. Franchisee personnel shall not be
required to pass through any doors or gates, cross flowerbeds or lawns, go through hedges,
or place themselves in any situation which could jeopardize their health or safety in order to
provide collection services.
Section 2. SEVERABILITY
If any provision or section of this Ordinance shall be held to be invalid by a court of
competent jurisdiction, then such provision or section shall be considered separately and apart from
the remaining provisions or sections of this Ordinance, which shall remain in full force and effect.
Section 3. That this ordinance shall be effective immediately upon its passage and
publication.
PASSED by the City Council of the City of Meridian, Idaho, on the ___ day of
_____________, 2019.
APPROVED by the Mayor of the City of Meridian, Idaho, on the ___ day of
______________, 2019.
APPROVED:
______________________________
Tammy de Weerd, Mayor
ATTEST:
_____________________________
C.Jay Coles, City Clerk
Meridian City Council Meeting Agenda January 8, 2019 – Page 288 of 363
City Council Workshop Meeting Agenda
January 8, 2019
Agenda Item Number: 7 A
Project File Number:
Item Title: Continued from December 11, 2018: Request to
Provide Water and Sewer Service to Un -annexed
Property at 5233 W. Franklin Road.
Meeting Notes:
50/Y//Vt - N 0
Yr
I TEM SHEET
C ouncil Agenda I tem - 7.A .
Presenter:
Estimated Time f or P resentation:
Title of I tem - C ontinued from December 11, 2018: Request to Provide Water and S ewer
Service to Un-annexed Property at 5233 W. F ranklin Rd.
AT TAC HM E NT S:
Description Type Upload D ate
S taff Memo 01-03-19 Cover Memo 1/3/2019
Memo from A pplicant 12-20-18 Cover Memo 12/20/2018
Revised S ite Plans 12-20-18 B ackup Material 12/20/2018
S taff Memo 12-06-18 Cover Memo 12/6/2018
S taff Memo 10-11-18 Cover Memo 11/16/2018
Request Cover Memo 11/16/2018
Concept B ackup Material 11/16/2018
Meridian City Council Meeting Agenda January 8, 2019 – Page 289 of 363
January 3, 2019
MEMORANDUM
TO: Mayor Tammy de Weerd
City Council Members
CC: City Clerk
FROM: Caleb Hood, Planning Division Manager
Stephanie Leonard, Associate Planner
RE: Request for Pre-Annexation Services for 5233 W. Franklin Road
January 8, 2019 City Council Agenda Item
This item was continued from December 11 th . The subject memo has been updated to reflect the
applicant’s revised site and landscape plan dated 12/13/18 as well as a new narrative letter dated,
December 14, 2018 (attached). New information is in underline and strikethrough herein.
Planning Staff is in receipt of a letter dated August 30, 2018 from Becky McKay, Engineering
Solutions (see letter attached.) The letter mentions that Butte Fence wants to relocate their
business, construct a fabrication and assembly plant and ancillary offices in a new 13,000 square
foot building on a 5.97 acre parcel currently zoned RUT in Ada County. The subject property
address is 5233 W. Franklin Road.
Meridian City Code allows a property owner to petition the Council to connect to City sewer and
water services in advance of annexation. During the November 7 th City Council meeting, Public
Works Staff told the Council that services are readily available to the subject property. While this
property is located within Meridian’s Area of City Impact, it is approximately ¼ mile from being
contiguous to existing city limits and therefore ineligible for annexation (see vicinity map
attached below).
Planning Staff has analyzed the development proposal for consistency with the Comprehensive
Plan and City Code, should the City agree to provide sewer and/or water service to Butte Fence
as they pursue a rezone and development through Ada County.
Meridian City Council Meeting Agenda January 8, 2019 – Page 290 of 363
FUTURE LAND USE AND ZONING:
The subject property is designated “Mixed Employment” (M-E) within the Ten Mile Interchange
Specific Area Plan (TMISAP) on the City’s Future Land Use Map. The zoning designations that
correlate best with the M-E designation include: Community Business District (C-C), General
Retail and Service Commercial District (C-G), Traditional Neighborhood Center (TN-C), and
Mixed Employment (M-E).
• The applicant states that they want the general public to visit and see their products. To
that point they do have a small showroom proposed on the northeast side of the proposed
13,000 s.f. building, which also contains a significant amount of office area and
approximately 7,000 s.f. of warehouse area. While there is an office and showroom/retail
component, a vast majority of the site is proposed for material storage, warehousing and
manufacturing. The proposed use, by City Code, would be deemed a Contractor’s Yard
(UDC 11-1A-1). A contractor’s yard is an industrial type of use; a contractor’s yard is not
a permitted use in any of the sample M-E City zoning districts.
• The TMISAP lists office, research & development, information & light industry,
daycares and ancillary convenience retail uses as sample uses in this area with a floor
area ratio of 0.75 or more; the FAR for this project is 0.05, well below the target (there is
a large storage yard associated with this use). However, there is both an office and a light
industrial/manufacturing and assembly component proposed.
• There are site design characteristics that are envisioned with development in the M-E
area. The proposed site plan complies with some and does not comply with several other
of the site design characteristics of M-E (see attached Mixed Employment Cut Sheet as
well as the City Specific Use Standards analysis below.) The TMISAP calls for M-E
areas to be designed to encourage multimodal travel and convenient circulation to
supporting uses located within the area. The submitted site plan does not show any
vehicular connectivity. If services are provided to this site in advance of annexation, Staff
recommends that cross-access be provided near Franklin Road to the adjacent properties
to the east and west.
• There are 133 acres of property also designated Mixed Employment (M-E) south of
Franklin Road and west of Black Cat Road that surround this property. There is also a
planned collector on the south end of this project that is essential to facilitate access and
the planned uses in this area. ACHD does not construct collector roadways; that is
required of development. Properties in this area are envisioned to front the collector
roadway (where the storage yard future development is proposed). If this segment of a
future collector is not preserved, if not constructed, as planned, it will be more difficult to
develop adjacent properties as envisioned. The proposed project is designed and oriented
with permanent access to Franklin Road in mind, which is contrary to the intent of this
area and could adversely affect the long-range transportation plan and vision of the Ten
Mile Interchange Specific Area Plan. The revised site plan now shows preservation of a
30-foot wide anticipated collector street right-of-way along the south boundary of the
site. Further, the plan depicts a 20-foot wide future street landscape buffer along the
collector. The revised plans also shows a “future development” area over a significant
portion of the southern half of the site where the paved material storage area was
Meridian City Council Meeting Agenda January 8, 2019 – Page 291 of 363
previously depicted. If services are provided to this site in advance of annexation, Staff
recommends that the services agreement include a provision that the southern portion of
this site develop consistent with the envisioned building square footage (10,000 to
1,000,000) as well as the floor area ratio (.75 or higher) envisioned with the TMISAP.
For the reasons listed above, Staff has concerns with allowing the proposed use in this
location – it is not consistent with the City’s Comprehensive Plan.
CITY SPECIFIC USE STANDARDS:
The requestor has submitted draft and revised site and landscape plans (see attached below)
depicting a 13,000 square foot building with 43 parking spaces. The proposed building will
house the warehouse and office operations associated with the business while the southern
portion of the site will be comprised of a paved storage yard, future development and a future
collector street. If the proposed use (Contractor’s Yard) were to be permitted within the City, the
site would be subject to specific use standards listed in UDC 11-4-3-8, Contractor’s Yard:
A. All structures or outdoor storage areas shall be located a minimum of one hundred feet
(100') from any residential district. The applicant is proposing to pave a storage yard
which spans the back 600’ of the site and will abut undeveloped land and a rural single-
family residential lot.
B. Outdoor storage areas shall comply with section 11-3A-14, "Outdoor Storage As An
Accessory Use", of this title. The submitted site and landscape plans shows a 6-foot tall
privacy fence around the storage yard. However, there are no fencing details. The subject
property would be required to screen the storage yard with a six-foot solid fence, if
developed in the City.
C. The site shall not be used as a junkyard or vehicle wrecking yard as herein defined.
This does not apply to the subject proposal. (Ord. 05-1170, 8-30-2005, eff. 9-15-2005)
CITY PARKING STANDARDS:
UDC 11-3C-6B requires one parking space per 500 square foot for commercially zoned
properties and one parking space per 2,000 square foot for industrially zoned properties. The
current proposal provides parking in excess of UDC standards. However, more than 50-percent
of site parking is located between the building facade and abutting streets, which does not
comply with UDC 11-3A-19B-3a.
ACCESS:
The submitted plans depict use of an existing access point (currently an unimproved driveway) to
W. Franklin Road for this property. Meridian City Code 11-3A-3.A.2 states: Where access to a
local street is not available, the property owner shall be required to grant cross-access/ingress-
egress easements to adjoining properties. If services are provided to this site in advance of
annexation, Staff recommends that cross-access be provided near Franklin Road to the adjacent
properties to the east and west.
LANDSCAPING:
There is a proposed 35-foot street buffer on the northern boundary. The west, south and east
perimeters of the site, adjacent to rural single-family residential uses, includes a ten-foot wide
Meridian City Council Meeting Agenda January 8, 2019 – Page 292 of 363
landscape buffer, with a future 20-foot wide street buffer on the south boundary. UDC Table 11-
2B-3 requires a 25-foot landscape buffer be provided between C-C, C-G and M-E zones and
residential uses. Similarly, if the subject property were zoned I-L, UDC Table 11-2C-3 requires
a 25-foot landscape buffer be provided.
BUILDING DESIGN:
The proposed building materials consist of pre-engineered metal, split face CMU wainscot,
aluminum storefront windows and a steel awning over the main entrance. Based on the submitted
elevations of the north façade of the building (east, west, and/or south elevations were not
submitted) the design of the building appears to generally comply with the City’s Architectural
Standards Manual for Industrial districts.
If Council grants the subject request for sewer and water service, Planning Staff requests
appropriate provisions and/or changes to the submitted site and landscape plan be
included in the hook-up agreement.
Meridian City Council Meeting Agenda January 8, 2019 – Page 293 of 363
REQUEST LETTER
Meridian City Council Meeting Agenda January 8, 2019 – Page 294 of 363
REVISED NARRATIVE
Meridian City Council Meeting Agenda January 8, 2019 – Page 295 of 363
Meridian City Council Meeting Agenda January 8, 2019 – Page 296 of 363
VICINITY MAP
Meridian City Council Meeting Agenda January 8, 2019 – Page 297 of 363
SUBMITTED ELEVATIONS, SITE AND LANDSCAPE PLAN
Meridian City Council Meeting Agenda January 8, 2019 – Page 298 of 363
REVISED ELEVATION, SITE AND LANDSCAPE PLAN
Meridian City Council Meeting Agenda January 8, 2019 – Page 299 of 363
Meridian City Council Meeting Agenda January 8, 2019 – Page 300 of 363
MIXED EMPLOYMENT CUT SHEET
Meridian City Council Meeting Agenda January 8, 2019 – Page 301 of 363
Meridian City Council Meeting Agenda January 8, 2019 – Page 302 of 363
Meridian City Council Meeting Agenda January 8, 2019 – Page 303 of 363
Meridian City Council Meeting Agenda January 8, 2019 – Page 304 of 363
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NOT FOR CONSTUCTIONREVISIONS:SHEET OFFORDRAWN BY:DATE:CHECKED:JOB NO.:STAMPCONTRACTORS218 12th Ave. South Nampa, ID 83651 (208) 465 -8887 www.rrccontractors.com 1212 12th Avenue South Nampa, Idaho 83651 Phone: 208 -463 -9295 www.jgt -architecture.com *******JPW 12/13/18BUTTE FENCE CONCEPT PLAN FRANKLIN RD. ADA COUNTY, ID SITE PLAN CONCEPT ELEVATION A-1.0 2 1 1" = 40'-0"
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NOT FOR CONSTUCTIONREVISIONS:SHEET OFFORDRAWN BY:DATE:CHECKED:JOB NO.:STAMP *******JPW 12/13/18BUTTE FENCE CONCEPT PLAN FRANKLIN RD. ADA COUNTY, ID SITE LANDSCAPE PLAN A-1.1 2 2
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December 6, 2018
MEMORANDUM
TO: Mayor Tammy de Weerd
City Council Members
CC: City Clerk
FROM: Caleb Hood, Planning Division Manager
Stephanie Leonard, Associate Planner
RE: Request for Pre-Annexation Services for 5233 W. Franklin Road
December 11, 2018 City Council Agenda Item
Planning Staff is in receipt of a letter dated August 30, 2018 from Becky McKay, Engineering
Solutions (see letter attached.) The letter mentions that Butte Fence wants to relocate their
business, construct a fabrication and assembly plant and ancillary offices in a new 13,000 square
foot building on a 5.97 acre parcel currently zoned RUT in Ada County. The subject property
address is 5233 W. Franklin Road.
Meridian City Code allows a property owner to petition the Council to connect to City sewer and
water services in advance of annexation. During the November 7th City Council meeting, Public
Works Staff told the Council that services are readily available to the subject property. While this
property is located within Meridian’s Area of City Impact, it is approximately ¼ mile from being
contiguous to existing city limits and therefore ineligible for annexation (see vicinity map
attached below).
Planning Staff has analyzed the development proposal for consistency with the Comprehensive
Plan and City Code, should the City agree to provide sewer and/or water service to Butte Fence
as they pursue a rezone and development through Ada County.
FUTURE LAND USE AND ZONING:
The subject property is designated “Mixed Employment” (M-E) within the Ten Mile Interchange
Specific Area Plan (TMISAP) on the City’s Future Land Use Map. The zoning designations that
correlate best with the M-E designation include: Community Business District (C-C), General
Retail and Service Commercial District (C-G), Traditional Neighborhood Center (TN-C), and
Mixed Employment (M-E).
Meridian City Council Meeting Agenda January 8, 2019 – Page 307 of 363
The proposed use, by City Code, would be deemed a Contractor’s Yard (UDC 11-1A-1).
A contractor’s yard is an industrial type of use; a contractor’s yard is not a permitted use
in any of the sample M-E City zoning districts.
The TMISAP lists office, research & development, information & light industry,
daycares and ancillary convenience retail uses as sample uses in this area with a floor
area ratio of 0.75 or more; the FAR for this project is 0.05, well below the target (there is
a large storage yard associated with this use).
There are site design characteristics that are envisioned with development in the M-E
area. The proposed site plan does not comply with several of the site design
characteristics of M-E (see attached Mixed Employment Cut Sheet as well as the City
Specific Use Standards analysis below.)
There are 133 acres of property also designated Mixed Employment (M-E) south of
Franklin Road and west of Black Cat Road that surround this property. There is also a
planned collector on the south end of this project that is essential to facilitate access and
the planned uses in this area. ACHD does not construct collector roadways; that is
required of development. Properties in this area are envisioned to front the collector
roadway (where the storage yard is proposed). If this segment of a future collector is not
preserved, if not constructed, as planned, it will be more difficult to develop adjacent
properties as envisioned. The proposed project is designed and oriented with permanent
access to Franklin Road in mind, which is contrary to the intent of this area and could
adversely affect the long-range transportation plan and vision of the Ten Mile
Interchange Specific Area Plan.
For the reasons listed above, Staff has concerns with allowing the proposed use in this
location – it is not consistent with the City’s Comprehensive Plan.
CITY SPECIFIC USE STANDARDS:
The requestor has submitted draft site and landscape plans (see attached below) depicting a
13,000 square foot building with 43 parking spaces. The proposed building will house the
warehouse and office operations associated with the business while the southern portion of the
site will be comprised of a paved storage yard. If the proposed use (Contractor’s Yard) were to
be permitted within the City, the site would be subject to specific use standards listed in UDC
11-4-3-8, Contractor’s Yard:
A. All structures or outdoor storage areas shall be located a minimum of one hundred feet
(100') from any residential district. The applicant is proposing to pave a storage yard
which spans the back 600’ of the site and will abut undeveloped land and a rural single-
family residential lot.
B. Outdoor storage areas shall comply with section 11-3A-14, "Outdoor Storage As An
Accessory Use", of this title. The submitted site and landscape plans show a fence
around the storage yard. However, there are no fencing details. The subject property
Meridian City Council Meeting Agenda January 8, 2019 – Page 308 of 363
would be required to screen the storage yard with a six-foot solid fence, if developed in
the City.
C. The site shall not be used as a junkyard or vehicle wrecking yard as herein defined.
This does not apply to the subject proposal. (Ord. 05-1170, 8-30-2005, eff. 9-15-2005)
CITY PARKING STANDARDS:
UDC 11-3C-6B requires one parking space per 500 square foot for commercially zoned
properties and one parking space per 2,000 square foot for industrially zoned properties. The
current proposal provides parking in excess of UDC standards. However, more than 50-percent
of site parking is located between the building facade and abutting streets, which does not
comply with UDC 11-3A-19B-3a.
ACCESS:
The submitted plans depict use of an existing access point (currently an unimproved driveway) to
W. Franklin Road for this property. Meridian City Code 11-3A-3.A.2 states: Where access to a
local street is not available, the property owner shall be required to grant cross-access/ingress-
egress easements to adjoining properties.
LANDSCAPING:
There is a proposed 35-foot street buffer on the northern boundary. The west, south and east
perimeters of the site, adjacent to rural single-family residential uses, includes a ten-foot wide
landscape buffer. UDC Table 11-2B-3 requires a 25-foot landscape buffer be provided between
C-C, C-G and M-E zones and residential uses. Similarly, if the subject property were zoned I-L,
UDC Table 11-2C-3 requires a 25-foot landscape buffer be provided.
BUILDING DESIGN:
The proposed building materials consist of pre-engineered metal, split face CMU wainscot,
aluminum storefront windows and a steel awning over the main entrance. Based on the submitted
elevations of the north façade of the building (east, west, and/or south elevations were not
submitted) the design of the building appears to generally comply with the City’s Architectural
Standards Manual for Industrial districts.
If Council grants the subject request for sewer and water service, Planning Staff requests
appropriate provisions and/or changes to the submitted site and landscape plan be
included in the hook-up agreement.
Meridian City Council Meeting Agenda January 8, 2019 – Page 309 of 363
A. REQUEST LETTER
Meridian City Council Meeting Agenda January 8, 2019 – Page 310 of 363
B. VICINITY MAP
Meridian City Council Meeting Agenda January 8, 2019 – Page 311 of 363
C. SUBMITTED ELEVATIONS, SITE AND LANDSCAPE PLAN
Meridian City Council Meeting Agenda January 8, 2019 – Page 312 of 363
D. MIXED EMPLOYMENT CUT SHEET
Meridian City Council Meeting Agenda January 8, 2019 – Page 313 of 363
Meridian City Council Meeting Agenda January 8, 2019 – Page 314 of 363
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City Council Workshop Meeting Agenda
January 8, 2019
Agenda Item Number: 8 A
Project File Number:
Item Title: Human Resources Department Annual Report
Meeting Notes:
I TEM SHEET
C ouncil Agenda I tem - 8.A .
Presenter: Crystal Ritchie
Estimated Time f or P resentation:
Title of I tem - Human Resources D epartment Annual Report
Meridian City Council Meeting Agenda January 8, 2019 – Page 323 of 363
2018 ANNUAL DEPARTMENT REPORT
HUMAN RESOURCES
Crystal Ritchie, Human Resources Director
January 08, 2019
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Agenda
•Human Resources
•2018 Projects and Initiatives
•Employment
•Compensation Administration
•Benefit Administration
•Training and Development
•Employee Engagement
•Policy Administration and Compliance
•Questions
HUMAN RESOURCES
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Department Overview –What We Do
Human
Resources
Recruitment
Benefits
Administration
Staffing
Compensation
Administration
Employee
Engagement
Training and
Development
Employee
Relations
Compliance
Workers
Compensation
Policy
Administration
New Employee
Orientation
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Department Overview –Your Human Resources Department
Vacant New Position (Thank you Council)
Crystal Ritchie, HR Director Laura Lee Berg, Senior HR Generalist
Christena Barney , HR Generalist. Jessica More , HR Coordinator. Brittany Duff , Administrative Assistant
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Department Overview –How We Do It
Collaboration
Cooperation
Helpfulness
Partnership
Participation
Pulling
Together
Joint Effort
2018 PROJECTS AND INITIATIVES
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2018 Accomplishments
Lets take a deeper dive….
Compliance
Internal Alignment (Phase 2)
Recruitment File Audit
Separated Employee Files
Archived
Union Negotiations
I-9 Audit (82% Complete)
Community Focus
United Way Campaign 2017
and 2018
National Groundhog Job
Shadow Day
Youth Work Life Skills
Program
Employee Engagement
Annual Employee
Appreciation Picnic
Administered Employee
Engagement Survey
City Employee Meeting
Published 6 Editions of the
HR2You Newsletter
Training / Development
ICRMP Risk Management
Discount Training Program
Developed External Training
Resources Intranet Page
Leadership Training Program
BEST Training
General Employee
Compensation Training
Avoiding Discriminatory
Harassment Training (Fire)
Benefits / Wellness
Annual Open Enrollment
Implemented Bike Share
Program
Self Funding Council
Recommendation
Benefit Broker Selection
Benefits and Wellness
Survey
New Family Focused Events
Compensation
Police Step Plan Study
Fire Department Wage and
Benefit Data Collection
Annual Budget Process
(Reclassification and Equity
Reviews)
Conducted Market Analysis
Participated in Salary
Surveys ( Local, State,
Regional)
Employee Relations
Annual Performance
Evaluation Process
Recruitment
Employee Support
Management Support
Enhanced New Employee
Orientation
Process Improvements
New Employee Welcome
Posters
New Employee Orientation
Surveys
Affirmative Action Automation
Organizational Chart Transition
from Finance
Implemented Employee
External Training Intranet Page
Performance Evaluation Due
Date Audit
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Strategic Objectives Status
Additional Updates will be covered in the upcoming Strategic Objectives Presentation
Closed
EMPLOYMENT
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Employment -Staffing
Total Number of Employees by Department
City Average Retention Rate
City Average Years of Service
Average Years of Service BY Department
City Average Years of Service: 7.84
20+22
15-19 47
10-14 101
5-9 73
0-4 212
Average Years of Service by Department
Highest Year of
Service
City Clerk 9.48 16.58
Community Development 5.99 26.51
Finance 8.02 22.27
Fire 9.95 26.25
Human Resources 5.28 9.97
Information Technology 5.89 16.48
Legal 13.75 16.99
Mayor's Office 5.74 18.99
Parks 6.02 21.79
Police 835 26.25
Public Works 7.02 37.53
City Employees: 455
City Clerk 7
Community Development 32
Finance 19
Fire 84
Human Resources 5
Information Technology 17
Legal 5
Mayor's Office 7
Parks 39
Police 136
Public Works 104
City Average Retention Rate:
(regular full and part time)
2018 91.06%
2017 90.15%
2016 95.2%
2015 91.4%
Human Resources has primary
responsibilities for managing, and
assisting, with all employee
related matters
THANK YOU to our employees for their dedicated years of service!
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Employment
•18 Applications Received
•17 Interviews Conducted
•1807.50 Hours Worked over 8 weeks
•10 Departments / Divisions Participated
•$13,556.25 Payroll Costs
Department Participants
Learning and Development
•Interview Feedback
•Workplace Accountability
•Performance Feedback
•Resume Development
Pamela Johnston
Meridian Library District
2018 Interns
Employment Staffing –Youth Work Life Skills
•Clerks Office
•Finance
•Human
Resources
•Community
Development
•Mayor’s Office
•Parks and Recreation
•Public Works
Facilities
Wastewater
Water
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Employment -Recruitment
•Human Resources received and processed 2532 external
employment applications (FY18)
•Advertisement Costs: $20,887.35 (FY18)
(This represents the initial advertisement costs only)
•61 Postings (FY18)
•417 Interview Hours
•147 Positions Filled (FY18)
•70 regular full time / part time
•61 seasonal
•16 Youth Work Life Skill Interns
•139 Pre-employment Appointments / 251 Drug and Alcohol Tests
•Average of 369 Reference Checks Processed
•The average cost of recruitment for an employment search was
$342.42
•Average Time to Fill Positions(FY18)
•96.75 days without Police
•146.5 days including Police
The Human Resources Department assists applicants, employees and, managers
with all phases of the employment process. We oversee recruitment, interviewing,
job offers, drug and alcohol testing and background checks (except law enforcement).
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2019 Current and On Our Radar Initiatives
Current Initiatives:
•Continue to Recruit for Active Job Postings (18 current postings)
•Continue Job Description Template Conversion
•Develop New Employment Application Tool (Thank You IT Team!)
•Update Seasonal Groundskeeper Recruitment Process
On Our Radar:
•Review of Recruitment Process (PEAK Academy Training)
•Develop Formalized Intern Program
•Update Exit Interview Process
•Update Reference Check Tools
COMPENSATION AND BENEFIT ADMINISTRATION
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Compensation Administration
The staff in Human Resources attended several seminars throughout the year to stay
informed and remain current with compensation trends, compliance issues and
employee benefits. We received a steady stream of phone calls, emails, and walk-in
visits from employees requesting assistance with benefit, policy and employee related
issues. Here are some examples of the year’s activities:
Industry Information
Regulatory / Compliance
Professional Development
Best Practices
Internal Cross Training
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Compensation Administration –Salary Administration
City of Meridian Employees and Management participated in our annual performance appraisal
process last fall to appraise job performance over the year. General employees were the
recipient of a 2% market and a 3% merit pool for employees who achieved a performance rating
of fully competent or higher, thanks to Council approval.
Throughout the Year:
27 promotions / transfers were approved
Approximately 408 performance appraisals were received and processed
Annual performance appraisal process requires the involvement of all members of the HR staff
along with the City’s Payroll Administrator, Barb Nielson, to ensure that all appraisals and merit
increases are processed in a timely manner without error for the November payday. This process
includes:
HR Receipt of
Appraisal Form
from
Department
HR Review of
each Appraisal
Form
HR Calculation,
Administration
and Audit of
Merit Increase
Payroll Review
of HR
Calculation
and
Administration
of Merit
Increase
Department /
Hiring
Manager
Notification of
Employee
Merit Increase
HR Files each
Appraisal in
Employee
Personnel File
16 Working Days = 210 Performance Reviews
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2019 Current and On Our Radar Initiatives
Current Initiatives:
•Continue General Employee Compensation Analysis
•General Employee Compensation Program Review (Compensation Committee)
•Continue Efforts: Strategic Plan Objectives 3.B.5 Maintain Competitive
Compensation Program
On Our Radar:
•Annual Local, State and Regional Salary Survey Participation and Results Analysis
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Benefit Administration
Many activities are listed here to reflect the multitude of actions handled by the HR
Staff to ensure maximum possible support is provided to City Employees regarding
Benefits
•Benefit Committee meets regularly to carefully evaluate medical, dental, vision
plans, etc.
•Facilitated 16 Open Enrollment Meetings
•Hosted 5th Annual Benefits Fair, 14 vendors participated
•Wellness Activities
•Added Spouse Access to Well Connected Website
•Offered 15 Challenges / Contests
•Facilitated 4 Wellness Days
•FMLA and Workers Compensation Support
•Employee Assistance Program Services
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Worker’s Compensation Employee Assistance Program
The City has established the Employee Assistance
Program thru BPA to provide confidential,
professional assistance to employees and their
family when needed.
EAP offers solutions to problems associated with
family issues, legal issues, job related issues, or
financial issues.
2014 2015 2016 2017
2018
(YTD)
Utilization Rate 12.8%13.8%13.4%11.8%11.6%
New Cases 51 57 54 53 42
By Employee 59.0%44.0%56.0%57.0%38%
By Dependent 41.0%56.0%44.0%43.0%62%
Session Hours 182 213 191 190 137
Average Sessions
Per Case 3.6 3.7 3.5 3.6 3.3
2014 2015 2016 2017
2018
(YTD)
Total Claims 37 52 62 67 66
Total
Compensation:$25,109.87 $59,209.88 $30,969.99 $28,922.40 $43,345.80
Total Medical
Paid:$160,787.46 $158,440.43 $154,964.07 $82,494.62 $159,205.24
The HR department manages the City’s Workers’
Compensation Program. Our insurance Provider
is the State Insurance Fund.
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Wellness Works Program
The Wellness Committee coordinated many
wellness events and activities which were
offered to our employees throughout the past
year:
Wear Purple for Domestic Violence Awareness
Heart & Stroke Walk
Quarterly Wellness Days
Cooking Demonstrations
Poker Walk
St. Luke’s FitOne
Salsa Contest
Annual Biometrics
On-site Yoga and Body Blast
Gingerbread Decorating Contest
The City of Meridian was the recipient of the
American Heart Association Bronze Level
Workplace Achievement Award
Wellness Day –Healthy Cooking Demonstration
Wear Purple for Domestic Violence Awareness
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2019 Current and On Our Radar Initiatives
Current Initiatives:
•Conduct Benefit Valuation
•Analyze Benefits and Wellness Survey Data
•Continue Development of Self Funding Option
•Closed Out: Strategic Plan Objective 4.D.2 Develop a Comprehensive Family
Focused Health and Wellness Program for City Employees
•Closing Out: Strategic Plan Objective 3.B.1 Develop a Cost Effective and
Competitive Benefit Plan
•On Our Radar:
•Analyze Benefit Valuation Results
TRAINING AND DEVELOPMENT
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B.E.S.T. Training
ICRMP Risk Management Training Program
Avoiding Discriminatory Harassment
Training and Development
Human Resources offered and / or coordinated a variety of training and
development opportunities this year
•Enhanced Program
New Employee Orientation
Survey and Welcome Posters
•Generally Offered every
2 Weeks
•23 Sessions Offered
•284 Employees Participated
•25 Classes Offered over 10 months
•Annual Premium Cost Savings
of $16,811.00
Leadership Training Program
•Launched May 2, 2017
•2 Training Courses Offered
•3 Brown Bag Lunch and Learn Speakers
•1186 Participant Hours for Development
•Fire Department Completed
•City Wide Rollout Feb / March
•Special Thanks to Carl Erickson, ICRMP
New Employee Orientation
General Employee Compensation Training
•HR Roadshow
•11 Sessions offered
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Training and Development –Education Reimbursement
The City has an Education Reimbursement Program to reimburse employees for course
work related to their current position or be considered of value to the employee’s
future development with the City.
Education Reimbursement FY14 FY15 FY16 FY17 FY18 FY19
Number of Participants 5 3 10 6 14 13
Number of Reimbursements 7 5 14 10 24 4
Total Funds Utilized $3,418.00 $2,408.00 $11,207.69 $9,313.00 $21,967.00 $3,480.00
0
5
10
15
20
25
30
FY14 FY15 FY16 FY17 FY18 FY19
Utilization
Number of
Participants
Number of
Reimbursements
$0.00
$5,000.00
$10,000.00
$15,000.00
$20,000.00
$25,000.00
FY14 FY15 FY16 FY17 FY18 FY19
Total Funds Utilized
Total Funds Utilized
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2019 Current and On Our Radar Initiatives
Current Initiatives:
•Continue Delivery of Avoiding Discriminatory Harassment Training
•Committee’s Continued Development of Leadership Training Program
•Continue Efforts: Strategic Plan Objective 3.B.2 Identify Position Specific Training Needs
•Closing Out: Strategic Plan Objective 3.B.3 Develop a Succession Planning Program
•Administer Supervisor Feedback Survey
On Our Radar:
•Deliver Diversity Awareness Training
•Develop Supervisor Toolkit
•Review Education Reimbursement Process / Procedure
•Develop HR 101’s
•Web Based Delivery Options
EMPLOYEE ENGAGEMENT
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Employee Engagement
Employee Recognition
(61 Employees Recognize)
Annual City Employee
Appreciation Picnic
United Way Campaign 2018’
($12,422.00) Thank You All!
HR2YOU Newsletter
The Human Resources team is passionate about promoting a culture of employee
engagement where work is meaningful, employees are valued, and teamwork is
celebrated. Below are a few examples from this past year.
City Employee Meeting
Employee Engagement Survey
(372 Responses Received)
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2019 Current and On Our Radar Initiatives
Current Initiatives:
•Explore Employee Volunteer Program (component of Employee Engagement Program)
•Continue Efforts: Strategic Plan Objective 3.B.4 Develop an Employee
Engagement Program
•Development of HR Business Partner Quarterly Update Presentations
On Our Radar
•2nd Annual City Employee Meeting
•United Way Campaign 2019
POLICY ADMINISTRATION AND COMPLIANCE
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Compliance Line
•Compliance Line
•Implemented January 2016
•Telephone or Computer Access
•2 Reports to Date
•FLSA Practices
•Policy Violation
•Ethics Concerns
I-9 Audit
Policy Manual Review
Avoiding Discriminatory Harassment Training
Policy Administration and Compliance
CITY OF MERIDIAN
STANDARD OPERATING POLICY AND
PROCEDURE MANUAL
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2019 Current and On the Radar Initiatives
Current Initiatives:
•Internal Alignment (Phase 3)
•Policy Manual Revision
•Complete I-9 Audit
•Continue Efforts: Records Retention and Destruction
•Research Criminal Background Check Service Options
On Our Radar:
•Affirmative Action Reconciliation
•Continue Delivery of Avoiding Discriminatory Harassment Training
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Thank you!
Human Resources
City Council Workshop Meeting Agenda
January 8, 2019
Agenda Item Number: 8 B
Project File Number:
Item Title: Vehicle Sharing Program Progress Report
Meeting Notes:
Vehicle Sharing Program Update
Process
•City Staff –MPD, MPR, Clerk’s Office, Finance, Legal, Mayor’s Office, Planning
•Potential Vehicle Sharing Program Operators (VESPOs)
•MDC, MDBA, Chamber, WASD, NMID, ITD, ACHD
•Parks & Recreation Commission, Transportation Commission
•Other cities’ experiences, especially Boise’s
Objectives
•Public safety: pedestrians, vehicular traffic, shared vehicle riders
•Facilitate micromobility transportation concept/options
•Clarity for VESPOs, riders, City staff, citizens
Structure of draft ordinance
•Non-exclusive franchise
•Public safety regulations for VESPOs
•Regulations for riders
Decision points
Number of vehicles deployed
-250 initially + “dynamic cap”
model
-500 initially + dynamic cap (if 2
franchisees)
Number of franchises available
-4
-2
-1 (exclusive)
Franchise fee
-Per vehicle (pay up front; no
admin): $1.00, $0.50, $0.35
-Per ride (pay later; admin =
collect, verify): $0.10, $0.20
-Both per vehicle + per ride
Fee for City removal and storage of
shared vehicles
-Amount: $250, $50, $20
Enforcement of speeds, use in parks
-VESPO controls, geofences
-Rider responsible
I TEM SHEET
C ouncil Agenda I tem - 8.B .
Presenter:
Robert S imison
Emily Kane
Es timated Time for P res entation:
Title of Item - Vehicle S haring P rogram Progress Report
S tatus up d ate o f ac tions taken to-date and rec o mmendatio ns fo r moving forward.
AT TAC HM E NT S:
Description Type Upload D ate
Memo and D raf t Ordinance Cover Memo 1/7/2019
Meridian City Council Meeting Agenda January 8, 2019 – Page 324 of 363
City Attorney’s Office 33 E. Broadway Avenue, Suite #306 Meridian, ID 83642
Phone 208-898-5506 www.meridiancity.org
MEMORANDUM
January 7, 2019
TO: Meridian City Council
Mayor Tammy de Weerd
FROM: Emily Kane, Deputy City Attorney
Meridian City Attorney’s Office
RE: Vehicle Sharing Program Operator Ordinance
Following several weeks of discussions and outreach, both internally and with community
partners and stakeholders, the attached draft ordinance is provided for your consideration. This
draft ordinance:
• Establishes a non-exclusive franchise for Vehicle Sharing Program Operators (“VESPOs,”
e.g ., Bird, Lime, etc.) with e-scooter or e-bike sharing programs on public streets, sidewalks,
parks, and pathways in Meridian. From an administrative standpoint, this streamlines the
process to require that VESPOs work with the City Clerk’s Office to apply for a franchise
(similar in form to a license). No additional agreement with the City would be required; the
provisions of the ordinance would cover all aspects of the VESPOs’ use of the public spaces.
• Sets forth public safety regulations for VESPOs, including hours of operation, parking
standards, and timeframe for response to an incorrectly parked vehicle. The ordinance would
also impute responsibility to VESPOs for shared vehicles that, due to volume, location, or
placement, create a hazardous situation on a sidewalk.
• Proposes regulations for riders of e-bikes and e-scooters, to clarify where and how the shared
vehicles may be used and parked.
City staff has worked with Lime and Bird to seek input on many iterations of this ordinance. We
have incorporated this input and have come to consensus on most aspects of the ordinance. We
do, however, specifically seek City Council’s direction regarding the following:
• Whether to limit the number of vehicles deployed in Meridian, and if so, what that number
should be. “Dynamic capping” is a term that describes a flexible upper limit on the number
of vehicles deployed, based on market demand rather than on a set number. The proposed
ordinance seeks to strike a balance between a set upper limit model and a dynamic capping
Meridian City Council Meeting Agenda January 8, 2019 – Page 325 of 363
MEMO – VEHICLE SHARING PROGRAM ORDINANCE PAGE 2 OF 2
model by allowing an initial deployment of 250 shared vehicles, with quarterly increases
upon showing of ridership.
• Methodology for calculating, and amount of, franchise fee. The proposed ordinance lists
different possible models for calculation of a franchise fee, which are variations on two
themes: 1) an up-front assessment per shared vehicle, or 2) a retrospective assessment per
ride. (Note: A franchise imparts a right to use public infrastructure for a private purpose;
franchise fees are more like consideration under a contract than a traditional fee.)
• Number of franchises to be issued. The draft ordinance proposes that the City allow four
VESPOs to operate in Meridian. If Council finds that a lower number of VESPOs is
appropriate, it may choose to allow each VESPO to deploy a greater number of shared
vehicles. (An exclusive franchise model is also an option.)
• Whether to charge VESPOs a fee for City removal and storage of shared vehicles, and if so,
how much the fee should be. (The City’s current agreement with Lime sets this amount at
$250.)
• Enforcement of use restrictions in City parks. The proposed ordinance, with input from the
Parks & Recreation Commission, requires geofencing to regulate speed in parks to 8 mph,
and to prevent shared vehicle use on playgrounds in Kleiner, Settler’s, and Discovery Park;
special use parks like City Hall Plaza and Generations Plaza; tennis courts, and Storey Bark
Park. One potential VESPO has expressed a preference that riders be responsible for
complying with these restrictions, rather than VESPOs being responsible for enforcing these
restrictions via technology.
Thank you; I look forward to speaking to you tomorrow.
Meridian City Council Meeting Agenda January 8, 2019 – Page 326 of 363
DRAFT VEHICLE SHARING PROGRAM ORDINANCE UPDATES 1-7-19
NOTE: This draft is prepared and provided for the sole purpose of gathering stakeholder input and should be
considered illustrative only. The language, form, and concepts represented herein are not and will not be
finalized unless and until the Meridian City Council considers the matter in a public meeting.
Page 1
TITLE 3
BUSINESS AND LICENSE REGULATIONS
CHAPTER 6
VEHICLE SHARING PROGRAMS
SECTION 3-6-1: DEFINITIONS
For the purposes of this chapter, these terms shall be defined as follows:
A. BEACON: A Bluetooth transmitter, placed by Operator, that broadcasts parking locations to
nearby Shared Vehicles.
B. DESIGNATED PARKING AREA: Any part of the public right-of-way designated by the
City for the parking of shared vehicles provided in connection with a Vehicle Sharing
Program.
C. ELECTRIC POWER-ASSISTED BICYCLE or E-BIKE: A vehicle that has two (2) or
three (3) tandem wheels, has no floorboard, and is propelled either by human power or
with the assistance of an electric motor. E-bikes are consumer products, as defined by 15
U.S.C. section 2085, rather than motor vehicles as defined by Idaho Code section 49-
123(1)(h).
D. ELECTRIC POWER-ASSISTED SCOOTER or E-SCOOTER: A vehicle that has two (2)
or three (3) tandem wheels, has a floorboard designed to be stood upon when riding , and is
propelled either by human power or with the assistance of an electric motor. E-scooters are
consumer products, as defined by 15 U.S.C. section 2085, rather than motor vehicles as
defined by Idaho Code section 49-123(1)(h).
E. FRANCHISED PREMISES: Public streets and sidewalks in the City of Meridian; Paved,
ground-level surfaces on property owned by the City of Meridian, excluding the Water
Department and the Wastewater Reuse Facility; and Pathways enumerated in the City of
Meridian Pathways Master Plan, to the extent City is duly authorized to convey such
franchise under the various instruments establishing such pathways.
F. GEOFENCE: A virtual boundary around a geographical area monitored by a global
positioning system or radio frequency identification technology, which triggers a response
from a shared vehicle when it enters or leaves the geofenced area. Such response may
include, but shall not be limited to, decreased maximum speed or inoperability.
G. OPERATOR or VEHICLE SHARING PROGRAM OPERATOR: A person who owns,
manages, operates, or acts on behalf of a Vehicle Sharing Program.
H. PROGRAM or VEHICLE SHARING PROGRAM: The offer for hire or use, by self-service,
Meridian City Council Meeting Agenda January 8, 2019 – Page 327 of 363
DRAFT VEHICLE SHARING PROGRAM ORDINANCE UPDATES 1-7-19
NOTE: This draft is prepared and provided for the sole purpose of gathering stakeholder input and should be
considered illustrative only. The language, form, and concepts represented herein are not and will not be
finalized unless and until the Meridian City Council considers the matter in a public meeting.
Page 2
of one or more shared vehicles.
I. RESTRICTED AREA: Any location where shared vehicles may not be parked.
J. RIDER: A person riding or using a shared vehicle.
K. SHARED VEHICLE: An e-bike, e-scooter, bicycle, or other vehicle offered by a Vehicle
Sharing Program Operator for hire or use by self-service.
SECTION 3-6-2: VEHICLE SHARING PROGRAM FRANCHISE:
A. Franchise established; consideration. There is hereby created by the City of Meridian a
non-exclusive Vehicle Sharing Program franchise for the operation of Vehicle Sharing
Programs on Franchised Premises. Franchises shall be granted pursuant to the procedures
and subject to the restrictions set forth in this chapter. In consideration for City’s grant of a
franchise under this Chapter, City shall not operate a Vehicle Sharing Program in Meridian.
B. Franchise required. It shall be unlawful for any person to conduct a Vehicle Sharing
Program unless a valid City of Meridian Vehicle Sharing Program Operator Franchise has
been issued as herein provided and said franchise is in full force and effect. To be eligible for
a City of Meridian Vehicle Sharing Program Operator Franchise, the Operator shall initially
deploy no fewer than one hundred (100) shared vehicles, and no more than two hundred fifty
(250) shared vehicles.
C. Franchise fee. The terms, conditions, and privileges of such franchise shall include those
set forth in this chapter. The City Clerk shall be authorized to collect, at the time of franchise
issuance, a nonrefundable franchise fee in the amount of
$1.00 per
shared
vehicle
authorized
under the
Vehicle
Sharing
Program
Franchise,
per day of
the franchise
term.
or
$0.50 per shared
vehicle authorized
under the Vehicle
Sharing Program
Franchise, per day
of the franchise term
and $0.10 per ride
on any vehicle
authorized under the
Vehicle Sharing
Program Franchise.
or
$0.10 per ride
on any vehicle
authorized
under the
Vehicle Sharing
Program
Franchise.
or
$0.20 per ride on
any vehicle
authorized under the
Vehicle Sharing
Program Franchise.
Meridian City Council Meeting Agenda January 8, 2019 – Page 328 of 363
DRAFT VEHICLE SHARING PROGRAM ORDINANCE UPDATES 1-7-19
NOTE: This draft is prepared and provided for the sole purpose of gathering stakeholder input and should be
considered illustrative only. The language, form, and concepts represented herein are not and will not be
finalized unless and until the Meridian City Council considers the matter in a public meeting.
Page 3
Seventy-five percent (75%) of franchise fees remitted to the City pursuant to this provision
shall be invested in needed infrastructure to support Vehicle Sharing Program including, but
not limited to, signage, parking identification, pathway improvements, pathway maintenance,
and pathway repair; twenty-five percent (25%) shall be invested in costs that may be incurred
by the City in relation to Vehicle Sharing Programs.
D. Application for franchise. An application for a Vehicle Sharing Program Operator
Franchise shall be made to the City Clerk, and shall include a completed application form
provided by the City Clerk, which form shall include, but not be limited to:
1. Applicant’s name, telephone number, local address, and corporate addresses.
2. Agent upon whom service of process may be made in the State of Idaho.
3. A description of the Program, including which and how many shared vehicles are to be
offered for hire or use, maximum speeds of such shared vehicles, rider rules and
restrictions.
4. The plan and contact information for addressing public safety issues related to the
shared vehicles’ operation and/or parking.
5. Contact information for a person available to respond immediately to a threat to the
public health, safety, or welfare caused by a shared vehicle.
6. Application fee as set forth in City fee schedule.
7. Franchise fee as set forth in this section.
8. Date upon which shared vehicles will be offered under the Vehicle Sharing Program.
9. Proof of an insurance policy, issued by an insurance company franchised to do business
in Idaho. Such insurance shall name the City as additional insured, and shall provide that
the policy shall not terminate or be canceled prior to the expiration date without thirty
(30) days’ advance written notice to the City. Such insurance shall afford minimum
limits of five hundred thousand dollars ($500,000.00) per person bodily injury, five
hundred thousand dollars ($500,000.00) per occurrence bodily injury, and five hundred
thousand dollars ($500,000.00) per occurrence property damage.
10. Agreement to defend, indemnify, and hold harmless the City from and against any and
all claims, demands, suits, damages, actions, or causes of action, costs and expenses to
persons or property, whether public or private, brought against the City, that may arise
out of, or be occasioned by, the operation of a Vehicle Sharing Program within
Meridian, or any act, omission, or misconduct of the franchisee, or his employees,
agents, subcontractors, representatives. arising, arisen, or to arise out of the franchisee’s
operations, to the extent that such claims are not attributable to tortious conduct by the
City, its officials, its employees, or its agents.
Initial franchise applications may be submitted no earlier than 8:00 a.m. on January 10 or, if
January 10 falls on a non-business day, 8:00 a.m. on the next business day. Within twenty-
one (21) days of receipt of a complete application, the City Clerk or designee shall either
issue a City of Meridian Vehicle Sharing Program Operator Franchise to the applicant or
deny the application.
E. Issuance. Where duly issued by the City Clerk, the Vehicle Sharing Program Operator
Meridian City Council Meeting Agenda January 8, 2019 – Page 329 of 363
DRAFT VEHICLE SHARING PROGRAM ORDINANCE UPDATES 1-7-19
NOTE: This draft is prepared and provided for the sole purpose of gathering stakeholder input and should be
considered illustrative only. The language, form, and concepts represented herein are not and will not be
finalized unless and until the Meridian City Council considers the matter in a public meeting.
Page 4
Franchise shall include, on its face:
1. The name(s) of the franchisee;
2. Areas where parking of shared vehicles used under the Vehicle Sharing Program are
designated, restricted, or prohibited;
3. Number of shared vehicles Operator is authorized to deploy;
4. Any conditions of operation that are necessary to protect the public health, safety, and
welfare and mitigate effects of the Program on vehicular traffic, pedestrians, or property;
and
5. Franchise expiration date.
F. Denial. The City Clerk shall deny an application for a Vehicle Sharing Program Operator
Franchise where:
1. Investigation of such application or application materials reveals that provided
information is invalid, false, or incomplete;
2. The proposed Program is not being conducted or will not be conducted in accordance
with all applicable provisions of law, including, but not limited to, this chapter;
3. The applicant has been convicted of a violation of any provision of this section within the
one (1) year preceding the date of submission of the application;
4. The applicant has an outstanding balance due and owing to the City of Meridian;
5. The proposed Vehicle Sharing Program will initially deploy fewer than one hundred
(100) or more than two hundred and fifty (250) shared vehicles; or
6. Up to four (4) Vehicle Sharing Program Operators are already franchised in the City of
Meridian.
G. Term. Each Franchise shall expire at 5:00 p.m. on February 1 of each year or, if February 1
falls on a non-business day, 5:00 p.m. on the next business day, unless sooner revoked or
renewed.
H. Revocation. In addition to any and all other applicable civil or criminal penalties, the City
Clerk or designee may revoke a City of Meridian Vehicle Sharing Program Operator
Franchise where:
1. Any term or condition of the franchise is violated by the Operator or by any employee or
person operating or acting under such franchise.
2. In the course of conducting a Vehicle Sharing Program, the Operator or any employee or
person operating or acting under such franchise violates a provision of this Chapter or of
any other local, State, or Federal law.
3. It is found, after issuance of such franchise, that it was issued pursuant to falsified,
inaccurate, or incomplete information on the application therefor.
4. The operation of the Program and/or any component thereof varies materially from the
description submitted with the application.
The City Clerk shall notify the franchisee of such revocation in writing, and shall mail such
notice to the applicant at the mailing address set forth in the Vehicle Sharing Program
Meridian City Council Meeting Agenda January 8, 2019 – Page 330 of 363
DRAFT VEHICLE SHARING PROGRAM ORDINANCE UPDATES 1-7-19
NOTE: This draft is prepared and provided for the sole purpose of gathering stakeholder input and should be
considered illustrative only. The language, form, and concepts represented herein are not and will not be
finalized unless and until the Meridian City Council considers the matter in a public meeting.
Page 5
Operator Franchise application. Such revocation shall be effective immediately upon mailing
by the City Clerk.
I. Appeal. Appeal of the City Clerk’s denial or revocation of an application for a Vehicle
Sharing Program Operator Franchise, or denial of an application for an increase in the
maximum number of shared vehicles offered under the Vehicle Sharing Program, may be
made by the applicant within fourteen (14) days of such denial or revocation, except that
there shall be no right to appeal a denial on the grounds that the application is incomplete or
required application materials or fees were not submitted. Such appeal shall be made in
writing, shall state the reasons for such appeal, and shall be delivered to the City Clerk via
U.S. mail or in person. Upon receipt of such appeal, the City Clerk shall schedule a public
hearing on the appeal at a City Council meeting within thirty (30) days. The City Council’s
decision on such appeal shall be a final decision.
J. Renewal. Application for renewal of a Vehicle Sharing Program Operator Franchise may be
made to the City Clerk, in the same form and manner as an application for an initial
franchise. An application for renewal may be submitted no earlier than January 1.
K. Removal of shared vehicles. Upon denial or revocation of an application for a Vehicle
Sharing Program Operator Franchise, any and all shared vehicles offered for hire or use shall
be removed from the public right-of-way. No person or entity may offer a shared vehicle for
hire or use without a Vehicle Sharing Program Operator Franchise, and any shared vehicles
offered by an unfranchised Operator shall be immediately removed from the public right-of-
way.
L. Limitations. A franchise issued pursuant to this Chapter is only valid for program operation
within the public right-of-way within the City of Meridian. Operators and/or riders must
obtain permission to use or allow shared vehicles on property other than the public right-of-
way, including property owned by private parties, public entities, or by the City of Meridian
as to parks, pathways, or facilities owned by City. Private property owners and government
entities may restrict or prohibit the use of shared vehicles and/or the conduct of a Vehicle
Sharing Program on their property.
M. Increase in number of shared vehicles. On a quarterly basis, Operators may apply for a
20% increase in the maximum number of shared vehicles offered under the Vehicle Sharing
Program Franchise.
1. An application for an increase in the maximum number of shared vehicles offered under a
Vehicle Sharing Program Operator Franchise shall be made to the City Clerk, and shall
include a completed application form provided by the City Clerk, which form shall
include, but not be limited to:
a. Applicant’s name, telephone number, local address, and corporate addresses.
b. A description of which and how many additional shared vehicles are to be offered for
hire or use, maximum speeds of such shared vehicles, rider rules and restrictions.
Meridian City Council Meeting Agenda January 8, 2019 – Page 331 of 363
DRAFT VEHICLE SHARING PROGRAM ORDINANCE UPDATES 1-7-19
NOTE: This draft is prepared and provided for the sole purpose of gathering stakeholder input and should be
considered illustrative only. The language, form, and concepts represented herein are not and will not be
finalized unless and until the Meridian City Council considers the matter in a public meeting.
Page 6
c. The plan and contact information for addressing public safety issues related to the
additional shared vehicles’ operation and/or parking.
d. Application fee as set forth in City fee schedule.
e. Franchise fee as set forth in this section.
f. Data showing that all shared vehicles offered by Operator under its Vehicle Sharing
Program were used, on average, at least three times per day in the previous quarter.
2. Within fourteen (14) days of receipt of a complete application, the City Clerk or designee
shall either issue an amended City of Meridian Vehicle Sharing Program Operator
Franchise to the applicant or deny the application. The amended franchise shall expire
one (1) year after issuance of the original franchise, unless sooner revoked or
surrendered.
3. The City Clerk shall deny an application for an increase in the maximum number of
shared vehicles offered under a Vehicle Sharing Program Operator Franchise where:
a. The Operator has violated a term or condition of the franchise or this chapter, or
b. The operation of the Program and/or any component thereof has varied materially
from the description submitted with the application.
SECTION 3-6-3: VEHICLE SHARING PROGRAM OPERATOR REQUIREMENTS:
A. Quarterly data reports. To inform and support public safety and transportation planning
efforts, Vehicle Sharing Program Operators shall provide to the City, in the form and manner
requested by the Clerk’s Office, a quarterly report of anonymized trip records for each shared
vehicle deployed within Meridian, to include, but not be limited to, the following data: trip
start date, time, and location; duration; distance; and trip end date, time, and location.
B. Shared vehicle specifications. Operators shall ensure that each shared vehicle used under a
Vehicle Sharing Program is:
1. Labeled with current contact information for the franchisee and explains the method by
which customers can notify the local agent of the franchisee to report safety or maintenance
issues.
2. Able to stand upright when parked.
3. Capable of informing riders and Operators whether a rider has parked in a prohibited,
restricted, or designated parking area.
4. Capable of being remotely disabled.
5. Capable of being located and controlled remotely, by geofencing or other remote
technology.
6. In good repair so as not to interfere with or degrade public facilities, operations, systems,
or equipment or to present an imminent or foreseeable threat to the safety of riders or the
public.
C. Hours of operation. Shared vehicles used under a Vehicle Sharing Program shall be
disabled or removed between dusk (thirty (30) minutes after sunset) and dawn (thirty (30)
minutes before sunrise.
Meridian City Council Meeting Agenda January 8, 2019 – Page 332 of 363
DRAFT VEHICLE SHARING PROGRAM ORDINANCE UPDATES 1-7-19
NOTE: This draft is prepared and provided for the sole purpose of gathering stakeholder input and should be
considered illustrative only. The language, form, and concepts represented herein are not and will not be
finalized unless and until the Meridian City Council considers the matter in a public meeting.
Page 7
D. Beacons. Operator shall provide to City an electronic interface that allows City to view and
suggest locations of Beacons. Operator shall not install a Beacon without the permission of
the owner of the real and/or personal property on which the Beacon is installed.
E. Parking. All shared vehicles used under a Vehicle Sharing Program shall be deployed and
parked upright at a public bicycle rack or at a parking location identified by a Beacon. No
person shall park a shared vehicle used under a Vehicle Sharing Program:
1. In any vehicular travel lane or bike lane;
2. In a manner or location that reduces the width of the useable area of a public sidewalk or
pathway to less than five feet (5’).
3. On a block without sidewalks;
4. In a manner or location that impedes ADA accommodations, including, but not limited to,
curb ramps, railings, or signal buttons;
5. In a manner or location that impedes a fire hydrant or other public safety infrastructure;
6. In any on-street parking space, except where such space is a designated parking area;
7. On private property without permission of the owner of the property; or
8. On or in a driveway.
F. Timely response. Operator shall respond to requests to move, remove, or redistribute shared
vehicles; reports of incorrectly parked shared vehicles; or reports of unsafe/inoperable shared
vehicles by relocating, re-parking, or removing the shared vehicle(s) at issue within two (2)
hours of receiving notice. In the event a shared vehicle is not relocated, re-parked, or
removed within the timeframe specified herein, or if any shared vehicle is parked on
Franchised Premises for more than seventy-two (72) hours without moving, such shared
vehicle may be removed by City and taken to a City facility for storage at the expense of the
Operator. City may charge Operator $250 per shared vehicle removed and stored by City.
G. Shared vehicles in City parks. Use of shared vehicles in City parks shall be subject to the
following. Operator shall use verifiable technology to enforce these restrictions.
1. Riders shall not use a shared vehicle at in excess of 8 miles per hour.
2. Operator shall establish geofences to prohibit shared vehicle use in or on the following
areas:
a. Playgrounds in regional parks;
b. Special use parks;
c. Tennis courts; and
d. Storey Bark Park.
3. Operator shall require riders to park shared vehicles only in designated parking areas. In
City parks, the designated parking area for shared vehicles shall be next to bicycle racks.
H. Responsible for nuisance. The Operator shall be presumed to be responsible for any general
nuisance created by a shared vehicle where such shared vehicle is left on any portion of a
public sidewalk or roadway. The Operator bears the burden of rebutting this presumption.
Meridian City Council Meeting Agenda January 8, 2019 – Page 333 of 363
DRAFT VEHICLE SHARING PROGRAM ORDINANCE UPDATES 1-7-19
NOTE: This draft is prepared and provided for the sole purpose of gathering stakeholder input and should be
considered illustrative only. The language, form, and concepts represented herein are not and will not be
finalized unless and until the Meridian City Council considers the matter in a public meeting.
Page 8
I. Rider information. Vehicle Sharing Program Operators shall inform riders of all regulations
regarding the proper use and parking of shared vehicles, including the location of Beacons.
Operator shall provide a mechanism by which riders may provide feedback to Operator,
including feedback regarding the location of Beacons or damaged shared vehicles.
J. Public places. The management and scheduling of parks, pathways, streets, and sidewalks
shall at all times be within the sole purview of City and/or, where applicable, the Ada County
Highway District (“ACHD”) or Idaho Transportation Department (“ITD”). City shall have the
right to condition or the use of, and/or close all or any portion of its property, for any and all
purposes and under any and all conditions. At all times, Operator shall be on an equal footing
with the general public regarding its use of Franchised Premises. Operator shall exercise any
right granted by its franchise only in accordance with the terms of this Chapter; with any and
all applicable laws; and with City, ACHD, and ITD policies.
SECTION 3-6-4: PENALTY:
Any person committing an act prohibited by this chapter, or failing to comply with a requirement
of this chapter, shall be deemed to have committed an infraction punishable by a penalty of one
hundred dollars ($100.00). In addition to such penalty, any person violating, allowing, or causing
a violation of any provision of this chapter shall be subject to any and all other applicable
administrative, criminal, and/or civil penalties. Each day upon which a violation of this chapter
occurs and/or continues may be deemed a separate and distinct violation.
SECTION 3-6-5: ENFORCEMENT:
Peace officers, code enforcement officers, and/or community service officers shall be
empowered to enforce the provisions of this section. Such officers may investigate any use or
activity which he or she reasonably believes violates the provisions of this section. If an officer
reasonably believes that a provision of this section has been violated, the officer may issue a
citation to the person responsible for the violation or to the Vehicle Sharing Program Operator.
Such citation shall be served in accordance with the provisions of the Idaho Infraction Rules,
which are incorporated herein by this reference.
Meridian City Council Meeting Agenda January 8, 2019 – Page 334 of 363
DRAFT VEHICLE SHARING PROGRAM ORDINANCE UPDATES 1-7-19
NOTE: This draft is prepared and provided for the sole purpose of gathering stakeholder input and should be
considered illustrative only. The language, form, and concepts represented herein are not and will not be
finalized unless and until the Meridian City Council considers the matter in a public meeting.
Page 9
TITLE 4
PUBLIC HEALTH AND SAFETY
CHAPTER 2
NUISANCES
SECTION 4-2-2: RESPONSIBLE PARTY:
A. Where a nuisance exists upon property that is vacant, abandoned, and/or uninhabited, the
owner of record, as reflected on the most recent assessment roll, shall be presumed to be
responsible for creating, causing, committing, maintaining, and/or allowing such nuisance. Such
owner of record shall be subject to any and all penalties imposed as set forth herein, and shall be
responsible for payment of any and all costs incurred in abating the nuisance. The owner of
record shall bear the burden of rebutting this presumption.
B. Where a general nuisance is created by personal property on any portion of a public sidewalk,
the owner of the personal property, if such owner can be identified, shall be presumed to be
responsible for creating, causing, committing, maintaining, and/or allowing such nuisance.
TITLE 7
MOTOR VEHICLES AND TRAFFIC
CHAPTER 1
TRAFFIC CODE, RULES AND REGULATIONS
7-1-9: ELECTRIC POWER-ASSISTED BICYCLES AND SCOOTERS:
Riders of e-bikes or e-scooters, as such terms are defined in Title 3, Chapter 6, Meridian City Code,
shall comply in all respects with the following provisions.
1. Rider s shall yield to pedestrians.
2. Rider s shall ride in bike lane s when available. If no bike lane is available:
a. On streets which have a speed limit of 25 miles per hour or less, rider s shall ride on the
street.
b. On streets which have a speed limit of greater than 25 miles per hour or more, rider s may
ride on the adjacent sidewalk.
c. On streets which have a speed limit of greater than 45 miles per hour or more, riders shall
ride only on the adjacent sidewalk, and shall not ride on the street.
3. Riders riding on a sidewalk must maintain a distance of two feet (2’) from all pedestrians .
4. Riders may not carry any passengers on an e-bike or e-scooter.
5. In City parks, riders shall not ride e-bikes or e-scooters at a speed exceeding eight (8) miles
per hour.
Meridian City Council Meeting Agenda January 8, 2019 – Page 335 of 363
DRAFT VEHICLE SHARING PROGRAM ORDINANCE UPDATES 1-7-19
NOTE: This draft is prepared and provided for the sole purpose of gathering stakeholder input and should be
considered illustrative only. The language, form, and concepts represented herein are not and will not be
finalized unless and until the Meridian City Council considers the matter in a public meeting.
Page 10
TITLE 7
MOTOR VEHICLES AND TRAFFIC
CHAPTER 2
PARKING REGUATIONS
7-2-2: PROHIBITED PARKING:
Except when necessary to avoid conflict with other traffic, or in compliance with law or the
directions of a police officer or official traffic control device, no person shall:
* * *
F. Park, deploy, or leave unattended an e-bike or e-scooter, as such terms are defined in Title 3,
Chapter 6, Meridian City Code:
1. In any vehicular travel lane or bike lane;
2. In a manner or location that reduces the width of the useable area of a public sidewalk or
pathway to less than five feet (5’);
3. On a block without sidewalks;
4. In a manner or location that impedes ADA accommodations, including, but not limited to,
curb ramps, railings, or signal buttons;
5. In a manner or location that impedes a fire hydrant or other public safety infrastructure;
6. In any on-street parking space, except where such space is a designated parking area;
7. On private property without a written agreement with the owner of the property; or
8. On or in a driveway.
Meridian City Council Meeting Agenda January 8, 2019 – Page 336 of 363
City Council Workshop Meeting Agenda
January 8, 2019
Agenda Item Number: 8 C
Project File Number:
Item Title: Mayor's Office: Post Office Update
Meeting Notes:
I TEM SHEET
C ouncil Agenda I tem - 8.C.
Presenter:
Estimated Time f or P resentation:
Title of I tem - M ayor's Office: P ost O ffice Update
AT TAC HM E NT S:
Description Type Upload D ate
P ost Office Memo Cover Memo 1/2/2019
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City Council Workshop Meeting Agenda
January 8, 2019
Agenda Item Number: 8 D
Project File Number:
Item Title: Legal: Conflict of Interest Ordinance Discussion
Meeting Notes:
I TEM SHEET
C ouncil Agenda I tem - 8.D.
Presenter:
Estimated Time f or P resentation:
Title of I tem - L egal: C onflict of Interest Ordinance D iscussion
AT TAC HM E NT S:
Description Type Upload D ate
Memo Cover Memo 1/4/2019
Meridian City Council Meeting Agenda January 8, 2019 – Page 350 of 363
MEMO – CONFLICT OF INTEREST PROVISIONS PAGE 1 OF 2
MEMORANDUM
January 4, 2019
TO: Meridian City Council
Mayor Tammy de Weerd
FROM: Bill Nary, City Attorney
Meridian City Attorney’s Office
RE: Meridian City Code section 1-14-5(B)
This office recommends that City Council repeal Meridian City Code section 1-14-5(B),
which creates an inconsistency between provisions regarding conflicts of interest as respectively
set forth in this section and in Idaho Code § 74-403(4) and Meridian City Code.
Meridian City Code section 1-14-5(B) reads:
Disclosure And Disqualification: Whenever the performance of official duties
shall require any official or employee to deliberate and/or vote on any matter
involving financial or personal interest, the official or employee shall publicly
disclose the nature and extent of such interest and be disqualified from
participating in the deliberation as well as in the voting.
This provision not only requires a council member with a potential conflict of interest to disclose
the conflict; it also automatically disqualifies the council member. City Council has no
discretion to allow the disclosing member to deliberate and vote notwithstanding the disclosure,
even where the disclosing member’s financial or personal interest may be remote, de minimus, or
irrelevant to the matter before the Council.
By contrast, Idaho Code section 74-404 reads, in relevant part:
A public official shall not take any official action or make a formal decision
or formal recommendation concerning any matter where he has a conflict of
interest and has failed to disclose such conflict as provided in this section.
Disclosure of a conflict does not affect an elected public official’s authority
to be counted for purposes of determining a quorum and to debate and to
vote on the matter, unless the public official requests to be excused from
debate and voting at his or her discretion.
* * *
Meridian City Council Meeting Agenda January 8, 2019 – Page 351 of 363
MEMO – CONFLICT OF INTEREST PROVISIONS PAGE 2 OF 2
(4) If he is an elected public official of a county or municipality, he shall
disclose the nature of a potential conflict of interest prior to acting on a matte r
and shall be subject to the rules of the body of which he/she is a member and
take all action required by the rules prior to acting on the matter. If a member
requests to be excused from voting on an issue which involves a conflict or a
potential conflic t, and the body of which he is a member does not excuse him,
such failure to excuse shall exempt that member from any civil or criminal
liability related to that particular issue. The public official may obtain an
advisory opinion from the attorney general or the attorney for the county or
municipality or from independent counsel. The public official may then act on
the advice of the attorney general or attorney for the county or municipality or
his independent counsel.
(Emphasis added.)
This provision requires a council member with a conflict of interest to disclose the
conflict, but does not automatically disqualify the council member. The other members of City
Council are vested with discretion to allow the disclosing member to deliberate and vote
notwithstanding the disclosure. This provision also allows council members to seek legal advice
prior to the disclosure to determine whether the disclosure is necessary at all.
Meridian City Code section 1-14-5(B)’s divergence from the process and requirements
established by Idaho Code creates a prospective problem where a council member may comply
with his or her requirements under state code, and then inadvertently violate the unnecessarily
restrictive requirements of our own city code. The more nuanced process set forth in Idaho Code
section 74-404 allows for a common-sense review of the potential conflict of interest, encourages
participation by our elected officials who are involved in various aspects of our community, and
incentivizes, rather than penalizes, disclosure of potential conflicts of interest.
For these reasons, I recommend that Meridian City Code section 1-14-5(B) be repealed.
Meridian City Council Meeting Agenda January 8, 2019 – Page 352 of 363
City Council Workshop Meeting Agenda
January 8, 2019
Agenda Item Number: 8 E
Project File Number:
Item Title: Continued from January 2, 2019 — Police: Idaho
Humane Society Animal Control Contract Budget
Meeting Notes:
Amendment Not -to -Exceed $9,528
�6
I TEM SHEET
C ouncil Agenda I tem - 8.E .
Presenter: Chief Lavey
Estimated Time f or P resentation: 5 Minutes
Title of I tem - Police: Idaho Humane S ociety Animal C ontrol Contract B udget Amendment
Not to Exceed $9,528 [Action Item]
Police Department: I HS Animal C ontrol Contract A mendment
AT TAC HM E NT S:
Description Type Upload D ate
I HS Contract A mendment A greements / C ontracts 1/4/2019
Meridian City Council Meeting Agenda January 8, 2019 – Page 353 of 363
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City Council Workshop Meeting Agenda
January 8, 2019
Agenda Item Number: 8 F
Project File Number:
Item Title: Council: ICRMP Training
Meeting Notes:
I TEM SHEET
C ouncil Agenda I tem - 8.F.
Presenter: J oe Borton, Council P resident
Estimated Time f or P resentation:
Title of I tem - C ouncil: IC RM P T raining
Meridian City Council Meeting Agenda January 8, 2019 – Page 356 of 363
1C- RMP- Distracted Driving (Not Paying Attention)
Since the inception of ICRMP in 1985, our most frequent cause of Property/Casualty claims has
been auto claims. No other claim category comes close. The bad news: auto crashes are
frequent and severe for Idaho local government agencies. The good news is that auto crashes
can be reduced by focusing on safe drivingl
Distracted Driving (Not Paying Attention)
Distractions are anything that takes your attention away from the task at hand. In this case, the task is
driving. If you allow distractions to take your attention away from driving, you are not driving. If you do
not give your full attention to driving a vehicle, bad things can happen very quickly. Seeing and reacting
safely to sudden changes can keep you from having an accident. To drive safely, you must pay full
attention at all times. That will give you enough time to react. People's lives are in your hands, including
your own life.
Things that can distract your Attention
Anything that draws your attention away from the road can distract you. Distractions like the ones below
can cause crashes:
• Text Messaging • Reading
• Dialing or talking on phone • Writing
• Eating • Changing music on CD or radio station
• Drinking • Looking for things inside your vehicle
If something distracts you, even for a few seconds, you may not see a hazard ahead that can cause an
accident.
Source: From Idaho Drivers Manual (2014)
We are so busy. We live in a fast -paced society. Distractions change our focus - distractions take our
focus away from driving. Think about your distractions, then multiply that by the number of vehicles
around you. Scary.
When you are behind the wheel of a vehicle, driving is your top priority. Keep distractions out of your
vehicle. The driver's job is to drive!
Discuss:
1. What distractions do you allow in your vehicle?
2. How many things do you think about while driving?
3. Have you or someone you know had a "close call" regarding distracted driving?
4. Create a list of distractions and discuss how they can be eliminated.
ICRMP Cell Phones and Driving
Since the inception of ICRMP in 1985, our most frequent cause of Property/Casualty claims has
been auto claims. No other claim category comes close. The bad news: auto crashes are
frequent and severe for Idaho local government agencies. The good news is that auto crashes
can be reduced by focusing on safe drivingl
Cognitive Impairment— It's all in your head
According to the National Safety Council, nearly 1 out of every 5 motor vehicle crashes involves cell
phone use at the time of the crash. Cell phone use while driving isn't just a visual and manual
distraction, but a cognitive distraction. In addition to taking their eyes and hands off the wheel, distracted
drivers take their mind off the primary task of driving. Drivers talking on cell phones miss half of the
information in their driving environment. Many drivers mistakenly believe hands-free cell phones are
safer than handheld. However, hands-free cell phones do not eliminate cognitive distraction. It's the
conversation not the device that creates the danger.
Understanding the Distracted Brain
Human brains are unable to effectively perform two cognitively complex tasks at the same time, such as
driving and talking on a cell phone. A Carnegie Mellon University study produced functional magnetic
resonance imaging (fMRI) pictures of the brain while study participants drove using a simulator and
listened to spoken sentences they were asked to judge as true or false. The listening to sentences on
cell phones decreased activity in the brain's parietal lobe by 37%. Drivers use this area of the brain for
navigation and visual tracking of movement.
Multitasking Impairs Performance
Drivers distracted by cell phone conversations not only display slower reaction times and have difficulty
staying in their lane, but also are less likely to see: high and low relevant objects, visual cues, exits, red
lights and stop signs, navigational signage. Drivers talking on cell phones are more likely to make driving
errors than drivers talking with passengers. Why? Adult passengers often actively help drivers by
monitoring and discussing traffic. Whereas a person on the phone cannot seethe roadway and adjust
the conversation as needed.
Employer Costs
In recent years, numerous plaintiffs have filed and won multi-million dollar actions against employers for
injuries arising from negligent driving of an employee who was distracted by the use of a cell phone.
Multitasking while driving may seem like a time -saving solution, but it isn't worth the risk.
Source: National Safety Council. Permission to reprint granted by the National Safety Council,
a membership organization dedicated to protecting life and promoting health.
Cell Phones
In Idaho, reading, writing, sending, or receiving of written communication (text messaging) while driving
is illegal and considered an infraction. Many crashes are caused by people who try to text or dial cell
phones while driving. If you must use a cell phone, park in a safe place before making the call or
engaging in text messaging. Source: From Idaho Driver's Manual (2014)
Discuss:
1. What % of the time do you talk on your cell phone while driving?
2. Have you or someone you know had a "close call" with cell phones & driving?
3. Review your agency's vehicle use policy.
City Council Workshop Meeting Agenda
January 8, 2019
Agenda Item Number: 8 G
Project File Number:
Item Title: Election of City Council Officers
Meeting Notes:
--De bio rte✓ -
I TEM SHEET
C ouncil Agenda I tem - 8.G.
Presenter:
Estimated Time f or P resentation:
Title of I tem - Election of City Council Officers [Action Item]
C ouncil will elect their president and vice president for the coming year.
Meridian City Council Meeting Agenda January 8, 2019 – Page 357 of 363
City Council Workshop Meeting Agenda
January 8, 2019
Agenda Item Number: 9 A
Project File Number: H-2018-0105
Item Title: Ordinance No. 19-1802: An Ordinance (H-2018-0105 —
Alturas 1550 Tech Lane) For The Re -Zone Of A Parcel
Of Land Situated In The Southeast % Of The Southwest
Meeting Notes:
Of Section 4, Township 3 North, Range 1 West, Boise
Meridian, City Of Meridian, Ada County Idaho;
Establishing And Determining The Land Use Zoning
Classification Of 7.24 Acres From I -L (Light Industrial)
Zoning District To C -G (General Retail And Service
Commercial) Zoning District In The Meridian City Code;
Providing That Copies Of This Ordinance Shall Be Filed
With The Ada County Assessor, The Ada County
Recorder, And The Idaho State Tax Commission, As
Required By Law; And Providing For A Summary Of The
Ordinance; And Providing For A Waiver Of The Reading
Rules; And Providing An Effective Date.
r�i
I TEM SHEET
C ouncil Agenda I tem - 9.A .
Presenter: C.J ay C oles
Estimated Time f or P resentation: 2 minutes
Title of I tem - Ordinance No. 19-1802: An Ordinance (H-2018-0105 – Alturas 1550 Tech L ane)
F or T he Re-Zone Of A P arcel O f L and S ituated In T he Southeast ¼ Of T he S outhwest ¼ Of
Section 4, Township 3 North, Range 1 West, B oise M eridian, City Of M eridian, Ada C ounty
Idaho; E stablishing And Determining T he L and Use Zoning Classification Of 7.24 Acres
F rom I-L (L ight Industrial) Zoning District To C -G (General Retail And S ervice Commercial)
Zoning D istrict In T he M eridian City Code; P roviding T hat Copies O f T his O rdinance Shall
B e F iled With T he Ada County Assessor, T he Ada County Recorder, And T he Idaho S tate
Tax Commission, As Required B y L aw; And Providing F or A S ummary O f T he Ordinance;
And P roviding For A Waiver O f T he Reading Rules; And P roviding An E ffective D ate.
AT TAC HM E NT S:
Description Type Upload D ate
A lturas Ordinance Ordinance 1/3/2019
A lturas E xhibit A E xhibit 1/3/2019
A lturas E xhibit B E xhibit 1/3/2019
A lturas S ummary Ordinance 1/3/2019
Meridian City Council Meeting Agenda January 8, 2019 – Page 358 of 363
ADA COUNTY RECORDER Christopher D. Rich 2019-001826
BOISE IDAHO Pgs=4 LISA BATT 01/09/2019 08:36 AM
CITY OF MERIDIAN, IDAHO NO FEE
Cil 111iZ17 guy 1 x1.7111 K-1003 9 31►/_I►EN 12►`E17iL'aFYI7►,
BY THE CITY COUNCIL: BERNT, :O.
PALMER,•
AN ORDINANCE (H-2018-0105 — ALTURAS 1550 TECH LANE) FOR THE RE -,ZONE OF
A PARCEL OF LAND SITUATED IN THE SOUTHEAST 1/4 OF THE SOUTHWEST/40F
SECTION 4, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, CITY OF
MERIDIAN, ADA COUNTY IDAHO; ESTABLISHING AND DETERMINING THE LAND
USE ZONING CLASSIFICATION OF 7.24 ACRES FROM I -L (LIGHT INDUSTRIAL)
ZONING DISTRICT TO C -G (GENERAL RETAIL AND SERVICE COMMERCIAL)
ZONING DISTRICT IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF
THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE
ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS
REQUIRED BY LAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE;
AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN
EFFECTIVE DATE.
MERIDIAN, COUNTY OF ADA, STATE OF IDAHO:
SECTION 1. That the following described land as evidenced by attached Legal Description
herein incorporated by reference as Exhibit "A" is within the corporate limits of the City of Meridian,
Idaho, and that the City of Meridian has received a written request for re -zoning by the owner of said
property, to -wit: Alturas 1550 Tech Lane, LLC.
SECTION 2. That the above-described real property is hereby re -zoned I -L (Light Industrial)
Zoning District to C -G (General Retail and Service Commercial) Zoning District in the Meridian City
Code.
SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the
Ordinances of the City of Meridian zone said property.
SECTION 4. That the City has complied with all the noticing requirements pursuant to the
laws of the State of Idaho, and the Ordinances of the City of Meridian to re -zone said property.
SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well as
the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the
City of Meridian in accordance with this ordinance.
SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are
hereby repealed, rescinded and annulled.
RE ZONE ORDINANCE — ALTURAS 1550 TECH LANE - H-2018-01.05 PAGE 1 OF 2
Meridian City Council Meeting Agenda January 8, 2019 — Page 359 of 363
SECTION 7. This ordinance shall be in full force and effect from and after its passage,
approval and publication, according to law.
SECTION 8. The Clerk of the City of Meridian shall, within ten (10) days following the
effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a
draftsman manner, including the lands herein rezoned, with the following officials of the County of
Ada, State of Idaho, to -wit: the Recorder, Auditor, Treasurer and Assessor and shall also file
simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State
of Idaho.
SECTION 9. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the
Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in
full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force
and effect upon its passage, approval and publication.
PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this n'
day of 11 , 2019.
APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this S day of
nunru 2019.
MAYOR T Y de WEERD
ATTEST' ���p AUGUSr
C.JA OLES ITY Ct<RK z �O� 1�1A
(_
STATE OF IDAHO, ) A SL Jen'
) ss: of the 1R�Py
County of Ada )
On this $day of -Sanuc , 2019, before me, the undersigned, a Notary Public in and for said State,
personally appeared TAMMY de WEERIO and C.JAY COLES, 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
CHARLENE WAY Cha)lum ,
(SEA COMMISSION #67390 Notary Public for Idaho,
NOTARY PUBLIC Residing At: `) QAu. 1 ,,� ,, � , ND
STATE OF IDAHO My Commission Expires:
1MY COMMISSION EXPIRES 3/28/22
RE ZONE ORDINANCE — ALTURAS 1550 TECH LANE - H-2018-0105 PAGE 2 OF 2
EXHIBIT A
Page 1
Legal Description
Meridian City Council Meeting Agenda January 8, 2019 – Page 361 of 363
EXHIBIT B
Page 1
Exhibit Map
Meridian City Council Meeting Agenda January 8, 2019 – Page 362 of 363
NOTICE AND PUBLISHED SUMMARY
OF ORDINANCE PURSUANT TO I.C. § 50-901(A)
CITY OF MERIDIAN ORDINANCE NO. 19-1802
PROVIDING FOR RE ZONING ORDINANCE
An Ordinance of the City of Meridian granting re -zoning of a parcel of land situated in the
Southeast '/a of the Southwest '/a of Section 13, Township 3 North, Range 1 West, Boise Meridian,
City of Meridian, Ada County. This parcel contains 7.24 acres more or less. Also, this parcel is
SUBJECT TO all easements and rights-of-way of record or implied. As in attached exhibit `B" and
is not based on an actual field survey. A full text of this ordinance is available for inspection at City
Hall, City of Meridial�, 33 East Broadway Avenue, Meridian, Idaho. This ordinance shall become
effective on the �— day of , G L1&i- ,20I9.
O �
ty of MetWian L/
P�ffyor and City Council
By: C.Jay Coles, City Clerk
S�P3-
First Reading: Z k'-)aj °FtirERor"je�a�P�
Adopted a ter first reading by suspension of the Rule as allowed pursuant to Idaho Code 50-902:
YES ---NO
Second Reading:
Third Reading: /
STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF
ORDINANCE NO. 19 -1802
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. 19-1802 of the City of Meridian, Idaho, and has found the same to be true and complete and
provides adequate notice to the public pursuant to Idaho Code § 50-901A (3).
DATED this day of , 2019.
William. L.M. Nary
City Attorney
RE ZONE ORDINANCE SUMMARY- ALTURAS 1550 S. TECH LANE - H-2018-0105 PAGE 1
City Council Workshop Meeting Agenda
January 8, 2019
Agenda Item Number: 10
Project File Number:
Item Title: Future Meeting Topics
Meeting Notes:
City Council Workshop Meeting Agenda
January 8, 2019
Agenda Item Number: 11
Project File Number:
Item Title: Executive Session
Executive Session per Idaho State Code 74-206(1)(a): To Consider hiring a
public officer, employee, staff member or individual agent, Where in the
respective qualities of individuals are to be evaluated in order to fill a
particular vacancy or need; 74-206(1)(d): To consider records that are
exempt from disclosure as provided in chapter 1, title 74, Idaho Code and
74-206(1)(f): To communicate with legal counsel for the public agency to
discuss the legal ramifications of and legal options for pending litigation, or
controversies not yet being litigated but imminently likely to be litigated.
Meeting Notes:
7z,