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2020-11-24 Work Session WE IDIAN CITY COUNCIL WORK SESSION City Council Chambers, 33 East Broadway Avenue Meridian, Idaho Tuesday, November 24, 2020 at 4:30 PM Minutes VIRTUAL MEETING INSTRUCTIONS Limited seating is available at City Hall. Consider joining the meeting virtually: https://us02web.zoom.us/j/87251778827 Or join by phone: 1-669-900-6833 Webinar ID: 872 5177 8827 ROLL CALL ATTENDANCE PRESENT Councilwoman Jessica Perreault Councilman Brad Hoaglun Councilwoman Liz Strader Councilman Luke Cavener Mayor Robert E. Simison ABSENT Councilman Joe Borton Councilman Treg Bernt ADOPTION OF AGENDA Adopted Motion to adopt the agenda made by Councilman Hoaglun, Seconded by Councilman Cavener. Voting Yea: Councilwoman Perreault, Councilman Hoaglun, Councilwoman Strader, Councilman Cavener CONSENT AGENDA [Action Item] Approved Motion to approve made by Councilman Hoaglun, Seconded by Councilman Cavener. Voting Yea: Councilwoman Perreault, Councilman Hoaglun, Councilwoman Strader 1. Ameriben Phase II Water Main Easement 2. Victory Commons Lot 2 Water Main Easement No. 2 3. Victory Commons Lot 3 Water Main Easement No. 1 4. Victory Commons Lot 4 Water Main Easement No. 3 5. Final Plat for Sky Mesa Highlands No. 1 (FP-2020-0007) by J-U-B Engineers, Inc., Located at the Northwest Corner of S. Eagle Rd. and E. Lake Hazel Rd. 6. Partnership Agreement Between Meridian Police Department and Washington State University 7. Resolution No. 20-2244: Authorizing the Mayor to Sign Agreements Between the City of Meridian and Enumerated Recipients of Idaho Rebounds - Municipal Small Business Grant Funds ITEMS MOVED FROM THE CONSENT AGENDA [Action Item] DEPARTMENT / COMMISSION REPORTS [Action Item] 8. Finance Department: Quarterly Financial Update - November 2020 EXECUTIVE SESSION 9. Per Idaho Code 74-206A(1)(a) To deliberate on a labor contract offer or to formulate a counteroffer. Motion made by Councilman Hoaglun, Seconded by Councilman Cavener. Voting Yea: Councilwoman Perreault, Councilman Hoaglun, Councilwoman Strader, Councilman Cavener In to Executive Session:5:18 pm Out of Executive Session: 6:06 pm ADJOURNMENT 6:06 pm Item#1. Meridian City Council Work Session November 24, 2020. A Meeting of the Meridian City Council was called to order at 4:31 p.m., Tuesday, November 24, 2020, by Mayor Robert Simison. Members Present: Robert Simison, Luke Cavener, Jessica Perreault, Brad Hoaglun and Liz Strader. Members Absent: Joe Borton and Treg Bernt. Also present: Chris Johnson, Bill Nary, Todd Lavoie, Shawn Harper and Joe Bongiorno. ROLL-CALL ATTENDANCE Liz Strader Joe Borton _X_ Brad Hoaglun Treg Bernt X Jessica Perreault _X Luke Cavener _X_ Mayor Robert E. Simison Simison: Council, I will call this meeting to order. For the record it is November 24th, 4:31 p.m. and we will begin this afternoon's work session with roll call attendance. ADOPTION OF AGENDA Simison: Our next item is adoption of the agenda. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I move adoption of the agenda as presented. Cavener: Mr. Mayor, I will second the motion. Simison: I have a motion and a second to approve the agenda as -- adopt the agenda as published. Is there any discussion? If not, all in favor signify by saying aye. Opposed nay. The ayes have it and the agenda is agreed to. MOTION CARRIED: FOUR AYES. TWO ABSENT. CONSENT AGENDA [Action Item] 1. Ameriben Phase II Water Main Easement 2. Victory Commons Lot 2 Water Main Easement No. 2 Page 4 Meridian City Council Work Session Item#1. November 24,2020 Page 2 of 16 3. Victory Commons Lot 3 Water Main Easement No. 1 4. Victory Commons Lot 4 Water Main Easement No. 3 5. Final Plat for Sky Mesa Highlands No. 1 (FP-2020-0007) by J-U-B Engineers, Inc., Located at the Northwest Corner of S. Eagle Rd. and E. Lake Hazel Rd. 6. Partnership Agreement Between Meridian Police Department and Washington State University 7. Resolution No. 20-2244: Authorizing the Mayor to Sign Agreements Between the City of Meridian and Enumerated Recipients of Idaho Rebounds — Municipal Small Business Grant Funds Hoaglun: Mr. Mayor? Simison: Next item is our Consent Agenda. Councilman Hoaglun. Hoaglun: Yes. I don't think I have heard of any concerns with any of the issues on the Consent Agenda, so I move that we approve the Consent Agenda and the Mayor to sign and Clerk to attest. Cavener: Mr. Mayor, I will second the motion. Simison: I have a motion and a second to approve the Consent Agenda. Is there any discussion? If not, all those in favor signify by saying aye. Opposed nay. The ayes have it and the Consent Agenda is agreed to. MOTION CARRIED: FOUR AYES. TWO ABSENT. ITEMS MOVED FROM THE CONSENT AGENDA [Action Item] Simison: There were no items moved off the Consent Agenda. DEPARTMENT / COMMISSION REPORTS [Action Item] 8. Finance Department: Quarterly Financial Update - November 2020 Simison: So, we move on to Item No. 8, Department Reports, and I will turn this over to Mr. Lavoie to give us the Finance Department quarterly financial update. Lavoie: Good afternoon. Thank you, Mayor. Good to see all the Council Members. It's been a while, so, hopefully, everyone is doing well. Again, appreciate the opportunity to present to you the quarterly updates for November 2020 regarding really property taxes. I presented this -- or I provided this presentation to you a couple of weeks ago. It's 31 Page 5 Meridian City Council Work Session Item#1. November 24,2020 Page 3 of 16 pages of presentation with information that we plan on going over tonight and I know wanted to really really work with you guys today and allow you guys to ask questions about property taxes. This is an opportunity to kind of do a one on one on how property taxes work. I want you guys to be able to dialogue with each other, ask questions anytime. Please do not hesitate to interrupt me. There will be a few slides that I go through pretty quick, because it's more informational purposes and I have provided that information to you. But, again, at any moment in time, please, do not hesitate to interrupt me on a slide, interrupt each other. Let's have dialogue. I want you guys to feel comfortable with how property taxes are managed here at the City of Meridian. So, with that our agenda today is going to cover again property tax 101 , a little bit of information on levy rate history. Going to talk to you about a concept called property tax burden. We will show you some information about some comparisons of property taxes amongst homes and, then, among cities as well and, then, I will give you an update on what we will provide in our next quarterly update and, then, save last for questions, but, please, this is an interactive presentation, questions throughout the whole thing would be awesome. I want you guys to really ask questions amongst each other, amongst me. If I can answer them I will do my best. If I can't I will get back to you in a timely matter. But, please, do not hesitate to interrupt and be interactive on this presentation. So, with that property tax 101 . Again, this is the same presentation I gave you guys in a PDF form. So, there is nothing new that I will be presenting to you, but we will go over and touch bases on some of these. This slide here is an informational purposes slide. The most important thing here is that the state kind of governs what we do and Ada county kind of governs what we do. The state allows us to have the opportunity to increase our property taxes by three percent for the title and, then, Ada county informs us what our assessed value is and Ada county informs us what our new construction value is. So, again, the top line is our lever. The city has one lever to pull and that's the three percent arm. The second item on the screen that is all controlled and managed by Ada county, we have zero input or decision authority on that second box. So, again, just wanted to let you know that we do follow the state code and the state code is dictating how things are managed here at the City of Meridian. Property tax 101 . The calculation. So, how do we determine our levy rate and property taxes? We look at property taxes here at the city combining four components. The first component is what we call our base property taxes. This is following state code. This is determined by looking at our past three fiscal years and being able to capture the highest value of property taxes collected over those past three years and we can consider that our base tax for the upcoming year. So, for fiscal '21 1 looked at fiscal '20, fiscal '19 and fiscal '18 and said which of the three years had the highest property tax collections. I captured that value and I made that your base entry for fiscal '21. So, that's how we start there. As a reminder at the City of Meridian we manage the properties -- property taxes to align with what we call our current level of service. So, we -- previously in the fiscal year determined what we wanted to provide our citizens through the budget process and we approved that to the citizens. That became our base budgets for -- for providing services for our customers and our citizens. If all the data is static and we lived in a perfect world where we had no more growth, no more inflation, no more change, those taxes would be able to satisfy all of our services from here to eternity, because we would not need to increase anything or decrease anything per se and we would have Page 6 Meridian City Council Work Session Item#1. November 24,2020 Page 4 of 16 the revenue stream to maintain that level of service. Unfortunately, we all know that we don't live in that static world, we are constantly growing, we are the fastest growing city in the nation, we have inflation, so how do we pay for inflation if this is our base revenue for our base levels of service, how do we pay for the increased fuels, how do we pay for increased healthcare, how do we pay for replacing the baseball field at, you know, Storey Park, how do we pay for those things and, luckily, the state has allowed us to tap into what we call the three percent allowable. This is the one lever that we get to pull to determine whether or not we need additional revenues to help pay for additional things and what I have always promoted here is this is our cost of doing business. We utilize this money to cover our cost of doing business, which includes rise in fuel costs, rise in healthcare, rising rise in wages. I mean we just talked about some of the depreciation or replacement items. We use this cost of doing business, three percent allowable, to help cover those costs, because the base property taxes is what we use to keep the -- keep the level of service going. The three percent allowable is what we use to help cover the cost of doing business for those levels of service. So, that is a practice that we use here at the City of Meridian. That's not a practice that is a -- you know, I can't say that's what all other agencies do, but that's what we do here. We want to make sure we live within our means and that's how we manage the three percent allowable. The third part of the property tax calculation is what's called new construction. Ada county informs us what has been added to our tax rolls since last year and, then, they said, hey, this is now an increase to your city. You have this new customer base or community base that you need the service. So, we get the revenues from this function and we present this to you as Council in the form of usually budget requests. So, this would be the new fire officers, the new police officers, the new community development officers, the new whatnot, because the additional impact to the city by growth has to be serviced in some form or fashion. We use this revenue to get those services to those new construction, those new customers that we have in our city. So, that is how we manage those dollars. Those dollars tonight go to pay for any cost of doing business. Those dollars do not go back to our base to provide the current level of service. We as a city never want to become reliant on growth to pay for our current level of service. We want to live within our means. If we cannot provide the level of service within our base at our three percent, we should not be providing it from a revenue management standpoint. We use new money to pay for new growth directly related and when we -- when we present the budget to you we present it that way as well. You can only use new construction for those new requests. And, then, the fourth piece is annexation, which is a very small piece of our revenues pie. I will show you what those are -- getting there in these slides with you, but we get to obtain some revenue for new annexations -- again, another impact to the city by growing, we allow the city to use those dollars to fund those new resources necessary to meet the demand on the city based on those new additional growth -- growth areas of the city. You put all four of those components together and that is what we get as property taxes, base is for the current level of service, three percent is for cost of doing business, new construction and annexation is for new growth for the City of Meridian. That is how we manage our revenue sources within the property tax calculation. So, how does the county calculate our annual levy rate. Again, it's total property taxes that we just talked about, divided by the total levy -- or total property value that Ada county tells us and that gets us to a Page 7 Meridian City Council Work Session Item#1. November 24,2020 Page 5 of 16 certified annual levy rate. If you did that for fiscal '21 this is what the numbers would look like. Again, we have approved this levy rate, we are now at .002230856 per -- for our levy rates and certainly, again, more informational purposes on how a levy rate is calculated. Again, we manage the revenue side, Ada county revenue -- Ada county manages the assessed value side, and, then, mathematics determines the levy rate. This is an historical picture for you guys on what our levy rate looks like. So, it has been going down every year since 2013. So, it's a good -- good results. I do want to remind everybody, but that the .002230856 is impacted by the state's property tax relief program that the City of Meridian did opt into. Next year the levy rate will be higher than that, because we will no longer be receiving that one time benefit for the city. We estimated that our levy rate should be in the 29 region. If we did not have that benefit from the state, it would be .29, which is still below our current levy rate of .3 -- let's see. Our current levy rate is -- I apologize. I don't have that one memorized. I apologize. 0308. So, again, we are going to go from 0308 to .29 something if we did not have the tax credit, but we are actually down to .223, because of the property tax relief bill that we participated in. So, again, that's the historical look on levy rates as certified by the state. Again, this is -- I'm going to go through these quick. These are just informational purposes. This is your new -- your total taxable value as per state -- as per Ada county. They are the ones who inform us what our value above the ground is for the City of Meridian and you can see we have been growing greatly, which you guys are all familiar with. This is the new construction value. So, this is where Ada county -- Ada county assessor is telling us this is how much you are adding to your tax roll every single year in the new construction. This does not take into consideration inflationary factors of home prices or anything like that. This is like the new new construction added to your tax roll. This is another value of annexation. Remember I mentioned annexation is really not a big impact to us, because we have pretty much annexed most of the city limits. So, this is just going to get smaller and smaller every year as we, you know, annex the rest of the county properties within the city limits and, then, this is now going to go into the actual revenues associated to those values. Again, the base property taxes -- you can see this year we took a reduction, because we were going to be offset by the state's tax relief program. If we did not have the state's tax relief program our revenue this year will be a little bit higher than last year. But, again, we did participate. So, those are the revenues for our fiscal '21 and previous years as assigned. This is your allowable property tax taxes that we have collected over the -- since 2005. Anything that has a blank represents a zero percent allowable. That's that one lever that we get to pull. Those years of '11 and '12 and '21 we decided to pull the lever to zero, so that's why you show those as blank. The next one is going to be kind of an informational slide. I'm going to explain what this represents. This is what you did as a Council on the lever when you pulled the lever. You can see you pulled the lever three percent for a majority of the time and '11 and '12 you said zero, '17 was two. So, you can see that accordingly. I do want to, you know, remind the Council, you guys, that we have this -- this three percent that you can see moves along this red line and the red line represents levy rates. You know, there is some interesting counterintuitive actions that you see in 2004, '5 and '6 and 7 you could see we took the three percent, but the levy rate went down. In fiscal years '11 and '12 you took zero percent and the levy rate went up. In, you know, '14, '15, '16, '17, '18 you have -- you have always increased the Page 8 Meridian City Council Work Session Item#1. November 24,2020 Page 6 of 16 levy -- you always utilized the three percent, but the levy rate went down. So, it's counterintuitive. I just want to reiterate that our three percent lever that we pull really has hardly any impact on the overall levy rate. You know, it's such a minor number -- it's one million dollars out of 37 million. It has a very little impact on the overall calculation of the levy rates. The assessed value of the City of Meridian as determined by Ada county is the largest dictator of our levy rate calculation, it's not three percent allowable by any means. It's such a minor part in it as you can see here. Our decisions don't dictate which way the levy rate goes, because if you would have increased the three percent every single time one would say the leverage should go up every single time. As you can see there is no direct correlation. It's more of a -- I just wanted to share this with you that there is no direct correlation on what we determine as a three percent on the overall impact of the levy rate, it's the assessed value that has the largest determinant factor. This is our actual revenues collected from new construction. This is very important for us as a city. When we are growing at this rate, as the fastest growing city in America, we have a lot of people moving here, which increases demands on all services of the City of Meridian. We have a secondary revenue source called impact fees that we collect from our development community. That development community helps pay for all the infrastructure necessary to support those new services necessary for the new growth. This new construction here represents the operating expense side of managing new growth needs on the city. So, the impact fees assist with the infrastructure necessary to support the additional growth. That is a revenue source that we use. The new construction and annexation represents the operating, the personnel, the lights, the gas, the fuel to help maintain and provide the funding to operate those infrastructure needs for the increased services that the population and development is imposing on the city. So, again, these revenue sources are very important for us to be able to provide the police officers, the fire officers, the community development officers for the new growth that's coming to the City of Meridian. In annexation very little revenue impact to the City of Meridian. Again, it's pretty minor in the grand scheme of things. But, again, we do get some initial revenues for it and we provide the services to these annexation locations in the city. So, those are all the independent revenue sources. When you put them all together you can see property taxes make up the majority of where we get our revenue sources from and, then, new construction is the next piece and you can see allowable and annexation very very very minor in the grand -- in the total accumulation of revenues for the City of Meridian. So, those are property taxes, our property tax sources, how we value, how we generate revenues, how we use our revenues. You know, we piece it into four different pie -- slices of the pie. Again, we want to make sure we manage our revenues correctly, so we can be sustainable long term. Another way we look at the property tax is what we call a burden. Burden is determined by who is paying the property taxes. We work with Ada county, we get their information directly from them and what this tells us is who is paying our property taxes and as you can see it's mostly residential, which probably is not a surprise to you. Again, we are a heavy residential community with commercial in second place. commercial is our second largest contributor. Again another way to look at it is if you portion it out in hundred percents, this year for fiscal '20 is the highest we have ever had for residential burden. We have never been at 68.5 percent burden. That means more and more of the property taxes are being paid by the residential community. We do Page 9 Meridian City Council Work Session Item#1. November 24,2020 Page 7 of 16 have commercial sitting at 28.3 percent, but you can see in some years they were up to 36 percent. Again, not too much of a surprise to you guys. I think you guys approve all the developments, you know you are approving more residential and commercial. This will continue to have a residential burden weighted on the residential side. I personally think it's a great problem. Residential values are very strong and very consistent. The commercial property is more volatile, but, again, from a balancing act for development and planning, I know you need to have some more commercial, but residential is a solid revenue source for the City of Meridian because houses usually don't get up and leave. So, again, it's not a bad problem to have residential homes. They generate a very consistent and static revenue collected for us. We have a collection rate of 99 percent of revenues of taxes, which is amazing. So, we have a one percent kind of delay in collecting revenue. So, we have a very sound property tax base out there, which is a great problem to have. So, again, that's burden. Again, that -- and, you know, there is lots of discussions why is commercial not paying -- or why is commercial last, why is residential growing. Many discussions are being held at the state legislature about this. Again, I'm happy to discuss my opinions and thoughts at a later time with you. But, again, I just wanted to introduce burden -- you know, burden management for the City of Meridian on property taxes. The next item -- the next few slides -- again we are going to go through these kind of faster than we have in the other slides. These are just comparatives. This is from May 2020. 1 don't get the new data until every May. So, the next set of data won't be until May 21 . But this is your general fund tax levy comparison amongst the few cities that we compared here at the city in the Finance Department. We track these other cities every year. For the second largest city in the state of Idaho you are the fourth lowest general fund levy rate. So, congratulations to you guys. I mean you guys are the ones that are let -- allowing this to occur. I think it's amazing what the city does with such a low tax levy rate compared to -- I mean just look at our neighbor to the east, I mean we are half of them and you guys are -- we are providing amazing services for half the revenue source and farther right you go on the slide that's even a better deal. Another way of looking at it is we only have one levy rate here at the City of Meridian. Many other agencies have up to eight levy rates. So, if we took all of those levy rates into consideration we are the fourth. The previous slide only showed what we call the general fund comparison, which is known as -- which is this slide -- which is the general fund line right there. So, I compare just the general fund and, then, I also compare the total property tax levy rate as well. Again, so you can see many cities have multiple levy rates, whereas us, Boise, Kuna, Rexburg, we have all decided to manage ours -- our levy rates with only one. No right or -- that's just how they all manage it. But, again, just wanted to give you the data where we get the data from to show you the graphs. If you had -- if let's say Liz had a home in Meridian and a home in Caldwell and a home in Mountain Home and let's say Liz's three homes were all 200 grand each, she would pay these taxes in each of those homes. So, for her home in Mountain Home she's paying a thousand dollars for that same 200 dollar -- 200,000 dollar home that she's paying 350 in Meridian. So, are we a value? The answer is yes. I think we are doing amazing from a value perspective when compared to other agencies in the state of Idaho and also being the second largest city in the state of Idaho. And more informational purposes, we only represent 26.7 percent of your total levy rates. Again, there is ten other agencies that represents 73 percent of the total levy Page 10 Meridian City Council Work Session Item#1. November 24,2020 Page 8 of 16 rates. I do want to remind everybody that, you know, we -- it's literally impossible for us to say that we can lower your taxes. There is not a person in the state that can ever say that, because we don't manage all 11 agencies. So, please, be careful of saying, hey, we can lower your taxes, because if someone's house goes up 30 percent, it's going to be nearly impossible for you to be able to say you will lower their taxes. So, again, just want to know -- let -- let you know that we only represent 26 percent of the tax bill and that we need to manage it accordingly. Here we are going to get into some math. Cavener: Sorry, Mr. Mayor and Todd. Lavoie: Yes. Cavener: Can we go back two slides? Lavoie: Yep. No problem. Cavener: Maybe one more. So, this one here -- I have tried to wrap my head around the comparisons that you were putting together, because the one slide ahead it looks like you have taken kind of a -- all the -- the levy rates from our current tax bill. So, I'm -- I guess what I'm trying to get at is where we sit total property tax payment with all the districts that a Meridian resident pays into versus other municipalities. Does that make sense? Lavoie: I believe -- I -- it does make sense, yes. Cavener: But this slide here is the -- the taxes paid comparison, but we don't necessarily have a -- a complete levy rate comparison slide. Simison: And, Councilman Cavener, if I can also add in, that's a taxes comparison on a -- two equally valued homes. Cavener: Right. Simison: The average home in Meridian is not the average home in Pocatello. So, it's not what their -- Cavener: You are kind of getting where I was headed, so -- Simison: Yeah. I'm happy to have a conversation about the purpose of -- or the -- my viewpoint on the levy conversation and its relevance, but that's separate. But this is the least comparative -- Cavener: Okay. Simison: -- in some aspects. Page 11 Meridian City Council Work Session Item#1. November 24,2020 Page 9 of 16 Lavoie: And, Luke, I'm happy to get you a -- we have that data, if you would like us to present that to you. We have the total tax bill for multiple agencies that we review, so that you can see where the City of Meridian resides from a total tax bill in each city. So, we do track that data as well. Cavener: Great. I think -- and for -- maybe for a future conversation, I think it would be good to, you know, compare the -- the total levy rate of a district kind of across the state. That to me is just beneficial to kind of wrap my head around -- that's the one thing that at least is somewhat consistent is to know what somebody's property tax payment is in Meridian versus Pocatello, Mountain Home, etcetera. Lavoie: Yes. No, we have -- I have the data for you. I can easily send it out. We are -- in that analysis we are the second lowest. Cavener: Okay. Lavoie: So, I will be happy to send this file out to you guys right after this meeting, so you can see what people pay for their total tax bill as you stated, Luke. Cavener: Thank you. Lavoie: Thank you. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Thank you. I guess maybe for -- for you, Mayor Simison and Todd. So, I feel like there is some great information here. We don't often see members of the legislature attend these meetings or discuss property taxes with us. You know, we are a debt free city, we save before we spend, and we are planning in ten year increments. I guess I'm curious -- you know, have we ever provided this information proactively to members of the legislature? Are we considering that or is there a way to try to dialogue with them, particularly in light of, you know, the property tax working groups proposals that seem very ill conceived in my opinion. I'm just curious if we are able to, you know, share and try to dialogue with this information. Lavoie: I can -- oh, go ahead, Robert. Simison: I believe that the CFO is presenting this to the Council so you all can do that as you see it in your conversations. To be honest, I don't know -- this is very heavy on the levy rate and I don't know that the levy rate is always a good thing to engage the legislature on. It's difficult for people to under -- the biggest -- to get wrapped around the levy rate when the levy rate is really not the answer or this -- the problem or the solution in the conversation. But this is informative and we will see where it goes from here. Page 12 Meridian City Council Work Session Item#1. November 24,2020 Page 10 of 16 Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Thank you. Yeah. I -- you know, I agree, I -- I just -- it feels like, you know, maybe an opportune time to have that dialogue. I certainly will personally open up those channels of communication. I guess I would encourage Council maybe to have, you know, a session or something about -- about that. I'm just -- I'm looking at, you know, a city that's trying to build two fire stations and a police station and we have got some proposals that say, you know, don't do that, just issue debt and I -- and I -- I feel like it would be great to be proactive about that. Lavoie: I appreciate the questions and, again, we are happy to assist with any data collection that you might need to have those conversations with legislative branch members. Just reach out and let us know. With that the next five slides I'm really not going to go over them much. There is -- I provided them to you for informational purposes only. They are still mortgage comparisons on what a property tax house would look like, how much on average they are paying. Again, it's just more informational purposes only for you. You know, we track six homes to see how we are doing. You know, this is just information that, hey, we are keeping an eye on this, you know, what did the average home price pay in City of Meridian taxes. You can see it went down 19 -- or let's see. Residential went down about -- no. I apologize. Wrong one. About 19.7 percent on that one. So, again, total property taxes paid -- this is what they -- you know, is what we show our six homes are doing. We also track, you know, commercial properties to see how they are doing. Simison: Mr. Lavoie? Lavoie: Yes, sir. Simison: Is that total -- does that take in account the one time change this year? Lavoie: Are you talking about the property taxes paid? Simison: Yes. Lavoie: Yes, Robert, that does take into consideration the current levy rate, which is a one time benefit to the property taxpayer. So, this does take into that consideration of the program that we participated in. Simison: Would it be possible to show what this is without that one time? Because I think that's a more accurate reflection of where property taxes are. Lavoie: So, it would be all projected, but we will be happy to calculate that for you. But, please, note that it would be projected. Page 13 Meridian City Council Work Session Item#1. November 24,2020 Page 11 of 16 Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: I was kind of thinking along those lines as well. I was hoping for this year, either with, you know, the average home or by some metric we could show what the average would have been -- especially for residential owners if there wasn't the one time governor's property tax relief, just because I feel like residents are getting set up for what could be a huge change in following years. So, it would be great to wrap our heads around a quantum of that. Lavoie: Yeah, Liz, we will be happy to generate that analysis for you. You are correct, next year is going to be an eye opener when your tax bill comes in without that credit. You are a hundred percent correct. So, we do the same thing for commercial. Like you can see, commercial -- again, they experienced on average -- of our -- of our nine properties -- this is not representing every house and/or commercial property in the city of Idaho -- or Meridian. I just want to make that clear that this only represents nine properties and six other residential properties. So, it's only 15 properties throughout the city. Again, this is just our properties that we always track. Residential went down 19 percent. Commercial went down 25 percent in the same comparatives with the commercial and, then, just want to remind everybody that property tax makes up a majority of our revenue sources at 60 percent. Intergovernmental is our second largest at 15. So, of the 75 percent of your revenue sources that you as Council is responsible for, you have one lever, that's three percent. Everything else is managed by the state, the county, or somebody else. We have one little lever out of 75 percent of your revenue sources. We need to make sure we manage that the best we can. The other revenue sources are under our purview. But, again, that only represents 25 percent. So, again, just wanted to remind everyone that 75 percent is our majority of our revenue sources and we always want to make sure we manage it accordingly. Cavener: Todd? Lavoie: Yes. Yes. Cavener: Sorry. I didn't mean to interrupt. Mr. Mayor, if I may? Simison: Councilman Cavener. Lavoie: You're good. Cavener: Thank you, Mr. Mayor. Todd, I assume that the -- the revenue -- the dollars that came from the state this year, that's covered under the other general revenue at that three percent? Lavoie: Oh, no. It will be in our property. We threw it in with our property. Page 14 Meridian City Council Work Session Item#1. November 24,2020 Page 12 of 16 Cavener: Okay. Okay. Thank you. Lavoie: Yeah. No. Thank you for the question. So, yeah, that's the presentation today. That's property tax 101. 1 just wanted to really allow you guys opportunity to dialogue and have questions about how property taxes work. It's not intuitive all the time. Just wanted to allow you guys to ask questions and, again, next property -- you know, these are the things that we covered today. Next meeting that we will present to you will be in a nonpresentation format, just deliver the answers and results to you, most likely. We will give you the results of 2020, how did we do budget versus actual. Changes to the fund balance. Did we add to the fund balance? Did we decreased to the fund balance? We will let you know what our -- what our top revenue sources are, which you got a glimpse of, which is going to be property taxes and intergovernmental and, then, we will let you know what our top five expenses are for the fiscal year 2020. Again, I would stand or sit for questions and I'm happy to dialogue or obtain any other information that you wish to have, because we think it's timely that we get involved, like Liz stated, about property taxes, because legislators will be -- legislation will be put to the floor and I think if we can be involved, let them know our voices. I think that's very important, kind of like what Liz was talking about, and I'm happy to be a resource for you guys if needed. Simison: Council, any questions? Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Todd, to Council Member Strader's comments, you know, we heard last week from some of our friends in the legislature talk at great length about their encouraging of municipalities to look at -- at bonding for -- for capital projects. Lavoie: Yes. Cavener: You know, 180 degrees to kind of the philosophical view of previous mayors and councils, I'm just curious as our CFO is there a financial argument to be made for supporting the suggestions that are coming from the statehouse? Should we be looking at deviating from the model that we have followed and, if so, what positive impact does that have on -- on property tax bills? Lavoie: There are a few questions there. I will see what I can do on answering them all. Do I believe taking debt is a good thing for our taxpayers? I would say no, because that only adds interest to the value. So, I don't see how you can save money by adding interest to a debt situation. Don't get me wrong, the debt numbers -- lending numbers are amazing right now, so if you are going to take on debt this is the time you want to do so. But in five years, seven years, what if it's up to seven percent? You know, then, now the state legislature just put all the agencies in a really tough bind, now we are going to be borrowing at seven percent, which is an increase to the property taxpayers at the end of the day. So, yeah, right now it might look great to take on debt, because Page 15 Meridian City Council Work Session Item#1. November 24,2020 Page 13 of 16 the rates are amazing. Ten years no one knows. That could be, you know, changing quickly. I think back in the '80s and '90s it was, what, 17 percent to borrow. So, again, do I think debt is great? Yeah. Only when the rates are great. But not for a long term situation. I don't think it would help the taxpayers at all, to answer your question, Luke. I think it's an increase to our taxpayers. Can we fiscally manage our finances correctly? I think the City of Meridian is an example of, yes, you can. We have done it successfully as one of the fastest growing cities. I think we can be a loud voice in that discussion that, hey, we are an example of, yes, you can make this happen if you properly plan and be involved with long-term planning and get your revenues in the correct place. Can we do it? Ninety-nine percent of the agencies in America have debt. That's how they finance all their construction. We are -- we are the outlier. There is no doubt about it. Is it a good thing? I think it's a great thing. I think it saves the taxpayers. Legislation representatives were talking about, well, the burden is being put on the current homeowners and not the future homeowners and that's what fund does. Funding puts the cost burden on the people who are going to use it, because the future people are paying for the construction of the particular asset. True statement. I cannot argue against that. But that's a short window of view. If you look at it over the next hundred years, all property taxpayers are going to pay some proportionate share of the City of Meridian's infrastructure at some point in time if they all sit here. Again, in that small window, yes, the people in the future will pay for the infrastructure that they are paying for and if they -- but if you look at the long term, the way we do it is you pay -- you save as you go and the current people are paying for the future people, but when the future people get here they will be paying for the future people in the next cycle. So, again, over a hundred years it probably breaks out even, but we just happen to segment our revenue requests from this particular customer group, rather than this customer group. So, again, who is right or who is wrong in this, that's going to be the philosophical debate, but we believe the current City of Meridian property taxpayers are going to pay their infrastructure portion over the long term of the city's growth, not just a small 20 year bond window and that's how my philosophy is. Not to say it's right or wrong, but that's my philosophy is over time all city taxpayers will pay some proportionate share of the growth of the City of Meridian. Simison: Councilman Cavener, just to put a number to it, what I have traditionally heard from the school district is a bond has a 50 percent cost increase to the asset. So, really, the question would be is how long does it take you to save that asset versus increasing construction costs versus the 50 percent increase if you were to do it immediately. That's generally speaking. Cavener: Thank you. Thank you, Mr. Mayor. Thank you, Mr. Lavoie. I appreciate your presentation today. Lavoie: Thank you, Luke. Cavener: You guys do a great job. Simison: Council, any additional questions at this time? Page 16 Meridian City Council Work Session Item#1. November 24,2020 Page 14 of 16 Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: Todd, would you mind taking us through -- there is -- there is -- you know, there is when a property gets assessed and, then, when the city actually sees the funds come from the county and so if you -- let's say you have new construction that happens in January of this year, that is not added to the county tax rolls until early 2021 and, then, you get that information by June of 2021 and, then, that is included in the expected revenues for fiscal year 2021-22. Lavoie: '22. Perreault: '22. Lavoie: Yes. So, we are about 12 to 18 months in arrears. Perreault: Okay. So, that's -- so, let's say that there was construction that was built January of 2020. We are not seeing that -- those actual funds from the county until 2022? Collected from the -- from the property owner and sent to the -- sent to the city. Lavoie: So, if you build something right now is your example? Perreault: No. I'm talking about if it's -- let's say early in the year. Lavoie: Okay. Yeah. We don't get that until fiscal -- until 18 months later. Correct. Perreault: Okay. Lavoie: Yep. You got that correct. Perreault: Okay. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Just a comment. I just want to thank you, Todd, and especially the previous city councils and mayors that came before us; right? Right now everyone's talking more money today. I feel like I hear that all the time. It doesn't matter what party it is. And I just appreciate the fact that we have saved before we spend, that we have been so thoughtful over the long term, and I just wanted to state my support for how we have -- how we manage our finances historically and I -- I appreciate you presenting this and hope that in the future we will be able to model the impact of some of these proposals, if they feel like they are getting traction, so people can understand exactly what that would mean for them. Thank you, Todd. Page 17 Meridian City Council Work Session Item#1. November 24,2020 Page 15 of 16 Lavoie: I appreciate that and I echo your words to the previous council members. They are the ones who have put us in this successful position. This then -- we didn't get here by chance. There has been a lot of blood, sweat, and tears over the last 30, 40 years to manage the city's growth to where it's at and I agree with you, Liz, a lot of kudos to those previous council members and decision makers. Simison: Councilman Hoaglun. Hoaglun: Yes. And I concur with the Council Woman Strader's comments and -- and I think Todd said something very important and that is to live within our means, so we can maintain the level of services and -- and work hard to meet the needs as they arise with the growth and I think we are doing a good job with that and -- and to that comment about, you know, we should -- we should borrow and bond to, you know, put it on future -- future residents, if you will, and with the -- the level of our federal debt, the way it is right now, which is I think unconscionable, I don't think we should be adding a local debt on top of what my children, grandchildren, and their children will be paying for -- for many many many years, so -- I prefer our current method of doing things and, hopefully, with our legislators we can work out something that -- that's a solution that works -- works for everybody. Thank you for that presentation, Todd. Very helpful. Lavoie: Appreciate that, Brad, and I agree with you. Hopefully legislation can help the school districts and other districts realize they have other revenue tools called impact fees that can really aid in the management of growth and that's where Meridian has been quite successful. We tapped into that revenue source years ago, so that parks, fire and police can build infrastructure to meet the needs of the growth and that's where we have been successful. I think last year you probably saw Nampa increase their rates by 900 percent. You know, that was just a decision that, unfortunately, they did not maximize that revenue opportunity like we did and they are seeing some of the negative impacts with that, where our previous decision, Brad included, has set the city up with a successful impact fee model and that is something that we heavily rely on, because development should pay for their fair share. Simison: Okay. Council, any further questions? All right. Thank you, Mr. Lavoie. Lavoie: Thank you. EXECUTIVE SESSION 9. Per Idaho Code 74-206A(1)(a) To deliberate on a labor contract offer or to formulate a counteroffer. Simison: Next up is Item 9, Executive Session. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Page 18 Meridian City Council Work Session Item#1. November 24,2020 Page 16 of 16 Hoaglun: I move that we go into Executive Session per Idaho Code 74-206A(1)(a). Cavener: Mr. Mayor, I will second the motion. Simison: I have a motion and a second to adjourn into Executive Session. Any discussion on the motion? If not, Clerk will call the roll. Roll call: Bernt, absent; Borton, absent; Cavener, yea; Hoaglun, yea; Strader, yea; Perreault, yea. Simison: All ayes. Motion carries and we are adjourned into Executive Session. MOTION CARRIED: FOUR AYES. TWO ABSENT. EXECUTIVE SESSION: (5:18 p.m. to 6:06 p.m.) Simison: All right. Do I have a motion? Hoaglun: Mr. Mayor, I move we come out of Executive Session. Cavener: Second. Simison: Motion and second to come out of Executive Session. All those in favor signify by saying aye. Opposed nay. The ayes have it. MOTION CARRIED: FOUR AYES. TWO ABSENT. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Move to adjourn. Cavener: Second the motion, Mr. Mayor. Simison: Motion and second to adjourn the meeting. All those in favor signify by saying aye. Opposed nay. The ayes have it and we are adjourned. MOTION CARRIED: FOURAYES. TWOABSENT. MEETING ADJOURNED AT 6.06 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINOGgS) 2020 / / MAYOR ROBERT E. SIMISON DATE APPROVED ATTEST: CHRIS JOHNSON - CITY CLERK Page 19 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Ameriben Phase II Water Main Easement Page 3 ADA COUNTY RECORDER Phil McGrane 2020-162600 BOISE IDAHO Pgs=6 BONNIE OBERBILLIG 11/25/2020 12:12 PM CITY OF MERIDIAN, IDAHO NO FEE Protect Name(Subdivision): Ameriben Phase II Water Main Easement Number: Identify this Easement by sequential number if Project contains more than one Water Main easement. (See Instructions for additional information). WATER MAIN EASEMENT THIS Easement Agreement, made this 24th day of November 20 20 between BVASB Ten Mile phase 2 Building.LLC ("Grantor"),and the City of Meridian, an Idaho Municipal Corporation("Grantee"); WHEREAS, the Grantor desires to provide a water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water main is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW,THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of water mains and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee,with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto,that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTOR covenants and agrees that Grantor will not place or allow to be placed any permanent structures, trees,brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTOR covenants and agrees with the Grantee that should any part of the right-of- way and easement hereby granted shall become part of, or lie within the boundaries of any Water Main Easement Version 01/01/2020 Item#1. public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that Grantor is lawfully seized and possessed of the aforementioned and described tract of land, and that Grantor has a good and lawful right to convey said easement, and that Grantor will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. THE COVENANTS OF GRANTOR made herein shall be binding upon Grantor's successors, assigns, heirs, personal representatives, purchasers, or transferees of any kind. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. [END OF TEXT; SIGNATURES TO FOLLOW] Water Main Easement Version 01/01/2020 page 5 Item#1. BVASB Ten Mile Phase 2 Building, LLC, an Idaho limited liability company by its Executive Managers Brighton Corporation, an Idaho corporation By: . alLI, Robert L. Phillips. President STATE OF IDAHO ) )ss. County of ) On this IDluday of &WW_, 2020, before me, the undersigned a Notary Public in and for said State, appeared Robert L. Phillips, known or identified to me to be the President of Brighton Corporation, the corporation that is an Executive Manager of BVASB Ten Mile Phase 2 Building, LLC, the limited liability company that executed the within instrument or the person who executed the instrument on behalf of said limited liability company, and acknowledged to me that such limited liability company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. AMANDA MCCURRY COMMISSION#I'29528 NOTARY PUBLIC STATE OF IDAHO 4Noaryblic for aho MY COMMISSION XPI S oa��st2o2a Re My commission expires IS 7i3 Water Main Easement Version 01/01/2020 GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor Attest by Chris Johnson, City Clerk STATE OF IDAHO, ) . ss. County of Ada ) This record was acknowledged before me on 11-24-2020 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. (stamp) Notary Signature My Commission Expires: 3-28-2022 Water Main Easement Version 01/01/2020 page 8 Item#1. 2776 W.Navigator Drive,Su Ito 210 Idaho Office Meridian,Idaho 83642 H V RRO C K Tel: 208,895.2520 co www.horrocks. m E N G I N E E R S Date: August 14,2020 Project: ID-153 8-1901 Page: 1 of 1 EXHIBIT A Ameriben Phase II, Water Easement This easement is situated in a portion of Parcel A of Record of Survey No. 11878,records of Ada County and is located within the S.W. %of Section 14,Township 3 North,Range 1 West of the Boise Meridian, City of Meridian,Ada County, Idaho,more particularly described as follows: COMMENCING at the southwest corner of said Parcel A;thence along the west boundary of said Parcel A, 1) N.0004826"E., 30.99 feet to the POINT OF BEGINNING;thence continuing along said west boundary, 2) N.00°4826"B., 15.58 feet; thence leaving said west boundary, 3) S.89°00'41IT , 15.78 feet;thence, 4) S.00°59'19"W., 15.52 feet to the north boundary of a waterline easement as described in Instrument#2018-017726 and 2018-021997,records of Ada County, thence along said easement, 5) N.89014'30"W., 12.17 feet;thence leaving said easement and continuing, 6) N.89°14'30"W., 3.55 feet to the POINT OF BEGINNING. L D 0 roir HAD 1538-1901 TM Ameriben East/Project Data/04 Survey/Descriptions/Water Easement Acquisition 081420 Page 9 Item#1. EXHIBIT B Ameriben Phase II, Water Easement ,� �`t, 441 ' 7 0 IN-IT ��G�1� NOT TO SCALE w rn 0 PP o�gJ o �- Z FOUND 8/8 REBAR S89000'41"E Q CALCULATED POINT 15,78' Oco I Ocl�Lu I � *t �w � * i mco zo Q N� Ed �U. Utz Uco laic) QLL 0 a0 !� € 0 $ ' N89014'30"W OF Z P.O.B. I �. 3.55 12,17' ——————— ., ----A— N89°14'30"VV w N WATERLINE EASEMENT co INST#2018-017726& r� o 2018-021997 z P.O.C. SOVMWESTCORNER PARCELA O W. EXCURSION LN. �—=-_•a�.�� DRAWING INFO N >e 8 R a11�1�'�ElP� METER EASEMENTL— fammimALE °N.T.S. T776DL,SsRe$10 REV OATS S.W. 1/4 SEC. 14, T.3N., RAW., B.M. FIRM Tro Pam °7 Page 10 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Victory Commons Lot 2 Water Main Easement No. 2 Page 11 ADA COUNTY RECORDER Phil McGrane 2020-162601 BOISE IDAHO Pgs=6 BONNIE OBERBILLIG 11/25/2020 12:13 PM CITY OF MERIDIAN, IDAHO NO FEE Pr2j,ect Name JSubdivision): Victory Commons Water Nlain Easement Number: 2 Idenfil-v this Easement by sequential number if Project contains more than one Water Mahi easement- (See InstmCtions for additional ill 1,611lation), WATER MAIN EASEMENT THIS Easement Agreement, made this 24th day of November20 20between Luna Victory, ILLC ("Grantor"), and the City of Meridian, an Idaho Municipal Corporation("Grantee"); WHEREAS, the Grantor desires to provide a water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water main is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other- good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of water mains and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times, TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever, IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement, THE GRANTOR covenants and agrees that Grantor will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this casement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTOR covenants and agrees with the Grantee that should any part of the right-of- way and easement hereby granted shall become part of, or lie within the boundaries of any Water Main Easement Version 01/0 1/2 02 0 Item#2. public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that Grantor is lawfully seized and possessed of the aforementioned and described tract of land, and that Grantor has a good and lawful right to convey said easement, and that Grantor will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. THE COVENANTS OF GRANTOR made herein shall be binding upon Grantor's successors, assigns, heirs, personal representatives, purchasers, or transferees of any kind. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. [END OF TEXT; SIGNATURES TO FOLLOW] Water Main Easement Version 01/01/2020 Page 13 GRANTOR: Kuna Victory, LLC, an Idaho limited liability company By: BV Management Services, Inc., an Idaho corporation, the Manager �-71�By: C (rtney Lid rd, President STATE OF IDAHO ) )ss. County of On this '5y"day of NoVe,-n, , 2020, before, me the undersigned a Notary Public in and for said State, peronally appeared Cortney Liddiard, known or identified to me to be the President of BV Management Services, Inc., the corporation that is the Manager of Kuna Victory, LLC, the limited liability company that executed the within instrument or the person who executed the instrument on behalf of said limited liability company, and acknowledged to me that such limited liability company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public for Idaho BRANCI LOVE COMMISSION NO. 37925 Residing at Zd,41tx C=-�l5 1� NOTARY PUBLIC My commission expiresSTATE OF IDAH MY COMMISSION EXPIRES o4/12/26 Water Main Easement Version 01/01/2020 Item#2. GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor Attest by Chris Johnson, City Clerk STATE OF IDAHO, ) : ss. County of Ada ) This record was acknowledged before me on 11-24-2020 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. (stamp) Notary Signature My Commission Expires: 3-28-2022 Water Main Easement Version 01/0 1/2020 Page 15 Item#2. 2775 W.Navigator Drive,Suite 210 Idaho Office Meridian,Idaho 83642 Tel: 208.895.2520 www.horrocks.com H O RRO C K S E N G I N E E R S Date: July 23, 2020 Project: ID-1402-1810 Page: i of 1 EXHIBIT A This easement is situated in Government Lot 4 of Section 19,Township 3 north, Range I East, Boise Meridian, City of Meridian,Ada County, Idaho, being a portion of Parcel A of Record of Survey Property Boundary Adjustment No. 8699, records of Ada county, Idaho, more particularly described as follows: COMMENCING at the southwest corner of said Government Lot 4; thence along the west boundary of said Government Lot 4, 1) N.00°38'36"E., 1330.30 feet to the northwest corner of said Lot 4; thence along the north boundary of said Lot 4, 2) N.89°41'44"E., 70.00 feet to the northwest corner of said Parcel "A" and a point on the easterly right of way of south Kuna-Meridian road as it now exists, thence along said right of way; 3) S.00°38'36"W., 289.98 feet to the POINT OF BEGINNING, thence leaving said right-of-way; 4) S.89°28'I0"E., 137.91 feet, thence; 5) S.00°3l'50"W., 15.00 feet, thence; 6) N.89°28'10"W., 137.93 feet to the said right of way, thence along said right of way; 7) N.00°38'36"E., 15.00 feet to the POINT OF BEGINNING. Containing 2,068,80 square feet,more or Iess. ��Ss XrENS o �G 196 0 d, 9-24-20�o 9p� Of ,gyp 9pN WR1G� HAD 1402 Victory Coinmons/Project Data/04 Survey/4.02 Descriptions/Parcel A PBA 012200 Page 16 Item#2. LU — __ r C7 w J merle O w OR Cam LU p oy o z w Q u, 6 4 oyo oo� z„ CflN o ~ U- LL. m a CD a 4 U z w U �=Cc U0 C,z 2 4 4 W Cc w w a oJ J r a m w Wa N M O I4� m U W a o 0 N I w LU O m co �- rn M I� p z m IL W � 00 Z `� ❑ X o Oq � W LU 0 CV00 J O� cc) ON ON LLJ N CC) O UN O F I w ^ U Nuj ¢ a ° Lu ao z � > � a caLLJ q U U v) i9 w � M � ° pp � � � ° I � � P °"� 0 4 ° Z p o 4ri z [� za� m a z Q a=a z r` 186'68Z ` ,99'00£ `, z w A Z LLN „9EL8£o0S EI19E1MON p o b t� a P --� 8£G 3„98,86o00N Q s M[2� o �o CIN I Vl(lIHHW-VNflx 'S _ N 0 � z VJd 1 GS OZ6Zi4Zl6 iII6W4l uo 6mp S1191HX3 1N3V43SV3 SNOVJA03 1.HOL31A tat L-ansoq duasa - Aaem y �ye3 pue sung OZ645 5401eieO loafo,dlsuowwoO A�o1�I�Ok81206LOp840�GH Page 17 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Victory Commons Lot 3 Water Main Easement No. 1 Page 18 ADA COUNTY RECORDER Phil McGrane 2020-162602 BOISE IDAHO Pgs=6 BONNIE OBERBILLIG 11/25/2020 12:14 PM CITY OF MERIDIAN, IDAHO NO FEE Protect Name(Subdivision): Victory Commons Water Main basement Number: 1 Identify this Easement bysequential number if Projectcontains more than one water Main easement. (See Instructions for additional infatmation), WATER MAIN EASEMENT THIS Easement Agreement, made this 24th day of Novembel-a 20 bet�veenKuna Victory, LLC ("Grantor"), and the City of Meridian, an.Idalro Municipal Corporation("Grantee"); WHEREAS,the Grantor desires to provide a water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water main is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of water mains and their allied facilities, together- with their maintenance, repair and replacement at the convenience of the Grantee,with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after snaking repairs or ,performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to, undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement, THE GRANTOR covenants and agrees that Grantor will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTOR covenants and agrees with.the Grantee that should any part of the right-of- way and easement hereby granted shall become pant of or lie within the boundaries of any Water Main Easement Version 01/01/2020 Page'19 Item#3. public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that Grantor is lawfully seized and possessed of the aforementioned and described tract of land, and that,Grantor has.a good and lawful right to convey said easement, and that Grantor will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever:. THE COVENANTS OF GRANTOR made herein shall be binding upon Grantor's successors, assigns,heirs,personal representatives,purchasers, or transferees of any kind.. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. [END OF TEXT; SIGNATURES TO FOLLOW] Water Main Easement Version 01/01/2020 Page 20 GRANTOR: Kuna Victory, LLC, an Idaho limited liability company By: BV Management Services, Inc., an Idaho corporation, the M ager By: Z-ortn4 Liddiard, esident STATE OF IDAHO ) )ss. County of ) On this 3�day of NOvexnbQy- , 2020, before, me the undersigned a Notary Public in and for said State, peronally appeared Cortney Liddiard, known or identified to me to be the President of BV Management Services, Inc., the corporation that is the Manager of Kuna Victory, LLC, the limited liability company that executed the within instrument or the person who executed the instrument on behalf of said limited liability company, and acknowledged to me that such limited liability company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. FNMOTARY SSION NO. 37925Notary Public for Idaho PUBLIC Residing at \ Z17TE OF IDAHO My commission expires LA-1a -' o3aSION EXPIRES O411226 Water Main Easement Version 01/01/2020 Item#3. GRANTEE: CITY OF MERIDIAN Robert E. Simison,Mayor Attest by Chris Johnson,City Clerk STATE OF IDAHO, ) . ss. County of Ada ) This record was acknowledged before me on 11-24-202gdate) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. (stamp) Notary Signature My Commission Expires: 3-28-2022 Water Main Easement Version 01/0I/2020 Page 22 Item#3. 2775 W.Navigator Drive,Suite 210 Idaho Office Meridian,Idaho 83642 H V RRO C K Tel: 208.895.2520 www.horrocks,com 11111 E, N G I N 1 ' E R S Date: October 6, 2020 Project: ID-1402-1810 Page: 1 of 1 EXHIBIT A VICTORY COMMONS DOMESTIC WATER EASEMENT This easement is situated in Government Lot 4 of Section 19, Township 3 north, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, being a portion of Parcel A of Record of Survey Property Boundary Adjustment No. 12,282, records of Ada county, Idaho, more particularly described as follows: COMMENCING at the southwest corner of said Government Lot 4, from which the northwest corner of said Government Lot 4 bears N.00°38'36"E., 1330.30 feet; thence along the west boundary of said Lot 4, 1) N.00°38'36"E., 490.09 feet,thence leaving said west boundary; 2) N.89°42'17"E., 70.00 feet to the southwest corner of Parcel B of said Record of Survey No. 12,282, thence along the south boundary of said Parcel"B"; 3) N.89.42'17"E., 211.12 feet to southeast corner of said Parcel`B", thence along the east boundary of said Parcel`B"; 4) N.00°55'07"E., 198.50 feet, thence leaving said east boundary; 5) S.88°48'10"E., 76.46 feet,thence; 6) S.50°56'20"E., 184.91 feet to the POINT OF BEGINNING, thence; 7) N.39°14'22"E., 165.42 feet,thence; 8) S.50°45'37"E., 39.00 feet, thence; 9) S.39°14'22"W., 165.30 feet,thence; a 1-55� ENS 10)N.50°56'20"W., 39.00 feet to the POINT OF BEGINNING. v 196 0 , 10-05-20 0 Of 1Q WR�G HAD 1402 Victory Commons/Project Data/04 Survey/4.02 Descriptions and Exhibits\Working\Exhibit A SHERWIN-WILLIAMS Water Esmt 081120 Page 23 t JS PQ z CL 2 < z 0 %I\ 5 Z5 CL Q 0 w co a s 02 z�� O z � ` \z ti o E-i C-) to < w 0 U- 0LL E-4 < zi z z z Z C) 0 0 CL 1. 0 �NZ001+1 & LLJ Q� -,- 0 Cd 0 uj Lu>- X LLJ 0- 'SII UJ U) cy ice{ H 11) d . cr- in o 0 Z,8 Z'Z,t#A 3Aens=io (0 ;t 11-100 CI&003&2V3&v 790(VVCI O 00 > U) 0 0 .L0,99.0N wl �u Q z E-1 "S .78Z'Z:t #AgAyns,-qo r C\l oa -790&Vcf(WO0.98?Jgd 19 b CF) C) 00 C; zo Z I-- 60,06p, CIO cl; A u u) OC'OM 3,90,MOON 25Z Page 24 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Victory Commons Lot 4 Water Main Easement No. 3 Page 25 ADA COUNTY RECORDER Phil McGrane 2020-162603 BOISE IDAHO Pgs=6 BONNIE OBERBILLIG 11/25/2020 12:14 PM CITY OF MERIDIAN, IDAHO NO FEE �'x°o°cct i'v'.nxxne( xtltcli�isiuxnb: Victory Commons Water Main Easement Number 3 Identify this Easement by sequential nn rriber il`Prcajeut contains more than one Water Ntain eascinent (See instructions for additimial infni hatirxni WATER MAIN EASEMENT THIS Easement Agreement, made this 24th day ofNovember2o 20 between KunaVictory, LLC ("Grantor"), and the City of Meridian, an Idaho Municipal Corporation ("Grantee"); WHEREAS, the Grantor desires to provide a water inain right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water main is to be provided for through underground pipelines to be constructed by Gathers; and WHEREAS, it will be necessary to maintain and service said pipelines frorn time to time by the Grantee; NOW, THE F , in consideration of the benefits to be r°cceived by the Grantor,and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of water mains over and across the following described property. (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of water mains and their allied 'facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said. easement and right-of-way unto the said Grantee, it's successors and assigns forever.' IT IS E PRESSI Y UNDERSTOOD AND AGREED, by and between the parties hereto, :that after inaking repairs or;performing other maintenance, Grantee shall;restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement: THE GRANTOR covenants and agrees that Grantor will not place or allow to be placed any pernranein structures, trees, brush, or perennial shrubs or flowers within the area described for this 'easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTOR covenants and agrees with the Grantee that should any part of the right-of- way and casement hereby granted shall become pail of, or lie within the boundaries of any Water Main Easement Version 01/01/2020 Page 26 Item#4. public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that Grantor is lawfully seized and possessed of the aforementioned and described tract of land, and that Grantor has a good and lawful right to convey said easement, and that Grantor will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. THE COVENANTS OF GRANTOR made herein shall be binding upon Grantor's successors, assigns, heirs, personal representatives, purchasers, or transferees of any kind. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. [END OF TEXT; SIGNATURES TO FOLLOW] Water Main Easement Version 01/01/2020 Page 27 Item#4. GRANTOR: Kuna Victory, LLC, an Idaho limited liability company By: BV Management Services, Inc., an Idaho corporation,the M ager By: Corkrfey Liddiar , President STATE OF IDAHO ) )ss. County of On this 31191 day of NQVejht bey , 2020, before, me the undersigned a Notary Public in and for said State, peronally appeared Cortney Liddiard, known or identified to me to be the President of BV Management Services, Inc., the corporation that is the Manager of Kuna Victory, LLC, the limited liability company that executed the within instrument or the person who executed the instrument on behalf of said limited liability company, and acknowledged to me that such limited liability company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. BRANDI LOVE Notary Public for Idaho COMMISSION NO. 37925 Residing at --L4g11 V aaVb --1Z NOTARY PUBLIC My commission expires STATE OF IDAHO [MY COMMISSION EXPIRES 04/12/26 Water Main Easement Version 01/01/2020 Page 28 Item#4. GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor Attest by Chris Johnson, City Clerk STATE OF IDAHO, ) : ss. County of Ada ) This record was acknowledged before me on 11-24-2020 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. (stamp) Notary Signature My Commission Expires: 3-28-2022 Water Main Easement Version 01/01/2020 Page 29 Item#4. 2775 W. Navigator Drive,Suite 210 Idaho Office Meridian,Idaho 83642 T T O R R O C K 7e1: 208.895.2520 H www.horrocks.cam I. �11,11 E N G I N E E R S S�o�ENS�ro�PG Date: July 23, 2020 Project: ID-1402-1810 o Page: 1 of 1 1 96 0 o 9-24-20�o EXHIBIT A 9TF aF °a Domestic Water Easement r WRI�� This easement is situated in Government Lot 4 of Section 19, Township 3 north,Range 1 East, Boise Meridian, City of Meridian,Ada County, Idaho, being a portion of Parcel A of Record of Survey Property Boundary Adjustment No. 8699, records of Ada county, Idaho, more particularly described as follows: COMMENCING at the southwest corner of said Government Lot 4; thence along the west boundary of said Government Lot 4, 1) N.00038'36"E., 1330.30 feet to the northwest corner of said Government Lot 4; thence along the north boundary of said Lot 4, 2) N.89°41'44"E., 70.00 feet to the northwest corner of said Parcel "A" and a point on the easterly right of way of south Kuna-Meridian road as it now exists, thence along said right of way; 3) S.00°38'36"W., 486.76 feet to the POINT OF BEGINNING, thence leaving said right-of-way; 4) N.89°55'08"E., 43.28 feet, thence; 5) S.00°04'52"E., 15.00 feet, thence; 6) S.89°55'08"W., 43.47 feet to the said right of way,thence along said right of way; 7) N.00°38'36"E., 15.00 feet to the POINT OF BEGINNING. Containing 650.62 square feet, more or less. HAD 1402 Victory Commons/Project Data/04 Survey/4.02 Descriptions/Parcel A PBA 0I2200 Page 30 Item#4. T = o s O o Him Y. �+UA CD N W W � � C/Oo z W � W co N H W O z z ~ *k I� [� W Z Z � � E5 o a w �i O m M a m � U OLL O p U g 0 W �n z z CO U O W o ¢ W m ❑ a m ° O o o � d X o Q o o a n W LLU o o � ❑ If � N . , ❑ ❑ LU Occ CMO ccI N >- LQ W I� W a W � Z) pI I0 � Z � � Q w I ° m 00 co zl� coo�IN ° I ° o p = CD l.1 J I I q o a z r I Zia (3) 00 z 0 4} z p z z r` �9L�98� ,08'EN M,.9£,8£005 "9£MON b W ~^N LL� leo O o Q o x _i� ,o� 3„s�,8�000N MI2I`\�l. rr� 0 o ��}}{TT{ �!!I��\7TII���\//77TT'/�I TT��]]'''lTT'l.(��L TT,,,,�{{{{{TTII HH��77II fI�' (\� � ��� �� �o Ql1 1`l Y l(lldHL - Y 1�L11M •E.J /Nry '9 NL oZ�F z Wd 64�44ZpZl4Z1614BPM una fi^�P'S118WX3 1N3 W3SV3 SNOWVJOJ A2f0101�Zp4 E-Qhlsl!4i4x3 pue suogdpasap gpytAamng 64leleQ loalo�dysuawwo�Aio3a3q OLBL-Z44l-QI18 tpZfsN � W Page 31 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Final Plat for Sky Mesa Highlands No. 1 (FP-2020-0007) by J-U-B Engineers, Inc., Located at the Northwest Corner of S. Eagle Rd. and E. Lake Hazel Rd. Page 32 Item#5. E IDIAN:--- IDAHO C� PUBLIC HEARING INFORMATION Staff Contact:Sonya Allen Meeting Date: November 24, 2020 Topic: Final Plat for Sky Mesa Highlands No. 1 (FP-2020-0007) by J-U-B Engineers, Inc., Located at the Northwest Corner of S. Eagle Rd. and E. Lake Hazel Rd. Information Resources: Click Here for Application Materials Page 33 Item#5. STAFF REPORT E � � �� COMMUNITY DEVELOPMENT DEPARTMENT HEARING 11/24/2020 Legend � RU DATE: IffProlect Lacfl-fian TO: Mayor&City Council R—R-8 FROM: Sonya Allen,Associate Planner �LLUIL 208-884-5533 SUBJECT: FP-2020-0007 R-8 R-15 R-15 Sky Mesa Highlands No. 1 R- RUT LOCATION: Northwest corner of S. Eagle Rd. and E. R-9 Lake Hazel Rd., in the SE 1/4 of Section R-5 32,Township 3N.,Range IE. R-4 RUT I. PROJECT DESCRIPTION Final plat consisting of 82 buildable lots and 13 common lots on 32.92 acres of land in the R-4 zoning district. II. APPLICANT INFORMATION A. Applicant: J-U-B Engineers, Inc. —2760 W. Excursion Ln., Ste. 400,Meridian,ID 83642 B. Owner: Woodside Harris, LLC—729 S. Bridgeway Pl.,Eagle, 83616 C. Representative: Wendy Shrief,J-U-B Engineers,Inc. —2760 W. Excursion Ln., Ste. 400,Meridian, ID 83642 III. STAFF ANALYSIS Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plats (H-2017-0068 Sky Mesa&H-2019-0123 Sky Mesa Highlands)in accord with the requirements listed in UDC 11-613-3C.2. In order for the proposed final plat to be deemed in substantial compliance with the approved preliminary plat as set forth in UDC 11-6B-3C.2,the number of buildable lots cannot increase and the amount of common area cannot decrease. Staff has reviewed the proposed plat and the number of Page 1 Page 34 Item#5. buildable lots and common open space area have not changed. Therefore, Staff deems the proposed final plat to be in substantial compliance with the approved preliminary plats as required. Note: The Applicant has committed to submitting a final plat application for the remaining 13 lots in Sky Mesa Subdivision before the end of 2020. IV. DECISION Staff recommends approval of the proposed final plat with the conditions noted in Section VI of this report. V. EXHIBITS A. Vicinity Map L F fi011tIGFIS lflTTTF _ JMPRM Ep:T RIDGE SUBDUS X Ml QTFFFF- i i PROJECT LOCA4TI014 Page 35 Item#5. B. Preliminary Plat(dated: 8/17/2017 & 1/15/2020) i-�'T;'I--i--l--fir- --- ��ti' �� � �`�i� i'I�' -�---•-- �. j5 11 I SI ��i1Q•-_�- � - IIXf�• ���.d Frtr.3!Fr� I I�a�iw��.due �,� I �T"'�',� ', PAE Revised Lot Layout: I� I 11 �� #��•�---, ---�—, ----- - .—, — — -------;,=,--� ,. ' r • I , 5 I ^ I Sul r�,mu J BoisE H1.,s Page 3 Page 36 Item#5. Pgr--Vhci-r FL-Li n- 1 SKY MESA HIGHLANDS SUBDIVISION 61'ULgl rnf Sgln4urarxsaa rx��•+ucruvwreRA^+wls � + "'i` AR ma �aerirec� TGIA9('SNAIH�1'JV�.IlI@E16�LIL�S Yi MEFdl31+VK IOA110 i � 1! 1' I'' i� !yam - I - iLT3.X41'iCTiQY�d<f.IS•�' � I ! s — r - - -I- - - - - - - - - - - - Redevclopment Plan for Lot 28. Block 1: TYy' N Nr dIm"i DR Iv.J4a r laaon R r ,uifdlK A ' C 56 St10 —- SCALE IN FEE �LvIhI ._ 1 I • r Y1 DE•.-1,1GE-Y Page 37 Item#5. B. Final Plat(dated: 10/14/20) 9q?'4¢'25-E LA - aT -T --E i Sky Mesa Highlands Subdivision No. i .� q I ' ` o LII y)YIa h 6k Sahr2"IH!■[' I... My of MericRan. Ada Counb'. Idaho, a 2021 - 7 �- m2211 o Im 3m 4 { I I ] i L L 1 1 1 4 1 7 .lrl lae S.A.L- 4 b-d U. jB i i■ ' a n 14 1F 1? I■ ••`�ate• �m[,eb.nd.il: w JLL {+ ' LI? Y y -It C—.a tm a rw55 J M !Ir -fAM■.rr.ems•+t tl h,.•I yp ,rwN w+r..;�..��� a F it �} a u -rw.i err ntv n�LI■wll■I a I■112 �r -31 ° • -�r�•-wor4,r J. in ■ . w �y.►r �•u•e�� PA S3 YY CIA r• -{iw ia•Fr gffkf; I I I# -{-0a.r ki•ir[rem M It f -l.w 4•br Irry4+4 R r5 ■rLL f 4y 24 1+ I Jr 11 Ya rtraart. ��' u� rb„. r•r e � ''� '.,Y'�r.k U rR4'+F fir 4r yri5}.ti + 11 .• Y.Jr•+.�4 rwu[ 5I +.}Klr. 4r yr.ir• �� Y KKIT FF L11L�Ir{:rr1..+L751 XSN LO }i v rrSr .J5 b_ P"Ei4QPaPW4j OWL ]w.K ewrl "r+'1+M■AF'1"r- L19 r ■I-Frr i rt XlSnnlr.hlrMwnraalih InrkFXrRIW r .E ii u r1074T152 ICJ1T - •�+y]ra�IF.. i-,.-vlrr_ •.llr„�.u.wlr'.� -- r.. •�C ro` ---- qL Id- Page 5 Page 38 EE C. Landscape Plan(dated: 9/2/2020) WON&. mmwaiam= =mo =Cck HI SPOT IMMM ML---- 1=7 INS AEI let L+ El oi. 0 0 00 moo LAW PrI! 00 CGr-- �oo CIDO 6 ULI EE Item#5. i yii i -I I i } ' ! i ci f 0 0 , MN I O (D C 0 PD C)'0 OF PL � I r OUna IL ' --f F Page 7 Page 40 ------------ --------------------------- - C)CLl 00 I -. LO - c (D (D PC Ed -------------------- 11 1 r) 00C 00 00 LIDS Item#5. D. Common Driveway Exhibit I I - - - - Fi - - - - - - - - � w� C m REAR scraAck 20-00' I LSCP BUFFER I FROM SETBACK A F I I s I 8-p6� n J I LSCP BUFFER x rp J 12.00' J0111FIrBRACECOURT II o I I I I FRONT SETBACK v 5.00' -0 BUFFER x I REAR SETBACK J �s 20.00' I I � � I Lscr auFFER 1 I I aW L - - - - - - - - � I c m 0 R O � x ti A Page 9 Page 42 Item#5. E. Emergency Access I �onu M u I I E -EOW4T ' I IM i� 4 ti I I Y La I a � I rig I t � F I y I � I Page 43 Item#5. VI. CITY/AGENCY COMMENTS & CONDITIONS A. Planning Division Site Specific Conditions: 1. Applicant shall meet all terms of the approved annexation(Development Agreements -Inst. #2017-119308 Sky Mesa; #2020-099420 Sky Mesa Highlands)and preliminary plat(H-2017- 0068 Sky Mesa,H-2019-0123 Sky Mesa Highlands)applications approved for this site. 2. The applicant shall obtain the City Engineer's signature on the subject final plat within two years of the City Engineer's signature on the previous phase final plat(i.e. Sky Mesa#3) (by August 18,2022)or apply for a time extension, in accord with UDC 11-6B-7. 3. Prior to submittal for the City Engineer's signature,have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 4. The final plat prepared by J-U-B Engineers,Inc., stamped by Robert L.Kazarinoff, dated: 10/14/2020,included in Section V.B shall be revised as follows: a. A scenic easement shall be depicted on Lots 15-27,Block 3 for homes to be five feet(5') below the ground elevation of Mr. Cantrell's(#R1835500400)and neighboring homes adjacent to the southern boundary of the site on Lake Hazel Rd.A copy of the easement shall be submitted to the Planning Division prior to signature on the final plat by the City Engineer. b. Include a note stating the existing driveway access for Lot 28,Block 1 via S. Eagle Rd. is allowed to remain until the property redevelops in the future.At such time, access shall be taken internally from within the subdivision via the common driveway on Lot 15,Block 1. c. Note#2: Exclude Lots 7 and 16,Block 1 as these lots will be accessed via the public street, not the common driveway. d. Note#5: "Lots shall not be reduced in size without prior approval from the health authority and the City of Meridian." e. Note#11: Include the recorded instrument number of the ACHD License Agreement. f. Note#14: Include the recorded instrument number of the Development Agreements(#2017- 119308 Sky Mesa; #2020-099420 Sky Mesa Highlands). g. Note#15: ". . . has direct lot or parcel access to Eagle Road until such time as the property redevelops.At such time, sole access shall be taken from the common driveway on Lot 15, Block 1 and direct access via Eagle Road shall be prohibited." h. Easement Note#2: Exclude Lots 7 and 16,Block 1 as these lots will be accessed via the public street,not the common driveway. i. Easement Note#5: Include the recorded instrument number of the Bureau of Reclamation Easement. j. Easement Note#6: Include the recorded instrument number of the existing ACHD sidewalk easements. k. Depict a permanent easement on Lot 29,Block 1 for a 20-foot wide emergency access driveway to Lot 28,Block 1 consistent with the concept plan in Section V.B,to be constructed upon redevelopment of Lot 28,Block 1. A copy of the revised plat shall be submitted for City Engineer signature. Page 11 Page 44 Item#5. 5. The landscape plan prepared by Stack Rock Group, dated 09/2/2020, included in Section V.C, shall be revised as follows: a. Extend the paving for the driveway on Lot 15,Block 1 to the southern property line. This common driveway will eventually provide access to Lot 28, Block I upon redevelopment. b. Include the width of the street buffers proposed along S. Eagle Rd. and E. Lake Hazel Rd. in the Landscape Requirements table(i.e. minimum 25' wide). c. Where pathways are proposed through common areas, depict 5-foot wide landscape strips on each side of the pathways that comply with the standards listed in UDC 11-3B-12C.A mix of trees, shrubs, lawn and/or other vegetative groundcover is required. d. Depict a 20' wide driveway along the east side of Lot 29,Block 1 stubbing to the out-parcel to the north(i.e. Lot 28,Block 1) for future emergency access with redevelopment of the out- parcel in accord with the concept plan approved with the preliminary plat. The driveway shall be constructed in the future when Lot 28,Block 1 redevelops and shall be constructed to accommodate an imposed load of 80,000 GVW as set forth in International Fire Code Section 503.2.1 and D103.6.1 and D103.6.2. 6. Construction of the common driveways on Lots 8 and 15,Block 1 shall comply with the standards listed in UDC 11-6C-3D and with the exhibit in Section V.D. 7. The existing home and accessory structures proposed to remain on Lot 28,Block 1 shall comply with the minimum dimensional standards listed in UDC Table 11-2A-5 for the R-4 zoning district; make any revisions to the lot configuration necessary for compliance. 8. Provide address signage at the entrance to the common driveways on Lots 8 and 15,Block 1 at the public street for homes accessed by the common driveways for emergency wayfinding purposes; and sign the common driveway with"No Parking—Fire Lane"signs as set forth in IFC D103.6 Signs. 9. A perpetual ingress-egress easement for the common driveways proposed within this development shall 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 said easement shall be submitted to the Planning Division prior to signature on the final plat by the City Engineer. This requirement may be satisfied through a separate recorded easement or a note on the final plat. 10. Prior to signature of the final plat by the City Engineer,the applicant shall provide a letter from the United States Postal Service stating that the applicant has received approval for the location of mailboxes. Contact the Meridian Postmaster, Sue Prescott, at 887-1620 for more information. 11. All fencing shall comply with the standards of UDC 11-3A-7C. 12. The irrigation system provided for this development shall have at least 60 psi to accommodate the property owners to the south along Lake Hazel Rd.per requirement of the Development Agreement. 13. The existing home proposed to remain on Lot 28,Block 1 shall hook up to City water and sewer services at the developers expense within 60 calendar days of such services becoming available in accord with MCC 9-1-4 and 9-4-8. At such time,the septic tank shall be abandoned and the well solely used for irrigation purposes. 14. Wrench re-settable bollards are required at each end of the emergency access driveway on Lot 11, Block 1 per requirement of the Fire Department. The driveway shall be able to accommodate an imposed load of 80,000 GVW as set forth in International Fire Code Section 503.2.1 and D 103.6.1 and D 103.6.2. Page 45 Item#5. 15. A revised copy of the recorded CC&R's shall be submitted prior to the City Engineer's signature on the final plat that allows Sky Mesa Highlands to use common area&amenities in Sky Mesa Subdivision to the north. 16. Staff s failure to cite specific ordinance provisions or conditions from the preliminary plats and/or development agreements does not relieve the Applicant of responsibility for compliance. B. Public Works Site Specific Conditions: 1. The street light plan submitted with the construction plans appear to meet city requirements based on a preliminary review. 2. Slope between SSMH-B7 and SSMH-B8 needs to be 5%or less. 3. Remove sanitary sewer mainline from the common driveway, and run service lines to parcels. Mainlines are only allowed if common driveway has 4 or more lots. 4. The water main in E. Brace Court needs to extend east and connect to Eagle Road through the center of the emergency access driveway. 5. The water valve cluster at E. Brace Street and S. Cubola Way needs to have the north valve closed upon completion of construction because this is a pressure zone boundary. A note needs to be added to the plans noting this valve closure. 6. The water valve cluster at E. Brace Street and S. Pioneer Trail Way needs to have the north valve closed upon completion of construction because this is a pressure zone boundary. A note needs to be added to the plans noting this valve closure. General Conditions: 7. Sanitary sewer service to this development is available via extension of existing mains adjacent to the development. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. 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. 8. Water service to this site is available via extension of existing mains adjacent to the development. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 9. 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. 10. Upon installation of the landscaping and prior to inspection by Planning Department staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A. 11. A letter of credit or cash surety in the amount of 110%will be required for all incomplete fencing, landscaping, amenities,pressurized irrigation,prior to signature on the final plat. 12. The City of Meridian requires that the owner post with the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the Page 13 Page 46 Item#5. City. The applicant shall be required to enter into a Development Surety Agreement with the City of Meridian. 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. 13. 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, and water infrastructure for a duration of two years. This surety amount will be verified by a line item final cost invoicing 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. 14. In the event that an applicant and/or owner cannot complete non-life, non-safety and non-health improvements,prior to City Engineer signature on the final plat and/or prior to occupancy,a surety agreement may be approved as set forth in UDC 11-5C-3C. 15. 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. 16. 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. 17. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 18. Developer shall coordinate mailbox locations with the Meridian Post Office. 19. All grading of the site shall be performed in conformance with MCC 11-1-4B. 20. 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. 21. The 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. 22. 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 accordance with the approved design plans.This certification will be required before a certificate of occupancy is issued for any structures within the project. 23. 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. 24. Street light plan requirements are listed in section 6-7 of the Improvement Standards for Street Lighting (http://www.meridiancity.org/public_works.aspx?id=272). All street lights shall be installed at developer's expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. The contractor's work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. Page 47 Item#5. 25. 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 I I" 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 signature of the final plat by the City Engineer. 26. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 27. 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 Water Department at(208)888- 5242 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. 28. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact the Central District Health Department for abandonment procedures and inspections. 29. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water(MCC 9-1-28.C.1).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 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 development plan approval. 30. 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 addressed 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. Page 15 Page 48 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Partnership Agreement Between Meridian Police Department and Washington State University Page 49 Item#6. E IDIAN:--- IDAHO C� MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Police Department Meeting Date: November 17, 2020 Presenter: Brian Caldwell Estimated Time: 10 Minutes Topic: WSU-MPD Partnership Recommended Council Action: Requesting Mayors Signature Background: [Provide context and reasoning for the recommendation] Page 50 Item#6. ' MEMORANDUM PTA o� Meridian Police Department °""° 11/612020 r To: Chief Jeff Lavey From: Lt. Brian Caldwell Subject: Washington State University and Meridian Police Department Officer Video Study The Meridian Police Department is partnering with the Washington State University Criminal Justice program and will be participating in their landmark study on how police departments can utilize body worn camera recordings to help determine how well their officers interact with the community. This research will focus on officer and citizen interactions where there is conflict and will help the Meridian Police Department make sure their officers are communicating effectively with the public. The Meridian Police Department will then be able to use this data to ensure their training classes and techniques are yielding the best results possible, a benefit for officers and citizens alike. Page 51 Item#6. WASHINGTONSTATE q- UNWERSITY DATA USE AGREEMENT ORSO # 139452-001 I. PARTIES 1.1 THIS AGREEMENT is made and entered into by and between Washington State University (WSU), an institution of higher education and an agency of the state of Washington, and Meridian Police Department (MPD), a municipal police department located in the state of Idaho. In this Agreement, the above entities are jointly referred to as PARTIES. II. PURPOSE 2.1 This agreement provides the terms and conditions for a project which is of mutual interest and benefit to WSU and MPD. 2.2 The performance of such project is consistent, compatible and beneficial to the academic role and mission of WSU as an institution of higher education. III. DEFINITIONS 3.1 "Project Director(s)" shall be David A. Makin. 3.2 "MPD Liaison" shall be Lieutenant Brian Caldwell, an MPD employee designated by MPD to be the primary contact with the Project Director. 3.3 "SCOPE OF WORK" shall mean the project, under the direction of the Project Director, described in Attachment A—Scope of Work, and any other attachments which may provide additional information on the sponsored project to be performed. 3.4 "Confidential Information" shall mean information in written, graphic, oral or other tangible form protected by trade secret or other right of non-disclosure, including without limitation algorithms, formulae, techniques, improvements, technical drawings and data, and computer software. 3.4.1 Confidential Information shall not include information which: 3.4.1.1 was in the receiving party's possession prior to receipt of the disclosed information; 3.4.1.2 is or becomes a matter of public knowledge through no fault of the receiving party; 3.4.1.3 is received from a third party without a duty of confidentiality; 3.4.1.4 is independently developed by the receiving party; 3.4.1.5 is required to be disclosed under operation of law; 3.4.1.6 is reasonably ascertained by WSU or MPD to create a risk to a trial subject or to public health and safety. Page 1 of 8 Page 52 Item#6. 3.5 "Copyright" shall mean any work developed under the Scope of Work that is subject to copyright under copyright law. 3.6 "Key Personnel"shall mean those employees and staff members of WSU selected and supervised by the Project Director that are needed to perform the Scope of Work. 3.7 "Proprietary Information" means all data, sequences, and any other information obtained or developed during the course of the Scope of Work. 3.8 "Trademark" shall mean any trade or service marks developed under the Scope of Work whether or not registered under either state or federal trademark law. 3.9 "MPD Body Camera Footage" means video and/or audio recordings created and maintained by MPD on Evidence.com and any recordings, copies, still photographs, or images created therefrom. IV. SCOPE OF WORK 4.1 MPD acknowledges that this Agreement is for the use of MPD Body Camera Footage in the performance of the SCOPE OF WORK as defined in Section 3.3 of this Agreement. WSU shall not use MPD Body Camera Footage for any purpose or in any manner not specifically set forth in this Agreement. 4.2 In order to facilitate WSU's performance of the SCOPE OF WORK, MPD shall provide approved Key Personnel with access to MPD Body Camera Footage for the limited and restricted purposes set forth in this Agreement. V. GENERAL TERMS AND CONDITIONS In consideration of the mutual premises and covenants contained herein, the PARTIES agree to the following terms and conditions. 5.1 Period of Performance. The specific period of performance for the SCOPE OF WORK shall be 1/1/2021 to 9/30/2023 unless a time extension is mutually agreed upon in accordance with Article 5.14 —Amendments. 5.2 Key Personnel and Communications. The Project Director may select and supervise Key Personnel as needed to perform the SCOPE OF WORK. No other person will be substituted for the Project Director except with MPD's written consent. Project Director and MPD Liaison shall mutually define the frequency and nature of any necessary communications. 5.3 Confidential Information. 5.3.1 To the extent allowed by law, WSU and MPD agree to use reasonable care to avoid unauthorized disclosure of MPD Body Camera Footage and Confidential Information, including, without limitation, taking measures to prevent creating a premature bar to a United States or foreign patent application. Each party will limit access to Confidential Information received from another party hereto to those persons having a need to know. Each party shall employ the same reasonable safeguards in receiving, storing, transmitting, and using MPD Body Camera Footage and Confidential Information that prudent organizations normally exercise with respect to Page 2 of 8 Page 53 Item#6. their own confidential information of significant value. Neither party is obligated to accept Confidential Information from the other. 5.3.2 Except for MPD Body Camera Footage, as set forth in section 5.3.4, Confidential Information must be designated as confidential at the time of disclosure. Written materials must be clearly marked, and oral disclosures must be identified as confidential at the time of disclosure and confirmed in writing within ten (10)days of disclosure. Confidential Information shall not be disclosed by the receiving party to a third party for a period of five (5) years from receipt of such information or until a patent is published or the Confidential Information is published by the disclosing party or unless the disclosing and receiving parties agree otherwise and in writing at the time of disclosure. Third parties shall include all governmental offices. 5.3.3 MPD Body Camera Footage, and any component, transcript, copy, or replication thereof, in any form or media, shall be considered and presumed to be Confidential Information. At any time during the term of this Agreement, or while WSU is in possession of MPD Body Camera Footage, upon the receipt by WSU of any public record or other legal request to view or obtain copies of MPD Body Camera Footage, WSU shall promptly notify MPD of such request and shall consult with MPD in determining what MPD Body Camera Footage, if any, may be disclosed under applicable law to the requestor. MPD shall provide direction and assistance to WSU in responding to such a request and shall assist in the redaction of MPD Body Camera Footage and/or the preparation of an exemption log in accordance with applicable Idaho and Washington law. 5.3.4 It is understood that as an educational institution of the state of Washington, WSU is subject to Washington State laws and regulations including the Washington Public Disclosure Act, RCW 42.56 et seq. (http://apps.leg.wa.gov/RCW/defauIt.aspx?cite=42.56). If a Public Disclosure Act request is made to view MPD's Body Camera Footage or other Confidential Information, WSU will promptly notify MPD of the request, such that MPD has the opportunity to seek a court order enjoining disclosure. WSU will work collaboratively with MPD to identify any applicable exemption(s) to disclosure and appropriately redact the information to be released. The release of MPD Body Camera Footage and/or data will be limited to only those records that must be released to comply with the request. It is a specific term of MPD's conveyance of the Body Camera Footage to WSU for the purposes set forth in this Agreement that public access to such records shall be restricted as set forth in both the Idaho Public Records Act regarding investigatory records of a law enforcement agency, including, without limitation, Idaho Code section 74- 105(1), and the Washington Public Records Act regarding investigative, law enforcement, and crime victims under RCW section 42.56.240(14). 5.4 Procedure to Protect Privacy. 5.4.1 MPD will provide to WSU a list of all MPD Body Camera Footage meeting the following criteria: incidents involving use of force, criminal code violations, and traffic stops. WSU will randomly select MPD Body Camera Footage for sharing to the Evidence.com portal used by WSU. Page 3 of 8 Page 54 Item#6. 5.4.2 Access to the MPD Body Camera Footage by the Project Director and Key Personnel will occur through the cloud storage system of Evidence.com. This video cloud system provides access to the archival MPD Body Camera Footage. The video portion of the MPD Body Camera Footage is then coded through this platform. Using this system allows WSU to stream the footage from the cloud system. WSU shall neither store nor download any MPD Body Camera Footage on the WSU system, or on any other system. While WSU has narrowed the categories of interactions for analysis, they additionally require that if coders are viewing a video that meets any of the following criteria, they will stop coding: recordings taking place within a hospital, and those recorded in a personal residence. With these narrowed categories and specific exemptions, data coded will reflect those interactions taking place in the public space. Additionally, the Project Director and Key Personnel who encounter a person they know, are required to stop coding, report the video, and WSU will assign another person to code the video. Information collected through this analysis contains no personal identifiable information. WSU has provided the codebook to the WSU Institutional Review Board (IRB)for their review. 5.4.3 Results from the coded videos are then used to inform the analysis. Protocol for this is included in the Provisional Patent and if deemed necessary WSU will provide the Provisional Patent and explanation of this process to the WSU IRB. Video of the recorded interaction will be stored only on Evidence.com and WSU will not download or store such video on any WSU or other system. No audio of the recorded interaction will be required, used, downloaded, or stored on any WSU or other system. 5.5 Publication. WSU reserves the right to publish or permit to be published by WSU employees the results of the SCOPE OF WORK undertaken by WSU employees. To prevent untimely disclosure or exploitation of MPD Confidential Information, WSU shall provide MPD Liaison with a copy of any proposed publication resulting from the SCOPE OF WORK at least thirty (30) days prior to submission for publication. MPD shall have thirty (30) days (the "Pre-publication Review Period") from receipt of the draft to review the proposed publication. If MPD objects to information included in the proposed publication, WSU will at MPD's request remove such MPD information prior to submission for publication. MPD may request that WSU's submission of the draft for publication be delayed for up to sixty(60)days beyond the end of the Pre-publication Review Period. If MPD seeks to delay publication, MPD shall make such request in writing prior to the expiration of the Pre-publication Review Period together with identification of the information or materials of concern and reasons why delay is warranted. WSU may delay publication by ninety(90) days to allow WSU or MPD, as the case may be, to seek patent protection. 5.6 Publicity. MPD shall not include the name of Washington State University, WSU, Washington State University Research Foundation, WSURF, or any of either entity's Trademarks in any advertising, sales promotion, or other publicity matter without prior written approval of the President of the WSU or his or her designee. WSU shall not include the name of Meridian Police Department, City of Meridian, or either entity's trademarks in any advertising, sales promotion, or other publicity without prior written approval of the MPD Liaison or his designee. Page 4 of 8 Page 55 Item#6. 5.7 Termination for Convenience. This Agreement may be terminated by either party hereto upon written notice delivered to the other party at least thirty (30) days prior to the intended date of termination. By such termination, neither party may nullify obligations already incurred prior to the date of termination. In the event of Termination for Convenience of this Agreement by MPD, MPD shall pay all reasonable costs and non-cancelable obligations incurred by WSU as of the date of termination. 5.8 Termination for Cause. In the event either party shall commit any material breach of or default in any terms or conditions of this Agreement, and also shall fail to remedy such default or breach within seven (7) days after receipt of written notice thereof, the non-breaching party may, at its option and in addition to any other remedies which it may have at law or in equity, terminate this Agreement by sending notice of termination in writing to the other party to that effect. Termination shall be effective as of the day of receipt of such notice. 5.9 Termination Obligations. Termination of this Agreement shall not relieve either party of any obligations incurred prior to the date of termination including the duty to protect MPD Body Camera Footage or other Confidential Information from disclosure or other use not specifically authorized by this Agreement. 5.10 Data Rights. Copyright in all material created by WSU as part of this agreement shall be the property of the WSU. Both MPD and WSU may use these materials for any internal purpose. This material includes, but is not limited to: books, computer programs, documents, films, pamphlets, reports, sound reproductions, studies, surveys, tapes, training materials, and/or tools WSU develops for automated analysis of body camera footage and/or audio recordings. Material which WSU provides and uses to perform this agreement but which is not created for or paid for by MPD shall be owned by WSU or such other party as determined by Copyright Law and/or WSU's internal policies; however, for any such materials, WSU hereby grants (or, if necessary and to the extent reasonably possible, shall obtain and grant) a perpetual, royalty free, non-exclusive license to MPD to use the material for MPD internal purposes. 5.11 Dispute Resolution. Except as otherwise provided in this Agreement, when a dispute arises between the PARTIES and it cannot be resolved by direct negotiation, any party may request a dispute resolution panel (DRP). A request for a DRP must be in writing, state the disputed issues(s), state the relative positions of the PARTIES and be sent to all PARTIES. PARTIES must provide a response within thirty (30) days unless the PARTIES mutually agree to an extension of time. Each party shall designate a representative. The representatives shall mutually select an additional member. The DRP shall evaluate the facts, Agreement terms, and applicable statutes and rules and make a determination by majority vote. All costs of convening and/or hiring the DRP shall be borne by WSU. The decision is binding on the PARTIES. Nothing in this Agreement shall be construed to limit the PARTIES' choice of a mutually acceptable dispute resolution method in addition to the dispute resolution procedure outlined above. 5.12 Disclaimer. WSU MAKES NO EXPRESS OR IMPLIED WARRANTY AS TO THE CONDITIONS OF THE SCOPE OF WORK, SPONSORED PROJECT OR ANY INTELLECTUAL PROPERTY, GENERATED INFORMATION, OR PRODUCT Page 5 of 8 Page 56 Item#6. MADE OR DEVELOPED UNDER THIS AGREEMENT, OR THE OWNERSHIP, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OF THE SPONSORED PROJECT, SCOPE OF WORK, OR RESULTING PRODUCT. 5.13 Indemnity. Each party to this Agreement shall be responsible for its own acts and/or omissions and those of its officers, employees and agents. 5.14 Amendments. This Agreement may be amended by mutual agreement of the PARTIES. Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the PARTIES. 5.15 Assignment. The work to be provided under this Agreement, and any claim arising hereunder, is not assignable or delegable by either party in whole or in part, without the express prior written consent of the other party, which consent shall not be unreasonably withheld. 5.16 Notices. Any notice or communication required or permitted under this Agreement shall be delivered by overnight courier, or by registered or certified mail, postage prepaid and addressed to the party to receive such notice at the address given below or such other address as may hereafter be designated by notice in writing. Notice given hereunder shall be effective as of the date of receipt of such notice: WSU: Name/Title: Dan Nordquist Phone: (509) 335-9661 Address: Lighty 280 / PO Box 641060 E-mail: orso@wsu.edu City/State/Zip: Pullman, WA 99164-1060 MPD: Name/Title: Lt. Brian Caldwell Phone: (208) 846-7339 Address: 1401 E. Watertower Ave Fax: (208) 846-7366 E-mail: bcaldwell@meridiancity.org City/State/Zip: Meridian ID 83642 5.17 Governing Law. This Agreement shall be governed by the laws of the state of Washington. 5.18 Compliance with Laws. MPD understands that WSU and MPD are subject to United States laws and federal regulations, including the export of technical data, computer software, laboratory prototypes and other commodities (including the Arms Export Control Act, as amended, and the Export Administration Act of 1979), and that MPD's and WSU's obligations hereunder are contingent upon compliance with applicable United States laws and regulations, including those for export control. 5.19 Severability. If any provision of this Agreement or any provision of any document incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid provision, if such remainder conforms to the requirements of applicable law and the fundamental purpose of this Agreement, and to this end the provisions of this Agreement are declared to be severable. Page 6 of 8 Page 57 Item#6. 5.20 Order of Precedence. In the event of an inconsistency in this Agreement, the inconsistency shall be resolved by giving precedence in the following order: 1. Applicable statutes and regulations; 2. Terms and Conditions contained in the basic Agreement; 3. Attachment A—Scope of Work; This Agreement contains all the terms and conditions agreed upon by the PARTIES. No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the PARTIES hereto. IN WITNESS WHEREOF, the PARTIES hereto have caused this Agreement to be executed as of the date set forth herein by their duly authorized representatives. WASHINGTON STATE UNIVERSITY CITY OF MERIDIAN Digitally signed by Dan Nordquist Date:2020.10.23 12:07:34 AVP/DVP,Authorized Official - 7 Na me: Name: Robert E. Simison Title: Title: Mayor Date: Date: 11-24-2020 Attest: Chris Johnson, City Clerk Page 7 of 8 Page 58 Item#6. ATTACHMENT A— SCOPE OF WORK ORSO # 139452-001 This research concerns the development of baseline measures for Use of Force and emotionally intense interactions. WSU will code police interactions as they occur within the community. This coding of police interactions concerns two primary areas: Use of Force and Procedural Justice. By coding this video, WSU can contextualize what situational and dynamic factors were associated with use of force and procedural justice. As they gain better insight into the factors associated with use of force and procedural justice, they are better able to inform policy and practice to improve police-citizen interactions. Additionally, this research will involve the development of a tool for automated analysis and classification of body camera footage as to intensity. When fully developed, this classifier will allow agencies to be able to analyze their recorded footage to identify those interactions that display high intensity. Application of such classifier include early identification of high-intensity interactions in order to monitor officer response and needs. For example, an officer who underwent a traumatic incident may subsequently change their interactions with people in the field. Currently, the primary way an agency would know of this change is through a complaint or self-reports by the officer. This delay getting assistance to the officer and increases the risk to the public. With WSU's research, an agency would be able to notice this early and intervene to address the issue — by providing support. The potential benefits of this research will allow for the development of early warning systems, verification of police adherence to agency protocol, and allow us to better understand the situational and dynamic factors associated with procedural justice and use of force. In conducting this research and development, WSU will neither download MPD Body Camera Footage, nor retain video or audio data from such footage. No MPD Body Camera Footage will be included in any patent applications related to this research or any related products/tools developed by WSU. Page 8 of 8 Page 59 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Resolution No. 20-2244: Authorizing the Mayor to Sign Agreements Between the City of Meridian and Enumerated Recipients of Idaho Rebounds—Municipal Small Business Grant Funds Page 60 Item#7. C� fIEN , IN4, IDAHG-. MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Tori Cleary, Community Development Meeting Date: November 24, 2020 Presenter: Tori Cleary Estimated Time: 0.0 Topic: Resolution No. 20-2244: Authorizing the Mayor to Sign Agreements Between the City of Meridian and Enumerated Recipients of Idaho Rebounds - Municipal Small Business Grant Funds Recommended Council Action: Please authorize the Mayor to sign, on behalf of the City, grantee agreements with 25 approved recipients of Coronavirus Aid, Relief, and Economic Security Act(CARES) Act funds available through the Meridian Small Business Grant Program, in order to facilitate the timely disbursement of such funds. Background: The State of Idaho has received federal financial assistance from the Coronavirus Relief Fund, though the Coronavirus Aid, Relief, and Economic Security (CARES) Act. A portion of these funds were made available to cities, including the City of Meridian, for disbursement to local small businesses. In September,the City Council approved the designation of$1 million from the City's CARES Act allocation to establish a Municipal Small Business Grant (MSBG) Program, and on September 11, 2020, the State approved Meridian's MSBG program. Through this program, the City will disburse MSBG funds to Meridian small businesses for the reimbursement of eligible expenses incurred due to the COVID-19 pandemic. Several Meridian businesses, including the twenty-five (25) listed in this resolution, submitted applications to the City for MSBG funds. Applications were reviewed by Community Development Department/Economic Development Division staff to verify qualifying businesses/organizations, ensure eligibility of requested reimbursements, and secure accompanying documentation. Applications were then forwarded to a review committee, comprised of a member of the Meridian Chamber of Commerce Economic Development Committee, and representatives of the Finance Department, and the Mayor's Office. The eligible expenses were forwarded to the State, and the State agreed that these 25 grantees and the City-approved expenses are eligible for MSBG funds. The last step is for the State to release these funds to the City,which will then disburse the funds to the approved grantees. As with all grant disbursements,the City will require the selected grantees to enter into an Agreement with the City establishing terms and conditions of the use of such funds. The City will ask each grantee to enter into the sample agreement that is attached to the resolution. Page 61 Item#7. In order to facilitate the timely disbursement of MSBG funds to the grantees,the City Council will, by this resolution, authorize the Mayor to sign these 25 agreements on behalf of the City, following execution of the agreement by the grantee. Under the terms of the agreement, the City's obligation to disburse funds will attach only upon receipt of the MSBG funding from the State. Page 62 Item#7. CITY OF MERIDIAN RESOLUTION NO. 20-2244 BY THE CITY COUNCIL: BERNT, BORTON, CAVENER, HOAGLUN, PERREAULT, STRADER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AGREEMENTS BETWEEN THE CITY OF MERIDIAN AND ENUMERATED RECIPIENTS OF IDAHO REBOUNDS —MUNICIPAL SMALL BUSINESS GRANT FUNDS;AND PROVIDING AN EFFECTIVE DATE. WHEREAS,having received federal financial assistance from the Coronavirus Relief Fund, designated within Title V, section 5001 of the Coronavirus Aid, Relief, and Economic Security Act, P.L. 116-136, 42 U.S.C. § 601 et seq. (the "CARES Act"),the State of Idaho created the Idaho Rebounds—Municipal Small Business Grant("MSBG")program to help local businesses and organizations affected by COVID-19 pandemic; and WHEREAS,pursuant to the State's approval of Meridian's MSBG program on September 11, 2020, City seeks to disburse MSBG funds to Meridian small businesses for the reimbursement of expenses incurred due to the COVID-19 pandemic; and WHEREAS,Meridian businesses, including those enumerated in Exhibit A hereto, have submitted to City applications for MSBG funds, and WHEREAS, a committee comprised of a member of the Meridian Chamber of Commerce Economic Development Committee, and representatives of the Finance Department, the Community Development/Economic Development Division, and the Mayor's Office, have reviewed these applications and found certain expenses enumerated therein to be eligible for MSBG funds; and WHEREAS,the State of Idaho has reviewed and approved such expenses for funding through the MSBG program, and the City is awaiting release of such funds to City for disbursement to the approved grantees; and WHEREAS, in order to facilitate the timely disbursement of such funds, the City Council of the City of Meridian finds it in the public interest for the City to negotiate and enter into written agreements with such approved grantees for the investment of MSBG funds for the purposes described therein, as such agreement is set forth in Exhibit B hereto; and WHEREAS,the City Council therefore seeks to authorize the Mayor to sign, on behalf of the City of Meridian, cooperative agreements with the approved grantees upon each approved grantee's agreement to, and authorized signature upon, the agreement attached hereto as Exhibit B, which agreements shall be effective only unless and until the State releases the MSGB funds to the City for such purpose; RESOLUTION AUTHORIZING MAYOR'S SIGNATURE ON MSBG GRANTEE AGREEMENTS PAGI{ 1 Page 63 Item#7. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That the Mayor is hereby authorized to enter into and sign on behalf of the City of Meridian, the agreement attached hereto as Exhibit B,with each of the grantees enumerated in Exhibit A hereto, respectively, upon each approved grantee's agreement to, and authorized signature upon, such agreement. Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho, this 24th day of November, 2020. APPROVED by the Mayor of the City of Meridian, Idaho, his 24th day of November, 2020. APPROVED: Robert E. Simison, Mayor ATTEST: Chris Johnson, City Clerk RESOLUTION AUTHORIZING MAYOR'S SIGNATURE ON MSBG GRANTEE AGREEMENTS PAGI:2 Page 64 Item#7. EXHIBIT A: APPROVED MSBG EXPENSES Amount Case Name Approved PPE Testing Invent. Equip. Rent Utilities Other "Other"Description Backcountry Brews dba The Growler Guys $10,000.00 X X X Specialized to-go packaging Breakaway Cafe and Spirits $10,000.00 X X Children's Museum of Idaho,Inc., $10,000.00 X Cope Collision Center $6,646.27 X X Dance Arts Academy $10,000.00 X Hammer&Stain Treasure Valley $6,853.08 X X Heritage Hop Haus $8,292.63 X X IBL Events $4,192.75 X X Insulstone, Inc. $8,425.00 X JAC Entertainment, LLC dba Rocky Mountain Roll $10,000.00 X Kone Zone Inc $9,908.39 X X Louie's $9,971.31 X M S Administrative Services, Inc. $10,000.00 X X X McTime Inc $10,000.00 X MFM Group LLC dba Sizzler Restaurant $10,000.00 X Paramount Childcare& Early Learning Center $10,000.00 X Phoenix Fire Games $10,000.00 X Potters Tea House $7,375.32 X Precious Hands Academy#2 $10,000.00 X Primetime Child and Family Education Center, Inc $9,251.36 X X X RCubed Inc.dba EnVie Fitness $10,000.00 X Silverstone Properties LLC $10,000,00 X The Construction Zone bar and grill $2,053.64 The Goddard School $5,980.19 X X Additional/specialized cleaning supplies Treasure Valley Foot and Ankle $10,000.00 X RESOLUTION AUTHORIZING MAYOR'S SIGNATURE ON MSBG GRANTEE AGREEMENTS PAGE 3 Page 65 Item#7. Exhibit B: SAMPLE GRANTEE AGREEMENT AGREEMENT BETWEEN CITY OF MERIDIAN AND GRANTEE NAME FOR IDAHO REBOUNDS—MUNICIPAL SMALL BUSINESS GRANT FUNDS This Agreement is entered into this day of , 2020 by and between the City of Meridian, a municipal corporation organized under the laws of the state of Idaho ("City") and GRANTEE NAME, a TYPE OF ORG PER SECRETARY OF STATE organized under the laws of the state of Idaho ("Grantee"). WHEREAS,having received federal financial assistance, as such term is defined in 2 CFR § 200.40, from the Coronavirus Relief Fund, designated within Title V, section 5001 of the Coronavirus Aid, Relief, and Economic Security Act, P.L. 116-136, 42 U.S.C. § 601 et seq. (the "CARES Act"), the State of Idaho ("State") created the Idaho Rebounds—Municipal Small Business Grant("MSBG") program to help local businesses and organizations affected by COVID-19 pandemic, enabling cities and counties to provide aid within their community, including by the provision of economic support to those suffering from employment or business interruptions due to COVID-19-related business closures or limitations; and WHEREAS,pursuant to the State's approval of Meridian's MSBG program on September 11, 2020, City seeks to disburse MSBG funds to Meridian small businesses for the reimbursement of expenses incurred due to the COVID-19 pandemic, as set forth in Title V, section 5001 of the CARES Act; Idaho Governor's Executive Order Nos. 2020-07, 2020-08, and 2020-08A; U.S. Treasury's Coronavirus Relief Fund Guidance for State, Territorial, Local, and Tribal Governments (Dated June 30, 2020); Idaho Rebounds—Municipal Small Business Grant Program Description and Guidance; and the City's MSBG program guidelines (collectively, "MSBG Rules"); and WHEREAS, Grantee submitted to City a complete application for MSBG funds, including all related materials; and City and Grantee wish to enter into a cooperative agreement for the investment of MSBG funds for the purposes described therein; and WHEREAS, it is acknowledged by the Parties that although the State has approved the Meridian MSBG program and has generally committed the funds as set forth in this Agreement for such purpose, availability of these funds to City, and thus to Grantee, is subject to the State's approval of Grantee's application and release of such funds to City, and that City's obligation to provide funding to Grantee under this Agreement is provisional,pending the approval and release of such funds to City; NOW, THEREFORE, in consideration of the mutual covenants of the parties, the Parties agree as follows: L STATEMENT OF WORK A. Activities. Grantee shall use City's MSBG funds in an amount not to exceed AMOUNT ($AMOUNT), for the approved expenses, as set forth in Exhibit A. Grantee shall utilize MSBG funds granted hereunder in a manner consistent with this Agreement, the MSBG Rules. B. Current eligibility. Grantee certifies that Grantee is eligible to receive MSBG funds, and that Grantee meets each of the following criteria: RESOLUTION AUTHORIZING MAYOR'S SIGNATURE ON MSBG GRANTEE AGREEMENTS PAGI?4 page 66 Item#7. Exhibit B: SAMPLE GRANTEE AGREEMENT 1. Grantee has 500 or fewer employees. 2. Grantee is a business operating in the City of Meridian, Idaho city limits. 3. Grantee has an official EIN. 4. Grantee is an Idaho-domiciled business. 5. Grantee incurred and paid the expenses for which the MSBG funds are awarded. 6. Grantee has incurred expense caused by COVID-19 related incidents, decisions, or qualified business interruption (e.g., local closure orders, need for personal protective equipment, social distancing requirements, increased costs, disrupted supply network, etc.). 7. The expenses for which the MSBG funds are awarded were incurred between June 20, 2020 and December 30, 2020. 8. Grantee has not received funds for the expenses for which the MSBG funds are awarded from other COVID-19 grant programs. 9. Grantee does not exist for the purpose of advancing partisan political activities or the business does not directly lobby federal or state officials, defined as having had a registered lobbyist at any point during 2020. 10. Grantee is compliant in all respects with all COVID-19 related orders, laws, ordinances, and regulations. C. Ongoing eligibility; duplication of benefits. Grantee shall notify City immediately if, for any reason, Grantee no longer qualifies for MSBG funds due to a change in compliance with one or more of the enumerated eligibility criteria. If Grantee receives or applies for other funding sources for the expenses described in this Agreement, Grantee shall immediately notify the City's Economic Development Administrator. D. Reimbursement Procedures. City shall provide to Grantee the MSBG funds awarded for the approved expenses, as set forth in Exhibit A, up to ten thousand dollars ($10,000.00), within thirty (30) days of receipt of the specified funds by City. E. Disclosure and retention of records. Grantee acknowledges and understands that records submitted for the purposes of applying for MSBG funds; compliance with the terms of this Agreement or law; and/or audit by City, State, or federal agency shall be public records subject to disclosure by City and/or State pursuant to such agencies' respective obligations to comply with the Idaho Public Records Act("IPRA"), and may be posted online by the State of Idaho. Insofar as such records are exempt from disclosure under IPRA or other provision of law, City shall make reasonable efforts to avoid and/or prevent their disclosure. Grantee shall retain all records pertinent to the expenditures incurred under this Agreement for a period of five (5) years after completion of all activities funded under this Agreement. The name of the business and the amount of grant funds received will be identified on the transparent.idaho.gov website and on the City of Meridian's Economic Development webpage, and may be disclosed upon request in accordance with the Idaho Public Records Act. II. GENERAL CONDITIONS A. Contingent on funding. It is acknowledged by the Parties that although the State has approved the Meridian MSBG program and the State has generally committed the funds as set forth in this Agreement for such purpose, availability of MSBG funds to City, and thus to Grantee, is subject to the State's approval of Grantee's application and release of such funds to City. Unless and until the State approves Grantee's application and releases the funds to City, City shall have no RESOLUTION AUTHORIZING MAYOR'S SIGNATURE ON MSBG GRANTEE AGREEMENTS PAGE.5 page 67 Item#7. Exhibit B: SAMPLE GRANTEE AGREEMENT contractual, legal, or equitable obligation to Grantee, whether under this Agreement or by any other legal or equitable claim. In the event that MSBG funds for the purposes set forth in this Agreement are not made available to City, this Agreement shall be void, and City shall have no obligation to Grantee, whether under this Agreement or under any legal or equitable claim. B. Notices. All notices required to be given by either of the parties hereto shall be in writing and be deemed communicated when personally served, or mailed in the United States mail, addressed as follows: If to City: If to Grantee: City of Meridian ORGANIZATION Attn: Economic Development Administrator ATTN: NAME, TITLE 33 E. Broadway Avenue ADDRESS Meridian, Idaho 83642 ADDRESS Either party may change its authorized representative and/or address for the purpose of this paragraph by giving written notice of such change to the other party in the manner herein provided. C. Indemnity. Grantee, and each and all of its employees, agents, contractors, officials, officers, servants, guests, and/or invitees shall hold harmless, defend and indemnify City from and for all losses, claims, actions, liabilities, and/or judgments for: damages or injury to persons or property and/or losses and expenses caused or incurred by Grantee and/or its employees, agents, contractors, officials, officers, servants, guests, and/or invitees; and other costs, including litigation costs and attorneys' fees, arising out of, resulting from, or in connection with the performance of this Agreement and not caused by or arising out of the tortious conduct of City or any employee, contractor, or agent thereof. Grantee acknowledges that participation in this program carries risks, some of which may be unknown, and does agree to assume all such known or unknown risks. D. Uniform compliance requirements. Grantee shall comply with applicable uniform administrative requirements, cost principles, and audit requirements for federal awards, as described in 2 CFR §§ 200 et. seq. E. Nondiscrimination. Grantee will not discriminate against any employee or applicant for employment or services because of race, color, creed, religion, ancestry, national origin, sex, disability or other handicap, age, marital status or status with regard to public assistance. F. Termination. Either Party may terminate this Agreement for cause by providing written notice to the other of the basis of termination. The defaulting Party shall have five (5) days to cure the deficiency or non-compliance. If the deficiency or non-compliance is not cured within this time period, the other Party shall terminate this Agreement for cause. In addition to termination of this Agreement and/or any other remedies as provided by law, City may declare Grantee ineligible for any further participation in City grant programming. 1. Termination for convenience. City may terminate this Agreement by, at least thirty(30) days before the effective date of such termination, giving written notice to Grantee of such termination and specifying the effective date thereof. 2. Termination for cause. Termination of this Agreement, in whole or in part, may occur for cause, which shall include, but shall not be limited to, the following: a. Failure to comply with any provision of this Agreement, the MSBG Rules, or any rule, regulation, statute, executive order, or U.S. Treasury, State, or City guideline, policy or RESOLUTION AUTHORIZING MAYOR'S SIGNATURE ON MSBG GRANTEE AGREEMENTS PAGE 6 page 68 Item#7. Exhibit B: SAMPLE GRANTEE AGREEMENT directive as may become applicable at any time; b. Failure to fulfill in a timely and proper manner its obligations under this Agreement; c. Improper use of funds provided under this Agreement; or d. Submission of receipts, reports, or documents that are incorrect or incomplete in any material respect. 3. Void if funds not available. In the event that MSBG funds for the purposes set forth in this Agreement are not made available to City, this Agreement shall be void, and City shall have no obligation to Grantee, whether under this Agreement or under any legal or equitable claim. G. Repayment. In the event of termination for cause attributable to Grantee's acts or omissions, Grantee shall, within fourteen(14) days of City's demand, reimburse City for all MSBG funds disbursed. H. Assignment. Grantee shall not assign or transfer any interest in this agreement without prior written consent of City. I. Non-waiver. Failure of either party to promptly enforce the strict performance of any term of this Agreement shall not constitute a waiver or relinquishment of any party's right to thereafter enforce such term, and any right or remedy hereunder may be asserted at any time, notwithstanding delay in enforcement. J. Compliance with law. Throughout the course of this Agreement, Grantee shall comply with any and all applicable federal, state, and local laws. K. Exhibits. All exhibits to this Agreement are incorporated by reference and made a part of hereof as if the exhibits were set forth in their entirety herein. L. Entire Agreement. This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral or written,whether previous to the execution hereof or contemporaneous herewith. The parties hereto may amend this Agreement at any time provided that such amendments are executed in writing, approved by City's governing body, and signed by a duly authorized representative of each party. IN WITNESS WHEREOF, the parties shall cause this Agreement to be executed by their duly authorized officers to be effective as of the day and year first above written. GRANTEE: ORGANIZATION NAME NAME, TITLE CITY: City of Meridian Attest: By: Robert E. Simison, Mayor Chris Johnson, City Clerk EXHIBIT A:APPROVED EXPENSES RESOLUTION AUTHORIZING MAYOR'S SIGNATURE ON MSBG GRANTEE AGREEMENTS PAGE 7 page 69 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Finance Department: Quarterly Financial Update - November 2020 Page 70 November 2020 Finance Quarterly Update November 24, 2020 NONE VAN_% NONE 777 ww �%V[E WWW. MERIDIANCITY. ORG # M Y M E R I D I A N fDAMO Cit of Meridian y A ends ;� Property Tax Calculation 101 Property Tax Levy Rate History ids Property Tax Burden Property Tax Comparison Property Tax Levy Rate Comparison .' Next Quarterly Update : Questions WWW. MERIDIANCUPON ITY. ORG # MYpillilill MERIDIAN fDAMO Cit of Meridian Y o ert Tax Ca Icu lation 101 p Y State of • . • • State of Idaho Code 63-802 "Limitation on Budget Code - . Requests — Limitation on Tax Charges — Exceptions" Chapter = • Cities may increase the property tax funded portion of • their budgets by up to 3°° over the highest of the Apportionment • previous three years, plus new construction and annexations. State of • . • ChapterCode — Title 63 • State of Idaho Code 63-301A "New Construction Roll" "Assessment • The County assessor shall prepare a New Construction of lop for Cities by the First Monday in June. Real • Personal Property"IDIAN WWW. MERIDIANCITY. ORG # MYMERIDIAN Item#8. City of Meridian Property Tax Calculation 101 B ,, � (, P i o p (, r Ly T ,i x (, � Determined by the highest approved/certified amount of taxes levied in the past three years PROPERTY TAX CALCULATION Allowohlc I11 ( i i , c Base Property Taxes Cities may increase the property tax funded by up to 3% 3 ",, Allowable Increase N � w ConSLruclion Incrc � 5c New Construction Increase Ada County provides the City with the Value of New Construction within the taxing Annexation Increase districts. Total Requested Property Taxes to be Levied Ada County provides the City with the Value of New Annexations within the taxing districts. Page 74 Cit of Meridian Y ro ert Tax Calculation p Y How the County calculates - annual Total Total City Total Requested 4p of Meridian Certified Property Property Annual lip Taxes Tax Value Levy Rate rE IDIAN WWW. MERIDIANCITY. ORG # MYMERIDIAN Item#8. City of Meridian " roperty Tax Calculation ➢ How the County calculates the City of Meridian's annual Levy Rate Total Total City of Total Requested Meridian Certified Property Property Annual Taxes Tax Value Levy Rate • Page 76 Item#8. City of Meridian Property Tax Calculation 101 Levy Rate per the State - Certified 0.005000000 0.004500000 0.004000000 0.003500000 0.003000000 0.002500000 0.002000000 `0.003109519 0.001500000 0.002230856 0.001000000 0.000500000 0.000000000 01 Q� yo ti� �`L y'y lR tih ti� "1 Nlb ti� LO y1 • Page 77 Item#8. City of Meridian Property Tax Levy Rate History Taxable CoM Property Value - Per Ada County N $16 o $14 $13.348b cc $12 $10 $8 $6 $4 $2 Page 78 Item#8. City of Meridian Property Tax Levy Rate History New Construction Roll Value - Per Ada County $1,000 z 0 $900 J J $800 $700 $600 $500 $400 $300 $200 $100 • Page 79 Item#8. City of Meridian Property Tax Levy Rate History New Annexation Value - Per Ada County $120 z O J $100 $80 $60 $40 $20 �,ti0 yti0 ,.ti0 -LSO yy0 y.LO ,.ti0 ,,ti0 iti0 1,ti0 iti0 ,.�0 yy0 ,,ti0 i�O ,.y0 ,.y0 ,.ti0 k k k k k k k k k k k k k k k Q k k • Page 80 Item#8. City of Meridian Property Tax Rate Base Property Taxes - Per Ada County L2 $35 z O J $30 $25 $20 $15 $10 $5 o� 005 00� oo� oo� oo� otio otiti otiti oti� oti� oti� otie oti� oy� oti� otio o�ti • Page 81 Item#8. City of Meridian Property Tax Rate Allowable Increase - Property Taxes $1,000,000 $900,000 $800,000 $700,000 $600,000 - $500,000 $400,000 $300,000 $200,000 $100,000 Off` O� 00 O'1 O� O�' ,yO ti'y .y`L 1'� 1D` tih tiO ti� ti$ tiO 'LO �'v Page 82 Item#8. City of Meridian Property Tax Levy Rate History 3% Allowable Tax Decisions versus Levy Rate 0.005000000 3.5% 0.004500000 3.0%3.0%3.0% 3.0%3.0%3.0%3.0% 3.0%3.0%3.0% 3.0%3.0% - - - - 3.0% 0.004000000 0.003500000 - - - 2.5% 0.003000000 2.0% 2.0% 0.002500000 1.5% 0,002000000 - 1.5% 0.001500000 - 1.0% 0.001000000 0.5% 0.000500000 0.0%0.0% 0.0% 0,000000000 0.0% O� Oy Off' O'1 04' Oo' ,y0 ti'y 'y`1' ,y'S 1� 1h tiO tit ti� tiO 'LO .�'4 �,ti0 J•LO -1�O -1,tiO -�0O J,1O �1O -\�O ,.10 -\1O �•10 -�•40 J�O y�O y,LO -��O ytiO yyO :Allowable%Increase Taken by the City Levy Rate per Ada County-Certified • Page 83 Item#8. City of Meridian Property Tax Levy Rate History New Construction Increase - Property Taxes $3,000,000 $2,500,000 $2,000,000 $1,500,000 $1,000,000 $500,000 �.ti0 J•10 -�•LO yy0 -l�O �.y0 �`tO �ti0 -�•LO �`�O -�0O �.y0 -l`�O �.y0 J,�O ��O J•ti0 -1�O • Page 84 Item#8. City of Meridian Property Tax Levy Rate History Annexation Increase - Property Taxes $350,000 $300,000 $250,000 $200,000 $150,000 $100,000 - - $50,000 -{ti0 ,,ti0 y,10 -1•L0 yy0 ,.LO �•LO �.y0 -{ti0 y,1O �.y0 �.y0 -1,ti0 yL0 �.ti0 -��° �•ti0 y�o • Page 85 Item#8. City of Meridian Property Tax Rate Property Tax Sources N $40 $29.779m z � $35 J J $30 $25 $20 $15 $10 $5 �.LO ytiO y.LO �.tiO ��O �.tiO �.LO ,,tiO ytiO �,vO ytiO ,,LO ,.10 ,�O ,.LO y.LO ,.tiO ,,LO ■ Base Property Taxes- Per Ada County L2 ■Allowable Increase E New Construction Increase ■Annexation Increase • Page 86 Item#8. City of Meridian Property Tax Burden TOTAL PROPERTY TAXES COLLECTED BY BURDEN $40 $35 $30 $25 $20 -- -- --- -- z o$15 J J 2$10 $5INN — $- O�ik O�4j O�� O�1 Opp O�°r OHO Otiti OtiOv Otis O,yA O•tih oy<o O.y'1 O,y� O,y°1 O,�O ■Commercial ■ Farm Manufactured Homes 0 Operating Property -.Other ■Personal Property ■Residental • Page 87 Item#8. City of Meridian Property Tax Burden TOTAL PROPERTY TAXES COLLECTED BY BURDEN % 100% 90% 7 800/o 9/ 59.2% 57.2% 56.8% 57. 70% 64.3% &6.6% 67. ° % 68 60% — - 50 40% — 30% 20% — ° 35.8% 10% 26.5% Z5.3 28.2% 4% Z 25.8% 28.3% .2 . � � I 0% CP o`� o� o� o� oa �° titi titi �'' tia yh yco ti� ti� tic� yo k k k k k k k k k k k k k k k k k ■Commercial ■ Farm ® Manufactured Homes ■Operating Property ■Other ■ Personal Property ■ Residental • Page 88 Item#8. City of Meridian Property Tax Levy Rate Comparison General Fund Tax Levy Comparison (as of May 2020) 0.008000000 0.007000000 0.006000000 0.005000000 - o.oa4000000 —— 0.003000000 0.002000000 -- 0.001000000 — °y` as Lana 0 ��\� aar° Q°`a OJ Page 89 Item#8. City of Meridian Property Tax Levy Rate Comparison Total City Tax Levy Comparison (as of May 2020) 0.012000000 0.010000000 0.008000000 0.006000000 0.004000000 0.002000000 ■ 5�0-11 °��¢ a��a `�a\,h a�9 ka\s ��` 1, a�0\° OJ • Page 90 Item#8. City of Meridian Property Tax Levy Rate Comparison District Funds Meridian Boise Caldwell Eagle arden City Idaho Falls Kuna Lewiston Moscow Mountain Hom- Nampa Post Falls Rexburg Pocatello Twin Falls Airport 0.000061147 _ 0.000077839 0.000018214 0.000328911 0.000123726 Bond 0.000042899 _ 0.000703582 0.000389762 0.000072935 Capital Improvement 0.000169642 _ 0.000283624 0.0000_65724 0.000321394 0.000239301 Cemetery 0.000050947 0.000059219 0.000200061 0.000031939 0.000062397 Fireman's Retirement General Fund 0.003083910 0.005698506 0.005650982 0.000468276 0.003028427 0.006679993 0.002367198 0.007540950 0.004502150 0.007487759 0.005560608 0.004198868 0.004152294 0.007174564 0.005889641 Judgement Library 0.000308053 0.000292227 0.000558925 0.000591289 0.000776301 0.000362548 0.000610844 0.000563653 Override U/R 0.000149280 Police Retirement 0.000455355 Recreation 0.000271912 0.000172059 0.000495203 0.000321089 0.000484574 Streets 0.000882090 1 0.000928850 I 0.001138388 0.000920944 0.000347074 0.000802845 10.000256964 Tort 0.000172283 0.000061598 0.000164033 0.000060780 Total Property Tax Levy 0.003083910 0.005698506 0.007394773 0.000760503 0.003071326 0.008795734 0.002367198 0.009850925 0.005205732 0.010107387 0.007031234 0.004260466 0.004152294 0.010022497 0.007134065 Page 91 Item#8. City of Meridian Property Tax Levy Rate Comparison Taxes Paid Comparison (Based on house value = $200k ) (as of May 2020) $1,200.00 $1,000.00 $800.00 $600.00 $400.00 $200.00 04 5w �e\° fie+ Q°5� °5 0 �a ��\� �a�a \aaoo tee,' Q0 0 • Page 92 Item#8. City of Meridian Property Tax Levy Rate Comparison Taxing Agency % of total levy SCHOOLS (BONDS & EMERGENCY) 0.002377895 28.53% CITY LEVY 0.002230856 26.76% COUNTY 0.002149935 25.79% COUNTY HIGHWAY or HIGHWAY DIST. 0.00070153 8.42% LIBRARY & BONDS 0.000524991 6.30% COLLEGE OF WESTERN IDAHO 0.000124293 49/ EMERGENCY MEDICAL / AMBULANCE 0.000118422 1.42% CEMETERY 0.00004834=r 0.58 RECREATION 0.000037736 0.45% MOSQUITO ABATEMENT 0.000021106 0.25 0.008335116 • Page 93 Item#8. City of Meridian Property Tax Comparison PROPERTY VALUES - 2020 $500,000 $450,000 $400,000 $353,717 $350,000 $300,000 $250,000 $200,000 $150,000 $100,000 $50,000 $0 South West Meridian Old Town Central Golf Course North Average Meridian Home Meridian Meridian Meridian Meridian Home Home Home Home Home • Page 94 Item#8. City of Meridian Property Tax Comparison CoM Home Comparison - City Property Taxes (Annual) $900.00 $700.00 $566.01 $600.00 $500.00 $400.00 $300,00 $200.00 $100.00 $0.00 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 ■Average • Page 95 Item#8. City of Meridian Property Tax Comparison CoM Home Comparison - Total Property Taxes (Annual) $3,000.00 $2,114.76 $2,500.00 $2,000.00 $1,500.00 $1,000.00 $500.00 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 ■Average • Page 96 Item#8. City of Meridian Property Tax Comparison Commercial Property Values - 2020 $20,000,000 $18,697,900 $18,000,000 $16,000,000 $14,000,000 $12,795,600 512,000,000 $10,665,400 $10,000,000 $9,778,500 $8,319,500 $7,820,744 $8,000,000 $5,901,600 $6,000,000 $4,000,000 $2,068,000 $2,000,000 $1,199,100 $9b1,100 Box store Donut retail Home Bank (Key Bank) Box store(Fred Grocery store Credit Union Office space Furniture retail Average (Walmart) (Krispie Kreme) Improvement Meyer) (Albertson's) (ICCU) (Silverpoint) (RC Willey) store (Home Depot) • Page 97 Item#8. City of Meridian Property Tax Comparison CoM Commercial Comparison - City Property Taxes (Annual) $30,000.00 $17,446.95 $25,000.00 $20,000.00 $15,000.00 $10,000.00 $5,000.00 Saw 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 ■Average • Page 98 Item#8. City of Meridian Property Tax Comparison CoM Commercial Comparison - Total Property Taxes (Annual) $90,000.00 $61,030,25 $80,000.00 $70,000.00 $60,000.00 $50,000.00 $40,000.00 $30,000.00 $20,000.00 $10,000.00 $0.00 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 ■Average • Page 99 Cit of Meridian y Property Tax Levy Rate Co m pa ri so n Intergovernmental 15% Development General Fund Services Impact Fees Other General Fund Franchise Property Tax Revenue Fees �p �• 60% 3% 2% �%V[E WWW. MERIDIANCITY . QRG # MYMERIDIAN fDAM0 Item#8. City of Meridian Reca p • Property Tax Calculation 101 • Property Tax Levy Rate History • Property Tax Comparison What we • Property Tax Burden Presented • Property Tax Levy Rate Comparison • Page 101 Cit of Meridian Y Next Quarter) U date Y p Actual versus Budget �� • FY2020 Results Changes to Fund Balance ;„. Top 5 Revenue Sources r�..�: Top 5 Expense Sources �%V[E WWW. MERIDIANCITY. ORG # MYMERIDIAN fDAMO Cit of Meridian y Questions r .mot fiNi � • / 1 PARTME �%V[E WWW. MERIDIANCITY. ORG # MYMERIDIAN fDAMO