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2020-12-08 Work Session
WE IDIAN CITY COUNCIL WORK SESSION City Council Chambers, 33 East Broadway Avenue Meridian, Idaho Tuesday, December 08, 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/88988735749 To call in: 1-669-900-6833 Webinar ID: 889 8873 5749 ROLL CALL ATTENDANCE PRESENT Councilwoman Jessica Perreault Councilman Joe Borton Councilman Brad Hoaglun Councilman Treg Bernt Councilwoman Liz Strader Councilman Luke Cavener ABSENT Mayor Robert E. Simison ADOPTION OF AGENDA Adopted as Amended (Item 15 vacated) Motion to adopt the agenda after vacating Item 15 made by Councilman Hoaglun, Seconded by Councilman Cavener. Voting Yea: Councilwoman Perreault, Councilman Borton, Councilman Hoaglun, Councilman Bernt, 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 Borton, Councilman Hoaglun, Councilman Bernt, Councilwoman Strader, Councilman Cavener 1. Approve Minutes of the November 24, 2020 City Council Work Session 2. Approve Minutes of the November 24, 2020 City Council Regular Meeting 3. TMX MOB Sanitary Sewer Easement No. 1 4. TMX MOB Water Main Easement No. 1 S. Final Plat for Hensley Station No. 2 (FP-2020-0011) by Kent Brown Planning Services, Located at 462 N. Black Cat Rd. 6. Final Order 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. 7. Final Order for Fairbourne Subdivision No. 3 (H-2020-0008) by Fairbourne Development, LLC, Located at the North of W. Chinden Blvd. and West of N. Black Cat Rd. 8. Approval of Grantee Agreements for the Meridian Small Business Grant Program 9. Emergency Responders Health Center Professional Services Agreement Renewal 10. First Amendment to Subrecipient Agreement Between City of Meridian and Ada County Housing Authority for Program Year 2019 Community Development Block Grant Funds 11. Resolution No. 20-2246: A Resolution Authorizing the Ninth Continuance of a Local Disaster Emergency Declaration and its Terms for an Additional Thirty (30) Days; Authorizing the Continued Immediate Expenditure of Public Money to Safeguard Life, Health and Property; and Providing an Effective Date ITEMS MOVED FROM THE CONSENT AGENDA [Action Item] DEPARTMENT / COMMISSION REPORTS [Action Item] 12. Parks and Recreation Department: Results of Public Art Survey 13. Mayor's Office: Current Strategic Plan Closeout Report 14. City Council Discussion: Proposed Updates to Idaho Code Section 50-707A, Regarding Election of Council EXECUTIVE SESSION Vacated 15. Per Idaho Code 74-206A(1)(a) To deliberate on a labor contract offer or to formulate a counteroffer. Vacated from the Agenda ADJOURNMENT 6:14 pm Item#1. Meridian City Council December 8, 2020. A Meeting of the Meridian City Council was called to order at 4:30 p.m., Tuesday, December 8, 2020, by Council President Treg Bernt. Members Present: Joe Borton, Luke Cavener, Treg Bernt, Jessica Perreault, Brad Hoaglun and Liz Strader. Members Absent: Robert Simison. Also present: Adrienne Weatherly, Bill Nary, Steve Siddoway, Audrey Belnap, Vincent Koontz, Jeff Lavey, Joe Bongiorno and Dean Willis. ROLL-CALL ATTENDANCE Liz Strader _X_ Joe Borton _X_ Brad Hoaglun _X_Treg Bernt X Jessica Perreault _X Luke Cavener Mayor Robert E. Simison Bernt: Okay. It is 4:30 and I would like to call this City Council work session to order. For the record it is 4:30 and today is December 8, 2020. We will start off with roll call attendance. Madam Clerk. ADOPTION OF AGENDA Bernt: Thank you, Madam Clerk. Adoption of the agenda. Hoaglun: Mr. President? Bernt: Yes, sir. Hoaglun: Unless Council has -- wants to keep the Executive Session, Item 15, on -- I don't think we have anything that needs to be discussed at this Executive Session, so before I do that, speak now or forever hold your peace. Bernt: Council, any -- any objections to striking the Executive Session off the agenda? Perreault: No. Hoaglun: Okay. Mr. Mayor, I move we adopt the agenda with -- without Item No. 15, the Executive Session, seeing that there is no need, and -- and the rest as presented. Cavener: Second the motion, Mr. -- Council President. Bernt: I have a motion to accept the adoption of the agenda with -- with changing item Page 5 Meridian City Council Work Session Item#1. December 8,2020 Page 2 of 30 15. Any -- okay. With that we will -- all those in favor signify by saying aye. Any nays? Motion -- motion passes. MOTION CARRIED: ALLAYES. CONSENT AGENDA [Action Item] 1. Approve Minutes of the November 24, 2020 City Council Work Session 2. Approve Minutes of the November 24, 2020 City Council Regular Meeting 3. TMX MOB Sanitary Sewer Easement No. 1 4. TMX MOB Water Main Easement No. 1 5. Final Plat for Hensley Station No. 2 (FP-2020-0011) by Kent Brown Planning Services, Located at 462 N. Black Cat Rd. 6. Final Order 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. 7. Final Order for Fairbourne Subdivision No. 3 (H-2020-0008) by Fairbourne Development, LLC, Located at the North of W. Chinden Blvd. and West of N. Black Cat Rd. 8. Approval of Grantee Agreements for the Meridian Small Business Grant Program 9. Emergency Responders Health Center Professional Services Agreement Renewal 10. First Amendment to Subrecipient Agreement Between City of Meridian and Ada County Housing Authority for Program Year 2019 Community Development Block Grant Funds 11. Resolution No. 20-2246: A Resolution Authorizing the Ninth Continuance of a Local Disaster Emergency Declaration and its Terms for an Additional Thirty (30) Days; Authorizing the Continued Immediate Expenditure of Public Money to Safeguard Life, Health and Property; and Providing an Effective Date Bernt: All right. So, moving on to the Consent Agenda. Hoaglun: Mr. President? Page 6 Meridian City Council Work Session Item#1. December 8,2020 Page 3 of 30 Bernt: Yes, sir. Hoaglun: I move approval of the Consent Agenda and for the Mayor to sign and Clerk to attest. Cavener: Second the motion. Bernt: There is a motion to approve the Consent Agenda. All those in favor signify by saying aye. Any nays? Motion passes. MOTION CARRIED: ALLAYES. ITEMS MOVED FROM THE CONSENT AGENDA Bernt: There are no items to be moved from the Consent Agenda. DEPARTMENT / COMMISSION REPORTS [Action Item] 12. Parks and Recreation Department: Results of Public Art Survey Bernt: So, we will move to Department and Commission Reports, starting with Item 12, Parks and Recreation Department results of the -- of the -- of the public art survey and this will be presented by Steve Siddoway and Audrey Belnap. Take it away. Siddoway: Thank you, Mr. President. I just want to make a quick introduction. Audrey's on here and it kind of struck me as I was thinking about this that I think there are many Council Members who have not yet had the opportunity to meet Audrey. I think you have probably heard of her during the -- one of the commission update presentations that have happened during the year, but I believe this is her first opportunity to actually present to you. So, Audrey will have been with us one year coming up in January. It's been quite a year for her, but I just want to say that from my perspective what a delight she has been to work with this year. She has truly jumped in with both feet. She has taken not only the Arts Commission, but also the Historic Preservation Commission, as well as working with Mayor's Youth Advisory Council on to her plate and I'm -- I'm grateful for the way that she has owned those responsibilities and moved forward with great energy. So, with that and my gratitude I will turn it over to Audrey, who I think has a -- some -- some great information to share based on a recent survey this summer regarding public art in -- in Meridian. So, turn it over to Audrey. Belnap: That's right. Thanks, Steve. That's nice of you to say those nice things. I'm going to share my screen really quickly. So, let me make sure that you all can see what I can see. Okay. So -- yes. So, the Arts Commission has been working really hard on developing their public art program and we are right on the brink of -- of creating a public art plan and so I'm excited to give you kind of an update on where we are at. Like Steve said, the majority of this presentation will be based on question -- the results of a questionnaire that we released earlier this spring. A lot of the information that I will tell Page 7 Meridian City Council Work Session Item#1. December 8,2020 Page 4 of 30 you today is on the findings of Meredith McKinley, who was our public art consultant through -- via partnership that we have been working with this year. She did a deep dive into our public art program's history. Again, the responses from the questionnaire that we released earlier this year she interviewed about a dozen City Hall employees and community leaders and she workshopped with the Arts Commission and she gave us this final report based on our strengths and weaknesses of our public art plan and -- of our public art program and all of those -- that information can be deduced into three priorities that our public art plan will be based on. So, these three priorities are strengthening Meridian's identity, developing Meridian as a creative city, and creating active and attractive public spaces. So, in our upcoming public art plan we are going to really focus on these three priorities and see how we can develop the public art in Meridian. So, we are just going to briefly go over these three priorities. First is strengthening Meridian's identity. In our public art questionnaire from earlier this year we asked what is the impact that public art should have in Meridian and these are our top two responses. Public art to be memorable and iconic. Think of something that you would want to take a selfie with. That's the best way. And public art that should enhance the identity of Meridian. These are themes that really came through through the whole of our questionnaire and, actually, the respondents from -- to our questionnaire were really concerned with -- or invested in -- in preserving the identity of Meridian and when I say preserving, it's because we continue to ask questions in our questionnaire about how the public would describe Meridian's identity, how does the public see the identity of Meridian, and our top response -- according to the public the top response was very history based, especially in our agricultural roots, mostly fields and dairies. Second to that is associated -- is our association with the natural environment and our small town feel. So, according to the public, Meridian's identity is -- is very based on where we came from, our history, and they want to preserve that and they see public art as a way to -- to preserve that identity. The result of that is also shown when we asked the public through our questionnaire is what's your favorite public art piece that's already in Meridian and the two that you see here on this slide Far and Away by Sector Seventeen and Native Grasses by C.J. Rench are two of the top three most selected public art pieces. Most favorited, I guess you could say, public art pieces in our questionnaire and as you can see they reflect Meridian's history or what the public sees as Meridian's identity according to our questionnaire and when we even asked them why did you choose the art that you chose as your favorite, the public has said it's because it's history based. So, even they recognize that outright. So, clearly this is something that's important to the public and we can use public art as a tool to reinforce this and to establish this, which we are really excited about in our public art plan. The second priority is developing Meridian as a creative city are basically keeping things local and when we say keeping things local, we mean two things. First, is helping artists become public artists. So, a lot of public art is large scale and not all artists have the skills or the means to produce large scale art and so the Arts Commission is interested in finding ways to help these artists as they continue to develop those skills. The second way of keeping things local is simply by hiring local artists and we have already seen success in this through our traffic box series. The majority of our traffic box series artists are local and the few that aren't local are regional. So, you know, very close to home and we can see or measure the success of this by our questionnaire when we, again, asked the respondents what's your favorite Meridian art -- public art piece. The top answer was Page 8 Meridian City Council Work Session Item#1. December 8,2020 Page 5 of 30 traffic box -- traffic boxes, followed by the Far and Away mural and the Native Grasses sculpture that you saw on our previous slide. These are the top three and traffic boxes were the top one. So, the public really likes our traffic box series and they indicated it's because they are supporting local artists. So, we absolutely want to keep doing that and we are going to find new ways to do that. One of the ways we have already considered is -- is building and developing the Initial Point Gallery in City Hall. The majority of those artists that are in -- in Initial Point Gallery are local and so if we tried to develop or build that we believe we would have the support of the public, which is good to know, especially as we create our public art plan. The third priority for our public art plan is creating active and attractive. We learned again from our public art questionnaire when we asked where do you take visitors to show them what Meridian is all about. The top response was parks, followed by The Village and, then, downtown. All three of these spaces are places where people can -- can be together, where they can recreate and relax and enjoy the community. All three of these spaces are active and attractive public spaces and public art can help build -- or public art can be a tool to make and keep these distinctive attractive environments that people want to use and inhabit. That's definitely a purpose of public art and in the questionnaire we even saw the public recognize that. When we asked what are areas of Meridian that are the best opportunities for public art, 75 percent of our respondents said parks and 67 percent marked --also marked downtown. So, the citizens of Meridian recognized that a purpose of public art is to contribute and energize and diversify public spaces and so that was really good and exciting for us to see. Our follow- up question to where we put public art is what kind of public art do people want to see and the top two responses that we got to that question is the public wants to see functional art, which is art that has a dual purpose and interactive art, which is art that is enhanced by the participation of the viewer. Some examples of that are -- can be seen here. In our questionnaire we asked -- we gave them a list of 22 public art pieces from across the country and we asked them to mark their favorite. These are the top five most frequently selected as their favorite public art piece and three out of five are interactive and functional. The gazebo in Seattle. The Main Street seating in Utah. And the Westmoreland Park in Oregon. And when we asked them why did you select the public art pieces from this list that you did, the top response was because it was functional, useful, utilitarian and so that gives us really good direction in our public art efforts, what we put out as public art. What we commission. Now, not all of our public art is probably going to be functional and interactive, but we know that this is something the public really likes and wants to see and that will definitely influence our decisions. So, with these three priorities what -- what's next? The Arts Commission will take these three priorities and organize them into goals and strategies in our new public art plan and this public art plan will really give us direction in the long term. We are thinking a five year public art plan and, then, maybe even a ten year public art plan. That will give us direction and some unity in our efforts. We anticipate this will be completed hopefully in the next couple of months, March 2021. So, that's what we are currently working for -- working on and we are really excited about that. That's all I have. So, does anyone have any questions? Bernt: Thank you, Audrey. Any questions for Audrey? Or Steve. Perreault: Council President? Page 9 Meridian City Council Work Session Item#1. December 8,2020 Page 6 of 30 Bernt: Jessica Perreault. Perreault: I don't have any questions, but I just wanted to say thank you to Audrey. I think this is fantastic, too, you know, to really get an idea of what our residents want and I guess I -- I don't typically think of art as sort of a utilitarian thing, so it's really neat to see how both can be integrated and the examples that you gave were beautiful. So, I have loved what Meridian has done so far in the last few years and I hope that we continue along this path, because I think it's made -- I just have enjoyed seeing everything so much and it's -- it's made a better city for us. So, thank you. Belnap: Thank you. Thank you. We are excited. Cavener: Mr. President? Bernt: Councilman Cavener. Cavener: Thank you, Mr. President. Audrey, appreciate the presentation. Curious. The information that was provided to Council I think was just a copy of your PowerPoint. Do you have a final copy of the survey results and, if so, are you planning to release that to the public or giving a copy to Council? I always like going into the -- the detail. I sometimes tend to get into the weeds and I'm always interested in what the public thinks about stuff, especially something that's important as public art. Belnap: Yes. Absolutely. So, I have the straight public art questionnaire and their responses, but I also have the final report from Meredith, who really synthesized and interpreted the responses and I can certainly share that with the Council. Cavener: That would be great. Thank you. Great presentation. Nice to meet you virtually. Belnap: Yes. Nice to meet you also. Strader: Council President? Bernt: Council Woman Strader. Strader: Thank you very much, Audrey. It's a pleasure meeting you and I think the thing I was most excited about hearing in your presentation was enhancing that sense of place and I guess I -- maybe one idea would be to chat with the Community Development Department and Planning Department, just because they have been talking a lot about neighborhood identities and creating like a sense of place for each -- Meridian's a big place, so creating that sense of place for each neighborhood. I was driving through Boise and I noticed some of their neighborhoods have like pretty unique signage and that they are doing some unique things for certain neighborhoods. Just a thought. But it seems like that's coming up a lot. This was very informative. Thank you. Page 10 Meridian City Council Work Session Item#1. December 8,2020 Page 7 of 30 Belnap: Yes. Thank you. Absolutely. We -- Meredith and I interviewed Caleb Hood from the Planning Department and so we anticipate partnering with them and I think that will be -- that will go really well and also a parks identity project is under consideration in -- in the Parks Department of creating an identity for each of our parks. So, it's on our -- it's on the horizon and we are -- we are excited to see how it turns out. Strader: Thank you. Bernt: Audrey, I -- one of the things that you mentioned was -- and Council Woman Strader talked about it as well is finding that identity and -- and Meridian certainly has, you know, rich history -- long, long history and so one of the ways in which I think preserving that history is through art, because art lasts forever and so in being on the Parks Commission a long time ago and they started talking about park identity, I think that's a great way to accomplish that. So, thank you so much. I appreciate you and thank you, Steve Siddoway -- Director Siddoway. Good to see you this evening as well. Borton: Mr. President? Bernt: Mr. Borton. Borton: Just a quick comment to plant the seed for a spring discussion, but we have a MACs ordinance from some time ago that it -- it was originally established, you know, it's 50 cents per resident capped at 50,000 dollars, which is a big first commitment that the city made some time ago -- not too long ago, quite frankly, but to -- to try and launch the arts in our growing community. I think it would be worthy--when you have got horsepower like -- like Audrey behind the arts program in Meridian and what the Arts Commission is doing now there is -- not only is there immense demand in our growing community, there is an amazing opportunity that might not have really existed ten years ago to allow the arts to flourish in our neighborhoods, in our parks, supporting our businesses -- we are doing things now that we never would have thought of ten years ago, that it would be worthy of a discussion this spring if the Council wants to lift that 50,000 dollar cap on the MACs ordinance, it, quite frankly, doesn't change the dollar figure a whole heck of a lot. If it's 50 cents for our residents, 50,000 might go to 61 ,000, quite frankly, but to allow the funding for our commitment to the arts to grow incrementally as our community grows, because certainly the demand is growing and I think that would be worthy of a topic discussion this spring as the budget gets developed. Talk some pros and cons. Audrey, you can provide some great feedback and help us with that and understand a lot of the benefits that can come with that at least for us to consider. Bernt: That's a great idea. Thanks for bringing it up, Councilman Borton. Next item -- thank you, Audrey. Appreciate it. Thank you. Belnap: Thank you. Borton: Thanks, Audrey. Thanks, Steve. Page 11 Meridian City Council Work Session Item#1. December 8,2020 Page 8 of 30 Bernt: Next item. Current strategic plan closeout report by Vincent. Is Vincent online? There he is. Hi, Vincent. We can't hear you, buddy. Vincent, we can't hear you, bud. Can you hear us? Someone let Vincent now that we can't hear him. Is there something we can do on our end? Cavener: Mr. President? Bernt: Mr. Cavener. Cavener: Now that Mr. Koontz is trying to figure out his technical limitations, if we want to either take a brief recess or move on to the next item, then, circle back to him. Because I know the pressure of trying to present via Zoom and not having -- and having a technical issue get in the way, that can be somewhat stressful. I don't want Vincent to be worried about anything and --just a couple of suggestions. 14. City Council Discussion: Proposed Updates to Idaho Code Section 50- 707A, Regarding Election of Council Bernt: Let's give him one last shot here. Vincent, can you hear us? We can't hear you, buddy. I think Councilman Cavener had a great idea. I think that we are going to skip Mr. Koontz and let him figure out his technical difficulties and we will pass the baton over to Mr. Nary and we will start the discussion regard to proposed updates to Idaho Section Code in regard to districting for city council elections. So, take it away, Bill. Nary: Thank you, Mr. President, Members of the Council. What is on your discussion for tonight is a districting ordinance that would line up with the state amendments that are being considered for the current -- amendment to the current ordinance. So, a year ago the state legislature -- if I can share my screen. There we go. So, the state legislature a year ago decided that cities of 100,000 needed to district for representation of their citizens, rather than doing it at large or by seat as is the current practice. There had always been the ability to district, but there was no city in Idaho at the time that were districting. All of them were using the same format of either being selected by seat or by -- or by at large. So, a movement through the House and the Senate got a lot of traction, there was an interest to doing that, so they passed the law. The problem was that at the point in time it only applied to the city of Boise. We anticipated that after the current census in 2020 it would apply to Meridian and potentially Nampa as well. I don't know where the other cities lie and whether or not they would be close to a hundred thousand. My -- my guess is probably not. Many for a lot -- for quite a while. But there were some bugs in the -- in the system. They didn't have a very clear direction in the code on how to create the districts. In other places, including the state of Idaho, when they redistrict after census -- census each ten -- every ten years, they form a committee of some citizenry to create it. It varies all over the country in how they do it. They have a variation on the percentage of population variance you can have between districts. If you make the number too small it's very challenging to get there. If you make the number too large it tends to lead to what's commonly referred to as gerrymandering, where they try to move the districts to suit one group or another. So, there wasn't a clear established way to do Page 12 Meridian City Council Work Session Item#1. December 8,2020 Page 9 of 30 it. The -- there wasn't any clear direction, but the only thing that was clear is you have to do it immediately. So, starting this current -- next calendar year for -- city elections are on odd years. One of the things they did not take into account was the fact that cities, unlike state legislature, elect their council members based on staggered terms. So, there was no clarity on -- of the people that were either currently elected who were not up for election in that-- in that election cycle, what happens to their seats and how do we district when you have got people that are already duly elected and qualified electors that are elected for a term that now doesn't line up with -- with the districts. So, we had some conversations in the spring with the city of Boise, who was very concerned about trying to accomplish this. We had some conversations with the Attorney General's Office and Senator Winder and the county clerk. One of the challenges with doing this is, again, the top -- the -- the national census is supposed to be released on April 15. Early in the COVID time, in March, April, May, June, there was a potential of a delay, because there was a delay in the census and concern that it wasn't going to be completed timely and, therefore, it couldn't get released timely and one of the things the law requires is that you have to establish the districts 120 days prior to the election, which is basically the beginning of July. So, trying to get census data to line up and the secondary problem is that after the census is done, when you read the state code in regards to the entire state -- because they are on even year elections, what happens is in -- the completion of the census occurs in the year ending in zero. The release data -- it comes out in the year ending in one and, then, the state districts -- the whole state and, then, after that's completed and the lawsuits that tend to come with those and the discussions that sometimes go to court over the how it was done, then, the counties divide each county up by districts and create the precincts where people vote. That, then, doesn't happen until '22. So, then, in the 2022 election that's when the first cycle comes for the census population and the census districts to be created and that's how the state does it and they had not anticipated what would happen to try to do that early. So, in our conversation Senator Winder was very understanding. We worked really hard -- a majority of the work that was done here was written by the Attorney General's Office with -- in conjunction with Senator Winder to try to make sure it made sense. We wanted to maintain some level of local control on how the process would work, that we would have -- because one concern in our discussion was without guidance you are more -- you are more likely to get sued, because you are going to do it differently than somebody else, there is nothing in the code that tells you how to do it and so you are going to potentially have people that don't think you did it correctly. So, we wanted to at least make it clear you could do it -- each city could do it differently based on the city's needs or the city's desires and how every city is unique in their geography and their topography and in their demographics. So, we felt that was important and Senator Winder agreed. So, in this draft legislation that you have in your packet you will see some of the changes that allows for some variation between population, which is very helpful in trying to divide these up. It allows for committees to be able to be drawn at a local level by the cities themselves to decide how the districts are going to be created. It allows for sitting council members to serve the remainder of their term. So, whenever you start this, whether it's in the year ending in one or the year ending in three, the current council members who have the additional two more years to serve can remain, regardless of the district they live in. Now, that may affect them the next election cycle if they don't live in the district that they would like to represent. If Page 13 Meridian City Council Work Session Item#1. December 8,2020 Page 10 of 30 somebody else that does live there is already seated that would affect them, but it would give them a two year window and that was a fairly common national practice to do, to either allow the incumbents to remain or allow the new ones to be able to move -- the incumbents not remain and that was what we felt was the safest for everyone. And, then, what Boise wanted the most was that the law would not become effective until 2022, therefore, not affecting the city cycles in '23 and '25, instead of '21 and '23. Questions? There is a lot of information in a very short time. Are there any questions from anyone? Bernt: Council, any questions for Mr. Nary? Borton: Yeah. Mr. President? Bernt: Mr. Borton. Borton: Hey, Bill, is -- it looks like this work is trying to create a solution through state code that will be applied at least to, you know, the Boise, Nampa, Meridian, as opposed to just Meridian trying to create a Meridian solution; is that a fair summary? Nary: Could you repeat that, Mr. Borton. I'm sorry. Borton: Yeah. It looks like we are trying to create, you know, a solution -- a code change that would be applicable, if adopted, trying to create a solution for all the cities that would be subject to this new code, as opposed to just Meridian creating a solution that we think works for us and if Boise and Nampa wouldn't like it that's okay, we are doing -- we are trying -- we are considering something that would be Meridian specific. Nary: So -- yes. So -- so, what I was showing you originally was the state code changes that we are proposing -- or we have worked with Senator Winder to essentially create some structure in the state code for cities and, then, giving cities the individual ability to do something of what they think is important. So, the draft ordinance -- and I have got that up on the screen now that you have in your packets is exactly that, Mr. Borton, it is -- it is an attempt to create a process for Meridian on how we think the creation of districts could occur. It could be done in '21. The only caveat -- and I didn't get a chance to share this with the Mayor. I just found this out yesterday. The county clerk said that the census data he believes would be done and completed by the time we would need to create the districts, by late spring. He is still anticipating they would be released by April, that there won't be a delay, that we will have -- we will have the ability to look at the city's population, which will likely be over 100,000. We will be able to use that data. The problem that he raised is that the -- again, the districts -- or the precincts will not be created until '22. So, his only caution was that if the City of Meridian wants to do this in 2021 , he had no objection to it, he just wanted everyone to understand that the data for the population would be current, but the data for the precincts would not be current. So, that was the only concern he raised that there is no possible way for the precincts to be done in time for the 2021 city elections. I can walk through briefly the process that we created in the code to be able to --to do this. Again, we created six districts. We had established seats. Basically the seats would remain the same numbers. The numbers now correspond to Page 14 Meridian City Council Work Session Item#1. December 8,2020 Page 11 of 30 districts, rather than just simply seats. That -- it would be a committee. It would -- we did create an ability to do it in 2021 and that's here on your screen, to be able to have it there and which ones it would relate to. It would relate to the seats that were up for election in 2021, which are seats two, four, and six and that seats one, three, and five would remain in their seats regardless of where they lived, whether they lived in the districts that become two, four, and six after -- in '23 the other seats would, then, be eligible. You would have to live in those districts to be able to vote -- or be able to run for that seat in 2023. The basic qualifications we wanted to clarify a little bit in the code that we wanted to match up the current language in state code regarding residency, so that's what's in there for qualifications in residency. We wanted to make it clear, again, that people have to live in Meridian to be on the city council. Vacancies would have to be replaced by people within the district and the district -- again, the districting committee -- we have had a lot of discussion on how to create that and whether that's a joint decision between Mayor and Council, whether we would treat that like we do other commissions, that the Mayor would appoint and the Council would -- would approve those appointments. The -- one of the things that's --from a legal perspective we were wanting to be cautious about was having too much political drive on how the districts were created. We wanted to be sure it was -- is as objectively separated from the political process as we could and -- and, again, it's not perfect, that's -- I'm realistic, I do recognize that there are some issues that may crop up, but we are trying to have an independent commission that would have the authority to create this. Ultimately the City Council would have to approve the map they created. So, the City Council does have the final word on what was done, how it was done, that it was done objectively and that it was done reasonably. They, basically, are supposed to craft this based on science, GIS, expert -- expert assistance. There are many people in the country that do this exact thing for a living. So, there are ways to get this done on a very objective scale. They certainly can consider -- at some point you complete the process and you have created the districts and, then, you have to put a number on the district. The numbers -- perhaps a better way of saying it, the numbers don't have to be sequential, they don't have to be clockwise. I mean the districts can be whatever the number that the committee wants it to be. So, they can consider all factors in regards the elected officials that exist at the time, but they are not obligated to do that. Ultimately, we were looking for people that lived in the city and our intention was -- at least for the first -- first committee, that the district would be made up of -- or the district committee would be made up of six people, that those people would live in various geographic areas of the city, but -- and, again, we didn't put this in the ordinance, but that's certainly a fair discussion point. After the district committee -- after the districting is created for the future, it may make sense to change the code -- or I -- or put that in the code going forward that after this was created in '21 or '23 or whenever we do this, that for the future districting committees when they have to do this every census, each member of the committee has to live in one of those districts and you have to have it evenly distributed among the six districts. So, that's -- that's the option that we haven't identified in the code currently, but we could certainly add that if that's desired and, basically, everything else is very functionary of public meetings, public notice, public has an opportunity to weigh in to give their opinions on how the districts are formed and, then, again, ultimately, the Council has to approve the final product in a public meeting after public input. So, I think that's most of the process that you have in front of you. But, again, if you have any questions. I think Page 15 Meridian City Council Work Session Item#1. December 8,2020 Page 12 of 30 one of the questions we have had is does the City Council want to consider this in 2021 . Again, it takes two election cycles to get to a final completely districted City Council, because of the way it's done currently. So, if you -- if you choose to do this in '21, again, you still have '23 as well. It doesn't prohibit you from doing it more than once every ten years, but it's not very logical to do it more than once every ten years. But in this particular instance, because of that little glitch of the precincts versus the population numbers, the potential is is you could do it in '21 and, then, slightly adjust it in '23 depending on your precincts. I don't know -- I'm not -- I'm not versed enough to know if the precincts change significantly, once the population has been established, that we won't be able to do it without very -- or minor change. The other change would be that if you decide the committee system didn't work very well, you would have the ability to tweak that and fix that before you wait until 2031. So, again, a lot of information -- Perreault: Mr. President? Nary: -- I can stop sharing for the moment if you have any questions. Bernt: Council Woman Perreault, did I hear you? Perreault: Yes. I apologize, Bill. I -- I wasn't sure if you were finished or not. So, I do have a couple of questions. I read over this a few times yesterday and just saw a lot of potential for it to become very political and so I wanted to ask some clarifying questions. The first is -- is there any possibility that the committee that decides the districts could not be decided by any elected official, whether the mayor or council? I would -- I would like to really have any current elected officials removed from the decision making on who is on that committee. That would make me feel more comfortable. I know that makes it difficult as to how to -- you know, who decides who is going to be on that committee, but I just -- I would feel a lot more comfortable not having one or both of the departments that are elected make those decisions. So, that's the first question. The second question is is could you go over some more how the public will have an opportunity to be involved. I really would like them to be involved in how this works and I think that no matter who decides who is going to be on this committee, that, you know, there could potentially be opportunity to sort of shape that committee to one advantage or another of any particular group, which is what I would want to try to avoid. If that question makes sense. So, those were my really biggest concerns. Now, let me preface that by saying that if this is too early to have those questions answered, because we are going to wait and redraft this ordinance after some changes are made at the state level, then, feel free not to answer those questions. Nary: Mr. President, Members of the Council, I mean those are -- those are fair questions and, again, these are really discussion points. The Mayor's -- the Mayor's desire tonight really was to talk about the process, which is really kind of what you are asking. I recognize -- my advice to you as the city attorney is the less politics that are involved in the decision making is a better, more defendable position. Right? The word gerrymandering came about because politics involved, redrawing district lines, it became very obvious people did it to favor one group or another or person or another and the Page 16 Meridian City Council Work Session Item#1. December 8,2020 Page 13 of 30 more you can avoid that, the more defensible your position can be when it's based on science and based on math and based on maps and demographics. Idaho is not unique. Again, this is done all over the country every ten years in lots of places and in California our-- our intern we had last summer had done some work on districting in law school. In California they actually passed a state law a few years ago requiring every single city district, regardless of size. So, imagine a number of cities in California as a major undertaking for every single city to do that that wasn't already districted. So, the larger cities were, but most smaller cities were not, so -- so, there is a lot of data out there and a lot of information on how to do this right and, again, we weighed back and forth. Where does the committee come from? Is the committee made up of staff? Is the committee made up of appointees by the mayor, appointees by the council, appointees by somebody else. We felt the fairest -- and that's why it was drafted that way -- was, again, the mayor theoretically -- and I certainly believe that with our current mayor, but I believe the mayor should always be considered to be as neutral as possible, because the mayor doesn't have a dog in the fight. The mayor isn't districted. The mayor gets elected by the entire city regardless. So, where the districts are in theory it should make less difference to the mayor than it might to a council member. So, we thought following our normal way we have committees and commissions, the mayor appoints the people, the council still has to approve them as committee members. So, the concerns you raised, Council Member Perreault, like this person is very political, this person is very engaged in the political process more than you feel comfortable with, is an opportunity to voice that concern. So, there is a way to have that public conversation about that. Your second point about public's involvement in the process, definitely we felt the most important thing would be transparency. These committee -- these meetings would have to be noticed. There has to be a minimum of one public hearing prior to bring it forward for approval. I would anticipate the first time we do this having more than one public hearing. I would think you are going to have -- the only caveat you have -- again, if you -- if you do it in '21 your time window is smaller, because you are -- you are going to get final numbers of -- of the census in approximately May. If everything works well and everything's worked so well in 2020 1 don't know what '21 is going to be like, but you have to finalize the districts by July regardless. So, the window of time is very limited. Again, you can pick your committee ahead of time, you could pick all of that stuff, you could decide on your process. All of that can be decided before May, but the numbers themselves won't be available. Now, again, the numbers exists today to some degree; right? You have some preliminary data -- maybe not census data, but COMPASS data is fairly robust and fairly accurate and fairly helpful on population and locations and things like that. It doesn't have the same detail as the census, but it is pretty detailed. So, you are not going in completely blind. You may have to adjust. Again, if you wait until 2020 to allow -- again, you don't have to do anything until '23, which means you could have potentially a little more time for a committee to work to get through it and -- and figure out process and have public meetings if necessary. I just don't know. I mean the state does it in about four months, give or take, for the entire state. So, for an entire city is a two month window unreasonable? I don't know. I hope I answered your questions. Perreault: Mr. President, I have a few follow-up questions. Page 17 Meridian City Council Work Session Item#1. December 8,2020 Page —of 30 Bernt: Council Woman Perreault. Perreault: Thank you, Bill. I appreciate that. Just to follow up for clarification, I would like you to comment on the section of the ordinance that talks about the -- the -- the -- at the public hearings that the chair would be -- it would be at the chair's will if the public was permitted to speak or not. That was my interpretation. I don't -- that makes me uncomfortable. And, then, secondly, could you clarify just for understanding, are the districts going to be divided based on the number of registered voters in each district or based on the population or a combination of both? Nary: So, after -- Perreault: Obviously, the number of registered voters changes frequently. Nary: Correct. So, the districts are required to be based on population. So, that's what the state code requires. So, it's not based on registered voters. It's based on -- the size of the district is based on the population. To answer your other question, so our intent of that wasn't -- wasn't to prohibit public testimony, but you have working meetings that are public that you are working through data and science and methodology and all of that. In every single public meeting to have public testimony makes the one or one and a half hour working meeting into a four hour meeting that could get off the rails pretty quickly. So, our intent was is you are going to -- you are going to announce that ahead of time. Are we taking testimony? Yes or no. You have to take testimony at least at one meeting before it comes back to the City Council. It varies clearly. It's the same law -- I mean this is the same rationale in the state code regarding the comprehensive plan. According to the state code the planning and zoning commission has to hold one comprehensive plan public hearing and nothing more and the city council also only has to hold one. As you well know, we have lots of hearings, we didn't have just one. So, I think the process will -- will work that self-- that part of it out. Because, again, if the City Council felt at the end of the process that it wasn't open, it wasn't transparent, it wasn't allowed input, they are not likely to approve that recommended -- recommended plan. So, I think there is a backstop there. But I mean I don't -- I mean we could certainly add two or three or whatever is necessary. I just know that there will be meetings that as we are trying to work through the information and trying to, then, have public input about that from lay people about things like that, it's really complicated. You have to want to more -- not necessarily completed process, but you definitely want a little bit better process before you start getting people to weigh in on it. Bernt: Ms. Perreault, anymore questions? Perreault: No. Thank you. I appreciate -- I appreciate you allowing me to ask so many detailed questions. Thank you. Bernt: All good. Thank you. Hoaglun: Mr. President, I had a question for Bill. Page 18 Meridian City Council Work Session Item#1. December 8,2020 Page 15 of 30 Bernt: Mr. Hoaglun. Hoaglun: Bill, I know COMPASS does a good job about tracking our numbers and they are usually pretty good about the estimates of our growth and whatnot, but do they really get down to the precinct level to make determinations of those numbers? Nary: So, Mr. President, Members of the Council, Council Member Hoaglun, I mean I -- I don't believe so. I don't believe -- because that's not their focus. So, I don't think they do. That's why I'm saying you would at least have a fairly good idea -- you can have a fairly good idea today what our population is. I mean they -- they already have our estimate at 118 or 119 thousand people. So, they already have a fairly good idea. So, what I just wanted to -- my only intention of that comment was we don't have to wait until May 1st to know what our population is. We could find out our population tomorrow and we could find out where they generally are based on the data that they have -- to the -- to the precinct level, yes, clearly not. They are estimates; right? So, we know that. But, again, as -- as you start winnowing down data you are going to find the lines tend to not move greatly; right? You have section line roads. You have main roads like the freeway, the major highways. You have some of the waterways and topography -- you know, we don't have -- we don't have quite the same level of hillside and foothills and those kinds of -- and major rivers and things like that, but we definitely have some that already divide where precincts go and precincts don't split between ditches normally and they are not usually --the sections may split across the freeway, but they clearly define, you know, this section all the way to the freeway, this section from the freeway south. So, a lot of the work is -- is done and will be slightly -- could be slightly tweaked and that may be where the committee comes in if we do this next year. Hoaglun: Mr. President, just to comment on that. My -- my only concern and -- and, really, this is kind of -- more of a decision for those that are in the even number of seats, because that will be the ones up next year. You know, for those of us in the odd number of seats it's -- it will -- it will happen and we will have those numbers, it's just a question of will a precinct or two change -- we can look at the -- get a fairly decent number for each area and say, okay, here is the boundaries, but, then, in two years the precinct levels are set and there might be some minor adjustments of a precinct here or there that has to move. I don't know if it's that as big of a deal for people to -- for two years have this council person and, then, you are switching to another district or -- or that, but that's just something to consider if -- if we do it for '21 and, then, have to make some modifications going into '23. Cavener: Mr. President? Oh, sorry. Go ahead, Mr. Hoaglun. Hoaglun: Oh, I -- Mr. President, if I might just add, I had the pleasure -- and I use that term loosely -- in 2000 when the redistricting commission for the state of Idaho was created, representing a partisan party for our efforts on -- on redistricting and Council Woman Perreault's comments about making sure it's not, you know, political and having us out of the process, the difficult thing for us is we are nonpartisan. There they created a commission of three Republicans and three Democrats, knowing full well it is going to Page 19 Meridian City Council Work Session Item#1. December 8,2020 Page 16 of 30 be partisan, so make it an even number and, then, they can -- have to -- they have to come to a consensus and figure it out. So, we don't have that -- that -- that luxury being nonpartisan, recognizing that, hey, you know, how do you make this work. So, you know, I think Mr. Nary might have a decent solution just having the mayor, who is elected citywide, I mean that's -- that's an option and we could also look at other -- other entities on how they do it and see what -- see what solutions they come up with. Bernt: I would almost say that it's a luxury that we have that we are not partisan, to be completely honest with you. So, it's one of the beautiful things about local government is we don't get into the minutiae of left and right and blue and red and donkey and elephant, it -- actually it's quite refreshing, so -- I definitely have some thoughts about this. I will pass the baton over to Mr. Cavener, though, and let him go next. Cavener: Thanks, Council President. Just a -- kind of dovetailing off of Council Member Hoaglun's questions for Mr. Nary, if he has any insight about what our cities to the east and cities to the west are doing in terms of planning to -- how to determine a commission to select districts and what their approach is going to be. Nary: Sure. Mr. President, Members of the Council, Council Member Cavener. So, Nampa hasn't been very engaged in this discussion so far and they have changed city attorneys and so I don't know where the mayor or the council are today on this conversation. Boise has focused a lot of their attention on trying to move this to '22, because they -- they want to have more time for process and I don't -- I haven't spoken with their city attorney for a few months. So, they did not have any real plan in mind the last time we spoke. I would imagine they are going to go through a similar process, though, of a citizen committee and assist the commission. I don't know how they would choose them. I haven't spoken to her recently. To be fair -- and not to -- not to toot Meridian's horn, a lot of -- a lot of the cities look to us as what -- what is Meridian doing and, then, sort of take their -- their own lead from that. Bernt: Yeah. Emily has done a great job. Perreault: Mr. President? Simison: Ms. Perreault. Perreault: Bill, might there be a -- an efficient way to learn from other cities who have gone through this process how they chose their committee or commission and what the results were in terms of whether that was effective for them and keeping it as -- as minimally political as possible? I know that's a subjective determination, but that is just -- that's a really important element in my mind with all of this. I just see so many potential challenges with this becoming politicized and -- and not necessarily this next term or the -- you know, the term after, but in ten years -- I mean I feel like this could have really impactful long-term effects that we may not even yet realize. So, I'm curious to learn from cities that did this ten years ago or 20 years ago and maybe how that's affected them. If there is any way to find that information out. I have no idea. I certainly wouldn't want it Page 20 Meridian City Council Work Session Item#1. December 8,2020 Page 17 of 30 to be incredibly time consuming, but if you wouldn't mind letting us know if that's a possibility. Nary: So, Mr. President, Members of the Council, I mean there -- there is data available out there. I mean we did -- we did to do some research in crafting that and trying to fit what would make sense in our city and again -- again, our objective always was to try to make it as apolitical as possible. I do think that's a more defensible program that you are going to have. But we can certainly do a little more research to see what other cities have done. Again -- you know, again, as usual with Idaho we are unique here. We don't have any city in the state that has done this, even though they could have done it, they have never done it for a lot of reasons and so we are having to look at other states and, again, we did some research with our intern this summer and Ms. Kane from my office, as you all know, does a lot of research as well. So, I know there is data that we can -- we can locate and at least bring that to you to see if there is other -- again, I think -- you know, ultimately, at the end of the day who picks -- who picks who sits on the committee to decide how to do it is really how you would avoid as much of the politics as possible. You know, I certainly -- you know, to be honest when we had this first discussion I told the Mayor I'm happy to do it with the clerk and, then, you guys can approve it and I'm going to be as apolitical as anybody on this and the Mayor said that sounds great, but I don't think any other city attorney in the state would feel comfortable doing that, so I don't think that's a good idea. I think you should look to a citizen group or somebody else and that's kind of where we landed with that. But I agree with you, I don't -- I -- I know it can be done properly without it becoming a partisan type of exercise. I know we would do it right. I know we would do everything to make sure it was clean and done and defendable and transparent to everyone, because that's who we are. But definitely we want to build that safeguard into an ordinance to make sure the public recognizes that, that it is not intended to create favoritism or preference for anybody. Strader: Mr. Council President? Bernt: Ms. Strader. Strader: Thank you. Thanks a lot, Bill. It seems like you guys have done a great job trying to be proactive on something that was kind of nebulous. So, I -- I really appreciated the -- the digging in on trying to find a way that would make it work that was, you know, just in the benefit of the city and as impartial as possible. It seems like it's getting close. I guess -- and I apologize for the background music here. My little monkeys are going crazy. I guess my question was if -- if we went for it in 2021 and, then, the census data came out and the precincts all changed, would those seats -- I mean how would that work with the timing? I guess I just wasn't really tracking, then, if -- if the statute is effective in 2022, you know, in seats -- again, it's not -- it's maybe the odd number -- the even numbered seats, but how does that work, then, if the census data comes later? Nary: So, that's -- Mr. President, Members of the Council, Council Member Strader, that's a great question. Currently, you know, the state does this every ten years, they elect -- reelect everybody in the legislature every two years. So, if you happen to be in District Page 21 Meridian City Council Work Session Item#1. December 8,2020 Page 18 of 30 14 in one election cycle and the next one's like -- like in this current situation -- I live in District 14. So, could they redistrict -- and I live right on the edge of District 14. So, could the district line move away from me and now I'm in District 20? Yes. Nothing changes. Now I vote for different people. So, my opinion would be is if you were in district two in '21 and we districted the city and you got to vote for the representative from district two and, then, when we redid it in '23 you are now in district three, you get to vote for the person in district three. Strader: Quick follow up. Bernt: Ms. Strader. Strader: Sorry, Mr. Council President, I didn't hear if you recognized me, but I saw your mouth move. Bernt: Sorry. Yes, ma'am, I did recognize you. It's all you. Strader: Thank you. Bernt: I apologize. Strader: No. I apologize. So, I guess just a follow up. I guess more my concern was could -- could the legislature somehow feel that our initial districting was invalid or didn't meet their intention? Is there any risk of us going ahead and, then, having them take issue with how we did it in 2021? Nary: Great question, Mr. President, Members of the Council, Council Member Strader. I think that the risk always exists that the legislature may disagree with how any city does something and decides to take a statewide stab at that. I mean, yes, that could -- that could certainly happen. The only difference would be someone's going to have to make that effort that it was done so badly and done so poorly and I guess I just hope that no one's going to do it really badly and really poorly that draws that level of attention to make everybody do it over again, but that -- you know, the legislature has the ultimate authority over the state code and the cities are creatures of state code, so they certainly can do that if they wish. You know, again, we were -- we were appreciative that Senator Winder was also very supportive of allowing a level of local control to even create the districts, that this legislature wasn't going to try to do it for us, because we felt, again, every city has unique characteristics about it that they feel is more important to them, that the legislature may not really understand, that come from all over the state. But, certainly, if somebody did it poorly -- you know, I think Mr. Borton would understand when I say bad facts make bad case law. That happens in our business a lot and -- and so could that happen? Yes. Would it -- do I think it will? I don't. Strader: Thanks. Perreault: Mr. President? Page 22 Meridian City Council Work Session Item#1. December 8,2020 Page 19 of 30 Simison: Ms. Perreault. Perreault: Mr. Nary, not having read these types of statutes before, as they are new, obviously, I got the impression in the state -- the state statute that there was not a lot of clarity about how the district lines are drawn. Do you think that's something that will be flushed out more in this next legislative sessions -- session. Nary: Well -- yeah. Mr. President, Members of the Council, Council Member Perreault, they -- at the moment -- now, again, this is one proposal by Senator Winder. It doesn't mean it will be the only proposal and it doesn't mean it won't be amended. So, he was comfortable with what we have proposed, but will the House be as comfortable? Will other senators be as comfortable? I don't know. So, they certainly could create some amendments to it. We all know what starts at the beginning of the legislative process isn't always going to be what gets passed, so there certainly could be more. Again, we were hopeful to have the desire and the ability, with Senator Winder's help, to keep it to a local level, to keep it with some definition. Our concern legally, honestly, was you could look at it on one hand and say, well, the current legislation that exists doesn't tell us anything. So, I guess it's a free for all, you can do whatever you want. Our concern was that's how usually you get sued, because you just make it up yourself and you just say, well, nobody says how to do it, so I will just do it this way. That tends to get -- now you got to -- now you got to really defend it, that there is science to base it on, there is data to base it on, that you didn't just make it up and so it's a lot more difficult to defend. Not that you can't and not that you couldn't succeed, but it is a lot more time consuming and potentially expensive to defend that than it is to say, look, the legislature gave us some parameters, says you can have a committee. Now, again, we decide what the committee looks like. We decide -- the committee decides what the -- what the boundaries look like. But at least it says we can have a committee. Right now it doesn't say anything. So, that was our fear was the lack of -- the lack of clarity as the potential that someone's going to find whatever we did, whether we have all the science in the world to back it up, they are going to want to oppose it. Borton: Mr. President? Bernt: I have been waiting for you, Mr. Borton. Borton: So, really good discussion on this topic. I take it that the outcome from today is we have got a couple of choices. Meridian can, for better or for worse, control its own fate and -- and continue down this path, figure out the details of what it might be and decide to district for 2021 regardless what the state does, even though that obligation is not yet upon us. Or path number two, that we say now this looks like it's too airy and too compressed and let's wait until it is officially imposed upon us for 2023. Is that the -- the crux of what we are -- the fork in the road for today? Nary: Well, Mr. President, Members of the Council, Council Member Borton, I -- you know, I don't even think we are quite to even to that stage. I think the Mayor's intention was to introduce this topic that is -- potentially is something we may want to consider, that Page 23 Meridian City Council Work Session Item#1. December 8,2020 Page 20 of 30 we --we don't have to make any decisions today, but, technically, if-- if you read the state code -- I don't know -- it's another thing that's unclear to me. If the -- if the census comes out in April and says we have over a hundred thousand people, the way the Idaho Code reads right now we have to do it anyway, so -- and I don't know -- there is no magic bell to ring in the statute that says, well, at your next election -- I think just your next election. So, potentially, we are going to be forced to do it in May anyway, if nothing changed. If the statute changes and gives that somewhat grace period to '22, it gives you the ability and cushion to do it later. So, without those changes I'm afraid potential is once the census is determined that says Meridian has X number of people over a hundred thousand people, we are obligated to do it anyway. Borton: Mr. President, I -- I don't disagree. I -- I feel very confident that if one thing changes it's that. I think at the very least that clarity and that cushion will be provided, because there is a chance the census isn't done -- out until May 25. June -- I mean there is so much funky going on that we might have eight days between the census and when our districts would have to be approved 120 days before election and -- Nary: Right. Borton: -- through no fault of our own we could just get stuck. So, I believe -- I guess I asked a fork in the road question and maybe that's a -- at some point we have the fork in the road decision, but there has been a lot of really good work done by you and Emily and the team and you two -- or your whole crew is taking -- leading the charge, basically, on trying to create the solution statewide for the -- the gaps in the code and there is probably a whole lot more work, so probably the sooner that you get some consensus from all of us and get the seven of us to provide direction the better. If it's not today I get it, but maybe it's January, February. Otherwise, there is a whole lot of work still to do and I wouldn't want to drop it on you in February, if it's the Council's desired to not move forward. Nary: Yeah. And as I said, Mr. Borton, Members of the Council, I mean, you know, it's not my intention or the Mayor's intention today to put all of you on the spot to say are we doing it or actually not doing it. I think it was to make sure you were aware and the public was aware that we are aware this is coming. We are aware that it's already a requirement. It could be a requirement sooner than we would prefer or there could be a cushion and if there is a cushion do we want to use that cushion or do we want to leverage that cushion. Again, if the potential is -- based on what Mr. McGrane has said, is that the precincts will not be drawn until 2022, which means there may be some slight adjustment in '23. I don't think it will be large, but I think it will be some. We have an ability to go through a process in '21 and decide if the process makes sense, because if we -- we have a reasonable opportunity to adjust it in '23, which means we can also adjust the process. If we wait until '23 to do it the first time, there really is no logical reason, because the census won't change and the precincts won't change, so we wouldn't really have a justification to change it unless it was really poorly done, that you couldn't redraw the districts very efficiently or effectively after that until the next census. So, that was the only rationale to me that it's reasonable to consider. We are going to do it anyway and -- we are going to Page 24 Meridian City Council Work Session Item#1. December 8,2020 Page 21 of 30 do it anyway, just when do we do it is really the question. Borton: Okay. Mr. President? Perreault: Mr. President? Oh. Borton: Go ahead. Perreault: Sorry. Bernt: Mr. Borton. Perreault: Did you acknowledge me? I didn't hear. Bernt: I will stick with Mr. Borton, if he has something just to finish up his thoughts and we can move to you, Ms. Perreault. Borton: Real briefly, I guess, just feedback on it is I -- I think an odd number of citizens versus even is preferred, if they are voting and deciding and making recommendations, if seven is better than six or five is better than six and at least as drafted that May 1 presentation is hopeful, but if that's also perhaps the date that the census gets released it's not realistic. So, as we proceed down the May 1 may be a bit aggressive to expect them to have a final product to come to us for our sort of administrative approval, in light of the fact that if there is time needed for a remand to edit it, there needs to be time for a remand and it can, then, come back to us before the 120 days before the election. So, just the sequencing. That's really the big concern that I thought that we run the risk of is really compressed, which it's a math equation, quite frankly, to do this right. That's all it is. It's just equal distribution of population amongst districts and you only get it wrong if you poorly populate one of the districts and -- relative to another. So, rushing that is the risk, so --just comments as we continue to chew on it. Thanks. Bernt: Ms. Perreault, one last thought. Perreault: Sorry, Mr. President, I didn't hear what you said. Bernt: I said one last thought for you. Perreault: Oh. Okay. I think Council Member Borton really hit the nail on the head. I appreciate that. That was very well said. One more quick question for Mr. Nary. Can you explain how this works with this -- the seat numbers as they currently are versus the district? So, do you -- do the Council seat numbers go away and their seat number is replaced with a district that they are in or -- I guess I'm just completely unclear on that. Nary: Sure. Sure. Mr. President, Members of the Council, Council Member Perreault, that was our--that was our thought, that simply the seats would now become the districts. So, in theory -- again, my earlier comment -- it doesn't have to be one, two, three, four, Page 25 Meridian City Council Work Session Item#1. December 8,2020 Page 22 of 30 five, six, you know, in a circle or in a square or three on one side and three on the other. They can be anywhere. I mean it doesn't really make any difference. So, it -- it may look funny, but I mean, you know, think of -- I think of it like our fire stations; right? We have --we have six fire stations. They are not in any sequence, they are named because that's the sixth one we opened versus that's the first one we opened. So, I don't think -- our intention was if we did this next year, districts two, four, and six would be up, because those seats are up in that election cycle and seats one, three, and five would remain the same as they have been at large to the individuals that have already been elected for two more years and, then, in 2023, then, seats one, three, and five would correspond with those districts that will be established in 2021. So, the person, again, who -- if, for example -- and I don't want to get real granular, because I wasn't really trying to get into the specifics, but I mean if you have two council members in the same district in one election cycle, the incumbent that's got two more years left can remain regardless of the fact they live in a different district than they are technically representing. But in the next election cycle whoever gets elected has to live in that district. Does that make sense? Bernt: It makes sense. Borton: Mr. President? Bernt: Mr. Borton. Borton: Just one final comment that we all know is really obvious, but I will state it anyway is -- and this is a hundred percent true in Meridian and I would assume in almost every other city, but we are just meager public servants and nothing more. We all have other jobs and lives and -- and the things that take the majority of our time and we do this because we love our community and serve and if we can't do it through -- if a districting decision changes our -- so be it. We just want -- we are just here to help and it's -- it's -- I don't want to say insulting, but it almost is even to imply that any of us would be ever concerned about where lines are drawn, as long as it's fair and accurate nothing else matters. I mean we are here -- it's simply service. So, that --that really means something here and I just don't want us to lose sight of that and -- in our discussions. You draw boundaries where you draw them and we will serve when we can and I just think that's an important part to not lose sight of. Bernt: Thank you, Mr. Borton. I think that you nailed the nail on the head there, because that's what it boils down to is just service to our community for sure. Anyone else have any thoughts to wrap up? But just a couple of thoughts. First off, I -- you know, I wanted to thank Mr. Nary and his team and Emily for their -- you know, in putting together this -- this ordinance. I know that they have spent a lot of time on it. They weren't joking. You know, Bill wasn't joking when he said that other municipalities in the valley look to Bill's office and to Emily for guidance and they -- they have and they always will and I believe that we have done a great job putting this together. So, thank you, Bill, and thank you, Emily, for -- for your help with this. Just reading the tea leaves, I think it's pretty evident that one of the main concerns is the -- the citizen commission and what that looks like and how that's put together and -- and going forward we are probably going to have more Page 26 Meridian City Council Work Session Item#1. December 8,2020 Page 23 of 30 discussion in regard that for sure, but at the end of the day the process is the most important thing and -- and getting it right is the most important thing and being transparent in this process is the most important thing. Mr. Borton nailed it on the head. We are here to serve and whether it's me or someone else or if it's anyone else in this body or another hardworking dedicated citizen that cares and wants to serve, so be it. That's what we are here to do and Meridian will go forward and we will have strong leadership and -- and have citizens and elected officials and staff members who truly care and that's what's most important. But I think there is a lot of moving parts with this and I think that -- that the time frame and -- to get it all dialed in is going to be very difficult. I -- I'm trying to find a way to wrap my arms around what the benefit is to the citizens of Meridian to have this change in 2021. 1 just -- I just -- I just don't know if I can wrap my arms around -- I can't come up with -- with anything. Really. And so that would be my concern. You know, the time frame, getting it right. Charlie Rountree used to say it, you know, all the time, you know, that's -- there is no -- there is no -- we are not -- we are not in a hurry in what we do and -- and I think it's even more the case with this situation. So, I would lean more toward -- and just throwing it out there and no one else needs to share their opinion of thumbs up or thumbs down, but my initial thought would be to wait and to get it right and to make sure that we get all our ducks in a row and -- and there is no doubt we are going to do that, but that time frame is going to be really tight to make that happen. So, there we have it, Bill. A bunch of opinions for you. Did you write them all down? Nary: I got them. Emily is on the call. Cavener: Mr. President? Bernt: Mr. Cavener. Cavener: Perhaps it would be fitting to have staff bring this back in February or March after the legislature -- legislative process has potentially played out. We may have some greater clarity to many of the questions that are unknown at this point. Bernt: I think you are spot on with that, Mr. Cavener. I think that you are going to see some changes. I think that Mr. Winter has already alluded to maybe some changes that are going to be talked about in this next legislative session as well. So, I think that's -- I think those -- those are wise words. 13. Mayor's Office: Current Strategic Plan Closeout Report Bernt: So, with that said let's move on to Item No. 13. Back to Vincent. Hopefully Vincent has taken care of his audio struggles. Mr. Koontz, are you there? Koontz: I am here. Can you hear me? Bernt: That a boy. Boom. Boom. Koontz: So -- all right. Sweet. Let me share my screen with you before it decides to Page 27 Meridian City Council Work Session Item#1. December 8,2020 Page 24 of 30 disappear, so -- all right. All righty here. All right. So, Council President, Members of Council, I'm here to present -- and can you see my screen? Bernt: Yes, sir. Koontz: Just want to make sure. Okay. I'm here to present to Council the closeout report on our current 2016 to 2020 strategic plan. I do want to take a moment to thank Mayor Tammy, our previous city council, and the city's leadership team. They all deserve credit for recognizing the importance of taking bold visionary strategic leadership back in 2015. It really set us up for the future, setting the course for where we want to take this thriving vibrant community for the next decade and beyond. But, you know, like any good relationship, the plan and I have had many fond memories, struggles, and opportunities to grow and change. But like all good things, they sadly must come to an end, but will transition to something even better. So, a little agenda for you. I will tell you how we did from a high level. What did we get done. What did we learn, both good and bad. I will also share with you the final objective close outs for our current plan and, then, I will share a little bit with you about our new strategic plan and any questions that you might have with regards to that. So, I'm going to keep it short and sweet. I know we just had a -- you know, a long discussion on -- on districting and so I want to -- I want to make sure I get to the point and keep it brief, so -- so, how did we do? Well, we completed and finalized the work on 35 of the 59 total objectives in the plan and we had 13 objectives that were within one action item of being complete. Didn't quite make it over the finish line before the end, but the work will continue or will be reevaluated in the next strategic plan. Out of the 359 tactics in our plan or action items, we completed 290 of them, with another 27 that are currently in progress. So, really really good results for our first strategic plan. Overall we achieved 80 percent of our total plan's tactics and our goal when we adopted the strategic plan was to achieve at least 70 percent. So, I'm pleased to report that we are far above that with achievement. We have also got another eight that are currently in progress. So, 88 percent of the total plan has either been completed or is finalizing the work. It took over 40 objective leads working, you know, day in and day out, on work across multiple departments, so it was truly a team effort and I want to say thank you. I would love to list everybody, but you know -- you know who you are. I have bothered you, poked you and made sure you got stuff done. So, we completed the work across multiple administrations. So, for our first strategic plan we accomplished a great deal, learned a lot of lessons, matured as an organization and as a city. So, I'm happy with where we are at. So, what have we learned? So, some of the positives. Well, we took the initiative. We looked to take a step forward in a plan that looked long term on the work that we are doing. We accomplished -- as I mentioned, we accomplished 80 percent of the total action items in the plan. We adapted. We took action on things that weren't working. Actually, this plan over a third of the original plan objectives were changed, modified, or deleted and I actually looked at that as a positive. That's a sign that we were willing to make changes to accomplish our goals. Some of the opportunities -- it was ambitious. You know, it was ambitious. Some of the objectives we put in their work -- might have been unrealistic or didn't have necessary resources attached to them. It was often operationally focused. We were looking sometimes to just check the box and maybe just completing tasks, as opposed to working towards improving outcomes or delivering results for our citizens. You know, that -- that's an opportunity. It lacked some flexibility Page 28 Meridian City Council Work Session Item#1. December 8,2020 Page 25 of 30 and buy-in. The senior leadership team developed a plan, which is good at a high level, but a lot of the objective leads and action leads didn't have a lot of engagement with the subject matter experts or with Council along the way, which led to some of those modifications in the first place. But all in all it was a very solid effort and it's informed our next plan that we are -- that's currently in progress that we are working on. And I sent a memo out to City Council on some of the objectives that were not closed out in the plan period. Some of the objectives were operationalized and ongoing. Some had lack of resources or changes that didn't allow completion. Some were very close to being complete, but not all the way completed and some have elements that will be considered in the next plan. If you have questions on that memo I would like to hold them until the end, but we will get through and talk about some of the completed objectives that have been completed before the end of the plan period. By focused area -- we had a few. Strategic growth. This is about downtown development and the execution of the Destination Downtown plan. The objective lead was Cameron Arial. Some of the major milestones that occurred in this objective were approval of the Union 93 project, Old Town lots, the Keller building, working with MDC on parking capacity and policy and, then, creating a new urban renewal area in downtown with the Union District. Some of the challenges that were mentioned. Working with developers to balance parking, housing, and mixed use in a compact area in our downtown. Some of the next steps. Working on a tool in Community Development for downtown parking capacity, similar to the one that Miranda has developed for school capacity. But one of the key questions for this is what does the evolving downtown of the future look like as an ongoing piece of this objective. On to the next one. Ensuring our city area of impact values are consistent with infrastructure plans, service boundaries, and growth goals. The objective lead on this was Caleb Hood. Some of the major milestones -- you actually just got a chance to talk to Ada county about recognizing our area of city impact. Their board met with the City Council last week and seems to be in agreement. City officials and staff have met with Kuna and Star for their ultimate city limits. Some of the challenges we found with this were the need to keep open communication lines open on the topics, especially with Kuna and Star, to ensure infrastructure plans match our development boundaries. Some of the next steps will be to further explore updates with the county in any border cities as any -- any changes come up. Under economic vibrancy, this -- this objective was about our industry analysis as part of the comprehensive plan. The objective lead is Tori Cleary. They have their industry analysis and we have identified need for industrial space, developing -- we have also developed a marketing video with Idaho Power. We have identified light manufacturing, healthcare, technology and financial services as potential industries to target and attract. Some of the challenges of that. Obviously, identifying and attracting businesses is challenging, but we have tools and staff to support that effort. We will need to focus on marketing, expanding and maintaining land uses as we continue to grow and keep a balanced land use. Work will continue in the next strategic plan as one of the goals is related to bringing in these industries. Another one is promoted on -- promoting identified special business districts. This objective is also Tori. We completed the industry analysis and we have identified several needs for complementary businesses that we will pursue as part of the application and data from the industry analysis. We have several areas that we might look to for special business districts. One area is highlighted -- I mentioned before was the Union District and the successful RFP for the Page 29 Meridian City Council Work Session Item#1. December 8,2020 Page 26 of 30 civic block. Some of the challenges. The Magic Bridge area is a challenge, as will other districts be challenges as we continue to grow, because available space is dwindling. So, next steps. We will continue some of these efforts in the next strategic plan for business improvement districts, northwest Meridian, and other areas in town. And this one is close -- close to my heart. Government excellence. So, this is actually my objective. So, I will -- I will --this was a major milestone for me is accomplishing the strategic plan, developing rapport and relationships with City Council, directors, and staff over the last few years to ensure completion and achievement and implementation of our strategic plan and I think we have done a good job as a team. Some challenges. Plans change, priorities shift, and, then, staying the course on a rapidly evolving plan is tough. The city changes. The plan did not fully reflect the community focus which -- which led to a lot of tasks, a lot operational stuff. So, you know, we learned about -- we learned that and we are going to apply that to the next plan. Some next steps. Finalizing new priorities and work with departments and finalizing the next strategic plan to allow us to develop strategic initiatives, develop meaningful performance measures to improve outcomes for our citizens. Next ones are public health and safety. Objective lead was Jeff Lavey. This is about evaluating human caused threats and hazards and establishing benchmarks and standards for our safety profile. Some milestones. As part of this objective we identified several key threats to Meridian on the human caused side. Several that we identified had actions that needed to be taken in order to improve responses. One area of opportunity was asking for mutual aid from local, state, and federal partners. Another is cyber threats. And PD has been working closely with IT over the past year on improving security and training employees on what to watch out for and protecting infrastructure. Challenges. One area that has been a challenge was civil disturbances. We have a mobile field source unit, but we do need to recruit more officers and equipment to train with local teams to ensure that we work well together and handle any civil protests that might turn violent. And next steps. Continue monitoring and identifying threats as they arise and being proactive as they develop. Other public health and safety. And this is the last one. Build and maintain a broad spectrum of partnerships to improve education access to social and support services. The objective lead on this was Dave Miles. Some milestones we highlighted was developing a list of organizations to engage with for various socio- economic actions. One example of these efforts is the Mayor's senior advisory board and AARP have been looking at livability needs, researching and utilizing survey data to assess what opportunities for conversations and how we can utilize our resources and staff in the meantime. Some challenges. This was delayed several times with personnel challenges and assignments and finalized -- also in finalizing the socio-economic indicators to align with from the United Way and next steps. How best can we use our communication platforms and personnel to engage going forward, utilizing partnerships and delivering community engagement. And what's next. So, our -- this plan is complete -- as complete as it's going to be in the plan period. So, next week I will be discussing some of our new strategic plan priorities with you. I will bring back and describe some of the partner and community feedback that we have received so far. This step will be really crucial for Council as a body to accept our priorities over the next five years, giving our departments the green light that tells them their senior leadership and City Council is in agreement on the highest level priorities and that they match the needs of the community. After that stage that's going to include making the meat and the work of the plan with the Page 30 Meridian City Council Work Session Item#1. December 8,2020 Page— of w departments with City Council. I know City Council expressed a desire to work on some topics regarding partner agencies, the legislature, and diving into some growth and housing related topics. So, I will circle back with you at that stage. We will also work with our departments to make and develop relevant performance measures related to our goals, our citizen survey, and the outcomes that we desire by developing strategic initiatives and actions to accomplish them. I have been working on a public facing dashboard to tell our story for both our staff, our leadership, and our community. So, our plan is not only an adopted document, but also something that they can see and interpret the results. So, I will report bi-annually on the high level updates on the plan, performance measures and the results, and departments will deliver updates on their initiatives, action items, and key findings in their annual updates or in one off of ad hoc updates and I'm going to target full implementation of our plan by March of 2021 and with that I stand for questions. Bernt: Thank you, Vincent. Any questions? Perreault: Mr. Council President? Bernt: Ms. Perreault, is that you? Perreault: Yes. Bernt: There you go. Perreault: Vincent, thank you so much for this. I -- every time I have chatted with you about this your passion for this project shines through and I appreciate that so much that you -- that this is really important to you, not only in your role as a staff person, but personally and I just -- your attitude is always so fantastic as we have gone through this process. So, thank you for that first of all. Secondly, could you bring the slide back up the last slide that you -- second to the last slide. I guess I'm not understanding on the the memo that you had sent us where you had stated that a certain percentage of the focus areas were complete and now you are saying that -- that we are essentially done with this plan. I'm trying to reconcile I guess -- done with the plan meaning the plan's framework is -- is complete or the objectives that are in the focus areas have been completed or not completed or -- or are those just going to be perpetually worked on for the four years that the plan is in place I guess. Is that -- hopefully that question makes sense. Koontz: Okay. Council President, Council -- Council Member Perreault, so what you are describing on that-- completed objectives, like these completed objectives that are on the screen -- were for the plan period from 2016 to 2020. When I say that the objectives in this plan is complete, that plan period had, you know, that -- from 2016 to 2020 and so these objectives are part of that plan and so this plan is completed and, then, we are -- what you are -- you are getting confused with -- and maybe the new plan. The new plan is taking -- taking over, so -- on this slide. So, this is the 2021 to 2025 strategic plan, which we have been talking about the focus areas and goals for that one, which they have Page 31 Meridian City Council Work Session Item#1. December 8,2020 Page 28 of 30 made -- we have made some -- you know, some of the -- some of the themes from that, obviously, carry over. But, you know, the --the plan that we adopted in 2015, that's what's completed and that's what this report really is about. I'm just highlighting some of those things for Council, so we can kind of show you what's coming up next. We will be creating the objectives and strategies for that plan in the next few months. So, that's -- does that -- does that answer your question, Council Member? Perreault: Mr. President? Bernt: Ms. Perreault. Perreault: Yes. I apologize. I -- when I was reading through the memo I did not notice the 2016 to 2020. What I noticed was that the items were not fully closed out and so I was under the assumption that this was a draft of a portion of our new plan. So, yes, I'm aware that -- that some of these focus areas will continue from the prior plan into the new plan. Can you give us some context for the -- the objectives that were not met and just some significance for what that means for us and, you know, if-- if now that we are seeing this with these objectives not completely having been met, you know, I would anticipate that that will affect our new plan to some extent, but can you give us a framework for how much it should or shouldn't affect the new plan or are we just completely starting a whole new draft and not taking that into account? Koontz: Council President, Council Woman Perreault, so if I'm understanding correctly, this -- so, you are talking about the noncloseout objectives. So, the noncloseout objectives either -- and that's what's detailed in the memo is either they are going to be operationalized and that means that they are -- either they are going to be completed, no resources were attached to them, so they were not completed at that time or some of them will be considered as part of the new plan. But we are kind of trying to take a clean slate with this plan period and say, you know, this is either done or not done. Reality check. But some of the -- again, some of the items, as -- as mentioned in the memo, will potentially carry over and will be considered as we are developing the action items, the strategies and objectives for the new -- new strategic plan. So, that was my acknowledgment that, you know, some of -- most of the work has been completed -- 80 percent of the work has been completed, but some of the work in that plan either has not quite been completed yet and will be or will be considered as part of the plan. I tried to bullet that out in the memo for that reason. So, I hope that might answer your questions in more detail. Strader: Mr. Council President? Bernt: Ms. Strader. Strader: Thank you so much, Vincent. I agree, your enthusiasm for this has been wonderful and infectious and it's been amazing to be part of the process of creating the new plan and I'm excited to close out the old one and work on the new one. I guess a question. We have set such a high level for the new plan, are we going to start talking Page 32 Meridian City Council Work Session Item#1. December 8,2020 Page 29 of 30 about the tactics and would that be an appropriate time to revisit items that are closed out from the old plan that we may want to weave back in or how do you see that working, the objectives that are not met per Council Woman Perreault's point. Koontz: Yeah. Council President, Council Woman Strader, so, essentially, what I am going to be doing after we adopt the -- the high level framework for the new plan is I will be working with the departments, because, essentially, if you want to look at the new plan is that the -- the focus areas and goals are our strategic priorities. So, my goal would be to get Council to adopt those strategic priorities for the next five years and, then, I can work with departments and subject matter experts and City Council on developing those strategies and objectives and tactics underneath that in the next three months. So, that's exactly what we will be doing in the next three --three months is developing -- considering the items that may have carried over or weren't quite finished yet from the strategic plan that is -- has been completed, but also to consider, you know, do -- do they belong in the new strategic plan, but-- you know, because of the themes were similar from this strategic plan to the new strategic plan, I think you will find that most of the items will be considered in the new plan once we develop those -- those strategies and action items and tactics, if that makes sense. Strader: Mr. President? Bernt: Ms. Strader. Strader: Yeah. I think that makes tons of sense. I guess just -- you know, I would hope -- if you are getting input from Council for the new plan or input on things that we are closing out from the old one, you know, you could let us know and we could discuss if you need any other information from us. I mean I feel like we are really involved in the process of crafting the new one and it feels like it was -- or, you know, it's evolved in a nice way. So, yeah, I mean let us know. There are a couple of things on this list that said, you know, things weren't resourced or, you know, Council maybe hadn't provided direction, but that's normal, you know, in any kind of strategic plan, not everything is going to be met. But if you still need input from us, you know, please -- I would say let us know. Koontz: Council President, Council Woman Strader, no, I appreciate that and that's part of my discussion next -- next week in going forward will be, you know -- you know, presenting you with -- with the priorities -- the strategic priorities and, then, talking about some of those next steps in more detail and, you know, on purpose anything that's in here -- you know, a lot of -- a lot of the items in the memo were designed to be followed up or designed to be -- or, frankly, got to the point where they weren't relevant or to your point they -- they maybe weren't considered properly, but they will definitely be considered as part of it and where ever Council input can be, you know, provided in that and where you guys are considered departments in creating object--objectives and strategies and action items, I will definitely be in touch at that point to -- you know, to get you guys involved, as we have -- as we have done throughout the process, so -- so, I appreciate the questions. Thank you. Page 33 Meridian City Council Work Session Item#1. December 8,2020 Page 30 of 30 Bernt: Any other questions for Vincent? Thank you, Vincent. Appreciate your time on this. Well -- well done. EXECUTIVE SESSION 15. Per Idaho Code 74-206A(1)(a) To deliberate on a labor contract offer or to formulate a counteroffer. Bernt: Item No. 15 we have --we have struck this item from tonight's agenda. So, moving on to our last agenda item. Hoaglun: Mr. President? Bernt: Mr. Hoaglun. Hoaglun: I move we adjourn. Strader: Second. Bernt: We have a motion to adjourn this evening with a second. All those in favor say aye. Any nays? Perfect. We are adjourned. MOTION CARRIED: ALLAYES. MEETING ADJOURNED AT 6:14 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) 12.22.2020 Robert E. Simison Mayor DATE APPROVED ATTEST: Chris Johnson, City Clerk Page 34 7/tem 77 (:> E IDIAN*-----, AGENDA ITEM ITEM TOPIC: Approve Minutes of the November 24, 2020 City Council Work Session APPROVED Page 3 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*-----, AGENDA ITEM ITEM TOPIC: Approve Minutes of the November 24, 2020 City Council Regular Meeting APPROVED Page 20 Meridian City Council Item#2. November 24,2020 Page 35 of 35 MOTION CARRIED: FOUR AYES. TWO ABSENT. MEETING ADJOURNED AT 7:48 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) 12 / 08 2020 MAYOR ROBERT E. SIMISON DATE APPROVED ATTEST: CHRIS JOHNSON - CITY CLERK Page 55 7/tem 77 (:> E IDIAN*-----, AGENDA ITEM ITEM TOPIC: TMX MOB Sanitary Sewer Easement No. 1 APPROVED Page 56 ADA COUNTY RECORDER Phil McGrane 2020-169218 BOISE IDAHO Pgs=12 NIKOLA OLSON 12/09/2020 08:42 AM CITY OF MERIDIAN, IDAHO NO FEE Project Name(Subdivision): TMX MOB ESMT-2020-0154 Sanitary Sewer Easement No.1 SANITARY SEWER EASEMENT THIS Easement Agreement, made this 8th day of December, 2020, between BVASB Ten Mile Medical Office Building LLC,SCS Investments LLC,DWT Investments LLC and The Tomlinson Family Trust (collectively"Grantor"), and the City of Meridian, an Idaho Municipal Corporation ("Grantee"); WHEREAS, the Grantor desires to provide a sanitary sewer right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer is to be provided for through 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 sanitary sewer 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 sanitary sewer 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. Sanitary Sewer Easement REV. 01/01/2020 Item#3. 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 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 on Following Pages Sanitary Sewer Easement REV. 01/01/2020 Page 58 Item#3. BVASB TEN MILE MEDICAL OFFICE BUILDING LLC, an Idaho limited liability company By its Executive Managers BV Management rvices, Inc'., an Idaho corporation Cort ey Liddiard, Pre ident Brighton Corporation,an Idaho corporation By: Robert L. Phillips, President STATE OF :Ss' COUNTY OF On thiswAy of W aCgexn']a✓ ,2020, before me, the undersigned, a notary public in and for said State, personally appeared known or identified to me to be the President of 5&y e.�TeA6.the Executive Ma ager of BVASB Ten Mile Medical Office Building LLC, and acknowledged to me that such corporation and limited liability company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seat, the day and year in this certificate first above written. BRANDILOVE COMMISSION NO. 37925 NOTARY PUBLIC Notary Public for -Y-Aa- %c STATE OF IDAHO My commission expires: i-1-la -ae ZCQ� MY COMMISSION EXPIRES O 12126 STATE OF IDAHO ) :ss. COUNTY OF On this`day of 2020, before me, the undersigned, a notary public in and for said State, personally appeared known or identified to me to be the President of the Executive Manager of BVASB Ten Mile Medical Office Building LLC, and acknowledged to me that such corporation and 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 My commission expires: Page 59 Item#3. BVASB TEN MILE MEDICAL OFFICE BUILDING LLC, an Idaho limited liability company By its Executive Managers BV Management Services, Inc., an Idaho corporation By: Cortney Liddiard, President Brighton Corporation, in Idaho corporation By: Robert L. Phillips, President STATE OF l ko ) ^ :ss. COUNTY OF AOLL ) t On this J�:day of Q0 Qtm er2020 before me,the undersigned, a notary public in and for said State, _ersonally appeared 1 ober+L. VIA,[ � S known or identified to me to be the President of C 11taov�L orADr ., the Executive Manager of BVASB Ten Mile Medical Office Building LLC, and acknowledged to me that such corporation and 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. L0- SHARI VAUGHAN Notary Public for T D Notary Public-State of Idaho My commission expires: r I- c� Commission Number 20181002 My Commission Expires Jun 1, 2024 STATE OF IDAHO ) :ss. COUNTY OF ) On this_day of 2020, before me, the undersigned, a notary public in and for said State, personally appeared known or identified to me to be the President of , the Executive Manager of BVASB Ten Mile Medical Office Building LLC, and acknowledged to me that such corporation and 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 My commission expires: Page 60 Item#3. SCS INVESTMENTS LLC an Idaho limited liability company By: I- ; A 4v'l Michael A. Hall, President STATE OF IDAHO ) ss. County of Ada ) On this ! day of . 'r in the year of 202(U, before me a Notary Public of said State, personally appeared Michael A. Hall, known or identified to me to be the President of SCS Investments LLC, the company that executed the instrument or the person who executed the instrument on behalf of said company, and acknowledged to me that such company executed the same. 6 IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Ew N ary Pu lic for Idaho A � ��My Commission expires ,` Page 61 Item#3. DWT INVESTMENTS LLC an Idaho limited liability company By: Brighton Corporation, an Idaho corporation, Manager By: Robert L. Philli s, President STATE OF IDAHO ) SS. County of Ada ) This record was acknowledged before me on IA()Ot ,bar g , 20 aD , by Robert L. Phillips, as the President of Brighton Corporation, an Idaho corporation, manager of DWT Investments LLC, an Idaho limited liability company. V E RI VAUGHANNotar Public for Idahlic-state of Idaho y Number 20181002 My Commission expiresn Expires Jun 1,2024 Page 62 Item#3. THOMAS W. TOMLINSON ADMINISTRATIVE TRUST UNDER THE TOMLINSON FAMILY TRUST 4/7/1982 By: Mark W. Lindsay, Co-Trustee By: ez? David .Turnbull, Co-Trustee STATE OF IDAHO ) ss. County of Ada ) .ten This record as acknowledged before me on r l,oU-f_wj b g 2020, by David W. Turnbull, on behalf of the Thomas W. Tomlinson Administrative Trust Under the Tomlinson Family Trust dated 4/7/1982, in the representative capacity of Co-Trustee. SHARIVAUGHAN d Notary Public-State of Idaho Commission Number 20181002 Notary Public for Idaho My Commission Expires Jun 1, 2024 My Commission expires C r J2- A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document. STATE OF CALIFORNIA ) ss. County of San Diego ) On , before me, (Insert name and title of the officer) personally appeared Mark W. Lindsay, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity of Co-Trustee, and that by his signature on the instrument, the trust upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) Page 63 Item#3. THOMAS W. TOMLINSON ADMINISTRATIVE TRUST UNDER THE TOMLINSON FAMILY TRUST 4/7/1982 By: Mark W. Lindsay, Co ustee By: David W. Turnbull, Co-Trustee TATE OF IDAHO ) : ss. County da ) This recor acknowledged before me on 2020, by David W. Turnbull, behalf of the Thomas W. Tomlinson inistrative Trust Under the Tomlinson Family Trust dat 4/7/1982, in the represent ' capacity of Co-Trustee. No ublic for Idaho My Comm ' n expires A nota public or other officer completing this certificate verifies only i Ity of the individual who signed the document to which this certificate is attached, and not the truthfulness, acc iracy or validity of that document. STATE OF CALIFORNIA ) : ss. County of San Diego ) C On '1�G II(YlS}C Y �61,702 o before me, (Insert name and title of the officer) personally appeared Mark W. Lindsay, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity of Co-Trustee, and that by his signature on the instrument, the trust upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. r , ILEANA SORANIDIS / / �.� ��f Signature �. (seal) Commission No.2279717 NOTARY PUBLIC-CALIFORNIA �r SA`N DIEGO COUNTY Com—s- n=,ivec klarch 4.2023 Page 64 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 12-8-2020 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. Notary Public For Idaho My Commission Expires: 3-28-2022 Water Main Easement Version 01/01/2020 Item#3. 2775 W.Navigator Drive,Suite 210 Idaho Office Meridian,Idaho 83642 H O RR O C K S Tel: 208.895.2520 www.horrocks.com E N G I N E E R S Date:November 3,2020 Project: ID-143 3-1810 Page: 1 of 2 EXHIBIT "A" TMX MOB SEWER EASEMENT This Easement is in a portion of Parcels A, D, E, and G of Record of Survey No. 11,866, Instrument#2019-049209,records of Ada county, and is located in the S.W. '/4 of Section 14, Township 3 North,Range 1 West of the Boise Meridian, City of Meridian,Ada County, Idaho, more particularly described as follows: CONEMENCING at a 5/8"rebar with plastic cap stamped PLS # 8960 marking the southeast corner of Parcel D of said Record of Survey No. 11,866;thence along the east boundary of said Parcel D, 1) N.00°50'32"E.,24.26 feet to the POINT OF BEGINNING; thence leaving said east boundary, 2) N.89°11'04"W., 17.14 feet;thence, 3) S.47°57'28"W., 65.30 feet;thence, 4) N.89°11'04"W., 359.58 feet; thence, 5) S.55°51'55"W., 47.11 feet; thence, 6) N.34°08'05"W., 20.00 feet;thence, 7) N.55°51'55"E., 53.68 feet; thence, 8) S.89°11'04"E.,224.18 feet to the southwest corner of Parcel D of said Record of Survey No. # 11,866;thence along the south boundary of said Parcel D, 9) S.89°11'04"E., 133.80 feet; thence leaving said south boundary, 10)N.47°57'28"E., 65.08 feet;thence, HAD 1433-1810 TM Crossing MOB Hospital/Project data/04 Survey/Legal Descriptions/Parcel D 052019 Page 66 Item#3. Date:November 3, 2020 Project: ID-1433-1810 Page: 2 of 2 11)S.89°11'04"E., 24.93 feet to a point on the east boundary of Parcel D of said Record of Survey No. 11,866 and a point of curvature; thence along the east boundary of said Parcel D and a non-tangent curve to the right, 12)Having an arc length of 10.00 feet, a radius of 731.00 feet,through a central angle of 00°47'01" and a long chord which bears S.00° 27' 00"W., 10.00 feet; thence continuing along said east boundary, 13)S.00°50'32"W., 10.00 feet to the POINT OF BEGINNING. HAD 1433-1810 TM Crossing MOB Hospital/Project data/04 Survey/Legal Descriptions/Parcel D 052019 Page 67 Item#3. s r w = c a - � ` O r 0 II II O m N V a b �K4UU com d �N - /J /Ja a <5 ; 'v O O _ z cfl W 00 o00 I I w = U I c/i z � c/i WI I ao LU O o w a � m AIM I W EF ui z I 00ui Q w W o wo I x I 3 co M m ,F—, I z .cIOR ul I I p O oybp 7 CO SIN I r n co Q 00 @ 0 3 z s= vj I Q - a p I I CL O U c � z < Z w a w I � zz � � w z z z o LLJ m s o 0 LLI O \'emw 0 s zzZ0 w0 a 0 U U 0] Oa ad � o �a � a g� 0 x F x w Page 68 7/tem 77 (:> E IDIAN*-----, AGENDA ITEM ITEM TOPIC: TMX MOB Water Main Easement No. 1 APPROVED Page 69 ADA COUNTY RECORDER Phil McGrane 2020-169219 BOISE IDAHO Pgs=13 KRISTINA LOWRY 12/09/2020 08:42 AM CITY OF MERIDIAN, IDAHO NO FEE Project Name(Subdivision): ESMT-2020-0153 TMX MOB Water Main Easement No. 1 WATER MAIN EASEMENT THIS Easement Agreement, made this 8th day of December 2020, between BVASB Ten Mile Medical Office Building LLC, SCS Investments LLC,DWT Investments LLC,and the Thomas W. Tomlinson Administrative Trust Under the Tomlinson Family Trust dated April 7, 1982, (collectively referred to herein as"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#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 on following pages. Page 71 Water Main Easement Version 01/01/2020 Item#4. BVASB TEN MILE MEDICAL OFFICE BUILDING LLC, an Idaho limited liability company By its Executive Managers BV Management�ervices, Inc., an Idaho corporation By: Cortn y Liddiard, President j Brighton Corporation, an Idaho corporation By: Robert L. Phillips, President STATE OF :ss. COUNTY OF gjq+n+cl�Vi�t�) On this2.3day of b ,2020, before me,the undersigned, a notary public in and for said State, personally appeared CnwkyNgN 1..i te4known or identified to me to be the President of bA Executive Man ger of BVASB Ten Mile Medical Office Building LLC, and acknowledged to me that such corporation and 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 t.OVE Fmy OMMISSION NO. 37925 Notary Public foralitic NOTARY PUBLIC STATE OF IDAHO My commission expires: OMMISSION EXPIRES b4112126 STATE OF IDAHO ) :ss. COUNTY OF ) On this_day of 2020, before me,the undersigned, a notary public in and for said State, personally appeared known or identified to me to be the President of , the Executive Manager of BVASB Ten Mile Medical Office Building LLC, and acknowledged to me that such corporation and 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 My commission expires: Page 72 Item#4. BVASB TEN MILE MEDICAL OFFICE BUILDING LLC, an Idaho limited liability company By its Executive Managers BV Management Services, Inc., an Idaho corporation By: Cortney Liddiard, President Brighton Corporati Idaho corporation By: Robert Phillips, President STATE OF oQ a.h o ) ff COUNTY OF i ot0 :ss.& ) On thisil'%ay of UOIX1 2020, before me, the undersigned, a notary public in and for said State personally appeared ,L. kM 105 known or identified to me to be the President of Ca , the Executive Manager of BVASB Ten Mile Medical Office Building LLC, and ack owledged to me that such corporation and 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. E ARIVAUGHANblic State of IdahoNotary Public forn Number 20181002on Expires Jun 1, 2024 My commission expires: - I"o2Ua- STATE OF IDAHO ) :ss. COUNTY OF ) On this_day of 2020, before me, the undersigned, a notary public in and for said State, personally appeared known or identified to me to be the President of , the Executive Manager of BVASB Ten Mile Medical Office Building LLC, and acknowledged to me that such corporation and 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 My commission expires: Page 73 Item#4. SCS INVESTMENTS LLC an Idaho limited liability company By: I- ; A 4v'l Michael A. Hall, President STATE OF IDAHO ) ss. County of Ada ) On this ! day of . 'r in the year of 202(U, before me a Notary Public of said State, personally appeared Michael A. Hall, known or identified to me to be the President of SCS Investments LLC, the company that executed the instrument or the person who executed the instrument on behalf of said company, and acknowledged to me that such company executed the same. 6 IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Ew N ary Pu lic for Idaho A � ��My Commission expires ,` Page 74 Item#4. DWT INVESTMENTS LLC an Idaho limited liability company By: Brighton Corporation, an Idaho corporation, Manager By: /Z Robert L. Phillips, President STATE OF IDAHO ) : SS. County of Ada ) This record was acknowledged before me on-11pr)em 61it. ($ , 20 -�0 , by Robert L. Phillips, as the President of Brighton Corporation, an Idaho corporation, manager of DWT Investments LLC, an Idaho limited liability company. — — — — — — — — — — - 0A4'L'4-L SHARIVAUGHAN Notary Public-State of Idaho Notary Public for Idaho Commission Number 20181002 My Commission expires �o' �'aDa� My Commission Expires Jun 1, 2024 Page 75 Item#4. THOMAS W. TOMLINSON ADMINISTRATIVE TRUST UNDER THE TOMLINSON FAMILY TRUST 4/7/1982 By: Mark W. Lindsay, Co-Trustee By: David . Turnbull, Co-Trustee STATE OF IDAHO ) . ss. County of Ada ) This record as acknowledged before me on y I o UCwt 162,f 1 g — 2020, by David W. Turnbull, on behalf of the Thomas W. Tomlinson Administrative Trust Under the Tomlinson Family Trust dated 4/7/1982, in the representative capacity of Co-Trustee. - - - - - - - - - - - - SHARI VAUGHAN U�t V Notary Public-State of Idaho Commission Number 20181002 Notary Public for Idah6J / My Commission Expires Jun 1, 2024 My Commission expires lo' l—a.oa+ A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document. STATE OF CALIFORNIA ) ss. County of San Diego ) On , before me, (Insert name and title of the officer) personally appeared Mark W. Lindsay, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity of Co-Trustee, and that by his signature on the instrument, the trust upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) Page 76 Item#4. THOMAS W. TOMLINSON ADMINISTRATIVE TRUST UNDER THE TOMLINSON FAMILY TRUST 4/7/1982 By: Mark W. Lindsay, Co ustee By: David W. Turnbull, Co-Trustee TATE OF IDAHO ) : ss. County da ) This recor acknowledged before me on 2020, by David W. Turnbull, behalf of the Thomas W. Tomlinson inistrative Trust Under the Tomlinson Family Trust dat 4/7/1982, in the represent ' capacity of Co-Trustee. No ublic for Idaho My Comm ' n expires A nota public or other officer completing this certificate verifies only i Ity of the individual who signed the document to which this certificate is attached, and not the truthfulness, acc iracy or validity of that document. STATE OF CALIFORNIA ) : ss. County of San Diego ) C On '1�G II(YlS}C Y �61,702 o before me, (Insert name and title of the officer) personally appeared Mark W. Lindsay, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity of Co-Trustee, and that by his signature on the instrument, the trust upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. r , ILEANA SORANIDIS / / �.� ��f Signature �. (seal) Commission No.2279717 NOTARY PUBLIC-CALIFORNIA �r SA`N DIEGO COUNTY Com—s- n=,ivec klarch 4.2023 Page 77 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 12-8-2020 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. Notary Public For Idaho My Commission Expires: 3-28-2022 Water Main Easement Version 01/01/2020 Item#4. 2775 W.Navagator Drive,Suite 210 Idaho Office Meridian,Idaho 83642 Tel: 208.895,2520 www.horrocks.com H O RR O C K S E N G I N E E R S Date: November 12, 2020 Project: ID-143 3-1810 Page: 1 of 3 EXHIBIT A TMX MOB WATER EASEMENT This Easement is in a portion of Parcels A, B, C, and D, of Record of Survey No. 11,866, Instrument#2019-049209,records of Ada county, and is located in the S.W. '/4 of Section 14, Township 3 North, Range 1 West of the Boise Meridian, City of Meridian,Ada County, Idaho, more particularly described as follows: BEGINNING at a 5/8"rebar with plastic cap stamped PLS # 8960 marking the southeast corner of Parcel D of said Record of Survey No. 11,866; thence along the south boundary of said Parcel D, 1) N.89°11'04"W., 206.42 feet to the southwest corner of said Parcel D, said point also being on the east boundary of Parcel A of said Record of Survey No. 11,866;thence along the east boundary of said Record of Survey No. 11,866, 2) S.00°45'59"W., 5.93 feet to the southeast corner of said Parcel A;thence along the south boundary of said Parcel A, 3) N.89°11'04"W., 238.33 feet to an angle point in the south boundary of said Parcel A; thence leaving said south boundary, 4) N.89°11'04"W., 39.57 feet; thence, 5) N.00°45'59"E., 20.00 feet; thence, 6) S.89°11'04"E., 273.83 feet; thence, 7) N.00°33'50"E., 35.87 feet;thence, 8) N.89°11'04"W., 25.86 feet;thence, 9) N.00°33'50"E., 10.00 feet; thence, 10)S.89-1 1'04"E., 25.86 feet; thence, HAD 1433-1810 TM Crossing MOB Hospital/Project data/04 Survey/Legal Descriptions/Parcel D 052019 Page 79 Item#4. Date: November 12, 2020 Project: ID-143 3-1810 Page: 2 of 3 11)N.00°33'50"E., 116.41 feet; thence, 12)N.25°28'08"W., 62.42 feet; thence, 13)5.64°31'52"W., 61.42 feet; thence, 14)N.89°11'04"W., 230.95 feet; thence, 15)5.00°33'50"W., 31.58 feet; thence, 16)N.89°11'04"W., 10.00 feet; thence, 17)N.00°33'50"E., 31.58 feet; thence, 18)N.89°11'04"W., 62.16 feet; thence, 19)5.00°33'50"W., 52.61 feet;thence, 20)N.89°11'04"W., 42.46 feet; thence, 21)N.00°33'50"E., 72.81 feet; thence, 22)5.89°11'04"E., 341.20 feet; thence, 23)N.64°31'52"E., 180.12 feet;thence, 24)N.25°28'08"W., 18.28 feet; thence, 25)N.64°31'52"E., 10.00 feet; thence, 26)5.25°28'08"E., 18.28 feet; thence, 27)N.64°31'52"E., 5.96 feet; thence, 28)5.83°06'48"E., 71.30 feet to a point on the east boundary of Parcel D of said Record of Survey No. 11,866 and a point of curvature; thence along the east boundary of said Parcel D and a curve to the right, 29)Having an arc length of 24.64 feet, a radius of 731.00 feet, through a central angle of 01°55'54" and a long chord which bears 5.19° 53' 43"E., 24.64 feet; thence leaving the east boundary of said Parcel D, HAD 1433-1810 TM Crossing MOB Hospital/Project data/04 Survey/Legal Descriptions/Parcel D 052019 Page so Item#4. Date: November 12 Project: ID-143 3-1810 Page:3 of 3 30)N.83°06'48"W., 76.32 feet; thence, 31)S.64°31'52"W., 112.47 feet; thence, 32)S.25°28'08"E., 50.32 feet;thence, 33)N.67°31'24"E., 17.90 feet; thence, 34)S.25°28'08"E., 10.01 feet; thence, 35)S.67°31'24"W., 17.90 feet; thence, 36)S.25°28'08"E., 5.07 feet; thence, 37)S.00°33'50"W., 161.18 feet; thence, 38)S.89°11'04"E., 190.04 feet to a point on the east boundary of Parcel D of said Record of Survey No. 11,866; thence along said east boundary, 39)S.00°50'32"W., 20.00 feet to the POINT OF BEGINNING. `ciy5 �%CEasFQ LPG 196 0 to 11-12-20�0 9rF Of �pP 9oN wa�G� HAD 1433-1810 TM Crossing MOB Hospital/Project data/04 Survey/Legal Descriptions/Parcel D 052019 Page 81 Item#4. 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O O ¢ a d0yd m 0=z o rvdaso,��::, M onE�9„e x3,h3w=se3d3 eMu 3w35�a3 eMSN dax3o,d 3,�>„.v s>o,�o:�o,d,.,. a ,E,«, w o:e:E>:a e:oz„ x w Page 82 7/tem 77 (:> E IDIAN*-----, AGENDA ITEM ITEM TOPIC: Final Plat for Hensley Station No. 2 (FP-2020-0011) by Kent Brown Planning Services, Located at 462 N. Black Cat Rd. APPROVED Page 83 Item#5. E IDIAN:--- IDAHO C� PUBLIC HEARING INFORMATION Staff Contact:Sonya Allen Meeting Date: December 8, 2020 Topic: Final Plat for Hensley Station No. 2 (FP-2020-0011) by Kent Brown Planning Services, Located at 462 N. Black Cat Rd. Information Resources: Click Here for Application Materials Page 84 Item#5. COMMUNITY DEVELOPMENT DEPARTMENT HEARING December 8,2020 Legend R- DATE: letProject Lflca�ian TO: Mayor&City Council R rrmrrLL FROM: Sonya Allen,Associate Planner 208-884-5533 � '1 SUBJECT: FP-2020-0011 Hensley Station No. 2 RUT- AA-E LOCATION: 462 N. Black Cat Rd., in the SW 1/4 of 1 Section 10,Township 3N.,Range 1 W. 1 M1 WO WS I. PROJECT DESCRIPTION Final plat consisting of 26 buildable lots and 3 common lots on 2.01 acres of land in the R-15 zoning district. II. APPLICANT INFORMATION A. Applicant: Kent Brown,Kent Brown Planning Services—3161 E. Springwood Dr.,Meridian,ID 83642 B. Owner: Providence Properties—701 S. Allen St., Ste. 401,Meridian,ID 83642 C. Representative: Kent Brown,Kent Brown Planning Services 3161 E. Springwood Dr.,Meridian,ID 83642 III. STAFF ANALYSIS Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plat(H-2019-0120) in accord with the requirements listed in UDC 11-6B-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 Page 1 Page 85 Item#5. of buildable lots and common open space are the same; therefore, Staff deems the proposed final plat to be in substantial compliance with the approved preliminary plat as required. The internal private streets were approved with the preliminary plat and the Purdam Gulch Drain was allowed to remain open and not be piped. Note:Preliminary plat condition#A.3b required a total of 223 additional caliper inches of trees to be provided on the site for mitigation based on the original inspection by the City Arborist of existing trees on the site anticipated to be removed with development. Since that time, it's been determined that more trees than originally anticipated are able to be retained reducing the calculation to 136 caliper inches required for mitigation—the landscape plan depicts an additional (68)2-inch caliper trees as mitigation in accord with UDC standards (see letter from Landscape Architect in Section V.Q. IV. DECISION Staff recommends approval of the proposed final plat with the conditions noted in Section VI of this report. V. EXHIBITS A. Preliminary Plat(dated: 10/7/2019) 4L 11 1; E l l l t ■ r Y F ■ • a 13 w Page 86 Item#5. B. Final Plat(dated: 10/15/20) "fit 80"—.PAGE UgH;LEY rf r+7r wr hFr.u.v,5 - � LOCATED iN THE sw irs of SECTION IQ,13H,RtVP,a,fi. CffY OF MERPOIAN,AAA C"TY,IEAHO e�s+IRlk wr�I- r r+,r rr,s�r.rt��•�. w 1.1 - - [r.",'i 54u14 4•Fi51fl'' ±�' _ � .R =} RfY ..rcA 1�1 _ �--a y •�7�x.,+ �___. � +r Y i,-F-•may'! ili LO'iaf av�a u. 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[?� __�^.ly1bL M(oua4rxill�.i.•lnr •��al..gram}f�4 ro rrrr�n^�,a.94T!<94 K+41�* }��Qi a' .. � y +�•a•na��wri Nb.✓L Nc uaK.im.t_orra.ri-aWYrlaro�ar�s uhAyl�r�r F � + tAM1w raw afaM+dioh5+a lilYrYrbJa4. . - •SIP'•-W IV��d/R+T++/W•iW TW,7iii.+t4k#�FT•[0HR•RNLRWIITOiW�04�V ' �' � r�u�ivr H'�ia;��ya.��a���rd v�irs•^'��d,_ro�r'�ia��� I �•,�'�'�++.7.7�r �i�` .. � � or�ai.rk.w+.,.._ry...r.o.n,a•�r.er_�+.r�rr. ■um SYL go" aav , �rtor�r- •+wrrcr*ai•r�wn+�l xi,aawn�l�5+•cxnerlYa�,�rr� rwtrrrr��+ L J — — w�e5��•r,x.*.iw.•ucc,nt��ai,•.•n•.ru J v*•�ra•�71 Mu4�01rK+[[mmro��NR� ma c° ■mum M ■ a I+r 4s6futfons wlr r.� JrIr mn n� o.Iwr �� a1MbYt SHEET t QF 3 Page 3 Page 87 Item#5. C. Landscape Plan(dated: 04/20/2020) PRQMCT JEJ [A JLI1 r—ri. NQAKMM— YAP II ! _ •uSo.'�a;A��.4I W 7►!IFIGY !pe.ew��a� t ..� !v�l sl.µ'. LC!'.14R -1'T,•vm�S E7 1cal!L �l9r.O dl!-0 tErERlLTi'x-}•r•��hU'E9 � ~ r. I nl.�l�e�.Ibobla,,L: IGGENo rk'' _ `"7 ] CMoaevu rM;.": a R -- ti, .. m LS.O 1 _ T ! T —s n �-�. .L L. _,..ram IEUnh _ WL :$}'ry 1 "'..•'A. � I 'F''�:`��'' .mot �. Lm�Pion F fir. Imo— i cc°' ' + rF�;,.,�•--. JI ZJ- -, L+QIo6t�PE FSAH6-141L4Sd Ceti ANC lwo r;,.ti—y_r "� - ,. -.- L1.I Page 88 Eil LEUM T" raenxare: O- " ,.. r � � i i i i i i l i i i i � � •1 _� _ � IWIMAIMMINN®R it. Vff ' 20 is Zorn- TV ,.. xVA---' it ^•,.�— =7 p r7ror•.�MxrxTh� 7J"k�k � • ^ "' " --" d- t r arw}cuorcnrwm4o f #fdf711i� ii - � �� —er= �...... -��F.�-sae• I. . . .. . . '.t�.'.fx — AMR�T-::r.. ���, .a� •", rwrtinrytti� + Page 5 Page 89 Item#5. Jay Gibbons <gibbons@sbbgo_com> ■Sonya Allen; Kent Brown{kentlkb@gmail.com] - 10:52AM Hensley#1 FP -Tree Mitigation 0 You replied to this message on 6f5/202010:52 AM. v Sonya, This email answers the questions regarding tree preservation and mitigation requirements on the referenced project. The condition of approval on the final plat application spoke to a total of 223 caliper inches being removed. During the course of preparing plans for final plat and construction,we have revised the lan;lsca oe J rawi nos. Per our CLI Trent elan set,dated 4-20-2020,we ind icate that aae reduced the number of exi sting trees being removed. This nev,total:eq wires 136 caliper irches to be mitigated for. The landscape dravring L1.D shows required landscape calculations, These ca I cu lations for all required landscape buffers,parking lots,pathways and open space show an extra forty-one(41)2"caliper trees to be planted. An additional twenty-seven(27)2"caliper trees will be planted in residential yards above what is required. Th=s tota Is 63 add itionaI trees being planted on the project in excess of the minimum requirements. The proposed fib trees equate to 136 caliper inches v� hich equals the 136 caliper inches required to be mitigated. We are saving an additional 321 caliper inches of existing trees. These are not counted toward any required landscape requirements,they are simply for the City's information of how many trees are in fact being saved. I hope that this message answers the City's questions regarding satisfying the tree preservation/mitigation requirements as conditioned in the preliminary plat approval. Please let me know if you have any questions or need additional information. JJJJFM SOUTH mm WE 13I R D 7AY A-GIBBONS,PLA,ASLA _.._ . ......... EuDIS�,ID.83T05 �6om�abb�-coat]�ellniwsP�bp_o.eom+ Page 90 Item#5. VI. CITY/AGENCY COMMENTS& CONDITIONS A. Planning Division Site Specific Conditions: 1. Applicant shall comply with all previous conditions of approval associated with this development(H-2019-0120; Development Agreement Instrument Number 2020-029370). 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 first phase final plat; 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 Land Solutions stamped by Clinton W. Hansen, dated: 10/15/2020, included in Section V.B shall be revised as follows: a. Include the recorded instrument number of the existing City of Meridian water and sewer easement on the face of the plat;remove reference to cross-access easement. b. Note#6: "Lots-52-and 57,Block 1 are is a common lots to be owned and maintained by the Hensley Station Homeowner's Association or its assigns. Said lots-afe is covered by blanket easements for public utilities and Hensley Station Homeowner's Association pressure irrigation." The area shown as Lot 52 is an easement on buildable lots and is not a common lot. c. Note#8: Include the recorded instrument number of the Development Agreement(#2020- 029370). d. Note#9: Include the recorded instrument number of the ACHD License Agreement. e. Note#10: Include the recorded instrument number of the CC&R's. f. Legend: "City of Meridian sewer and water,public utility and perpetual injress-egress easement." g. Depict zero(0)lot lines where buildings will span across lot lines. A copy of the revised plat shall be submitted with the final plat for City Engineer signature. 5. The landscape plan prepared by South,Beck&Baird,dated 04/20/2020, included in Section V.C, is approved as submitted. 6. Two(2)benches shall be provided with the fire pit amenity and more than one picnic table shall be provided with the shade structure/picnic area amenity as approved with the preliminary plat. 7. All structures(i.e. single-family attached and townhome dwellings)proposed in this development are subject to the design elements contained in the Ten Mile Interchange Specific Area Plan(TMISAP) and the design standards listed in the Architectural Standards Manual. Design review approval of the proposed structures shall be obtained prior to submittal of building permit applications.A Certificate of Zoning Compliance is not required. Building materialsshould be high quality, such as terra cotta, natural stone, clay-fired units, or other approved masonry materials for architectural details or accents—the strongest use of such should be reserved for street level windows and entries. 8. 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 Page 7 Page 91 Item#5. of mailboxes. Contact the Meridian Postmaster, Sue Prescott, at 887-1620 for more information. 9. All fencing shall comply with the standards of UDC 11-3A-7C. 10. The existing structures on the site shall be removed prior to signature on the final plat by the City Engineer. 11. Private streets are required to comply with the design and construction standards listed in UDC 11-3F-4.All drive aisles shall be posted as fire lanes with no parking allowed. In addition, if a curbs exists next to the drive aisle,it shall be painted red. 12. Staff s failure to cite specific ordinance provisions or conditions from the preliminary plat and/or development agreement does not relieve the Applicant of responsibility for compliance. B. Public Works Site Specific Conditions: 1. A street light plan will need to be included in the Subdivision construction plan set. Street light plan requirements are listed in section 6-7 of the City's Design Standards. 2. The 10-inch sewer line stub to eastern property needs to end in a manhole since the eastern property is not a phase of this development. 3. Provide a 14-foot wide access roadway per the City Standards to the manhole at the eastern property. All manholes must have an adequate path for access. General Conditions: 4. 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. 5. 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. 6. 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. 7. 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. 8. 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. 9. 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 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 Page 92 Item#5. Community Development Department website. Please contact Land Development Service for more information at 887-2211. 10. 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. 11. 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. 12. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 13. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 14. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 15. Developer shall coordinate mailbox locations with the Meridian Post Office. 16. All grading of the site shall be performed in conformance with MCC 11-1-4B. 17. Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill,where footing would sit atop fill material. 18. 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. 19. The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 20. At the completion of the project,the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 21. 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. 22. 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 Page 9 Page 93 Item#5. rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement (marked EXHIBIT A) and an 81/2" x 11" map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted,reviewed, and approved prior to signature of the final plat by the City Engineer. 23. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 24. 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. 25. 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. 26. 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. 27. 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 94 7/tem 77 (:> E IDIAN*-----, AGENDA ITEM ITEM TOPIC: Final Order 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. APPROVED Page 95 Item#6. BEFORE THE MERIDIAN CITY COUNCIL HEARING DATE: NOVEMBER 24, 2020 ORDER APPROVAL DATE: DECEMBER 8, 2020 IN THE MATTER OF THE ) REQUEST FOR FINAL PLAT ) CONSISTING OF 82 BUILDING ) CASE NO. H-2020-0007 LOTS AND 13 COMMON LOTS ON ) 32.92 ACRES OF LAND IN THE R-4 ) ORDER OF CONDITIONAL ZONING DISTRICT FOR SKY ) APPROVAL OF FINAL PLAT MESA HIGHLANDS NO. 1 ) BY: J-U-B ENGINEERS, INC. ) APPLICANT ) This matter coming before the City Council on November 24, 2020 for final plat approval pursuant to Unified Development Code (UDC) 11-6B-3 and the Council finding that the Administrative Review is complete by the Planning and Development Services Divisions of the Community Development Department, to the Mayor and Council, and the Council having considered the requirements of the preliminary plat, the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of"PLAT SHOWING SKY MESA HIGHLANDS SUBDIVISION NO. 1, SITUATED IN THE SOUTHEAST QUARTER OF SECTION 32, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO, 2020, HANDWRITTEN DATE: ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SKY MESA HIGHLANDS NO. 1 FP-2020-0007 Page 1 of 3 Page 96 Item#6. OCTOBER 14, 2020,by ROBERT L. KAZARINOFF, PLS, SHEET 1 OF 13,"is conditionally approved subject to those conditions of Staff as set forth in the staff report to the Mayor and City Council from the Planning and Development Services divisions of the Community Development Department dated November 24, 2020, a true and correct copy of which is attached hereto marked "Exhibit A" and by this reference incorporated herein, and the response letter from Todd Tucker, Boise Hunter Homes, a true and correct copy of which is attached hereto marked"Exhibit B" and by this reference incorporated herein. 2. The final plat upon which there is contained the certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 2.1 The plat dimensions are approved by the City Engineer; and 2.2 The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash surety has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code § 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight(28) days after the final decision concerning the matter at ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SKY MESA HIGHLANDS NO. 1 FP-2020-0007 Page 2 of 3 Page 97 Item#6. issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within twenty- eight(28) days after the date of this decision and order, seek a judicial review pursuant to Idaho Code§ 67-52. By action of the City Council at its regular meeting held on the 8th day of December , 2020. By: Robert E. Simison Mayor, City of Meridian Attest: Chris Johnson City Clerk Copy served upon the Applicant,Planning and Development Services Divisions of the Community Development Department and City Attorney. By: Dated: 12-8-2020 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SKY MESA HIGHLANDS NO. 1 FP-2020-0007 Page 3 of 3 Page 98 Item#6. EXHIBIT A STAFF REPORT E �t��, COMMUNITY DEVELOPMENT DEPARTMENT HEARING 11/24/2020 Legend MMEH � RU DATE: ff TO: Mayor&City Council FROM: Sonya Allen,Associate Planner �LLLUL 208-884-5533 SUBJECT: FP-2020-0007 - R-1 R-15 HE Sky Mesa Highlands No. 1 �- RUT OEM R-1S LOCATION: Northwest corner of S. Eagle Rd. and E. R-5 Lake Hazel Rd., in the SE 1/4 of Section R-S RUT 32,Township 3N.,Range 1E. R- 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 11-6B-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 99 Item#6. 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 100 Item#6. 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 101 Item#6. 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 102 Item#6. 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 103 Eil C. Landscape Plan(dated: 9/2/2020) WON&. mmwaiam= =mo =Cck HI SPOT IMMM ML---- 1=7 INS AEI let L+ El 0 0 00 moo LAW PrI! 00 CGr-- �oo CIDO 6 ULI EEI Item#6. 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 105 ------------ --------------------------- - C)CO IDQO �DL L 0 0 0 c (D (D PCLhRcer�T 00C Page 106 D� 0 00 PLj" Item#6. 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 107 Item#6. 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 108 Item#6. 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 109 Item#6. 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 110 Item#6. 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 Page111 Item#6. 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 112 Item#6. 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 113 EXHIBIT B Item#6. From: Todd Tucker To: Sonya Allen;Adrienne Weatherly;Charlene Wav;Chris Johnson Cc: swonders(a iub.com; Landon Northey Subject: RE:Sky Mesa Highlands Sub. 1-FP-2020-0007 Staff Report 2nd REVISION Date: Thursday,November 19,2020 9:12:36 AM Attachments: imaae013.Dna External Sender -Please use caution with links or attachments. We are in agreement with the staff report. Thanks, Todd Tucker 729 S. Bridgeway Place Eagle, ID 83616 Cell: 208-570-3626 Office: 208-618-2157 B I E HUNTER HOME From: Sonya Allen [mailto:sallen@meridiancity.org] Sent:Thursday, November 19, 2020 9:01 AM To: Adrienne Weatherly<aweatherly@meridiancity.org>, Charlene Way<cway@meridiancity.org>; Chris Johnson <cjohnson@meridiancity.org> Cc:Todd Tucker<ttucker@boisehunterhomes.com>; swonders@jub.com; Landon Northey <LNorthey@boisehunterhomes.com> Subject: Sky Mesa Highlands Sub. 1 - FP-2020-0007 Staff Report 2nd REVISION Revised to correct a typo. Applicant— Please send me a response to the revised staff report. Thanks, Sonya Allen I Associate Planner City of Meridian I Community Development Dept. 33 E. Broadway Ave., Ste. 102, Meridian, Idaho 83642 Phone: 208-884-5533 1 Fax: 208-489-0578 Built for Business, Designed for Living 00000 All e-mail messages sent to or received by City of Meridian e-mail accounts are subject to the Idaho law, in regards to both release and retention, and may be released upon request unless exempt from disclosure by law. Page 114 7/tem 77 (:> E IDIAN*-----, AGENDA ITEM ITEM TOPIC: Final Order for Fairbourne Subdivision No. 3 (H-2020-0008) by Fairbourne Development, LLC, Located at the North of W. Chinden Blvd. and West of N. Black Cat Rd. APPROVED Page 116 Item#7. BEFORE THE MERIDIAN CITY COUNCIL HEARING DATE: 12/1/2020 IN THE MATTER OF THE ) REQUEST FOR FINAL PLAT ) CONSISTING OF 65 BUILDING ) CASE NO. H-2020-0008 LOTS AND 8 COMMON LOTS ON ) 23.26 ACRES OF LAND IN THE R-8 ) ORDER OF CONDITIONAL ZONING DISTRICT FOR ) APPROVAL OF FINAL PLAT FAIRBOURNE NO. 3. ) BY: FAIRBOURNE ) DEVELOPMENT, LLC, ) APPLICANT ) This matter coming before the City Council on December 1, 2020 for final plat approval pursuant to Unified Development Code (UDC) I 1-613-3 and the Council finding that the Administrative Review is complete by the Planning and Development Services Divisions of the Community Development Department, to the Mayor and Council, and the Council having considered the requirements of the preliminary plat, the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of"PLAT SHOWING FAIRBOURNE SUBDIVISION NO. 3, LOCATED IN THE E %2 of the SE '/4 OF SECTION 21, TOWNSHIP 4N, RANGE 1 W, B.M., MERIDIAN, ADA COUNTY, IDAHO, 2020, HANDWRITTEN DATE: 9/23/2020,by KYLE A. KOOMLER, PLS, SHEETS 1 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR FAIRBOURNE NO 3 —FP H-2020-0008) Page 1 of 3 Page 117 Item#7. & 2 OF 5," are conditionally approved subject to those conditions of Staff as set forth in the staff report to the Mayor and City Council from the Planning and Development Services divisions of the Community Development Department dated December 1, 2020, a true and correct copy of which is attached hereto marked"Exhibit A" and by this reference incorporated herein, and the response letter from Sam Johnson, a true and correct copy of which is attached hereto marked"Exhibit B" and by this reference incorporated herein. 2. The final plat upon which there is contained the certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 2.1 The plat dimensions are approved by the City Engineer; and 2.2 The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash surety has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code § 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight(28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR FAIRBOURNE NO 3 —FP H-2020-0008) Page 2 of 3 Page 118 Item#7. Please take notice that this is a final action of the governing body of the City of Meridian,pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within twenty- eight(28) days after the date of this decision and order, seek a judicial review pursuant to Idaho Code§ 67-52. By action of the City Council at its regular meeting held on the 8th day of December , 2020. By: Robert E. Simison Mayor, City of Meridian Attest: Chris Johnson City Clerk Copy served upon the Applicant,Planning and Development Services Divisions of the Community Development Department and City Attorney. 12-8-2020 By: Dated: ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR FAIRBOURNE NO 3 —FP H-2020-0008) Page 3 of 3 Page 119 Item#7. EXH I BIT A STAFF REPORT E IDIAN -- COMMUNITY DEVELOPMENT DEPARTMENT .►A H O HEARING 12/1/2020 Legend DATE: 0Prnjeat Location TO: Mayor&City Council FROM: Alan Tiefenbach,Associate Planner -- ----- it 208-489-0573 _ b SUBJECT: H-2020-0008 Fairbourne No.3 LOCATION: The site is located at the NWC of W. _ Chinden Blvd and N. Black Cat Road, in ----------- the SE '/4 of Section 21, Township 4N., Range 1 W. I. PROJECT DESCRIPTION Final plat consisting of 65 buildable lots and 8 common lots on 23.26 acres of land in the R-8 zoning district. II. APPLICANT INFORMATION A. Applicant/Owner/Representative: Sam Johnson, Fairbourne Development LLC—2701 E. Pine Ave, Meridian, ID 83642 III. STAFF ANALYSIS Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plat(H-2018-0052)in accord with the requirements listed in UDC 11-6B-3C.2. Amenities proposed with this final plat include 3 micro-pathways and a pathway along the north periphery which connects to an approximately one acre open landscaped area consisting of a pond and several waterfalls (shown in Lot 29 of Block 3). The proposed amenities are consistent with what was approved with the preliminary plat. However, staff notes the Applicant is crediting parkways shown along the internal roads as common open space. 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. There is an additional micro-path and common lot between Lots 19 and 21 of Block 5 that was not included on the preliminary plat which has increased the amount of common open space. Otherwise,there is no change to the number of buildable lots or Pagel Page 120 Item#7. common open space. Therefore, Staff deems the proposed final plat to be in substantial compliance with the approved preliminary plat as required. IV. DECISION Staff recommends approval of the proposed final plat with the conditions noted in Section VI of this report. V. EXHIBITS A. Preliminary Plat(date: 5/4/2018) Mi - FAIRBOURNE SUBDIVISION fr PPoa4:EC Bf�Nw WM uurt —_ I.r.a L.awuaa.0 wMe~' — R 141 wIX C__]yFN W✓E IAT -- — —mww�m wymn u� we rrvluL I1 Ir 3 .j I gN��u�d�i.e � ��• 'S4 •�'I 'S AI.E r1U IA1Y idi - — •I A � i .[.pu�'1� w � — anrL o�vu � 1� 11 •r�c� I `� �l�,i^^�^" �,wFF� •r � .a.e _- x I I I ' � � � 9 � ° I��°_°• '_P'^ ° m i5 w 'F o,�', m ipll '�,�'I, rrorEs V 96 II L_.i--11 —� --- 'n �13 i ��' �llI1��� III rr!9����� 13� '�q,��g �� ! �� � •�I " r U J k� 2 r, AEI W V V I •_� III � L Page 121 Item#7. B. Final Plat(date: 9/23/20) FAIRBO RAT SUBDIVISION NO. 3 BOWA PORbU OF7FEE 9,2#7HESE W OFSEG77[7M27, 70WAN4b-4 ACff+t wave€r xEsr CrrraF cW 4G4 CaWTI UV-V • um� 54#WIaV'M--LE a#TA@Vf,LLO tEEEEiA xwe r :JiJJr fNr Tc ,,,.,my. f!fJM p�R��+�ywT x F_ld3d"1 J]I JJ' V !OA'Sr x 7�>✓ rJ+d-0Y _ � � J6Y.ti55NN �fP ILrJY m {PF' •+..s q}ap' P , - JIL fp' W' �¢� f3f W itiy� q-w iu C4i !y 6 rJ rrJr • .S �r�Jv 4 .tar � p b R- � 7.r°'.' •� �- pS n t ",gyp,. I: t.^ pro, r-xv a-JSJ u-rar r-,m a-+oo o-w.• a Aaa I x a�rJ-r ar•m' * q I 4 $ Jv Jn' u u Fak*f has p S 16 C 2 5 �•+ t n ` r� Je 5 y ar M t w 3 t Ryp`p I� �p p x -w - ii � �J iltlP n ]Y 7 x INw' x �-r Jrm ui 7 a C rJaar' { r4 4 arap J0.�' .erarr rcrJYr Jars- + i A 5 �� w ��„•I� �h u ;'� � r+�nr4a aanm,.r � I- �� a aovoP a uc<w'. rw r YL s Y j5 S r- � a � ro � .tix• a-�sJ r-.uo y JJOrtJ y ; r--M 3 n '� R r_rraF_`J•' n cYr 5 1 •4 r JOYI JJYY r n tvr W r� -cy y IL AWSWt i 4�� � I j � ��is P �,.Jr o-,.0 r�r�l s n. i ^ dY� k�typ � �rar• y h q 4 � 4 �� Jeaa'r t k to 4•� raxarr JsxJ.- # pcorsw JaorJww fF OVQMW A1[ � ix,-:<.a dr".aer Jfr rw as 1J3rn �—� .. � c• r-, fd I .o.Jcr w I +�r 4+a�+,v • n.,o y+"ra ar.arr:rxo L n.sx ew oa,a rraa I au.o vJ-rew rrr+rxr ruJ ieaY "' '..�F3fG44 a.sx ew oR+r Aaam .'xTJ�E}T fA,$EAfFNI u.o JJTi uw ava.r�� I ] A tLIDR'.4TAIQ7E:5 �+nvJ-xv:w�r.rns+anc $�i..y,wvr iYNl+r+o`F 3 F # F 1.A qJ �� "•��RJF ��1 a ____— �a-'vr�� LIDS 9L9PFE7 LA'f6L4SJmm AG' arar •er�x JJCM„�a°P ucf ..e�Yr t- 7 kilo- —-— >�r�r•v�x 4 k �a brwM r'ara 11 Kier Cf Rdr ..,r�` t axr1 Page 3 Page 122 Item#7. FAIRBOURNE SUBDIVISION NO. 3 ;3ONGA FMr"VOF TIFFXCOF MEW fMLr,%Xf 27, r0PWmSAW,fAVRT;t R.W[� E.S I9T 50MEA �CTY0FAIXMGA M Gt3I.iY7Y,Ar C '!FAff00 'nFLE1,a0PA0VT,r&2 ''romr x .20,20 4 M x u A 4ti ]ip A .��r,.•. •ea q $$ vaw � k •wa�a•r �InS a w �� iaa m , mr,' Y. I muc �r tt x eccr� 8 4" � Tf r�€��4�Y-0�J°"•1P a Liar I DE�J'IIL f1 � l � w � a" �• y a'o'' I� NOT 70 SCE'- rl SHEET 1 T ' faM'r rn�r SHEET 7 �' &LA1T3FA4 4 ° - r ■ ��•€ f p4VELM TA L 96—LM TA -ter c wwroM ,r< I.fr."m �r F�,r 'WT'Ar w'1X Ai aw a .4.uerwaw•.em.tr,ee $1FtA/NT k L a lase. I y ,i to, .r .•rca mwn —-— x+a'a'�e+r r-,ea..r•.rJ w�„r�u01V „ ''r' -- aa�we ———rs�c.r,u xo,�r SFfFiYF`T 2 OF 5 ... ... ... Page 123 C. Preliminary Plat Landscape Plan(date: 5/4/2018) + L L 13D CD (D f RNE np (r CD -ID C Mom Page 5 Item#7. D. Proposed Landscape Plan(date: 10/9/20) __-G--- —P-- LANDSCAPE LEGEN[ Vr —•N_� _ -- - - w _ __ BLOCK 5 ` Il I I � I I I I � li •� .,roam.. tj r 1 l I 1 = ,i �• I• `,. � t it I I I BLOCK b � i i ® � r■ OC�O mme-ti'a x�ri a® I I ' {i• CALLOUT LEGEND x _ • BLOCK B n y _ KEY MAP c� a 1.•a PLANT SCHEDULE NI runnfI OWMM N&W INZE I `' I� fOCK 5 .:,,a..,.«d..e..b.. I .. _-__ -__---- ,.d ..,d...e. AR Page 125 __ _ r w------------------- e Item#7. -------- ----- ------------ - --- --------- — -------� .� r , 1 '1 II 1 Ks „ l y i w,;w• 1 d I r r 1 F a 1i w L � UF'i•'� i ' S 1 L Q rl , 1 I 4 5 1 1 M�y,�T�CH_INE-SEE SHEET LU M ME ME r 1 N TCHLINE-SEESHEETLI.3 ,._ w _ 1+ M6TCHLINE-SEE SHEET J.2 1 eeee� ME. i r� k*l—er er MEM er�eeee�■ ■■ a P.R TCHLINE-$ee SHEET 11.3 >t CITY OF MERIDIAN -- 4 LANDSCAPE REQUI SUMER 1'•1 W tV� �mmaun MLll FI- W CAKFOFU COWRY SLUM - n— -ram a ua6W]t�ffi2 1 L '\ > 1 1 r+ s M�2LINE-SEE SHEET LI.3 . MA7CHLI NE SEE SHEET Lly MATCHL INE-$EE SHEET L1,4 MATCHLINE-SEE SHEET US PHASE THREE LANDSCAPE PLAN-AREA THREE Page 7 Page 126 Item#7. MATCHLINE-SEE SHEET LU ■�rr� r rr WOOL rr rrrr*ra■ Y.M.�k Rr iffPI .■ ■�.R © y LsJ hWTCHLINE-SEE SHEET LIek MOCK 3 B�ocx a Y 4 a I ■ {{ i� - �'' 3 E — 5i■R ` � v �fy� ROAL 6 MATChLINE-SEE SWEET LI,S r r rarer i t rr�K. r rr�SUE rr��' rr� r rr�r rrr� r rr� MA'CHLINE-SEE SHEETL',5 � 4 Ll yL 4 y ` r' l r � � ' r +4,4 + +++ i + \\ i�'�'•�. r c 1` ——_ —fir �+." •;�;;�'a •,~•.•. y"'•�. � _ r } Page 127 Item#7. VI. CITY/AGENCY COMMENTS & CONDITIONS A. Planning Division Site Specific Conditions: 1. Applicant shall meet all terms of the approved annexation(Development Agreement-Inst. #2018-098361, and preliminary plat(H-2018-0052) 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 Council's approval of the preliminary plat(on or before August 12,2022); 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 Civil Survey Consultants, Inc, stamped by Kyle A. Koomler, dated: 9/23/2020, shall be revised as follows: a. Note#11: Include the recorded instrument number of the ACHD Landscape License Agreement. b. Note#13: Include the recorded instrument number of the permanent easement contiguous to all streets. c. Note#9: Add Lot 1 of Block 12 and remove Lot 1 of Block 10. d. Note#5: Revise the front Public Utilities,Drainage and Irrigation Easement to be Ten feet (10')wide. e. Add the following note: Maintenance of any irrigation and/or drainage pipes or ditches crossing a lot is the responsibility of the lot owner unless such responsibility is assumed by an irrigation/drainage entity or lot owner's association. 5. The landscape plan prepared by Breckon Landscaping, dated 10/09/2020, is approved with the following condition: a) Prior to submittal for the City Engineer's signature,the landscape plan will be revised to include details of the pond and waterfall features in Lot 29,Block 12. 6. Future development shall be consistent with the minimum dimensional standards listed in UDC Table 11-2A-6 for the R-8 zoning district. 7. 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. 8. Staff s failure to cite specific ordinance provisions or conditions from the preliminary plat and/or development agreement does not relieve the Applicant of responsibility for compliance. B. Public Works Site Specific Conditions: 1. Prior to final plat signature,the applicant shall provide a letter from the Pioneer Irrigation District that establishes the edge of the Statutory Easement for the operation and maintenance of the Phyllis Canal. This easement shall also be graphically depicted on the final plat. 2. Sanitary sewer manhole SSMH B-5 and SSMH D1-3 have pipe angles less than 90-degrees. Adjust these manholes so that minimum pipe angles through the manhole is 90-degrees or greater. Page 9 Page 128 Item#7. 3. On sheet 16 of 20 of the construction plans,Lot 3 has an unidentified structure on the lot with a service line going through it. If this is an infiltration trench or some other storm water structure, adjust sewer service westerly to avoid it. 4. The domestic water system in this subdivision will be owned and maintained by Suez North America. General Conditions: 1. 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. 2. 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. 3. 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. 4. 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. 5. 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 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. 6. 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. 7. 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. 8. 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. 9. 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. 10. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. Page 129 Item#7. 11. Developer shall coordinate mailbox locations with the Meridian Post Office. 12. All grading of the site shall be performed in conformance with MCC 11-1-4B. 13. 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. 14. 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. 15. 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. 16. 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. 17. 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. 18. 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. 19. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 20. 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. 21. 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. 22. 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 Page 11 Page 130 Item#7. connection to the culinary water system shall be required. 23. 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 131 Item#7. From: Sam Johnson To: Alan Tiefenbach Subject: RE: Fairbourne Date: Tuesday,November 10,2020 12:10:59 PM External Sender - Please use caution with links or attachments. We are not counting the street buffers as common spaces. Trees are shown there just as we did for the previous phases so we get ACHD's and City's approvals for the species in those buffers. SAM JOHNSON CHIEF OF STAFF From: Alan Tiefenbach <atiefenbach@meridiancity.org> Sent:Tuesday, November 10, 2020 11:59 AM To: Sam Johnson <sjohnson@scentsy.com> Subject: [EXT] RE: Fairbourne Sam, sorry to pester, but I need to know ASAP as the deadline for the clerk is today. If you are counting the landscape strips along the internal roads (Willowside, Canaston, Adale) as common open space, they need to be planted with at least 1 tree per 35 linear feet. If you're not counting them,then all is good. Otherwise, I have to condition the plat that the landscape plan will be revised prior to signature of City Engineer. Alan Tiefenbach [ Current Associate Planner City of Meridian I Community Development Dept. 33 E. Broadway Ave., Ste. 102, Meridian, Idaho 83642 Phone: 208-489-0573 1 Fax: 208-489-0571 Built for Business, Designed for Living From: Alan Tiefenbach Sent:Tuesday, November 10, 2020 9:21 AM To: 'Sam Johnson' <siohnsonl@scentsy.com> Subject: Fairbourne Sam, On Page L-1.5 of the Fairbourne Landscape Plan, the Landscape Requirements Table indicates no trees are required along the N. Willowside, W. Canaston, N. Adale... buffers, although you do show some provided. Are you counting these street buffers as your common open space? If so, trees will need to be provided at 1 per 35 linear feet. Page 132 Item#7. Alan Tiefenbach Current Associate Planner City of Meridian Community Development Dept. 33 E. Broadway Ave., Ste. 102, Meridian, Idaho 83642 Phone: 208-489-0573 1 Fax: 208-489-0571 C4fE IIR�I Built for Business, Designed for Living City of Meridian 33 E. Broadway Ave., Meridian, Idaho 83642 Phone: 208-888-4433 www.meridiancity.org All e-mail messages sent to or received by City of Meridian e-mail accounts are subject to the Idaho law, in regards to both release and retention, and may be released upon request, unless exempt from disclosure by law. Page 133 7/tem 77 (:> E IDIAN*-----, AGENDA ITEM ITEM TOPIC: Approval of Grantee Agreements for the Meridian Small Business Grant Program APPROVED Page 134 Item#8. C� fIEN , IN4, IDAHG-. MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Tori Cleary, Community Development Meeting Date: December 8, 2020 Presenter: Tori Cleary Estimated Time: 0.0 Topic: Approval of Grantee Agreements for the Meridian Small Business Grant Program Recommended Council Action: Approve six Grantee Agreements for the Meridian Small Business Grant Program. The following six Grantees have been approved through the Municipal Small Business Grant Program made possible through Coronavirus Aid, Relief, and Economic Security Act (CARES) Act funding. The Grantees, grant amounts, and grant purposes are listed below: Case Name Amount PPE Testing Invent. Equip. Rent Utilities Approved A Step Ahead Preschool&Childcare, Inc. $10,0m.00 X Dreamland Education Center, Inc. $10,000.00 X X Hart E Beal,Inc. $667.32 X Rs Physical Therapy PC $10,ODO.OD j X TV Meridian Pita LLC $10,DO0.00 X Treasure Valley Strength&Conditioning LLC $10,000.00 X X Background: This is the second round of Agreements for approval under the Meridian Small Business Grant Program, created through the City Council designation of$1 million of the City's CARES Act funding allocation. Following staff review of applications and confirmation of business/organization eligibility and documentation of qualifying business expenses,grant applications are sent to a Review Committee comprised of the Chief of Staff, Finance Director, and a representative from the Chamber of Commerce Economic Development Committee. Following City approval, applications are forwarded to the State. The State has agreed that these six grantees and the City-approved expenses are eligible for reimbursement. Page 135 Item#8. A[,Itl�:l?MF.NT IiF.TWEF:N ('ITV OF ATERII)I.r ti %NIW A STET AHEAD I"RESC'11001, & C'IIILDCARE, INC. FOIL 11) I I I() REIROUNDS-- MANIA IV.11. 1%)U%LI, BUSINESS GRANT F11Nla1 ]-his Agreement is entered into(his A_5 day of JVau . 2020 by and between the City of Meridian,a municipal corporation organized under the laws of the state of Idaho("C'ily")and A Slep Ahead Preschool & ('Ilildcare, Inc.,a general business corporation organized under the laws of the state of Idaho ("Grantee"). WHEREAS,having received federal financial assistance,as sue term is defined in 2 CFR § '00.40, from the Coronavirus Relief Fund.designated within'ritie V.section 5001 of the Coronavirus Aid, Relict;and Economic Security Act, P.L. 116-136.42 U.S.C. § 601 ear seq• (the"CARES Act"), the Slate of Idaho("State")created (he Idaho Rebounds-Municipal Small Business Grant ("MSBG-) program to help focal 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 COV ID-M-related business closures or limitations;and WHEREAS,pursuant to the State's approval of Meridian's MSBG program on Septcmher 11, 2020, City seeks to disburse MSBG funds to Meridian small businesses for the reimbursement ref' expenses incurred due to the COVID-19 pandemic,as set forth in Title V. section 5001 ofthe CARES Act; Idaho Governor's Executive Order Nos. 2020-07,2020-09,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 ,Ill 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 ofsuch funds to City; NOW,THEREFORE,in consideration of the mutual covenants of the parties, the Parties agree as follows: 1. STATEMENT OF WORK A. Activities. Grantee shall use City's MSBG funds in an amount not to exceed Tel]Thousand Dollars($10,000.00). 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: MSBG GPANTFE AoRi-.EMLN3 PAC'ir i Page 13Ei 1. (iranive has 500 or fewer employees, 2. [_irantec is it business operating in the City of Meridian, Idaho city Iimiis. 3. t.irantee has an official EIN. 4. Grantee is an Idaho-domiciled business. 5. Grantee incurred and paid the expenses for which the MSBG funds arc awarded. G. Grantee has incurred expense caused by COV ID-19 related incidents.decisions,or qualified business interruption(e.g., local closure orders, treed 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. S. Grantee has not received funds far the expenses for which the MSBG funds are awarded from other COVID-l9 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 liar 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 L'xhibitA, 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 shalt retain all records pertinent to the expenditures incurred under this Agreement for a period of five(5)years after compaction 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.idalto.gov website and on the City ol'Meridian's Economic Development webpage,and may be disclosed upon request in accordance with the Idaho Public Records Act. 11.GENERAL CONDITIONS A. Contingent on funding. It is acknowledged by the Parties that although the State has approved the Meridian MS13G 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 fitnds to City,City shall have no MSBG GRANTF l-.AORVENIENT I'Mic 2 Page 137 Item#8. contractual. legal,or equitable obligation to Grantee, whether under this Agreement or by any other legal or equitable claim. In the even[that MSBO funds for the purposes set forth in this Agreement auz riot made available to City.this Agreement shall be void,and City shall have no obligation to Cirantee, 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 A Step Ahead Preschool&Childcare, Inc. Attn: Economic Development Administrator Attn: Christina Sullivan,President 33 E. Broadway Avenue 3348 N. Meridian Road Meridian,Idaho 83642 Meridian, ID 83646 Either party may change its authorized representative and/or address for the purpose of this paragraph by giving ►vritten 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§y 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 r-<<pard 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 ►►ithin 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. I. 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, MSBG GRANTEE AGRErmLN'r P,►(;t-3 �Pg, Item#8. regulation, statute,executive order,or U.S. Treasury,Stale.or City guideline. rolicY or directive as may become applicable at any time, b. Failure to tul fill in a timely and proper manner its obligations tinder this Agreement; e. ImproPcr use of liutds provided tinder this Agreement:or d. Submission ot'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 sha11 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 fourieen(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 agrecment without prior written consent of City. 1, Non-waiver. Failure of either party to promptly enforce the strict performance of any term of this Agreement shall not constitute a waiver or rel i nquisliment 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 ally time provided that sueh 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: A Step Ahead Preschool &Childcare, Inc. 4cisina Sui[ivart, President CITY: Cite of Meridian Attest: By: Robert E. Simison,Mayor Chris Johnson.City Clerk MSBG GRANTCF AGREEMENT t u.i 4 Page 139 EXHIBIT A: APPROVED EXPENSES Eligible Expense Amount September Rent 8500.00 October Rent 85m00 7otaf Eligible Expenses 17,0MQ0 GRANT AWARD $10,000.00 MSRL1[ik 7L Et i At ki I lol NI Pma3 5 - Page 140 Item#8. AGREEMENT BETWEEN CITY OF MERIDIAN AND DREAMLAND EDUCATION CENTER, INC.FOR IDAHO REBOUNDS—MUNICIPAL SMALL BUSINESS GRANT FUNDS This Agreement is entered into this :5 -)day of A/,V �024 by and between the City of Meridian,a municipal corporation organized under the laws of the state of Idaho("City")and Dreamland Education Center, Inc., a general business corporation 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, 2020-05, and 2020-08A; U.S. Treasury's Coronavirus Relief Fund Guidance for State, Territorial, Local,and Tribal Governments(Dated:Tune 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: 1. STATEMENT OF WORK A. Activities. Grantee shall use City's MSBG funds in an amount not to exceed Ten Thousand Dollars(510,000.00), for the approved expenses,as set forth in I xhihit 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 insets each of the following criteria: 1. Grantee has 500 or fewer employees. MSBG GRANTEE AGREE.mFNT PAGE t Page 141 Item#8. 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. S. 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 Iobbyist 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 Ionger 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 terns 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 fransparent.idaho.gov website and on the City of Meridian Is Economic Development webpage, and may be disclosed upon request in accordance with the Idaho Public Records Act. H.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 fiords to City,City shall have no 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 MSBG GRAN,r ff AGRFFMENT PAcL:2 Page 142 Item#8. 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 Dreamland Education Center, Inc. Attn: Economic Development Administrator Attn: Susan Ehteshaml,President 33 E. Broadway Avenue 875 W. Franklin Road Meridian,Idaho 83642 Meridian,ID 83642 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 live(5)days to cure the deficiency or non-comp]lance. 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 directive as may become applicable at any time; MSBG GRANTEE AGREEMENT PAGE 3 Page 143 Item#8. b. Failure to fulfill in a timely and proper manner its obligations under this Agreement; c. Improper use of fiords provided under this Agreement.or d. Submission of receipts,reports, or documents that are incorrect or incomplete in any auatenal 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: - Dreamland Education C"er, Inc. Susan Ehteshami,President CITY: City of Meridian Attest; By. Robert E. Sirnison, Mayor Chris Johnson,City Clerk MSBG GRANTEE AGREE:viE;NT PACiI::4 Page 144 Item#8. EXHIBIT A: APPROVED EXPENSES 04ibie Expense Amount Rent-Ju#y 12.000.00 I nterMou ntain Ga s-.!u#y 18,78 lnterMountain Gas-August 18.24 InterMourstain Gas-September 18.24 Idaho Power-Jul (39-a48)Prorated 247..44 Idaho Power-rAet st 483.39 Idaho Pourer-September 342.85 Centurykink-July 196.98 Cantu ry ink-August 204_06 Centt€ryink-September 201,35 T atat EligibEe Expenses 13,731.32 GRANT AWARD MSBG GRANT-FF.ACIRF..FMFNT PACE 5 Page 145 Item#8. AGREEMENT BETWEEN CITY OF MERIDIAN AND HART E BEAL, INC. FOR IDAHO REBOUNDS—MUNICIPAL SMALL BUSINESS GRANT FUNDS This Agreement is entered into this 8th day of December ' 2020 by and between the City of Meridian, a municipal corporation organized under the laws of the state of Idaho ("City") and Hart E Beal, Inc, a general business corporation 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: I. STATEMENT OF WORK A. Activities. Grantee shall use City's MSBG funds in an amount not to exceed six hundred sixty seven dollars and eighty two cents ($667.82), 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: MSBG GRANTEE AGREEMENT PAGE 1 page 146 Item#8. 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 MSBG GRANTEE AGREEMENT PAGE 2 Page 147 Item#8. 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 Hart E Beal, Inc Attn: Economic Development Administrator ATTN: Hart Beal, Owner 33 E. Broadway Avenue 2875 E Loon Creek St Meridian, Idaho 83642 Meridian, ID 83642 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 MSBG GRANTEE AGREEMENT PAGE 3 page 148 Item#8. 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 Rinds disbursed. H. Assignment. Grantee shall not assign or transfer any interest in this agreement without prior written consent of City. 1. Nun-waiver. Failure of either party to promptly enforce the strict performance of any tern.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 a]1 applicable federal state,and local laws. l_ 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 agreemcrrts 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. EY WITNESS WHEREOF,the parties shall cause this Agreement to be executed by their duly authorized offiecrs to be effective as of the day and year first above written. GRANTEE; Hart E Bea CITY: City of Meridian Attest: Sy Robert E_ Simison, Mayor Chris Johnson, City Clerk MSBG GRAN-rm AGREBuIBNT PAGE 4 Page 149 Item#8. EXHIBIT A: APPROVED EXPENSES Eligible Expense Amount Sparklight-July 55.00 Sparklight-August 55.00 Sparklight-September 55.00 Sparklight-October 55.00 Sprint-July 138.42 Sprint-August 148.42 Sprint-September 160.98 Total Eligible Expenses 667.82 MSBG GRANTEE AGREEMENT PAGE 5 page 150 Item#8. AGREEMENT BETWEEN CITY OF MERIDIAN AND RS PHYSICAL THERAPY PC 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 RS Physical Therapy PC, a Professional Service Corporation 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 seen. (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 COVI1)-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-I9-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 ❑f 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 .Tune 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 fiends 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: I. STATEMENT OF WORK A. Activities. Grantee shall use City's MSBG funds in an amount not to exceed ten thousand dollars ($10,000), for the approved expenses, as set forth in Exhibit Q. 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: MSBG GRANTEE AGrtrErkiE vT PAGE 1 Page 151 Item#8. I. 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. S. Grantee has not received funds for the expenses for which the MSBG funds are awarded from other COVID-l9 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 MSBG GRANTEE AGREEMENT PAGE 2 Page 152 Item#8. 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 Citv: If to Grantee: City of Meridian RS Physical Therapy PC Attn: Economic Development Administrator ATTN: Randy Langley, Owner/President 33 E. Broadway Avenue 2204 E Lanark St Meridian, Idaho 83642 Meridian, ID 83642 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 perfonnance 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 MSBG GRANTEE AGRELM NT PAcn:3 Page 153 Item#8. 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. 1. 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. GItANTE RS Phys alerapy PC Randy Vngley, w r/Pre ident CITY: City of Meridian Attest: By: Robert E. Simison, Mayor Chris Johnson, City Clerk MSBG GRANTLG AGREEMENT PAGE 4 Page 154 Item#8. EXHIBIT A: APPROVED EXPENSES Eligible Expense Amount Rent-July 3306.67 Rent-August 3306.67 Rent-❑ctober 3306.67 PPE-Plastic Shield 79.99 Total Eligible Expenses 10,000.00 MSBG GRANTEE AGREEMENT PAGE 5 Page 155 Item#8. AGREEMENT BETWEEN CITY 01?MERIDIAN AND TV MERIDIAN PITA LLC FOR IDAHO REBOUNDS—MUNICIPAL SMALL BUSINESS GRANT FUNTDS This Agreement is entered into this 2-914 day of Wk)h",2020 by and between the City of Meridians, a municipal corporation organized under the laws of the state of Idaho ("City) and TV Meridian Pita.LLC,a.Limited Liability Corporation organized under the laws of the state of Idaho ("6rantcc'). WHEREAS,having received federal financial assistance,as such tern is defined in 2 C'1'It 200.40,from the Coronavirus Relief Fund,designated within Title V,section 5001 of the Coronavir«s 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 Rebound,-,—Municipal Small Business Grant("MSBG") program to help local businesses and organi7mtions afFected by C OVID-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 lousiness interruptions due to COV1D-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 C0'vTID-19 pandemic,as set forth m Title V, section 5001 of the CARES Act;Idaho Governor's Executive Order Nos.2020-07, 2020-08,and 202"gA;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 14SBG 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 ftrzth 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 fiends to City; NOW,THEREFORE, in consideration of the mutual covenants of the parties,the Parties agree as follows: I. STATEMENT OF WORD A. Activities. Grantee shall use City's MSBG funds in an amount not to exceed ten tbousand dollars ($10,000),for the approved expenses, asset 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: MSBG G TEe At;&EEMENT PACES I Page 156 Item#8. 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. 5. Grantee has incurred expense s,aused by COVID-19 related incidents, decisions, or qualified business intemiption(e.g.,local closure orders,need for personal prntective 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. S. Grantee has not received funds for the expenses for which the MSBG funds are awarded from other COVED-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 anypoint during 2020. 10.Grantee is compliant in all respects with all COVID-19 related orders, laws, ordinances; and. regulations. C. Ongoing eligibility; dupl"ecation 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.. IfCmantee receives or applies for other finding sources for the expenses described in this Agreement,Gra dee 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 o_freceipt 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 Tdaho. Insofar as such records are exempt from disclosure under 1PRA 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 trausparent.idaho.gov website and on the City of Meridian's Economic.Development wcbpage, and may be disclosed upon request in accordance with the Idaho Public Records Act. ILL GEDMRa 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 tlx:funds to City, City shall,have no N4SBG GRANTEE AGREEMENT PAG E 2 Page 157 Item#8. 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 TV Meridian Pita LLC Attn: Economic Development Administrator ATTN:Ashley Smith,Owner 33 E.Broadway Avenue 5798 W Victory Rd Meridian,Idaho 53642 Nampa,ID 83697 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 an&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 o f 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 o'frace,color, creed,religion,ancestry, national origin., sex, disability or ether 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 sball 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, l. '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 emotive 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 MLSEG Rules,or any rule, regulation,statute,executive order, or U.S.Treasury, State, or City guideline,policy or M SBG GRANTEE AGREEMENT PAGE 3 Page 158 Item#8. directive as may become applicable at any time; la. Failure to.fulfill iu 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 evert.that MSBG funds for the purposes set forth in this Agreement are not made available to City,this Agreemcnt 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 tennination for cause attributable to Cmautee'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 onfcrrce 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 WITLESS 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: TV Meridian Pita LLC .Ashley Smith, er CITY: City of Meridian Attest: By: Robert E. Sin icon,Mayor Cbris Johnson,City Clerk MSEG GRANTEE AGREE Ev_ r PAGE 4 Page 159 Item#8. EXHIBIT A:APPROVED EXPENSES Eligible Expense Amount Rent-September 4546.28 Rent-October 4546.28 Rent-November 4546.28 Approved Amount 10,000.00 MSEGGRANTEE AGREEMENT PAGE 5 Page 160 Item#8. AGREEMENT BETWEEN CITY OF MERIDIAN AND TREASURE VALLEY STRENGTH& CONDITIONTG LLC FOR IDAHO REBOUNDS— MUNICIPAL SMALL BUSINESS GRANT FUNDS This Agreement is entered into this_2__oday of AJ o v 2020 by and between the City of Meridian, a municipal corporation organized under the laws of the state of Idaho {"City") and TREASURE VALLEY STRENGTH &CONDITIONING LLC, a Limited Liability Company 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`SCARES 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 COV1D-I9 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: 1. STATEMENT OF WORK A. Activities. Grantee shall use City's MSBG funds in an amount.not to exceed ten thousand dollars ($10,000), 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: MSBG GRAN C'F..F..AGREFNI NT PAGE] Page 161 Item#8. 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. S. 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 terns 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 snake 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 wcbsite and on the City of Meridian's Economic Development webpage, and may be disclosed upon request in accordance with the Idaho Public Records Act. 11. 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 MSBG GRANTEE AGREF..mF.Nj' PAGE 2 Page 162 Item#8. 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 Treasure Valley Strength &Conditioning LLC Attn: Economic Development Administrator ATTN: Seth Conder, Managing Member 33 E. Broadway Avenue 2483 E Fairvew Ave,, Ste. 41.08 Meridian, Idaho 83642 Meridian, ID 83642 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 er 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 elate thereof. 2. Termination for cause. Termination of this Agreement, in whole or irr 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,execrative order, or U.S. Treasury, State,or City guideline,policy or MSBG GRANTEE A"sREEMLN'r PACL 3 Page 163 Item#8. 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. 1. 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. FL 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: Treasure Valley Strength&Conditioning LLC Seth Conder, Managing Member CITY: City of Meridian Attest: By: Robert E. Simison,Mayor Chris Johnson,City Clerk MSBG GHANn E AGREEMENT PAGE.4 Page 164 Item#8. EXHIBIT A: APPROVED EXPENSES Eligible Expense Amount Rent-July 3113.95 Rent-August 3113.95 Rent-September 3113.95 Idaho Power-August 251.35 Idaho Power-September 252.77 Idaho Power-October 197.05 Total Eligible Expenses 10,043.02 Approved Amount 10,000.00 MSBG GRAN-i,p.v,.AokF,' ..mL,, fI PAGE 5 Page 165 7/tem 77 (:> E IDIAN*-----, AGENDA ITEM ITEM TOPIC: Emergency Responders Health Center Professional Services Agreement Renewal APPROVED Page 166 Item#9. C� fIEN , IN4, IDAHG-. MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Meridian Fire Meeting Date: Dec 8, 2020 Presenter: Deputy Chief Joe Bongiorno Estimated Time: 5 minutes Topic: Emergency Responders Health Center Professional Services Agreement Renewal Recommended Council Action: Approve renewal of the Professional Services Agreement Board Certified Physician Services Agreement with Emergency Responders Health Center. Requesting Mayor's signature on renewal. Revised contract has been reviewed by the City of Meridian's Legal Department and Christena Barney in Human Resources. Background: [Provide context and reasoning for the recommendation] Page 167 Item#9. PROFESSIONAL SERVICES AGREEMENT BOARD CERTIFIED PHYSICIAN SERVICES THIS AGREEMENT FOR PROFESSIONAL SERVICES is made this 8th day of December , 2020, and entered into by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "CITY", 33 East Broadway Avenue, Meridian, Idaho, 83642, and Emergency Responders Health Center, LLC hereinafter referred to as "CONTRACTOR", whose business address is 9976 W. Emerald St, Boise, Idaho, 83704. INTRODUCTION WHEREAS,the City has a need for a Board Certified Physician to administer its Comprehensive Occupational Medical Evaluations; and WHEREAS, the Contract is a Board Certified Physician which is knowledgeable and familiar with Fire Service, Comprehensive Occupational Medical Evaluations, Medical Education, Confidentiality, the Health Insurance Portability and Accountability Act of 1996 (HIPAA), and Other "Firefighter Wellness" Program Review and Oversight; and WHEREAS,the Contractor is specially trained, experienced, certified, licensed and competent to perform and has agreed to provide such services; and WHEREAS, the Parties wish to enter into this agreement which would allow the City to avail itself of Contractor's professional knowledge and expertise to administer its Comprehensive Medical Evaluations and offer other services specifically related to education and/or research. NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties agree as follows: TERMS AND CONDITIONS 1. Scope of Services: 1.1 Contractor shall perform and furnish to the City upon execution of this Agreement all services, and comply in all respects, as specified in the document titled"Scope of Services" a copy of which is attached hereto as Attachment "A" and incorporated herein by this reference, together with any amendments that may be agreed to in writing by the parties Contractor shall provide all services on an non-exclusive basis and City maintains its ability to retain other contractors for same or similar services at the City's sole discretion. PSA—Board Certified Physician Services Page 1 of 9 Page 168 Item#9. 1.2 The Contractor shall provide services and work under this Agreement consistent with the requirements and standards established by applicable federal, state and city laws, ordinances, regulations and resolutions, and all applicable National Fire Protection Association(NFPA) Standards. The Contractor represents and warrants that it will perform its work in accordance with generally accepted industry standards and practices for the profession or professions that are used in performance of this Agreement and that are in effect at the time of performance of this Agreement. 1.3 Services and work provide by the physician at the City's request under this Agreement will be performed in a timely manner. 2. Consideration 2.1 The Contractor shall be compensated on a per-patient exam Not to Exceed basis as provided in Attachment B "Payment Schedule" attached hereto and by reference made a part hereof. The total Not-to-Exceed for each fiscal year shall be the allocated budget amount for these services. Additionally, any professional services request for either education and/or research shall be billed at the hourly rate as provided in Attachment B "payment schedule". Such services will be performed only at the request of the Fire Chief. 2.2 The Contractor shall provide the City with a billing statement, as services warrant, of fees earned and costs incurred for services provided,which the City will pay within 30 days of receipt of a correct invoice and approval by the City. The City will not withhold any Federal or State income taxes or Social Security Tax from any payment made by City to Contractor under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums is the sole responsibility of Contractor. 2.3 Except as expressly provided in this Agreement, Contractor shall not be entitled to receive from the City any additional consideration, compensation, salary, wages, or other type of remuneration for services rendered under this Agreement. Specifically, Contractor shall not be entitled by virtue of this Agreement to consideration in the form of overtime, health insurance benefits, retirement benefits, paid holidays or other paid leaves of absence of any type or kind whatsoever. 3. Time of Performance: This agreement shall become effective upon execution by both parties, and shall expire September 30, 2021. This Agreement shall renew annually on October 1 St for a 12 month period or unless sooner terminated by either party. 4. Independent Contractor: 4.1 In all matters pertaining to this agreement, Contractor shall be acting as an independent contractor, and neither Contractor nor any officer, employee, or agent of Contractor will be deemed an employee of City. Except as expressly provided in Attachment A, Contractor has no authority or responsibility to exercise any rights or PSA—Board Certified Physician Services Page 2 of 9 Page 169 Item#9. power vested in the City. The selection and designation of the personnel of the City in the performance of this agreement shall be made by the City. 4.2 Contractor shall determine the method, details and means of performing the work and services to be provided by Contractor under this Agreement. Contractor shall be responsible to City only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of Contractor in fulfillment of this Agreement. 5. Indemnification and Insurance: Contractor shall indemnify and save and hold harmless City from and for any and all losses, claims, actions,judgments for damages, or injury to persons or property and losses and expenses and other costs including litigation costs and attorney's fees, arising out of, resulting from, or in connection with the negligent acts and/or errors or omissions by the Contractor, its servants, agents, officers, employees, guests, and business invitees, and not caused by or arising out of the tortuous conduct of City or its employees. Contractor shall maintain, and specifically agrees that it will maintain, throughout the term of this Agreement, liability insurance in the minimum amounts as follow, General Liability One Million Dollars ($1,000,000)per incident or occurrence, Professional Liability/ Professional errors and omissions One Million Dollars ($1,000,000) aggregate and Workers' Compensation Insurance , in the statutory limits as required by law. The City shall be named an additional insured on the General Liability policy. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless City; and if City becomes liable for an amount in excess of the insurance limits, herein provided, Contractor covenants and agrees to indemnify and save and hold harmless City from and for all such losses, claims, actions, or judgments for damages or injury to persons or property and other costs, including litigation costs and attorneys' fees, arising out of, resulting from , or in connection with the performance of this Agreement by the Contractor or Contractor's officers, employs, agents, representatives or subcontractors and resulting in or attributable to personal injury, death, or damage or destruction to tangible or intangible property, including use of. Contractor shall provide City with a Certificate of Insurance, or other proof of insurance evidencing Contractor's compliance with the requirements of this paragraph and file such proof of insurance with the City at least ten(10) days prior to the date Contractor begins performance of its obligations under this Agreement. In the event the insurance minimums are changed, Contractor shall immediately submit proof of compliance with the changed limits. Evidence of all insurance shall be submitted to the City of Meridian with a copy to Meridian City Accounting, 33 East Broadway Avenue, Meridian, Idaho 83642. 6. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: PSA—Board Certified Physician Services Page 3 of 9 Page 170 Item#9. CITY CONTRACTOR City of Meridian Emergency Responders Health Center, LLC City Clerk Attn: Rob Hilvers, MD 33 E Broadway Ave 9976 W. Emerald St Meridian, ID 83642 Boise, Idaho, 83704 Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. 7. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorneys' fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 8. Time is of the Essence: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. 9. Assignment: It is expressly agreed and understood by the parties hereto, that Contractor shall not have the right to assign, transfer, hypothecate or sell any of its rights under this Agreement except upon the prior express written consent of City. 10. Discrimination Prohibited: In performing the Services required herein, Contractor shall not unlawfully discriminate in violation of any federal, state or local law, rule or regulation against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. 11. Reports and Information: 11.1 At such times and in such forms as the City may require, there shall be furnished to the City such financial statements, records, reports, data and information as the City may request pertaining to the billing matters covered by this Agreement. 11.2 Contractor shall maintain all financial records prepared or compiled in connection with the performance of this Agreement for a minimum of four(4) years from the termination or completion of this or Agreement. 12. Audits and Inspections: At any time during normal business hours and as often as the City may deem necessary, there shall be made available to the City for examination all of Contractor's billing records with respect to all matters covered by this Agreement. Contractor shall permit the City to audit, examine, and make excerpts or transcripts from such billing records, and to make audits of all contracts, invoices, materials, payrolls, PSA—Board Certified Physician Services Page 4 of 9 Page 171 Item#9. records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. The right to audit and inspect shall not include any records protected by the Health Insurance Portability and Accountability Act of 1996 (HIPAA). 13. Compliance with Laws: In performing the scope of services required hereunder, Contractor shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. 14. Changes: The City may, from time to time, request changes in the Scope of Services to be performed hereunder. Such changes, including any increase or decrease in the amount of Contractor's compensation, which are mutually agreed upon by and between the City and Contractor, shall be incorporated in written amendments to this Agreement. 15. Termination: If, through any cause, Contractor, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if the City Council determines that termination of this Agreement is in the best interest of City, the City shall thereupon have the right to terminate this Agreement, in part or in its entirety, by giving written notice to Contractor of such termination and specifying the effective date thereof at least sixty(60) days before the effective date of such termination. Contractor may terminate this agreement at any time by giving at least sixty(60) days' notice to City In the event of any termination of this Agreement, Contractor shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. 16. Construction and Severability: If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. 17. Advice of Attorney: Each party warrants and represents that in executing this Agreement. It has received independent legal advice from its attorney's or the opportunity to seek such advice. 18. Entire Agreement: This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. 19. Public Records Act: Pursuant to Idaho Code Section 9-335, et seq., all billing information and financial documents received from the Contractor may be open to public inspection and copying unless exempt from disclosure. 20. Applicable Law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. PSA—Board Certified Physician Services Page 5 of 9 Page 172 Item#9. 21. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. EMERGENCY RESPONDERS HEALTH CENTER, C B ,MD CITY OF MERIDIAN By: May&Robert f. Sim son ATTEST By: (?t� ( y bFAL Chris Johnson ity Clerk PSA—Board Certified Physician Services Page 6 of 9 Rye t73. Item#9. Attachment A SCOPE OF WORK Comprehensive Occupational Medical Evaluations 1. Complete Medical History • Medical and surgical history • Allergies • Family history • Prior work/exposure history • Reproductive history • Stress evaluation 2. Complete Physical Examination • Vital signs • Ophthalmologic screening 1. Titrnus Vision Screener-TNO Occupational Slides. Includes: I. Right and left acuity, binocular acuity, depth perception, color perception, vertical and lateral phoria. • Body composition (abdominal circumference) • Extensive physical examination (performed by ERHC clinician). •Functional Mobility Testing 3. Immunizations and infectious disease screening (immunization billed separately) • Tuberculosis screen(PPD); annually • Influenza vaccine; offered annually (often provided through cities) • Tetanus/diphtheria booster every 10 years (AdaceI or dT) • Hepatitis A vaccine (2 shot series) • Hepatitis B vaccinations and titers • Hepatitis C virus screen • MMR vaccine (mumps, measles, and rubella) • Polio vaccine • HIV screening; offered annually on a confidential basis "Hepatitis C screen and HIV are done at baseline exam, and repeated if either requested or reported exposure. 4. Laboratory profile • CBC (complete blood count) • Comprehensive chemistry profile • Hemoglobin Ale if fasting glucose > 120. • Fasting lipid panel • PSA (all males over age 45) • Urinalysis (including specific gravity, protein, glucose, and occult blood) • Entry Level/baseline exam: HIV and hepatitis C screening labs. Hepatitis B antibody titer. 5. Radiology • Chest X-ray (PA/lateral); repeat every 5 years. PSA—Board Certified Physician Services Page 7 of 9 Page 174 Item#9. 6. Pulmonary Function Testing • Annual spirometry to include: FVC (forced vital capacity), FEY! (forced expiratory volume in I second); FVC/FEVI ratio. 7. EKG/Exercise treadmill testing • Annual 12 lead resting EKG • Cardiac Stress Test using Gerkin treadmill protocol* 1. Age 40 and over: Annually 11. Age 30-39: Every 2 years 111. Age 20-29: Every 3 years 8. Personal medical report. Each patient will receive a detailed 4 page printout including personalized 'Emergency Responders Metabolic Syndrome' score, individual's comparisons across regional responders, and 'Doctors Notes' section outlining details of medical evaluation. 9. Medical referrals (any referrals to be at examinee's own expense and are not included in the scope of this Agreement) • Referrals to medical specialist as indicated based on history and examination. • Referral to physical therapy for musculoskeletal rehabilitation. • Nutritional counseling for weight management and discussion of healthy dietary choices. 10. Medical Records: Maintain and update medical records. • When indicated or requested, a copy of the exam results can be forwarded to the examinee's personal physician at the examinee's request 11. Written letter of verification of examinee's attendance at scheduled examination. PSA—Board Certified Physician Services Page 8 of 9 Page 175 Item#9. Attachment B PAYMENT SCHEDULE Total and complete compensation for this Agreement shall not exceed the annual budget appropriation for this line item. The amount to be paid for each examination performed by Contractor shall be as follows: TASK DESCRIPTION AMOUNT Comprehensive Occupational Medical Evaluation Task 1 (Per individual Exam) $865 Task 3 Task 4 Task 5 PER EXAM TOTAL $865.00 Other Fees Professional Services Consulting (education and/or research) $250.00/hr. Return to Work/Fitness for Duty exam $865 Mental Health Exam/Appointment-Department required (per visit) $200 PSA—Board Certified Physician Services Page 9 of 9 Page 176 Item#10. (:> E IDIAN*-----, AGENDA ITEM ITEM TOPIC: First Amendment to Subrecipient Agreement Between City of Meridian and Ada County Housing Authority for Program Year 2019 Community Development Block Grant Funds APPROVED Page 177 Item#10. FIRST AMENDMENT TO SUBRECIPIENT AGREEMENT BETWEEN CITY OF MERIDIAN AND ADA COUNTY HOUSING AUTHORITY FOR PROGRAM YEAR 2019 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS This FIRST AMENDMENT TO SUBRECIPIENT AGREEMENT BETWEEN CITY OF MERIDIAN AND ADA COUNTY HOUSING AUTHORITY FOR PROGRAM YEAR 2019 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS ("First Amendment") is entered into this 8th day of December , 2020 by and between the City of Meridian, a municipal corporation organized under the laws of the state of Idaho ("City") and Ada County Housing Authority ("Subrecipient"). WHEREAS, on October 15, 2019, City and Subrecipient entered into Program Year 2019 Subrecipient Agreement ("PY19 SRA"), a cooperative agreement for the investment of Community Development Block Grant("CDBG") funds; and WHEREAS, Subrecipient requires additional time to complete the activities in the PY19 SRA, and changed circumstances require changes in activities and level of service for which the CDBG funds are provided; NOW, THEREFORE, in consideration of the mutual covenants of the parties, the Parties agree as follows: I. PROVISION MODIFIED—STATEMENT OF WORK. Section I.A. of the PY19 SRA shall be amended as follows: A. Activities. Subrecipient shall use City's PY19 CDBG funds in an amount not to exceed forty thousand dollars ($40,000). Subrecipient will be responsible for providing homeownership assistance to eligible households, in a manner satisfactory to the City and consistent with any standards required as a condition of providing the funds. This project is eligible under 13B (Homeownership Assistance). CDBG Funds will be used to reimburse for up to 50 percent of required down payment, to subsidize interest and/or mortgage principal amounts. and/or reasonable closing costs. The primary administrative office is located at 1001 S. Orchard St_, Boise. See Attachment 1 for a map of the service location. II. PROVISION MODIFIED—LEVEL OF SERVICE. Section I.C. of the PY19 SRA shall be amended as follows: C. Level of Service. Subrecipient's activities under this Agreement shall provide at least three 3 I'eur(4)total Units of Service over the terra of this Agreement. For the purposes of this Agreement, "Units of Service" shall be defined as "low-to moderate-income household in City limits." Subrecipient shall verify that the household income of clientele served by City's CDBG funds, as defined in 24 CPR§ 5.609, does not exceed the maximum limits as determined by the U.S. Department of Housing and Urban Development. The current income guidelines are located in the Subrecipient Toolbox at https://ml-ridiancity.or-/cdbg/. M. PROVISION MODIFIED—STAFFING. Section LD of the PY19 SRA shall be amended as follows: D. Staffing. CDBG funds provided under this Agreement may be used for staffing, in an amount not to exceed six thousand,three hundred and seventy-seven dollars ($6,377.00). At least five (5) das prior to Subrecipient's initial reimbursement request, Subrecipient agrees to provide FIRST AMENDMENT TO PY19 SUBRECIPIENT AGREEMENT—ADA COUNTY HouswG AUTHORITY PAGE 1 OF 4 Page 178 Item#10. the City with an Hourly Billing Rate worksheet and job description for each staff member that will be paid using CDBG funds IV. PROVISION MODIFIED—TIME OF PERFORMANCE. Section I.G of the PY19 SRA shall be amended as follows: G. Time of performance. Services of Subrecipient shall start on or after October 1, 2019 and end on January 31, 2021 moor-30, 2020. The term of this Agreement and the provisions herein shall be extended to cover any additional time period during which Subrecipient remains in control of CDBG funds or other CDBG assets, including program income. V. PROVISION MODIFIED—BUDGET. Section II.D shall be amended as follows: D. Budget. Subrecipient shall adhere to the attached budget. Subrecipient shall obtain written approval from City prior to any change in use of funds VI. PROVISION MODIFIED—REIMBURSEMENT REQUESTS. Section H.K.3 shall be amended as follows: — 3. Reimbursement requests. It is expressly agreed and understood that the total amount to be paid by City under this Agreement shall not to exceed forty thousand dollars ($40,000). City will not accept or process reimbursement requests prior to City's reception of Congressional Release of Funds;the CDBG Administrator shall notify Subrecipient of such release and the opportunity to submit reimbursement requests. Reimbursement requests for the payment of eligible expenses shall be made against the activity specified, in accordance with performance, and as expenses are incurred by Subrecipient. Reimbursement requests shall only be accepted via the City's online portal Zees and must be completed in full to be processed. Instructions to submit reimbursement requests are located in the Subrecipient Toolbox at https://meridiancity.org/cdbg/. All reimbursement requests are to be submitted as needed in coordination with the Community Development Program Coordinator. Reimbursement requests shall include the following: transaction detail completed for the relevant draw request period and proof of payment by Subrecipient (such as copy of check and bank transaction information showing payment of check, copy of receipt of payment by contractor or subcontractor, and/or other relevant documentation of payment). Reimbursement requests must be submitted within fifteen(15) calendar days from the close of each month of the program year except for the final reimbursement request. Subrecipient's final reimbursement request under this Agreement must be submitted by Subrecipient no later than January 20,2021 o tebe_20, and must include a Closeout Certification form which can be found in the Subrecipient Toolbox at littps://meridiancity.org/cdbg/. Subrecipient shall forfeit reimbursement for any costs not requested within the timeframes set forth in this provision, unless otherwise authorized, in writing, by City. VII. ALL OTHER PROVISIONS IN EFFECT. All provisions of the PY19 SRA shall remain in full force and effect except as expressly modified by this First Amendment or other duly executed addenda. No other understanding,whether oral or written, shall be deemed to enlarge, limit or otherwise affect the operation of the PY19 SRA or this First Amendment thereto. FIRST AMENDMENT TO PY19 SUBRECIPIENT AGREEMENT—ADA COUNTY HOUSING AUTHORITY PAGE 2 OF 4 Page 179 Item#10. IN WITNESS WHEREOF, the parties shall cause this First Amendment to be executed by their duly authorized officers to be effective as of the day and year first above written. SUBRECIPIENT: Ada County Housing Authority Deanna Watson,Executive Director Date CITY: City of Meridian Attest: By: Robert E. Simison, Mayor Chris Johnson, City Clerk FIRST AMENDMENT TO PY 1 9 SUBRECIPIENT AGREEMENT—ADA COUNTY HOUSING AUTHORITY PAGE 3 of 4 Page 180 Item#10. Amendment Attachment 1 Ada County Housing Authority Homeownership Assistance Program PY19 Project 101 Case Management Direct Assistance Admin Total Award $ 6,377 $ 30,500 $ 3,123 $ 40,000 Draw Date Timeframe 1 2 3 4 5 6 7 8 9 10 11 12 Total $ - $ $ - $ - Balance $ 6,377.00 $ 30,500.00 $ 3,123.00 $ 40,000.00 FrnsT ANENmmni2mT ro PY19 SuBREcnnEMT AGx£eNiFNT—ADA CouNTY HousiNG A=oiuTY PAcm 4 of 4 Page 181 Item#11. (:> E IDIAN*-----, AGENDA ITEM ITEM TOPIC: Resolution No. 20-2246: A Resolution Authorizing the Ninth Continuance of a Local Disaster Emergency Declaration and its Terms for an Additional Thirty (30) Days; Authorizing the Continued Immediate Expenditure of Public Money to Safeguard Life, Health and Property; and Providing an Effective Date APPROVED Page 182 ADA COUNTY RECORDER Phil McGrane 2020-169217 BOISE IDAHO Pgs=3 KRISTINA LOWRY 12/09/2020 08:42 AM CITY OF MERIDIAN, IDAHO NO FEE RESOLUTION NO. 20-2246 BERNT, BORTON, CAVENER, BY THE COUNCIL: HOAGLUN, PERREAULT, STRADER A RESOLUTION AUTHORIZING THE NINTH CONTINUANCE OF A LOCAL DISASTER EMERGENCY DECLARATION AND ITS TERMS FOR AN ADDITIONAL THIRTY (30) DAYS; AUTHORIZING THE CONTINUED IMMEDIATE EXPENDITURE OF PUBLIC MONEY TO SAFEGUARD LIFE, HEALTH AND PROPERTY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS,the 2019 novel coronavirus (COVID-19)pandemic continues to represent an imminent threat to the life, health, and property of the City of Meridian and its citizens; and WHEREAS, a local disaster emergency, as defined in Section 46-1002, Idaho Code, continues to be in existence in the City of Meridian due to the imminent threat to life and property; and WHEREAS,pursuant to the authority granted in Section 46-1011, Idaho Code, the Mayor of the City of Meridian, on March 16, 2020, declared a local disaster emergency; and WHEREAS, on March 17, 2020 the City Council of the City of Meridian passed Resolution 20-2195 ratifying the Mayor's Declaration and authorizing the continuance of the local disaster emergency declaration for a period of thirty(30) days; and WHEREAS, on April 14, 2020 the City Council of the City of Meridian passed Resolution 20- 2203 authorizing the continuance of the local disaster emergency declaration for an additional thirty (30) days; and WHEREAS, on May 121h, 2020 the City Council of the City of Meridian passed Resolution 20-2210 authorizing the continuance of the local disaster emergency declaration for an additional thirty(30) days; and WHEREAS, on June 9th, 2020 the City Council of the City of Meridian passed Resolution 20- 221.4 authorizing the continuance of the local disaster emergency declaration for an additional thirty (30) days; and WHEREAS, on July 141h 2020, the City Council of the City of Meridian passed Resolution 20-2216 authorizing the continuance of the local disaster emergency declaration for an additional thirty(30) days; and WHEREAS, on August 111h, 2020, the City Council of the City of Meridian passed Resolution 20-2222 authorizing the continuance of the local disaster emergency declaration for an additional thirty(30) days; and RESOLUTION REAUTHORIZING DECLARATION OF LOCAL DISASTER EMERGENCY Page 1 sage 183 Item#11. WHEREAS, on September 8th, 2020, the City Council of the City of Meridian passed Resolution 20- 2228 authorizing the continuance of the local disaster emergency declaration for an additional thirty (30) days; and WHEREAS, on October 13th 2020, the City Council of the City of Meridian passed Resolution 20-2232 authorizing the continuance of the local disaster emergency declaration for an additional thirty(30) days; and WHEREAS, on November 4th, 2020, the City Council of the City of Meridian passed Resolution 20-2241 authorizing the continuance of the local disaster emergency declaration for an additional thirty(30) days; and WHEREAS, it is deemed necessary by the Council of the City of Meridian to extend such local disaster emergency declaration for an additional thirty(30) days to provide for the ongoing response to the COVID-19 pandemic; and WHEREAS, Section 67-2808, Idaho Code, authorizes the Council of the City of Meridian to declare an emergency authorizing the immediate expenditure of public money to safeguard life, health or property; and WHEREAS, the Council of the City of Meridian deems it necessary for the health and safety of the citizens of the City of Meridian to continue the authorization for the immediate expenditure of public money to safeguard life, health and property; NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That the Declarations of Local Disaster Emergency pursuant to Resolutions 20- 2195, 20-2203, 20-2210, 20-2214, 20-2216, 20-2222, 20-2228, 20-2232, and 20-2241 shall remain in effect for an additional period of thirty(30) days from the effective date of this Resolution unless terminated, modified or unless extended for thirty(30) day increments. Section 2. That the continued immediate expenditure of public money to safeguard the life, health and property of the City of Meridian is hereby authorized for an additional thirty(30) day increment. Section 3. That this Resolution shall be effective on December 12, 2020, and shall establish and continue an uninterrupted period of Emergency Declaration from March 17, 2020 through midnight on January 10, 2021. Section 4. That this resolution shall supersede and void all other resolutions, orders, or parts thereof that may conflict herewith. Section 5. That a copy of this resolution shall be promptly filed with the Ada County Recorder. RESOLUTION REAUTHORIZING DECLARATION OF LOCAL DISASTER EMERGENCY Page 2 page 184 Item#11. ADOPTED by the Council of the City of Meridian, Idaho,this 8th day of December 2020. APPROVED by the Mayor of the City of Meridian, this 81h day of December 2020. Robert E. Simison Mayor ATTEST: Chris Johnson City Clerk STATE OF IDAHO ) ss County of Ada ) On this day of ,2020,before me,a Notary Public,personally appeared Robert E.Simison and Chris Johnson,known or identified to me to be the Mayor and Clerk,respectively,of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City,and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) Notary Public for Idaho Residing at: Meridian Idaho Commission expires: 03-28-2022 RESOLUTION REAUTHORIZING DECLARATION OF LOCAL DISASTER EMERGENCY Page 3 page 185 13. Mayor's Office — Current Strategic Plan Closeout Report •administrations. multiple departments and Accomplishments across •40 Objective Leads•70% CompleteGoal = •completed!work was 80% of the plan’s Item#12. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Parks and Recreation Department: Results of Public Art Survey Page 186 Meridi n s Public Art Program Based on the findings of Meridith McKinley, Public Art Consultant Item#12. Top Strengthening Meridian's Identity Developing Meridian as a Creative City Prieorietises I Creating Active and Attractive Public Spaces Page 188 Item#12. What is the IMPACT that public art should have in Meridian? • Public art should be memorable and iconic (50.3%) • Public art should enhance the identity of Meridian (43.0%) Strengthening Meridian's Identity Page 189 Item#12. What is the IMPACT that public art should have in Meridian? • Public art should be memorable and iconic (50.3%) • Public art should enhance the identity of Meridian (43.0%) According to the public, Meridian's identity is: ■ History-based, agricultural roots Strengthening Associated with the natural environment Small town feel Meridian's 4 Identity � j _ y 4 k k I Far and Away, Sector Seventeen, 2o18 Native Grasses, C. J. Rench, 2oi6 Page 190 Item#12. Keeping it Local 42% respondents said it is important that public art supports the development of local artists to develop a public art practice 56% respondents want to see work by local and regional artists in Meridian # 2 Developing r.t NEW Meridian as a Creative City WMI -� r`1 h t ,t -MAI NewTrout, Charles Haman, 202.7 Ensemble Cast, Monelle Smith, 2020 In the mind of a tee na e woman, Aeryn Waterman, Page 191 ►tem#12. Where do you take visitors to show them what Meridian is all about? • Parks (go) • The Village (74) • Downtown (58) Public art can be a tool to make these distinctive, attractive # 3 environments that people want to use and inhabit. Creating What areas of Meridian are the best opportunities for public art? Active Parks (75.6%) 1 Downtown (67.4%) Attractive Public S Page 192 ►tem#,2. Where do you take visitors to show them what Meridian is all about? • Parks (go) • The Village (74) • Downtown (58) Public art can be a tool to make these distinctive, attractive # 3 environments that people want to use and inhabit. Creating What areas of Meridian are the best opportunities for public art? Active and Parks (75.6%) Downtown (67.4%) Attractive Public Spaces What kind of artwork is appealing to the public? Functional Art: artwork that enhances existing infrastructure or dual purpose artwork Interactive Art: also dual purpose artwork or artwork that comes to life with the interaction of people Page 193 Item#12. 3. Of these projects, pick up to five that you think are visually interesting and represent the type of art you think would be successful in Meridian. ���ffflfltRiRtFrrRrtrtr¢4 4ftJ7fTJRitlR if 1'r11 li}R11#fki i �iii�tfitirrr�?fCrrfr� Creating Active and e 1-"Community Bookshelf," Kansas City, MO 2- "Gazebo," Whitesavage f Lyle,Seattle, WA Attractive Public Spaces 5 � I 3-"Beacon Bloom," 4-"Main Street Seating," 5-"Westmoreland Park," Adam Kuby, Portland,OR Arlon Bayless, Carmel, IN Cliff Garten,Salt Lake City, UT Page 194 Item#12. NextThe Arts Commission plans to implement these conclusions and priorities into a new Public Art Plan Steps 11 to be completed March 2021 -AA Page 195 Item#14. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: City Council Discussion: Proposed Updates to Idaho Code Section 50-707A, Regarding Election of Council Page 196 Item#14. C� fIEN , IN4, IDAHG-. MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Bill Nary, Meridian City Attorney Meeting Date: December 2, 2020 Presenter: Bill Nary Estimated Time: 20 minutes Topic: Discussion: Proposed updates to Idaho Code section 50-707A, regarding election of Council members by districts, and draft concept ordinance establishing City Council districts Recommended Council Action: Provide input regarding proposed updates to Idaho Code section 50-707A, regarding election of Council members by districts, and methods of establishing City Council districts in Meridian. Background: In the 2019 legislative session, the Idaho Legislature adopted changes to Idaho Code section 50- 707A. The statute now requires cities with more than 100,000 inhabitants, as reflected in the last decennial Federal census,to establish City Council districts, and for Council members to reside in the district that they represent. The statute was made effective immediately. The must current decennial Federal census data available, for purposes of this statue, is from the 2010 census. As of the 2010 census, Boise was the only city in Idaho with more than 100,000 inhabitants. It is anticipated that the 2020 census will reflect that Meridian, and possibly Nampa, also have more than 100,000 inhabitants. Meridian City Attorney Bill Nary has worked with Boise City Attorney Jamie Sullivan, Nampa City Attorney Mark Hilty, Senator Chuck Winder, and Assistant Chief Deputy Attorney General Brian Kane to prepare proposed updates to Idaho Code section 50-707A that will provide that: • Cities establishing districts shall adopt an ordinance with a process for appointing a committee to draw the districts, which committee will include the county clerk as an ex officio member. • The committee must comply with the open meetings laws and Idaho Public Records Act. • Districts must be compact and newly annexed land will be attached to the contiguous district and/or split between two contiguous districts, as applicable. • The districts must be redrawn at every decennial census. • Council members running for election must represent the district in which they reside. • In the first election following establishment of districts, sitting council members (not running for re-election) shall be permitted to serve the remainder of their terms in the seat to which they were elected, rather than be disqualified in the event that they do not reside in the district that includes their residence, in order to preserve staggered terms. • That the statute will be effective in 2022. A copy of the draft proposed legislation is included in the packet. Page 197 Item#14. In anticipation of the establishment of City Council districts, my office has prepared a draft ordinance as a starting point for discussing the process of appointing the districting committee,the composition of the committee, and the method for drawing districts. Page 198 Item#14. RAFT • 12/2/2020 CITY OF MERIDIAN ORDINANCE NO. BY THE CITY COUNCIL: BERNT, BORTON, CAVENER, HOAGLUN, PERREAULT, STRADER AN ORDINANCE REPEALING AND REPLACING MERIDIAN CITY CODE SECTION 1-7-1, REGARDING ELECTION; DISTRICTS; TERMS OF OFFICE; RESIDENCY REQUIREMENT; AMENDING MERIDIAN CITY CODE SECTION 1-7-2,REGARDING CITY COUNCIL MEMBER QUALIFICATIONS; AMENDING MERIDIAN CITY CODE SECTION 1-7-4, REGARDING CITY COUNCIL SEAT VACANCIES; ADDING A NEW SECTION TO MERIDIAN CITY CODE, SECTION 1-7-11, REGARDING CITY COUNCIL DISTRICTS; ADOPTING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Idaho Code section 50-707A requires cities with a population greater than hundred thousand(100,000),based upon the most recent federal decennial census, to establish districts, and to elect council members to represent such districts; and WHEREAS,it is anticipated that data collected in the 2020 United States Census will show that Meridian, Idaho, has a population greater than one hundred thousand(100,000); and WHEREAS,the City Council of the City of Meridian finds that the following ordinance will serve the purposes of Idaho Code section 50-707A, related provisions of Meridian City Code, and the people of the City of Meridian; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. Meridian City Code section 1-7-1 shall be repealed, and replaced with language to read as follows. 1-7-1: ELECTION; DISTRICTS; TERMS OF OFFICE; RESIDENCY REQUIREMENT: A. Elections. General city elections shall be held on the first Tuesday following the first Monday in November, in odd numbered years. B. Districts established. There shall be six (6) City Council districts in the city of Meridian. Pursuant to the provisions of Idaho Code section 50-707A and Meridian City Code section 1-7- 11, following release of the federal decennial census data and the County Clerk's establishment of election precincts, the Meridian City Council Districting Committee shall establish six (6) City Council districts. C. Seats established. There shall be six (6) seats on the Meridian City Council. The Meridian City Council Districting Committee shall number each City Council seat pursuant to this section, Idaho Code section 50-707, and the direction of the Meridian City Council Districting Committee. Each seat number shall correspond to the district so numbered. In 2021, after ORDINANCE ESTABLISHING CITY COUNCIL DISTRICTS AND DISTRICTING COMMITTEE PAGE page 199 Item#14. RAFT • 12/2/2020 districts are established, the Committee should attempt to assign seat numbers to the districts that include the residences of City Council members in seats 1, 3, and 5, as such seats were designated prior to assignment of City Council seats to districts. D. Terms. Each elected City Council member shall serve a term of four(4) years, or until his or her successor is elected and qualified. E. Staggered terms. At each election, three City Council seats shall be open for election, alternating odd-numbered seats and even-numbered seats. 1. Election in 2021. In the 2021 election, the first election after the establishment of districts in Meridian, no candidate, including an incumbent candidate, may run for election or re- election to a district seat in which the candidate is not a resident. Incumbent City Council members who are serving in seats 2, 4, and 6, as such seats were designated prior to assignment of City Council seats to districts, and who are running for re-election in 2021, must be residents of the respective districts in which they are running. In order to preserve the staggered terms, City Council members in seats 1, 3, and 5, as such seats were designated prior to assignment of City Council seats to districts, shall serve the remainder of their terms in those seats, during which time they shall represent the districts corresponding to their seat numbers, regardless of whether they are residents of the geographic district to which their seat corresponds. 2. Elections in 2023 and thereafter. In the 2023 election and in each election thereafter, no candidate, including an incumbent candidate, may run for election or re-election to a district seat in which the candidate is not a resident. F. Candidate to be district resident.Any candidate seeking election to the city council shall file his or her candidacy for one, and only one, council seat. Except as otherwise set forth in Meridian City Code section 1-7-1(E)(1), to be eligible for office, the candidate must be a resident of the geographic district for which the candidate is running. City Council members shall be elected by the electors of the said geographic district. To be eligible to run for Meridian City Council, the candidate shall meet this and all other qualifications for the office of City Council member, as required by law. Section 2. Meridian City Code section 1-7-2 shall be amended as follows. 1-7-2: QUALIFICATIONS: A. Any person shall be eligible to hold the office of council member: 1) whose defflieile residence is, at the time of declaration of candidacy or intent to seek election, and if elected, remains, in the eity limits ofthe eity fMeridian-the district to which the council member is elected to serve; and 2) is a qualified elector within the city of Meridian and the district that the council member is running and elected to serve under the constitution and laws of the state of Idaho. ORDINANCE ESTABLISHING CITY COUNCIL DISTRICTS AND DISTRICTING COMMITTEE PAGE page 200 Item#14. RAFT • 12/2/2020 B. "DamieileResident," for the purposes of this section, shall have the definition as set forth in Idaho Code section 50-402(d) mean tha di��'�tftie, fixed and pefma-neH4 home and pl=« elsewhere.of habitation. It is the plaee where that individual intends to femain, and to whieh that individual expeets to r-ettim when that individual leaves without intending to establish a new demieile C. "Qualified elector," for the purposes of this section, shall mean a person who is eighteen (18) years of age, is a United States citizen, has reside whose residence is in Meridian city limits and in the district for which the council member is elected to serve for at least the thirty (30) days preceding the election at which he desires to be elected, and who is registered to vote in such jurisdiction as required by law. Section 3. Meridian City Code section 1-7-4 shall be amended as follows. 1-7-4: VACANCIES: In the event an Office of the Council member becomes vacant, through death, moves out of the w-ar-d district, or for any other cause, the Mayor shall appoint, with the approval of the Council, an individual to fill the unexpired portion of the term, until the next general election, when the unexpired term shall be filled by regular election. Any individual so appointed must be duly Qualified to hold such office as set forth in Meridian City Code section 1-7-2. Section 4. A new section shall be added, Meridian City Code section 1-7-11, to read as follows. 1-7-11: CITY COUNCIL DISTRICTS: A. Establishment. There is hereby established the Meridian City Council Districting Committee, the purpose of which shall be to establish six (6) City Council districts and assign one (1) City Council seat to represent each district, in accordance with the applicable laws, available Census data, and principles of districting as are or may be established by law, policy, and custom governing same. B. Duties and powers. The Districting Committee shall be charged with, and authorized to: 1. Evaluate and apply Meridian's Federal decentennial census data in order to establish six (6) City Council districts pursuant to the provisions of Idaho Code section 50-707A; Title 1, Chapter 7, Meridian City Code; and all other applicable provisions of local, state, and federal law. 2. Assign City Council seats numbering 1 through 6 to the corresponding numbered districts, pursuant to the provisions of Idaho Code section 50-707 and Title 1, Chapter 7, Meridian City Code. ORDINANCE ESTABLISHING CITY COUNCIL DISTRICTS AND DISTRICTING COMMITTEE PAGE page 201 Item#14. RAFT • 12/2/2020 3. Act independently to make a final decision regarding districts and seat numbers,without regard for the residency elected officials or candidates running for municipal office of the City of Meridian, except as set forth in Meridian City Code section 1-7-1(C). 4. Consult resources and experts in demographics and population distribution, including, without limitation, COMPASS, the United States Census, and their delegees and staff, as needed or desired. 5. Consult resources and experts in districting and apportionment, including, without limitation, the Idaho Secretary of State, Idaho Commission on Redistricting, the Ada County Clerk, and the delegees and staff thereof, as needed or desired. 6. Consult City Geographic Information System(GIS) and Planning staff for information and assistance with establishment of districts and preparation of maps. 7. Consult the City Attorney or designee regarding compliance with applicable Idaho and Meridian City Code provisions. C. Membership and qualifications. I. By December 31 of the year of a federal decentennial census, as soon thereafter as practicable, or as may be otherwise necessary or required, the Mayor shall, by proclamation, appoint members to the Meridian City Council Districting Committee. In addition to the names of the members so appointed, the proclamation shall include the following directives to the City Clerk: a. Directing the City Clerk to convene the Committee. Should a vacancy occur during the tenure of the Committee, the Mayor shall fill the vacancy in like manner within fourteen(14) days. b. Directing the City Clerk to post on the City website the agenda and minutes of the Committee meetings, as well as the census data used by the Committee in the course of its charge under this section. In the event that the Mayor fails to timely act pursuant to this provision, the City Council president shall so act. 2. Voting members of the Districting Committee shall include six (6) Meridian citizens whose residences are in diverse geographic areas of Meridian, to include at least one (1) individual who resides south of Interstate 84, one (1) individual who resides north of Ustick Road, one (1) individual who resides west of Meridian Road, one (1) individual who resides east of Meridian Road. These six (6) Committee members shall be voting members, and shall serve without salary or compensation for their service. 3. The Districting Committee shall include the following ex-officio, non-voting members: a. The City Geographic Information System (GIS) Manager or designee; b. The City Planning Manager or designee; and c. The Ada County Clerk or designee. ORDINANCE ESTABLISHING CITY COUNCIL DISTRICTS AND DISTRICTING COMMITTEE PAGE page 202 Item#14. RAFT • 12/2/2020 4. The Districting Committee may include the following ex-officio, non-voting members, as may be hired by the City: a statistician, a geographer or cartographer, and/or any other experts whose services may be helpful in the Committee's discharge of its responsibilities. 5. A person who has served on the Districting Committee shall be ineligible to run for Meridian City Council for five (5) years following such service. D. Organization and meetings. 1. At the initial meeting of the Districting Committee, the members shall elect a Committee Chair and Vice Chair. a. The Chair shall be a voting member of the Committee and shall hold the same rights and privileges as any other member. The decisions, statements, and/or actions of the Chair shall obligate, commit, and/or represent the Commission only insofar as the Commission has specifically authorized. The Chair's duties shall include: 1) Preparing Committee meeting agendas in cooperation with the City Clerk or designee; 2) Presiding over all Committee meetings, and 3) Signing all documents requiring an official signature on behalf of the Committee, including its report to the Mayor and City Council. b. The Vice Chair shall perform the duties of the Chair in the absence of the Chair, and such other duties as may be delegated by the Commission Chair. c. A special election may be held at any time to fill a vacancy of the office of Chair or Vice Chair. 2. At the initial meeting of each Districting Committee, the Chair shall propose, and the members shall adopt, a timeline of meetings and actions to which the Committee must adhere in order to timely complete the Committee's work in accordance with this section and with Idaho Code section 50-707A. 3. The Districting Committee shall comply in all respects with the Idaho Open Meetings Act. The agenda for all meetings shall be prepared by the Chair in consultation with the City Clerk or designee. The City Clerk or designee shall assist the Chair with scheduling meetings,posting meeting and agenda notices, preparing meeting minutes, and distributing agendas, minutes, and other materials to the Committee members prior to each meeting. 4. A majority of currently-appointed committee members shall constitute a quorum for the transaction of any business of the Committee. 5. Each voting member shall be entitled to one (1)vote on any matter before the Committee. Except as otherwise designated herein, the vote of the majority of the voting members present at any meeting at which a quorum is present shall effectuate any decision of the Committee. Voting shall be verbal and on the record; proxy voting, secret voting, and written voting shall not be permitted. ORDINANCE ESTABLISHING CITY COUNCIL DISTRICTS AND DISTRICTING COMMITTEE PAGE page 203 Item#14. RAFT • 12/2/2020 6. Scheduling of public hearings,public comment, or other requests to or appearances before the Committee shall be at the discretion of the Chair. The Chair may set rules to maximize efficiency and productivity of meetings, including setting a time limit for presentations to the Committee. 7. Upon the City Clerk's filing of the Meridian City Council Districting Plan with the County Clerk as set forth in Meridian City Code section 1-7-11(E)(8), below, the Districting Committee shall automatically dissolve and may be reconvened only upon appointment by the Mayor pursuant to Meridian City Code section 1-7-11(C)(1). E. Procedure. 1. The Committee shall evaluate and apply Meridian's Federal decentennial census data in order to establish six (6) City Council districts pursuant to the provisions of Idaho Code section 50-707A; Title 1, Chapter 7, Meridian City Code; and all other applicable provisions of local, state, and federal law. 2. Upon completion of a draft districting map, the Districting Committee shall designate each district with a number from 1 to 6-pursuant to the provisions of Meridian City Code section 1-7-1(C) and this chapter. The draft map and numbered districts shall constitute the draft districting plan. The Committee shall hold at least one (1)public hearing to receive public testimony on the draft districting plan. 3. No later than May 1, the Districting Committee shall act to establish,by resolution, the Meridian City Council Districting Plan, to include the following documents,which shall be appended to the resolution, and incorporated into same by reference: a. A map of Meridian showing the exact locations of the designated districts, labeled with the district numbers and corresponding City Council seat numbers. b. A description of the boundaries of the designated districts, described by the names of streets or other established features or landmarks. c. A declaration that the City Council seats shall be designated with numbers corresponding to the like-numbered districts, in accordance with Meridian City Code section 1-7-1(E). The resolution shall certify that the established districts meet the criteria set forth in Idaho Code section 50-707A and other applicable statutes and laws. 4. The Committee shall transmit its resolution to the City Clerk and direct the City Clerk to: a. Schedule a public hearing before City Council on the resolution; b. Make the resolution available on the City's website; and c. Publish a notice of hearing on the matter before City Council. F. The City Clerk shall publish notice of the public hearing on the Committee's Meridian City Council Districting Plan before City Council at least once prior to the date set for the public hearing, which notice shall solicit written and verbal testimony on the districts as ORDINANCE ESTABLISHING CITY COUNCIL DISTRICTS AND DISTRICTING COMMITTEE PAGE page 204 Item#14. RAFT • 12/2/2020 established by the Committee, and shall include a link to the webpage with the documents described in Meridian City Code section 1-7-1 l(E)(5)(b), above. G. City Council shall conduct a public hearing on the Meridian City Council Districting Plan as established by the Committee, in accordance with the procedures set forth in Meridian City Code section 1-7-7. Following such public hearing, City Council shall review the Meridian City Council Districting Plan as established by the Committee, and upon a finding that it meets the criteria set forth in Idaho Code section 50-707A, shall adopt it by ordinance as the final Meridian City Council Districting Plan. Such act shall be a ministerial function of City Council; modification of the Meridian City Council Districting Plan established by the Committee may occur only upon remand to the Committee. City Council may remand or modify the matter to the Committee only upon a finding, supported by substantial evidence, that the Meridian City Council Districting Plan established by the Committee does not meet the criteria set forth in Idaho Code section 50-707A. Should City Council fail to adopt the Meridian City Council Districting Plan via ordinance at least one hundred thirty-five (135) days prior to the date of the general city election, the Committee's last resolution shall comprise the final Meridian City Council Districting Plan. H. The City Clerk shall file the Meridian City Council Districting Plan with the County Clerk at least one hundred and thirty-four(134) days prior to the Tuesday following the first Monday in November of each year, with a request that the County Clerk prepare ballots and establish polling places for all subsequent Meridian City Council elections in accordance with Meridian electors' respective City Council districts of residence. Section 5. That all ordinances, resolutions, orders, or parts thereof or in conflict with this ordinance are hereby voided. Section 6. That this ordinance shall be effective immediately upon its passage and publication. PASSED by the City Council of the City of Meridian, Idaho, this day of December, 2020. APPROVED by the Mayor of the City of Meridian, Idaho, this day of December, 2020. APPROVED: ATTEST: Robert E. Simison, Mayor Chris Johnson, City Clerk ORDINANCE ESTABLISHING CITY COUNCIL DISTRICTS AND DISTRICTING COMMITTEE PAGE page 205 Item#14. RAFT • 12/2/2020 STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 20- The undersigned, William L.M.Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance no. 20- of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50-901A(3). DATED this day of October, 2020. William L.M. Nary, City Attorney NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 20- An ordinance repealing and replacing Meridian City Code section 1-7-1, regarding election; districts; terms of office; residency requirement; amending Meridian City Code section 1-7-2, regarding City Council member qualifications; amending Meridian City Code section 1-7-4, regarding City Council seat vacancies; adding a new section to Meridian City Code, section 1-7- 11, regarding City Council districts; adopting a savings clause; and providing an effective date. First Reading: Adopted after first reading by suspension of the rule as allowed pursuant to Idaho Code City of Meridian § 50-902: YES NO Mayor and City Council Second Reading: By: Chris Johnson, City Clerk Third Reading: ORDINANCE ESTABLISHING CITY COUNCIL DISTRICTS AND DISTRICTING COMMITTEE PAGE page 206 Item#14. Draft Legislation (9/8/2020) 50-707A. ELECTION OF COUNCILMEN BY DISTRICTS. (1) Any city having fewer than one hundred thousand (100,000) inhabitants based upon the most recent federal decennial census may, by ordinance, provide for districts and the election of councilmen by districts. Upon the adoption of such an ordinance and at least one hundred twenty (120) days prior to each general election, the governing body of the city shall establish the territory of council districts in accordance with this section. Any city having more than one hundred thousand (100,000) inhabitants based upon the most recent federal decennial census shall by ordinance establish districts and shall elect councilmen by districts for districts so established. Districts shall be established no later than one hundred twenty (120) days prior to the general election following the date that election precincts are established pursuant to the provisions of section 34-301, Idaho Code. (2) Each district shall consist of one (1) or more contiguous election precincts as established pursuant to the provisions of chapter 3, title 34, Idaho Code, and each district shall, to the nearest extent possible, contain the same A---MbeF ef pee populations within 10% of population variance based upon the most recent federal decennial census. Districts shall be updated consistently with changes in city limit boundaries and annexations. (3) Each city establishing districts for the election of councilmen by districts shall establish the number of districts corresponding to the number of council seats determined by the city pursuant to section 50-701, Idaho Code, or for any city having a governing body governed by the provisions of sections 50-801 through 50-812, Idaho Code, the number of council seats determined by the city pursuant to section 50-805, Idaho Code. (4) Districts shall be drawn by a committee as established by ordinance. The County Clerk or his or her appointee shall be a non-voting ex officio member to assist the committee with regard to precincts, boundaries, and any other districting issues. Districts must be compact. No shoe string districts or protection of incumbents shall be permitted within the districting process. Districts shall be redrawn every 10 years consistent with the decennial census. If a city's boundaries change in the interim the new territory shall be joined to a contiguous district with the priority if two districts are contiguous that the new territory shall loin the district with the lower population. All proceedings of the committee shall comply with the open meetings law. All draft maps, memoranda, and other records of the committee shall be public records subject to the public records law. �4JQ Upon establishment of city election districts, council members are to be elected by the electors of the said geographic district, and any candidate must be a resident of said geographic district. For cities with fewer than one hundred thousand (100,000) inhabitants that establish districts by ordinance, the council shall determine, not less than ninety (90) days before the next general election, the method of the implementation of this ordinance. If the districts are Page 207 Item#14. of equal population, and the new territory is contiguous to two districts, then the territory may be split evenly by population between the two contiguous districts. (6) Upon the establishment of the first boundaries under this section, sitting council members shall be permitted to serve the remainder of their term in order to preserve the staggered terms. A council member may not run for re-election to a district seat in which the member is not a resident. (7) All maps of districts shall be kept in the office of the City Clerk and the County Clerk wherein the city is located. All maps of districts shall be public records and copies provided upon request. (8) This law shall be effective January 1, 2022. Page 208